HomeMy WebLinkAboutC87-115 HACO Contractors guard rail placement contractAGREEMENT
87-115_21..
THIS AGREEMENT is dated as of the f�L date of
} in the year 19 by and between
Board of County Commissioners
Eagle County, Colorado
(hereinafter called OWNER)
HACO CONTRACTORS, INC.
18610 W. HIGHWAY 72
GOLDEN, CO 80403
(hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual
covenants set forth, agree as follows:
ARTICLE 1 - WORK
CONTRACTOR shall complete all Work as specified or
indicated in the Contract Documents. The Work is
generally described as follows:
Eagle County 1987
Guard Rail Placement
ARTICLE 2 - ENGINEER
The Project has been designed by the Eagle County Engineer
(an employee of Eagle County) who is hereinafter called
ENGINEER and will assume all duties and responsibilities
and will have the rights and authority assigned to
ENGINEER in the Contract Documents in connection with
completion of the Work in accordance with the Contract
Documents.
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ARTICLE 3 - CONTR idT TIME
3.1 The Work will be substantially completed on or
- before August 29 ,19 87 and completed
and ready for final payment in accordance with
paragraph 14.13 of the General Conditions on or
before August 29 , 19 87 .
3.2 LIQUIDATED DAMAGES: OWNER and CONTRACTOR recognize
that time is of the essence of this Agreement and
that OWNER will suffer financial loss if the Work is
not substantially complete within the time specified
in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General
Conditions. They also recognize the delays, expense
and difficulties involved in proving in a legal or
arbitration proceeding the actual loss suffered by
OWNER if the Work is not substantially complete on
time. Accordingly, instead of requiring such proof,
OWNER and CONTRACTOR agree that as liquidated
damages for delay (but not as a penalty) CONTRACTOR
shall pay OWNER One hundred forty dollars
( $140.00 ) for each day that expires after the
time specified in paragraph 3.1 for substantial
completion until the Work is substantially complete.
ARTICLE 4 - CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for performance of the
Work in accordance with the Contract Documents in
current funds as follows:
(See Attached Bid Form)
(Marked Exhibit A)
ARTICLE 5 - PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in
accordance with Article 14 of the General
Conditions. Applications for Payment will be
processed by ENGINEER as provided in the General
Conditions.
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5.1 PROGR'S�-6'S PAYMENTS: OWNER shall `ake monthly
progress payments on account of the Contract Price
on the basis of CONTRACTOR's Applications for
Payment as recommended by ENGINEER, as provided
below. All progress payments will be on the basis
of the progress of the Work measured by the schedule
of values provided for in paragraph 14.1 of the
General Conditions.
5.1.1 Prior to Substantial Completion progress
payments will be in an amount equal to:
90 of the Work completed until
fifty percent of the Work is performed
after which no additional retainage shall
be withheld, and
90 % of materials and equipment
not incorporated in the Work but delivered
and suitably stored, less in each case the
aggregate of payments previously made.
5.1.2 Upon Substantial Completion, OWNER shall
pay an amount sufficient to increase total
payments to CONTRACTOR to 95 % of
the Contract Price, less such amounts as
ENGINEER shall determine in accordance with
paragraph 14.7 of the General Conditions.
5.2 FINAL PAYMENT: Upon final completion and acceptance
in accordance with paragraph 14.13 of the General
Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as
provided in said paragraph 14.13. The final payment
shall not be made until after final settlement of
this contract has been duly advertised at least ten
days prior to such final payment by publication of
notice thereof at least twice in a public newspaper
of general circulation published in Eagle County,
and the Board of County Commissioners has held a
public hearing, thereupon and complied with the
Revised Statues 1973, Section 38-26-107 as amended.
Final payment shall be made in accordance with the
requirements of aforesaid statue.
ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this
AGREEMENT, CONTRACTOR makes the following
representations:
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6.1 CONTR JTOR has familiarized himse:cT with the nature
and extent of the Contract Documents, Work,
locality, and with all local conditions and federal,
state and local laws, ordinances rules and
regulations that in any manner may affect cost,
progress or performance of the Work.
6.2 CONTRACTOR has studied carefully all reports of
investigations and tests of subsurface and latent
physical conditions at the site or otherwise
affecting cost, progress or performance of the Work
which were relied upon by ENGINEER in the
preparation of the Drawings and Specifications and
which have been identified in the Supplementary
Conditions.
6.3 CONTRACTOR has made or caused to be made
examinations, investigations and tests and studies
of such reports and related data in addition to
those referred to in paragraph 6.2 as he deems
necessary for the performance of the Work at the
Contract Price, within the Contract Time and in
accordance with other terms and conditions of the
Contract Documents; and no additional examinations,
investigations, tests, reports or similar data are
or will be required by CONTRACTOR for such purposes.
6.4 CONTRACTOR has correlated the results of all such
observations, examinations, investigations, tests,
reports and data with the terms and conditions of
the Contract Documents. ,
6.5 CONTRACTOR has given ENGINEER written notice of all
conflicts, errors or discrepancies that he has
discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to
CONTRACTOR.
ARTICLE 7 - CONTRACT DOCUMENTS
The Contract Documents which comprise the entire
Agreement, made a part hereof and consists of the
following:
7.1 This Agreement (Pages 1 to 7 , inclusive).
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C"
7.2 Exhibits A to this Agreement (Pages 1 to 5 ,
inclusive).
7:3 Performance and other Bonds, identified as
exhibits and consisting of
pages.
7.4 Notice of Award.
7.5 General Conditions (Pages 1 to 54 ,
inclusive).
7.6 Special Provisions bearing the title and consisting
of 4 divisions and 4 pages, as listed in the
table of contents thereof.
7.7 Drawings, consisting of 7 sheets.
7.8 Addenda numbers to , inclusive.
7.9 Documentation submitted by CONTRACTOR prior to
Notice of Award (Pages to , inclusive).
7.10 Any Modification, including Change Orders, duly
delivered after execution of Agreement.
There are no Contract Documents other than those listed
above in this Article 7. The Contract Documents may only
be altered, amended or repealed by a Modification (as
defined in Section 1 of the General Conditions).
ARTICLE 8 - MISCELLANEOUS.
8.1 The terms used in this Agreement which are defined
in Article 1 of the General Conditions shall have
the meanings indicated in the General Conditions.
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8.2 No asp gnment by a party hereto 'anv rights under
or interests in the Contract Documents will be
binding on another party hereto without the written
consent of the party sought to be bound; and
specifically but without limitation, moneys that may
become due and moneys that are due may not be
assigned without such consent (except to the extent
that the effect of this restriction may be limited
by law), and unless specifically stated to the
contrary in any written consent to an assignment no
assignment will release or discharge the assignor
from any duty or responsibility under the Contract
Documents.
8.3 OWNER and CONTRACTOR each binds himself, his
partners, successors, assigns and legal
representatives to the other party hereto, his
partners, successors, assigns and legal
representatives in respect to all covenants,
agreements and obligations contained in the Contract
Documents.
ARTICLE 9 - OTHER PROVISIONS.
IN WITNESS WHEREOF, the parties hereto have signed
this Agreement in triplicate. One counterpart each
has been delivered to OWNER, CONTRACTOR and
ENGINEER. All portions of the Contract Documents
have been signed or identified by OWNER and
CONTRACTOR or by ENGINEER on their behalf._
This Agreek- t will be effective on ,- , 193
OWNER: Eagle County Board of
County Commissioners
By:
N
ATTESTJ
&�gZll*�
Address for giving notices:
Eagle County Board of
County Commissioners
P.O. Box 850
Eagle, Colorado 81631
0
ATTEST
(CORPORATE SEAL)
Address for giving notices:
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