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Home My WebLink AboutC03-311 American Civil Constructors Multi purpose Pond Tract C Berry Creek f. ~os-.3lt- 4-1 SECTION 00500 AGREEMENT PROJECT NAME: Multi-Purpose Pond, Tract C, Berry Creek!Miller Ranch PUD . THIS AGREEMENT is dated as of the qJ;t71O day of 0~..b/ A ~ , in the year 2003 by and between Board of County Commissioners Eagle County, Colorado (hereinafter called OWNER) and American Civil Constructors (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 Construction Documents. The work is generally described as follows: Provide all labor, tools, materials and services to complete construction of the pond and related out-fall and overtopping structures, pond liner and perimeter treatments, sedimentation pond and related structures, piping of ditch, walkways, relocation of water lines and fine grading and seeding as further described and identified in plans and specifications hereof. ARTICLE 2 - OWNERS REPRESENTATIVE The project is under the authority of the Eagle County Facilities Management, the Director of which or his designee, shall be owners liaison with respect to the performance of the work. ARTICLE 3 - CONTRACT TIME 3.1 The work will be substantially completed on or before June 15, 2004, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before July 1, 2004. . 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 a legal or arbitration proceeding the actual loss suffered by OWNER if the work is not 1 ).. 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 Five Hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for substantial completion until the work is substantially complete. 3.3 OWNER shall notify CONTRACTOR to proceed with alternates on or before October 28,2003. ARTICLE 4 - CONTRACT PRICE 4.1 The funds appropriated for this project are equal to or in excess of the contract amount. OWNER shall pay CONTRACTOR for performance of the work in accordance with the Contract Documents in current funds as follows: Total base price shall be: $675,375.00 (Six Hundred Seventy Five Thousand Three Hundred Seventy Five Dollars and Zero Cents) For itemized costs, please see the itemized price list with descriptions in Section 00300 "BID FORM" of the project manual. Notwithstanding anything to the contrary contained in the Contract Documents, no charges shall be made to OWNER nor shall any payment be made to CONTRACTOR for any work done after December 31, 2003 without the written approval of the OWNER in accordance with a budget adopted by the Board of County Commissioners in accordance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes and the Local Government Budget Law (C.R.S. ~29-1-101 et seq.). 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. 5.1 PROGRESS PAYMENTS: OWNER shall make monthly progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payments 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 (50%) 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. 2 ~ . . 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 Statutes 1973, Section 38-26-107 as amended. Final payment shall be made in accordance with the requirements of aforesaid statute. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself 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. 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, t€?sts, 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. 3 ,. ARTICLE 7 - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement, made a part hereof, and consist of the following: 7.1 This agreement 7.2 Bid form 7.3 General Conditions 7.4 Specifications (Project Manual) 7.5. Plans 7.6 Addenda 7.7 Documentation submitted by CONTRACTOR prior to Notice of Award (if applicable) 7.8 Any modifications, including Change Orders, duly delivered after execution of Agreement. 7.9 Soils and subsurface conditions report by Hepworth and Pawlak Inc. dated May 12, 2003. 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. 8.2 No assignment by a party hereto of any 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, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.4 ATTORNEY'S FEES: In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 4 . . " .j . 8.5 APPLICABLE LAW: This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. 8.6 It is expressly acknowledged and understood by the parties hereto that nothing contained in the Contract Documents shall result in, or be construed as, establishing an employment relationship between the CONTRACTOR and OWNER other that of an independent contractor. No agent, subcontractor, employee, or servant of CONTRACTOR shall be, or shall be deemed to be, the employee, agent or servant of OWNER. CONTRACTOR shall be solely and entirely responsible for its acts and for the acts of CONTRACTOR's agents, employees, servants and subcontractors during the performance of the Agreement. 8.7 The making, execution and delivery of this Agreement by the parties hereto has not been induced by any prior or contemporaneous representation, statement, warranty or agreement as to any matter other than those herein expresses. The Contract Documents embody the entire understanding and agreement of the parties, and there are not further or other agreements or understandings, written or oral, in effect between CONTRACTOR and OWNER relating to the subject matter hereof. 8.8 CONTRACTOR shall not discriminate against any employee or applicant for employment in the performance of this Agreement on the basis of race, color, religion, national origin, sex, or ancestry. 5 . ~. I - 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 Agreement will be effective on / C. - d f1 . ,2003. OWNER: CONTRACTOR: ~efl.,cU4-(j C, fI, '- (;NSr~~ BY: 4~~ J~ [.~{..L- BY: Michael L. Gallagher, Ch' an Eagle County Board of County Commissioners (CORPORATE~SEAL) Eagle County Board of County Commissioners P.O. Box 850 Eagle, Colorado 81631 lJ.&,u~uc.aJ CA.li &.-- {!EJvJS:r~~' 4[;' {AJr ..J~.e/~ J- rr~r'ar...J Co g-OI"2C Comments: END SECTION 00500 6