10-2022 Construction Contract - CONTRACT (Aug 2022 Final).docx

Project: Bridge Rehabilitation 120th St Over Coal Creek Contractor:

Total Cost:

Term: 60 Working Days Acct. or P.O. #: 34-301-932100

CONSTRUCTION CONTRACT

FOR CONSTRUCTION OF PUBLIC WORKS $150,000 OR MORE

THIS AGREEMENT (“Agreement”) is dated as of the ____ day of _______________ , 20___, by and between the City of Lafayette, Colorado, a Colorado home rule city and municipal corporation, (hereinafter called CITY), and ________________________________________, whose address is __________________________________(hereinafter called CONTRACTOR). CONTRACTOR agrees to work for CITY as an independent contractor, on the following terms and conditions contained in this Agreement.

CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1

WORK

1.1. “Project”: The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

Bridge Rehabilitation 120th St Over Coal Creek

1.2. “Work”: CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

Construction of the bridge box culvert deck rehabilitation on 120th St over Coal Creek. The project will consist of the replacement of the entire top slab of the bridge culvert and bridge railing. Project elements include replacement of the bridge deck and bridge rail, asphalt improvements leading up to the bridge, relocation of the pedestrian crossing signal, signing, striping, and final stabilization of the area upon project completion.

1.3. “Site”: The Site is the place where the Project is located, specifically ~1,630 feet south of E South Boulder Road on S 120th St, crossing Coal Creek within the City of Lafayette. Coordinates for the intersection of 120th Street and Coal Creek are 39.98233N, -105.07179W.

ARTICLE 2

LOCAL AGENCY PROJECT MANAGER; ENGINEER IN RESPONSIBLE CHARGE OF CONSTRUCTION SUPERVISION; AND DESIGN PROFESSIONAL

2.1 Local Agency Project Manager: CITY’s project manage and in-house representative will be Casey Carlson, City of Lafayette, Civil Engineer II, who shall have those duties and responsibilities and the rights and authority assigned to the Local Agency Project Manager in the Contract Documents.

2.2 Engineer in Responsible Charge of Construction Supervision (ERCCS): This Project will have construction management services provided by RockSol Consulting Group, Inc. RockSol Consulting Group, Inc. will act as the CITY’s representative and the Engineer in Responsible Charge of Construction Supervision (“ERCCS”) and has those duties and responsibilities set forth in the Contract Documents, including but not limited to providing project management, inspection, testing, and public information management services, in addition to assisting CITY in an advisory capacity in connection with the completion of the Work in accordance with the Contract Documents.

2.3 Design Professional: This Project has been designed by: RockSol Consulting Group, Inc., who is hereinafter called DESIGN PROFESSIONAL and who is to act as CITY's representative, assume all duties and responsibilities and have the rights and authority assigned to DESIGN PROFESSIONAL in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

2.4 Wherever the Contract Documents provide for notice to the ERCCS or the DESIGN PROFESSIONAL, such notice shall be delivered to RockSol Consulting Group, Inc.

ARTICLE 3

CONTRACT TIMES

3.1. The Work will be substantially completed within 60 working days after the date when the Contract Times commence to run as provided in paragraph 2.3. of the General Conditions and completed and ready for final payment in accordance with The Colorado Department of Transportation 2023 Standard Specifications for Road and Bridge Construction Section 109.

3.2. Liquidated Damages: CITY and CONTRACTOR recognize that time is of the essence of this Agreement and that CITY will suffer financial loss if the Work is not completed within the times 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 the actual loss suffered by CITY if the Work is not completed on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY One-Thousand dollars ($1,000.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by CITY, CONTRACTOR shall pay CITY One-Thousand dollars ($1,000.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment or after actual Substantial Completion, whichever is later. Liquidated damages for delay in reaching substantial completion and liquidated damages for delay in reaching completion and readiness for final payment shall not accrue simultaneously.

ARTICLE 4

CONTRACT PRICE

CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2. below:

4.1. for all work other than Unit Price Work, a Lump Sum of:

All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.8. of the General Conditions; plus: .

4.2. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2.:

UNIT PRICE WORK

NO.

ITEM

UNIT

ESTIMATED

QUANTITY

UNIT

PRICE

TOTAL

ESTIMATED

As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of the actual quantities and classifications are to be made by DESIGN PROFESSIONAL as provided in paragraph 9.8 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions.

4.3. CITY has appropriated funds equal to or in excess of the Contract Price.

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 DESIGN PROFESSIONAL as provided in the General Conditions.

5.1. Progress Payments; Retainage: CITY shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by DESIGN PROFESSIONAL, on or about the 25th day of each month during construction as provided herein. All such payments will be measured by the schedule of values established in paragraph 2.7 of the General Conditions (and in the case of Unit Price Work, based on the number of units completed) or, in the event there is no schedule of values, as provided in the Specifications.

5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as DESIGN PROFESSIONAL shall determine, or CITY may withhold, in accordance with paragraph 14.4.4 of the General Conditions:

· 95% of Work completed, with the balance being retainage. The withheld percentage of the contract price shall be retained until the contract is completed satisfactorily and finally accepted by CITY.

· 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to CITY as provided in paragraph 14.2. of the General Conditions), with the balance being retainage.

The withheld percentage of the contract price shall be retained until the contract is completed satisfactorily and finally accepted by CITY.

5.1.2. Upon Substantial Completion, payments shall be made in an amount sufficient to increase total payments to CONTRACTOR to at least 95% of the Contract Price, if in the opinion of the CITY, satisfactory progress had been made in the Work, (with the balance being retainage), less such amounts as DESIGN PROFESSIONAL shall determine, or CITY may withhold, in accordance with paragraph 14.4.4 of the General Conditions.

5.1.3. Whenever CONTRACTOR receives payment pursuant to this paragraph 5.1., CONTRACTOR shall make payments to each of its Subcontractors of any amounts actually received that were included in CONTRACTOR’s request for payment to CITY for such Subcontracts. CONTRACTOR shall make such payments within seven calendar days of receipt of payment from CITY in the same manner as CITY is required to pay CONTRACTOR pursuant to this paragraph 5.1 if the Subcontractor is satisfactorily performing under its contract with CONTRACTOR. CONTRACTOR shall be relieved of the requirements of this paragraph regarding payment in seven days and the payment of interest until its Subcontractor submits the list required by paragraph 5.1.4. Nothing in this paragraph 5.1.3 shall be construed to affect the retention provisions of this Agreement, or the CONTRACTOR’S obligation to pay Subcontractors pursuant to Section 24-91-103, C.R.S. (as amended).

5.1.4. CONTRACTOR shall include a provision in all of its subcontracts requiring its Subcontractors to pay all Suppliers, sub-subcontactors, and laborers any amounts actually received that were included in the Subcontractor’s request for payment to CONTRACTOR for such persons, in the same manner set forth in this paragraph 5.1 regarding payments by CONTRACTOR to the Subcontractor. Further, all said subcontracts shall include a provision that at the time the Subcontractor submits a request for payment to the CONTRACTOR, the Subcontractor shall also submit to the CONTRACTOR a list of the Subcontractor’s Suppliers, sub-subcontractors, and laborers.

5.2. Final Payment: Upon final completion and acceptance of the Work in accordance with paragraph 14.9 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by DESIGN PROFESSIONAL as provided in said paragraph 14.9.

5.3. No Lien Rights: CONTRACTOR understands that this is a contract for the construction or repair of a public building or public work, and is therefore governed by C.R.S. §§ 38-26-105 through 107. CONTRACTOR further understands that these statutory provisions are in lieu of any lien rights. CONTRACTOR further understands that failure on the part of CONTRACTOR, any Subcontractor, Supplier, sub-subcontractor or laborer furnishing labor or supplies to the Work must follow the said statutory provisions in filing any claim for payment, and that failure on the part of any such claimant to comply with said statutory requirements, shall relieve CITY from any liability for making payment to such claimant. CONTRACTOR agrees to include this provision in any and all subcontracts.

ARTICLE 6

INTEREST

6.1 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at a rate not to exceed 15%.

6.2 If CONTRACTOR fails to make timely payments to any subcontractors as required by C.R.S. § 24-91-103 or this Agreement, CONTRACTOR or its subcontractors may be responsible to pay subcontractor(s) interest at the rate of fifteen percent (15%) per annum on the amount of the payment which was not made in a timely manner.

ARTICLE 7

CONTRACTOR’S REPRESENTATIONS

In order to induce CITY to enter into this Agreement, CONTRACTOR makes the following representations:

7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 8 herein) and the other related data identified in the Bidding Documents, including "technical data."

7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work.

7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work.

7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.2. of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR’s purposes. CONTRACTOR acknowledges that CITY and DESIGN PROFESSIONAL do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents.

7.5. CONTRACTOR is aware of the general nature of work to be performed by CITY and others at the site that relates to the Work as indicated in the Contract Documents.

7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.

7.7. CONTRACTOR has given DESIGN PROFESSIONAL written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by DESIGN PROFESSIONAL is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

ARTICLE 8

CONTRACT DOCUMENTS

The Contract Documents that comprise the entire agreement between CITY and CONTRACTOR concerning the Work consist of the following:

8.1. This Agreement (pages 1 to ________, inclusive).

8.2. Exhibits to this Agreement (pages ________ to ________, inclusive).

8.3. Supplementary Conditions (pages ________ to ________, inclusive).

8.4. General Conditions (pages ________ to ________, inclusive).

8.5. Drawings consisting of a cover sheet and sheets numbered 1 through 24, inclusive with each sheet bearing the following general title: “CITY OF LAFAYETTE; CONSTRUCTION BID PLANS OF PROPOSED; BRIDGE REHABILITATION 120TH STREET OVER COAL CREEK; BOULDER COUNTY, CITY OF LAFAYETTE, COLORADO; PROJECT NO. BRO M750-007; SUB ACCOUNT 25517

8.6. Specifications bearing the title “LAFAYETTE, COLORADO; DEPARTMENT OF PUBLIC WORKS; 120TH OVER COAL CREEK BRIDGE REHABILITATION; CDOT PROJECT NUMBER: BRO M750-007; CDOT SUBACCOUNT NUMBER: 25517” (pages 1 to 39, inclusive), and dated 10/14/2024.

8.7. Performance, Payment, and other Bonds, identified as exhibits ________ and consisting of ________ pages.

8.8. Notice to Proceed.

8.9. Addenda numbers ________ to ________, inclusive.

8.10. Invitation to Bid.

8.11. CONTRACTOR'S Bid (pages ________ to ________, inclusive) marked Exhibit ________.

8.12 The following documents that may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.4. and 3.5. of the General Conditions.

The documents listed in paragraphs 8.2 et seq., above, are attached to this Agreement (except as expressly noted otherwise above) and are made a part of this Agreement.

There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified, or supplemented as provided in paragraphs 3.4 and 3.5 of the General Conditions.

The provisions of this Agreement, followed by the Supplementary Conditions, and then the General Conditions, shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Agreement and any of the Contract Documents.

ARTICLE 9

MISCELLANEOUS

9.1. Any notice to the parties required under this Agreement shall be in writing, delivered to the person designated below for the parties at the indicated address unless otherwise designated in writing. Only mailing by United States mail or hand-delivery shall be utilized. Facsimile and e-mail addresses are provided for convenience only.

Design

9.2. Terms used in this Agreement that are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions.

9.3. 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.

9.4. This Agreement is between CITY and CONTRACTOR and no other person or organization shall be entitled to enforce any of its provisions or have any right under this Agreement.

9.5. CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.

9.6. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution Article X, Section 20. Notwithstanding any other provision of this Agreement, CITY's obligations under this Agreement are subject to annual appropriation by the City Council of the CITY. Any failure of the City Council annually to appropriate adequate funds to finance CITY's obligations under this Agreement shall terminate this Agreement at such time as such then-existing appropriations are to be depleted. Notice shall be given promptly to CONTRACTOR of any failure to appropriate such adequate monies.

9.7. This Agreement is to be governed by the laws of the State of Colorado. Venue for any legal proceeding under this Agreement shall be in Boulder County, Colorado.

9.8. This Agreement may only be amended, supplemented, or modified in a written document signed by both parties.

9.9. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CITY and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

9.10. In the event of default of any of the provisions herein, the defaulting party shall be liable to the non-defaulting party for all reasonable attorney fees, legal expenses and costs incurred as a result of the default.

9.11. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the CITY shall not constitute a waiver of any of the other terms or obligations of this Agreement.

9.12 CONTRACTOR agrees to perform the work in compliance with all applicable federal, state, county and city laws, ordinances, rules and regulations, including, without limitations, any preference for Colorado Labor as may be required pursuant to Article 17, of Title 8 of the Colorado Revised Statutes (the “Keep Jobs in Colorado Act”), as amended.

9.13. Counterparts and Signatures. This Agreement may be executed by the parties in counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall constitute one and the same Agreement. Each of the parties shall be entitled to rely upon a counterpart of the instrument executed by the other party and sent by facsimile or electronic transmission. The parties further agree this Agreement may be executed by electronic signatures, and any electronic signatures, electronic record of this Agreement containing an electronic signature, or a paper copy of an electronic signature shall be binding upon the party providing such electronic signature as if it were the party’s original signature.

9.14. ACCEPTANCE OF FUEL COST ADJUSTMENTS:

Bidders have the option to accept Fuel Cost Adjustments in accordance with the Revision of Section 109 – Fuel Cost Adjustment. To accept this standard special provision, the bidder must fill in an “X” next to “YES” below. No Fuel Cost Adjustment will be made due to fuel cost changes for bidders who answer “NO”. If neither line is marked, the Department will assume the bidder rejects Fuel Cost Adjustments for this project. After bids are submitted, bidders will not be given any other opportunity to accept or reject this adjustment.

(Mark only one line with an “X”)” YES, I choose to accept Fuel Cost Adjustments for this project

NO, I choose NOT to accept Fuel Cost Adjustments for this project (if neither line is marked, the default is “NO”, I choose NOT to accept Fuel Cost Adjustments for this project

[The remainder of this page is intentionally blank.]

IN WITNESS WHEREOF, CITY and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to CITY, CONTRACTOR and DESIGN PROFESSIONAL. All portions of the Contract Documents have been signed, initialed or identified by CITY and CONTRACTOR or identified by DESIGN PROFESSIONAL on their behalf.

This Agreement executed to be effective on __________________________, 20___.

FOR THE CITY OF LAFAYETTE:

Mayor

Attest:

City Clerk

Approved as to Form:

City Attorney for the City of Lafayette

FOR THE CONTRACTOR:

[INSERT NAME OF CONTRACTOR]

By:

Printed Name:________________________ Title: _______________________________

CONTRACTOR’s License No:

CONTRACTOR’s Agent for service of process:

ATTEST:

Title:_______________________________

Construction Contract (Construction of Public Works $150,000 or More City of Lafayette, 1290 South Public Road, Lafayette, CO 80026; Phone: 303-665-5588 Form Approved by City Attorney August 2022 Page 1 image1.emf