Sample_Agreement.pdf

ITB-XX-XXXX-PROJECT NAME

CITY OF WHEAT RIDGE

ITB-XX-XXX-Project Name

SAMPLE AGREEMENT

THIS AGREEMENT, made this day of [Bid Year] by and between the City of Wheat Ridge, Colorado, hereinafter called "Owner" and , doing business as an individual, whose business address is , hereinafter called "Contractor".

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned the parties agree as follows:

1) The Contractor agrees to furnish all materials, supplies, tools, equipment, labor and other services necessary to complete the construction of the Project titled, ITB-[YR-###], [PROJECT NAME], in accordance with the Contract Bid Documents.

2) The Contractor agrees to perform all the Work described in the Contract Bid Documents and comply with the terms therein for the Total Contract amount of Dollars

($ ) which includes any alternates.

3) The Contractor agrees to commence the Work required by the Contract Documents within Fourteen (14) calendar days after the date of the Notice to Proceed and to complete the same within [# of working days] working days after the date of the Notice to Proceed unless the time for completion is extended otherwise by written changes to the Contract Bid Documents.

4) The term "CONTRACT BID DOCUMENTS" means and includes the following:

a) Advertisement for Bid

b) Information for Bidders

c) General Provisions

d) Bidder Acknowledgement Form

e) List of Subcontractors and Amount

f) Non-Discrimination Assurance Form

g) Non-Collusion Affidavit

h) Proposal Form

i) Pricing Schedule

j) Bid Bond Form

k) Agreement

l) Payment Bond

m) Performance Bond

n) Notice to Proceed

o) Final Receipt

p) Project Specifications

q) Addenda

r) Drawings/Exhibit

5) The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions, such amounts as required by the Contract Documents.

6) In case of discrepancy, the order of precedence is as follows:

a. Contract

b. Special Provisions

1) Project Special Provisions

2) Standard Special Provisions

c. Plans

1) Detailed Plans

2) Standard Plans

3) Calculated dimensions will govern over scaled dimensions

d. Supplemental Specifications

e. Standard Specifications

f. Federal-Aid Agreement Provisions for Construction Agreements (FHWA Form 1273)

g. Additional Federal Requirements

h. FFATA Supplemental Federal Provisions

i. City of Wheat Ridge General Conditions

7) Section 2-3 (a) – (e) of the City's Code of Laws is presented below:

a) Fiscal year. Fiscal year for the City shall commence on January 1 and end on December 31.

b) Budget contains appropriations. The City Council shall annually adopt a budget in a manner consistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge. Upon the annual adoption by the City Council of each fiscal year's budget, levels of authorized expenditures from the funds indicated within the annual budget itself and/or the adopting resolution shall constitute the appropriation of the amounts specified therein for the purposes specified therein.

During the course of each fiscal year, approval by the City Council of contracts for goods or services, and/or approval of bids for the provision of specified goods or services, shall likewise constitute appropriations of the amounts specified therein for the purposes specified therein.

c) No contract to exceed appropriation. During each and any fiscal year, no contract entered into by or on behalf of the City shall expend or contract to expend any money, or incur any liability, nor shall any contract be entered into nor any bid be awarded by or on behalf of the City which, by its terms, involves the expenditure of money for any of the purposes for which provision is made either in the adopted budget or adopting resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid award. Any contract or bid award, either verbal or written, made in violation of the provisions of this section shall be void as to the City and no City monies from any source whatsoever shall be paid thereon.

d) Amendments and authorized expenditures. Nothing contained herein shall preclude the City Council from adopting a supplemental appropriation in a manner consistent with the provisions of Section

10.12 of the Home Rule Charter of the City. Further, nothing contained in this section shall prevent the making of contracts for governmental services or for capital outlay for a period exceeding one (1) year if such contracts are otherwise allowed by the Home Rule Charter of the City; provided, however, any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years.

e) Notice to parties contracting with the City. All persons contracting with, or selling goods or services to, the City are hereby placed upon notice of the provisions of this section. The provisions of this section shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to specifically in all public works bid documents and contracts; and shall be incorporated into, and specially noted within, all other contracts entered into by or on behalf of the City wherein City funds are used to pay for said contract.

8) Section 2-4 of the City Code of Laws is presented below:

(a) The City may, by contract, require the contractor awarded a public works contract to waive, release or extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract if such delay is caused, in whole or in part, by acts or omissions of the City or its agents, if the contract provides that an extension of time for completion of the work is the contractor's remedy for such delay. Such a clause is valid and enforceable, any provision of state law to the contrary notwithstanding.

(b) The City Council, by this ordinance (Ordinance No. 812), declares its local contracting powers to be a matter of purely local concern, and further specifically intends to supersede, pursuant to its powers under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 24-91-103.5, C.R.S., insofar as they conflict with the provisions of this section of the Code of Laws of the City of Wheat Ridge, Colorado.

9) Any notice or communication given pursuant to this Agreement to the City shall be made in writing:

City Contact: Contractor Contact:

Name: Name:

Address: Address:

E-mail: Fax:

Phone: Phone:

Fax: Fax:

10) The Contractor agrees to abide by the requirements under EXECUTIVE ORDER NO. 11246 as amended, including specifically the provisions governed by the Equal Opportunity Commission and also to abide by the requirements of the IMMIGRATION REFORM AND CONTRACT ACT OF 1986 and the requirements of the AMERICANS WITH DISABILITIES Act of 1991; and the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 requirements under the Civil Rights Act of 1964, assuring that no person shall on the grounds of race, color, or national origin be excluded from participation in the opportunity to bid, or be discriminated against in consideration of award of this project.

11) In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount.

12) To the extent that the agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the agreement, the terms of this agreement are severable. Should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach.

13) This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written.

ATTEST: OWNER

CITY OF WHEAT RIDGE

7500 WEST 29TH AVENUE

MARGY GREER, SENIOR DEPUTY CITY CLERK WHEAT RIDGE, C0 80033

303-234-5900

DATE BUD STARKER, MAYOR

(Seal)

APPROVED AS TO FORM: CONTRACTOR

GERALD DAHL, CITY ATTORNEY COMPANY NAME

ADDRESS

ATTEST TO CONTRACTOR:

AUTHORIZED SIGNATURE

PRINT NAME

NAME

TITLE

TITLE

DATE DATE