HomeMy WebLinkAbout790892.tiff FORM OF AGREEMENT
FOR
ENGINEERING CONSTRUCTION
THIS AGREEMENT, made on the 6th of June 19 79
by and between The Board of County Commissioners •
Weld County, Colorado
party of the first part, hereinafter called the OWNER, and
• Herdman Electric Company
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named,
agree as follows:
ARTICLE I—Scope of the Work
The Contractor hereby agrees to furnish all of the materials and all of the equipment and
labor necessary, and to perform all of the work shown on the drawings and described in the
specifications for the project entitled Electrical modifications to Pierce Asphalt
Plant
all in accordance with the requirements and provisions of the following Documents as well as
the Contract Documents as hereinafter defined in the General Conditions which are hereby made
a part of this Agreement:
(a) Drawings prepared for same by Miner and Miner, Consulting Engineers, Incorporated
numbered 1279-006 B 16784 Sheets 1 through 12
and dated April 3 , 19 79
(b) Specifications consisting of:
Conditions
1. "Mali( Generall X1XA1d " issued by Weld County Engineering
Department
Technical Provisions Ed'uo'
2. "gaVi % r tVP' as prepared by Miner & Miner
dated April 9, 1979
6
790892
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4. Addenda
No. Date
•
ARTICLE II —Time of Completion
(a) The work to be performed under this Contract shall be co nntenced within 10
calendar days after receipt of written notice to proceed. The work shall be completed
within 30 (calendar) (* )d)[4) days after receipt of notice to proceed.
(b) Failure to complete the work within the number of (calendar) IM N144) days stated in
this Article, including extension granted thereto as determined by Section 19 of the General
Conditions, shall entitle the Owner to deduct from the moneys due to the Contractor as
"Liquidated Damages" an amount equal to $ 100 00 for each (calendar) (*MAC
)
day of delay in die completion of work.
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ARTICLE III—Extra Work
If the Engineer orders, in writing, the performance of any work not covered by the Draw-
ings or included in the Specifications, and for which no item in the Contract is provided, and for
which no unit price or lump sum basis can be agreed upon, then such extra work shall be done
on a Cost-Plus-Percentage basis of payment as follows:
(a) The Contractor shall he reimbursed for all costs incurred in doing the work, and shall
• receive, an additional payment of * percent of all such cost to cover his indirect
overhead costs, plus _* percent of all costs, including indirect overhead, as his-fee.
(b) Extra Work is to be performed as agreed upon by the Owner and Contractor on a reason-
able basis including but not limited to the following items:
1. Wages: The actual payroll costs plus fringe benefits of all workmen such as laborers,
mechanics, craftsmen and foremen.
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2. Material: The contractor's or subcontractor's ❑et costs for materials and supplies,
including sales and user taxes where applicable.
3. Equipment Rental: The rental charges for vehicles, construction machinery and equip-
ment, including transportation charges if any, and charges for electrical power, fuel,
lubricants, water and special services as published by the Associated Equipment
Distributors.
For equipment which the contractor regularly keeps and uses on the job site, the rental
charges shall not exceed the applicable monthly rates published by the Associated
Equipment Distributors. However, the rental charges for special equipment which must
be moved to the job site, because of the nature of the work, shall not exceed the appli-
cable monthly, weekly or daily rates including transportation charges.
4. Taxes and Insurance: The charges for payroll taxes; bond premiums; workmen's com-
pensation, public liability, property damage, special hazard, social security and other
insurance premiums.
5: Fee: The contractor will be paid the actual costs listed above plus an allowance of
fifteen (15) percent thereof if the work is performed by the contractor's or the sub-
contractor's forces. This fee is considered as full compensation for the contractor's or
the subcontractor's general superintendent, office expense, overhead and profit.
(c) The hours and rates of labor and equipment and costs of materials used each day shall be
submitted to the Engineer in a satisfactory form on the succeeding day, and shall be
approved by him or adjusted at once.
(d) Monthly payments are to be handled in the same manner as regular progress payments.
•
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For Use When Contract Is On A "Lump Sum" Basis •
ARTICLE IV-A—Payment
(a) The Contract Sum.
1. Except for adjustment as provided herein, the Owner shall pay to the Contractor, for
the performance of the work. the lump sum of $ 9.512.00 which amount shall be
known as the Contract Sum.
2. The Contract Sum shall be equitably adjusted to cover changes in the work ordered by •
the Engineer. lout not shown on the Drawings or required by Ihe Specifications. Such
increases or decreases in the Contract Sum shall be determined by agreement between
the Owner. or the Engineer, as his representative. and the Contractor. If the parties are
unable to agree in advance upon a fixed amount, the work so ordered may be done
under the provisions of Article III.
(b) progress Payments. The Owner shall make payments on account of the Contract as follows:
1. On not later than the_15th_ day of every month, the Contractor shall present to the
Owner or his authorized representative an invoice I covering the percentage as determined
by the Engineer of the total amount of the Contract which has been completed from
the start of the job up to and including the last day of the preceding month, together
with such supporting evidence as may be required. This invoice shall also include the
cost of such materials required in the permanent work as has been delivered to the site
but not as vet incorporated in the work.* Where provision is made for payment for
materials delivered to the site, or elsewhere, evidence that the Contractor has paid
suppliers is required.
2. On not later than the day of the month, the Owner shall, after deducting previous •
payments made. pay to the Contractor 90 percent of the amount of the approved invoice.
The 10 percent retained percentage may be held by the Owner until the value of the
total work completed at the end of any month equals 50 percent of the total amount of
the Contract. after which if the Engineer finds that satisfactory progress is being made,
he shall recommend that all of the remaining monthly payments be paid in full and •
they shall become so payable. Payments for work, tinder Subcontracts of the general
Contractor. shall he subject to the above conditions applying to the general Contract
after the work tinder a Subcontract has been 50 percent completed.
3. Final payment of all moneys due shall be made within _30 days of the completion
• and acceptance of the work or in accordance with local law.
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•In addition to payment for materials delivered to the site, wording should indicate that, where applicable. payment may PO
be in order for materials in approved storage areas away from the site, for field plant and equipment, access roads, etc.—
details to be spelled out in the Special Conditions.
9
IN WITNESS WHEREOF the parties hereto have executed this Agreement, the day and
year first above written.
Weld County, OWNER
WITNESS: %Mil , .,,, ,,_ _ fatid
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Title
Herdman Electric ComnanycoNTRACTOR
WITNESS:
By: , C lJV
Title
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