City Council Agenda and Packet 2017 12 05

Home Browse Search

AGREEMENT THIS AGREEMENT is made and entered into this day of in the year 2017 by and between: CITY OF LOUISVILLE, COLORADO (hereinafter called OWNER) and Glacier Construction Company (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter 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: PROJECT: HOWARD BERRY WATER TREATMENT PLANT IMPROVEMENTS PROJECT NUMBERS: 501499-640116, 501498-660234, 501498-660221 ARTICLE 2. CONTRACT TIMES 2.1 The Contractor shall complete all of the improvements work required to operate the plant manually ("substantial completion") within 85 days or by March 15, 2018, whichever date is later; and the project shall be completely finished within 115 calendar days, or April 15, 2018. 2.2 LIQUIDATED DAMAGES. The OWNER and the CONTRACTOR agree and recognize that time is of the essence in this contract and that the OWNER will suffer financial loss if the Work is not substantially complete by the dates specified in paragraph 2.1 above, plus any extensions thereof allowed in accordance with the Article 12 of the General Conditions. OWNER and CONTRACTOR also agree that such damages are uncertain in amount and difficult to measure accurately. Accordingly, the OWNER and CONTRACTOR agree that as liquidated damages, and not as a penalty, for delay in performance the CONTRACTOR for "substantial completion" work shall pay the OWNER FIVE THOUSAND DOLLARS ($5000) for each and every Calendar Day and portion thereof that expires after the time specified above for completion of the Work until the same is substantially complete. In addition, the Contractor shall pay to the Owner the amount of FIVE HUNDRED DOLLARS ($500) for each and every calendar day that expires after the time specified above for Final Completion of the work. The liquidated damages herein specified shall only apply to the CONTRACTOR's delay in performance, and shall not include litigation or attorneys' fees incurred by the OWNER, or other incidental or consequential damages suffered by the OWNER due to the CONTRACTOR's performance. If the OWNER charges liquidated damages to the CONTRACTOR, this shall not preclude the OWNER from commencing an action against the CONTRACTOR for other actual harm resulting from the CONTRACTOR's performance, which is not due to the CONTRACTOR's delay in performance. 27 HBWTP Improvements 40