Resolution 2025-43 - Water Main Replacement and Backwater Valve Projects Contractor Agreement

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Agreement THIS AGREEMENT is made and entered into this 3rd day of June in the year 2025 by and between: CITY OF LOUISVILLE, COLORADO (hereinafter called OWNER) and Brannan 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: 2025 WATER MAIN REPLACEMENT PROJECT AND SANITARY SEWER BACKWATER PREVENTER VALVE PROJECT PROJECT NUMBER: 501498-660181 Article 2. Contract Times 2.1. The CONTRACTOR shall substantially complete all work within 102 Contract Days from the date when the Contract Time commences to run as identified in the Notice to Proceed. The Work shall be completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions. 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 Toss if the Work is not substantially complete by the date 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 shall pay the OWNER ONE THOUSAND DOLLARS ($1,000) for each and every Contract Day and portion thereof that expires after the time specified above for substantial completion of the Work until the same is finally complete and ready for final payment. 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. 36 2025 WATER MAIN REPLACEMENT PROJECT & SANITARY SEWER BACKWATER PREVENTER VALVE PROJECT Agreement