CONSTRUCTION CONTRACT
THIS AGREEMENT is made and entered into this ____ day of________, 20XX, by and
between the COUNTY OF MONTROSE, Colorado, by and through its Board of County
Commissioners (hereinafter called "Owner" or "County"), and ________________,
(hereinafter called "Contractor"), for the Construction Project known as:
The Owner's Representative (OR) is _____________________________.
The Owner and Contractor agree as follows:
ARTICLE 1
THE WORK:
The Contractor shall complete all the work on the _________________________ as
specified in the Scope of Work included and also contained in the RFP attached hereto
and incorporated herein. The Work is generally described as
____________________________.
ARTICLE 2
TIME OF COMMENCEMENT AND COMPLETION:
2.1 The Work to be performed under this Contract shall be commenced upon receipt
of a Notice to Proceed and completed by ______________. Start date is
anticipated to be on or about ________________.
2.2 Except as otherwise required for the safety or protection of persons or the Work
or property at the Work Site or adjacent thereto, all Work at the Site shall be
performed between the hours of 7 AM and 5:30 PM, Monday through Friday,
unless otherwise provided in writing by Owner or OR, such consent not to be
unreasonably withheld.
ARTICLE 3
CONTRACT AMOUNT AND BASIS:
The Owner shall pay the Contractor the amount of $_____________________ for the
satisfactory performance of the Work, subject to additions and deductions by Change
Order as provided in the General Conditions, the following:
The unit price set forth on the Bid Schedule shall be the basis for the contract
price. Payment at the unit price will be based on actual measured quantities in
the Work, or planned quantities as stipulated in the Project Special Provisions,
except where the unit is a lump sum, in which case payment will be based upon
the lump sum price as stated.
The Owner states, pursuant to C.R.S. 24-91-103.6(2)(a), that the amount of money
appropriated for this Contract is equal to or in excess of the contract amount set forth in
this Contract.
Pursuant to C.R.S. 24-91-103.6(2)(b), the Owner shall not issue any change order or
other directive requiring additional compensable work to be performed under this
Contract, which work causes the aggregate amount payable under the contract to
exceed the appropriated amount for the original contract, unless the Contractor is given
written assurance by the Owner that lawful appropriations to cover the costs of the
additional work have been made or unless such work is covered under a remedy-
granting provision in the Contract.
ARTICLE 4
PROGRESS PAYMENTS:
Based upon Applications for Payment submitted to the OR by the Contractor and
Certificates for Payment issued by the OR to the Owner, the Owner shall make
progress payments to the Contractor as follows:
Monthly progress payment requests shall be remitted within thirty (30)
days of issuance of Certificates for Payment by the OR to the Owner.
Ten percent (10%) of each amount certified for payment shall be retained by the Owner
until final payment.
(note CRS 24-91-103 requires retainage for public improvement projects in excess
of $150,000)
ARTICLE 5
FINAL PAYMENT:
After completion of the Work, provided the Contract be then fully performed, subject to
the provisions of Article 16 herein, the Owner shall publish a Notice of Final Settlement
twice at least 10 days prior to the date of Final Settlement. The Owner shall withhold
from final payments any amounts as required pursuant to C.R.S. § 38-26-107.
ARTICLE 6
CONTRACT DOCUMENTS:
6.1 The Contract Documents include:
• Construction Contract
• Project Special Provisions, if applicable
• Blueprints provided by Owner/OR and any applicable Drawings
• Addenda, if applicable
• Change Orders, if applicable
