2021-02-23_PERMIT FILE - M2021014 (3)

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LJVI,UJIYI IF-[I VCIUFJC ILJ.UUULJ I LJ0r-lJL0C-14L I U-HJLIU-LJDDr/1J00VC/1l, in Article 2 - Definitions), which are in the aggregate within the Fixed Limit of Construction Cost as established by the Principal Representative; WHEREAS, the Design Consultant for the project is CDOT Region 4, 10601 W. 101h Street, Greeley, CO 80634 WHEREAS, the Contractor acknowledges the statutory authority and responsibility of the Principal Representative within the State of Colorado; WHEREAS, the Contractor warrants that it possesses the legal authority to enter into this Contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Contract and to bind the Contractor to its terms. The person(s) executing this Contract on behalf of the Contractor warrant(s) that such person(s) have full authorization to execute this Contract; WHEREAS, the Contractor was selected after a determination that its proposal was the most advantageous to the Principal Representative pursuant to a request for proposal issued on August 20, 2020, Addendum 1 issued on August 25, 2020, and Addendum 2 issued on August 27, 2020, and notified of award in writing on October 22, 2020; WHEREAS, the Contractor and the Principal Representative have negotiated the terms of this Agreement pursuant to Section 24-93-104, C.R.S. as amended. NOW, THEREFORE, the Principal Representative and the Contractor for the consideration hereinafter set forth, agree that the above paragraphs "Parties", "Effective Date and Notice of Nonliability" and "Recitals" are incorporated in this Agreement for all purposes, and agree as follows: ARTICLE 1. THE WORK 1.1 The Principal Representative intends to design and construct the Project. This Agreement is for CM/GC Services only during the Preconstruction Phase with an option to negotiate CAPs for the construction phase of the repair. 1.2 In the performance of the Work under this Agreement, the Contractor acknowledges that time is critical for Project delivery and that portions of the Work could have their design completed as separate Bid Packages and under construction before other portions of the Work are fully designed. It is further recognized that this accelerated approach to construction utilizing the services of a Design Consultant and Contractor is a unique concept and that its utilization requires maximum cooperation between all parties. It is also recognized that the Work to be performed by the Contractor and the inter-relationships and coordinative aspects thereof are in the developmental state and not fully defined. In furtherance thereof, if there appears to be a duplication, overlap or conflict of the responsibilities of or duties between the Design Consultant and Contractor or an absence of designation, the question shall be submitted to the Principal Representative for determination. The Contractor shall abide by the decision of the Principal Representative provided it does not require the performance of Work beyond what was reasonably contemplated and accepted by the Contractor as its responsibility. In the performance of the Work, the Contractor agrees that its "key individuals" in its response to the "listed personnel in the Project Management Team" in "Contractor's Proposal" which is part of the Proposal (collectively, the "Key Personnel"), constitutes an agreement by the Contractor to make such Key Personnel available to complete the Work on the Contract at whatever level the Project requires. Modifications to the Contractor's Key Personnel and other personnel listed in the Proposal, Contractor's Proposal are discouraged and will not be approved without justification. Examples of justification include death of a team member, changes in employment Page 2 of 75