HomeMy WebLinkAboutC09-402 Colorado River Road Bridge
PRECONSTRUCTION AND CONSTRUCTION AGREEMENT FOR
THE COLORADO RIVER ROAD BRIDGE
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THIS AGREEMENT is made this ~- day of ~,~~L{ l i~.)L{ ~ , 2009, by and between Eagle
County, Colorado, acting by and through its Board of County Commissioners ("County")
and G. A. Western Construction Co., a company organized and existing by virtue of the laws
of the State of Colorado (hereinafter referred to as "GA Western").
WHEREAS, the County intends to design and construct the replacement of Bridge Structure No.
EAG-301-08.2 over the Colorado River located approximately 8 miles north of Doterso,
Colorado on County Road 301.
WHEREAS, the Engineer for the Project is Lonco Engineering, Inc., ("Engineer"); and
WHEREAS, the County seeks professional preconstruction services to facilitate and assist with
the cost assessment and estimated scheduling of the Work and final construction services to
complete the Work as designed; and
WHEREAS, GAWestern represents to the County that it is authorized to do business in the
state of Colorado, and that it has, by virtue of its capabilities of budgeting, cost
estimating, management, and personnel, the required technical and professional expertise to
perform the scope of Work set forth in Section 2 hereunder.
NOW THEREFORE, the County and Contractor, for the consideration hereinafter set forth,
agree as follows:
1. Definitions
1.1. "Agreement" or "Contract" means this written agreement.
1. 2. "Engineer" means Lonco Engineering, Inc., or such other professional Engineer, or
group or association or professional corporation of such approved professional engineers and
consultants, who have contracted with the County to accomplish the engineering services
necessary to the Work.
1.3. "Change Order" means a written order to the CM/GC signed by the Board of County
Commissioners or the Project Manager and the CM/GC, issued after the execution of this
Agreement and the Notice to Proceed, authorizing a change in the Work, the method or
manner of performance, or an adjustment in the Guaranteed Maximum Price, Construction
Services, or the Time of Performance.
1.4. "CM/GC" means Construction Manager/General Contractor. CM/GC shall be
GAWestern if a Notice to Proceed is given GAWestern as set forth in Section 2.2 below and in
such event, references to CM/GC shall also refer to GAWestern.
1.5. "Colorado Labor" means as provided in C.R.S. §8-17-101 et seq. as amended.
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1.6. "Completion Date" means the date that the Engineer and Project Manager have
certified that the Construction Services is completed in accordance with the Contract Documents
and have issued a written notice to the CM/GC of such completion (the "Completion
Certificate").
1.7. "Construction Documents" means the Drawings, stamped by the Engineer, that set forth
in detail requirements for the construction of the Work.
1.8. "Contingency" or "Force Account" means the set percentage of the GMP budgeted for
unforeseen emergencies or design shortfalls identified after the Notice to Proceed.
1.9. "Contract Documents" means those documents set forth in Article 12.
1.10. "Day" means calendar day unless specifically designated otherwise
1.11. "Drawings" means all drawings and specifications reviewed and accepted by the County
which have been prepared by the Engineer showing the Construction Services to be done.
1.12. "Guaranteed Maximum Price" and "GMP" mean that maximum amount for which the
Work shall be accomplished and which also shall be the "Contract Price," as such term is used in
this Agreement, to be paid to the GM/GC in accordance with the terms of this Agreement.
1.13. "Notice to Proceed" means written notice from the Project Manager to the CM/GC with
direction to commence the Construction Services (Section 2.3), subject to the conditions of this
Agreement.
1.14. The "Project" means the total design and construction of which the Work performed under
the Contract Documents is a part, and may include construction by the County or by separate
contractors.
1.15. "Project Manager" means the individual appointed by the County to act as the County's
representative.
1.16. "Subcontractor" means a person, firm, corporation, or other entity supplying labor and
materials, or only labor, for the Work, under separate contact or agreement with the CM/GC or any
other subcontractor.
1.17. "Supplier" means any manufacturer, fabricator, distributor, material-man or vendor with
respect to the Work.
1.18. "Value Engineering" means the technical review and analysis of systems and materials
being considered in the design to produce the greatest value for the least cost, the object of
which is to achieve the optimum value for each construction dollar spent in an effort to
keep the fiscal constraints set forth throughout the Contract Documents.
1.19. "Work" means the Preconstruction Services set forth in Section 2.1 below and, if GA
Western is selected as the CM/CG, the Construction Services set forth in Section 2.3 and all other
services required by the Contract Documents, including all other labor, materials, equipment and
services provided or to be provided by the CM/GC to fulfill GA Western obligations. The Work
may constitute the whole or a part of the Project.
2. Work:
2.1. Preconstruction Services:
GAWestern has undertaken to perform those Preconstruction Services more fully described in
Eagle County's Request for Proposal and Qualifications, Preconstruction Services for the
Colorado River Road Bridge, (the "Preconstruction Services"). The Preconstruction Services
are more particularly set forth and further described as the follows:
A. GAWestern has consulted with, advised, assisted and made recommendations to
the County and Engineer on all aspects of planning for the Work, including review of
plans, cost estimates and schedules.
B. GAWestern has designated a competent representative ("Preconstruction
Representative") satisfactory to the Eagle County Project Manager, to attend scheduled
meetings, which shall continue throughout the Preconstruction Services phase of this
Agreement, as requested with the Engineer and/or County to advise and
discuss the Preconstruction Services progress and respond to questions regarding
the Project. Vern Brock has been and shall be the Preconstruction Representative for
GAWestern. The Preconstruction Representative shall not be changed except with the
consent of the Eagle County Project Manager, which consent shall not be unreasonably
withheld.GAWestern has and will assist the Engineer and County at any point in the Pre-
construction Services process to provide cost analysis comparisons of various materials,
products, or design options.
C. GAWestern has and will provide Value Engineering services through technical
review and analysis of alternative designs, systems, and materials being considered
in the design to produce the greatest value for the least cost. GAWestern has and
will provide cost estimates of the alternatives and evaluate the alternatives on the
basis of costs, time schedules, availability of labor and materials, construction
feasibility, warranties provided by Suppliers and projected life expectancy, it being
understood that no warranty express or implied is provided or intended with any
estimated and projected life expectancy .
D. GAWestern has made budget estimates based on the 50°Io Construction
Documents. GAWestern will review and refine subsequent estimates with quantity take-
off cost estimates in increasing detail as the development of the Construction
Documents proceed, and will advise the County and the Engineer if it appears that the
targets for the Work budget and/or completion will not be met.
E. GAWestern will provide Subcontractor prequalification and solicit Subcontractor
pricing with the final Construction Documents which shall be provided to GAWestern
with a written notice advising that such are the final Construction Documents stamped
by the Engineer. GAWestern will then compile hard bid subcontractor pricing, plus any
other estimates and projections, for a comprehensive final cost estimate which shall be
presented to County as a Guaranteed Maximum Price. GAWestern will present the GMP,
a detailed breakdown of the GMP ("budget") and construction schedule (together the
"GAWestern Construction Information") within 20 days of the notice and delivery of the
final Construction Documents. The GMP, budget, construction schedule and
Construction Documents must be approved by the Eagle County Project Manager and
the County before the Construction Services may commence upon the Eagle County
Project Manager's issuance of a Notice to Proceed with Construction Services.
F. GA Western will review Construction Documents with the Engineer for
suggestions as to accuracy and completeness and in an effort to eliminate areas of conflict
and overlap in the work to be performed by the various Subcontractors, provided
however that the final Construction Documents shall be the sole responsibility of the
Engineer, except for those areas of conflict that should have been discovered by a
reasonably prudent contractor.
G. GAWestern will assist the Engineer in making recommendations of sequencing
based on the Project parameters for determining the most cost effective construction
sequence. GAWestern will provide a preliminary Bar Chart schedule for the
completion of the Preconstruction Services, procurement of long lead items and
Completion Date of Construction Services, and provide comment and insight for further
schedule refinement.
H. GAWestern will maintain an "Open Book" with the County and agrees to provide
copies of all data, bids, estimates, takeoffs, and any other supporting documentation
generated for pricing, products, materials, and schedule analysis. Some forms, formats
and procedures may be construed as proprietary and copyrighted material. Although
available for review by County, said materials such as estimating and project
management information written, developed and implemented by Contractor shall not
become public information
I. Contractor will assist County in obtaining Building Permits if requested.
2.2. Issuance of Notice to Proceed with Construction Services:
A. On or before thirty (30) days from the time of submission to the County of the
GAWestern Construction Information the County shall either provide GAWestern with
a Notice to Proceed with Construction Services as the Construction Manager/General
Contractor ("CM/GC") or provide a notice to GAWestern of the County's decision not to
proceed as set forth in paragraph 2.2 B below. Any modifications to this Agreement shall
be recorded in writing as an addendum.
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B. County, in its sole discretion, may decide not to proceed with the Project or with
GAWestern as the CM/GC, or County may decide not to issue a Notice to Proceed with
Construction Services to Contractor for any reason or no reason at all. If no notice of
any kind is provided to GAWestern by the County within thirty days of the submission
to the County of the GAWestern Construction Informatoin, it shall be the same as a
decision by the County not to issue a Notice to Proceed, effective as of the thirty-first
(31s`) day following the submission of the GAWestern Construction Information to the
County. In the event County does not proceed with the Project or does not select
GAWestern as the CM/GC this Agreement shall terminate and the parties shall have no
further obligation of any kind to each other.
C. Upon receipt of a Notice to Proceed with Construction Services, if timely
presented as set forth above, CM/GC shall proceed with the Construction Services as
set forth in the Construction Documents produced by the Engineer that have been pre-
approved by the Eagle County Project Manager; establish procedures for coordination
between the Engineer and CM/GC's subcontractors with respect to all aspects of the
Construction Services and implement such procedures; and supervise and direct the work
of its Subcontractors and coordinate the Construction Services with the County's
objectives as set forth in this Agreement.
2.3. Construction Services
In the event County issues to GA Western a Notice to Proceed with Construction Services, the
work and services to be provided shall be the following (at all places in this Agreement, the
"Construction Services"):
A. CM/GC shall furnish labor and materials (1) which complete the Construction
Services as set forth in the Contract Documents; and (2) in accordance with the
standards currently practiced by persons and entities performing comparable labor and
services on projects similar in size, complexity and cost in the State of Colorado.
B. Supervision: CM/GC shall supervise and direct the Construction Services, and
shall be solely responsible for all construction means, methods, techniques, sequences,
and procedures and shall coordinate all portions of the Work under this Agreement.
CM/GC shall be responsible to County for the acts and omissions of Contractor's
subcontractors, agents, employees and any other persons performing any of the Work or
furnishing materials under a contract with CM/GC but only to the extent of fault
attributable to such employees, agents and persons under contract with CM/GC.
C. Meeting Attendance: Meet regularly with the Engineer and Eagle County Project
Manager to discuss progress, present material and information and respond to questions
regarding the Construction Services. CM/GC will be responsible for submitting to the
Eagle County Project Manager, within five days, the minutes of all meetings during the
Construction Services. Schedule and conduct weekly progress meetings at which
Subcontractors, Engineer, the Eagle County Project Manager, and CM/GC can discuss
jointly such matters as progress, problems and scheduling. Provide a detailed schedule
for the operation of CM/GC and Subcontractors, including realistic activity sequences
and durations, allocation of labor and materials, processing of shop drawings and
samples and delivery of products requiring long lead-time procurement.
D. Schedule: See the provisions of paragraph 2.1E incorporated herein.
E. Project Construction Budget: Review the GMP and advise the Eagle County
Project Manager if it appears that the GMP will not be met and make recommendations
for corrective action. CM/GC shall develop and monitor an effective system of
Construction Services cost control; incorporated approved changes as they occur;
develop cash flow reports and forecasts as required; identify any variance between
actual and budgeted costs within Construction Services; advise Engineer and Eagle
County Project Manager whenever projected costs are expected to vary from the
Guaranteed Maximum Price, and continually monitor the cost estimates to assure that the
Construction Services remains within the Guaranteed Maximum Price.
F. Coordination of Construction Documents: Review the Construction Documents
and recommend alternative solutions whenever design details affect construction
feasibility or schedules.
G. Construction Document Review: Review Construction Documents with the
Engineer and the Eagle County Project Manager so as to eliminate areas of conflict and
for coordination, accuracy and completeness of the Construction Documents.
H. Labor: Arrange and provide all labor necessary to accomplish and complete the
Construction Services and analyze the types, quantity and availability of appropriate
categories of labor required for various phases of the Construction Services.
I. Project Control: Monitor the work of the Subcontractors and coordinate the work
with the activities and responsibilities of the Eagle County Project Manager and the
Engineer to complete the Construction Services in accordance with the Construction
Documents.
J. Organization: Establish on-site organization and lines of authority in order to
carry out the overall plans of the Construction Documents.
K. Communication: Establish procedures for coordination among the Eagle County
Project Manager, the Engineer, Subcontractors and CM/GC with respect to all aspects
of the Construction Services and implement such procedures.
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L. Monitoring: Provide regular monitoring of the schedule as construction
progresses. Identify potential variances with the scheduled Completion Date. Review
schedule for Construction Services not started or incomplete and recommend to the Eagle
County Project Manager and the Engineer adjustments in the schedule to meet the
Completion Date. Provide summary reports of each monitoring and document all changes
in schedule. Determine the adequacy of the Subcontractors' personnel and equipment
and the availability of materials and supplies to meet the schedule.
M. Cost Control: Develop and monitor an effective system of project cost control,
showing actual costs for activities in progress and estimates for uncompleted tasks.
Incorporate approved changes as they occur.
N. Permits and Fees: CM/GC shall secure any required dewatering permit. Eagle
County shall obtain all other required permits at its expense.
O. Staffing: CM/GC shall keep on the Project at all times, during its progress,
Dale Stryker, as project superintendent ("Superintendent"), and any necessary assistants,
including Project Manager, Joseph Kelly, all satisfactory to the Eagle County Project
Manager, to coordinate and provide general direction of the work and progress of the
Subcontractors on the Project. CM/GC's Superintendent or Project Manager shall not be
changed except with the consent of Eagle County's Project Manager, such consent to
not be unreasonably withheld. CM/GC's Superintendent and Project Manager shall
represent CM/GC and all direction given to them shall be as binding as if given to
CM/GC.
P. CM/GC shall provide full-time, qualified and efficient supervision of the Work,
using their best skill and attention. CM/GC shall carefully study and compare all
drawings, specifications and other instructions and shall report to the Eagle County Project
Manager, and immediately take such action as is within its control to correct any error,
inconsistency or omission which it may discover. CM/GC shall inspect the work of the
Subcontractors at all stages and at final completion and shall guard Eagle County against
defects and deficiencies in such work. CM/GC shall be responsible to Eagle County for
the acts and omissions of all CM/GC's employees and agents and all other persons
performing any of the work under a contract, for which CM/GC has supervisory or
inspection responsibility hereunder but only to the extent of fault attributable to such
employees, agents and persons under contract with CM/GC.
Q. Safety: CM/GC shall be responsible for the safety of persons and property and for
compliance with all federal, state and local statutes, rules, regulations and orders
applicable to the conduct of CM/GC's portion of the Construction Services.
R. Shop Drawings and Samples: In collaboration with the Engineer, establish and
implement procedures for expediting the processing and approval of shop drawings and
samples.
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S. Reports and Project Site Documents: Record the daily progress of the Construction
Services in a daily log available to the County and the Eagle County Project Manager.
Submit on a monthly basis written progress reports and summaries of meetings to the
Eagle County Project Manager, including information on the Subcontractors' work, the
actual cost vs. budgeted cost, actual construction point vs. projected schedule point,
reasons for any discrepancies, the percentage of completion and the corrective actions
to obtain compliance with time and cost schedules.
T. Record Maintenance: Maintain at the Project site, on a current basis, records of
all necessary contracts, shop drawings, samples, purchases, materials, equipment,
maintenance and operating manuals and instructions and any other documents and
revisions thereto which arise out of this Agreement or the Construction Services.
3. Time of Performance:
3.1 CM/GC has completed the Preconstruction Services as of the date of the full
execution of this Agreement by both parties.
3.2. CM/GC agrees that Construction Services shall commence upon ten (10) days of
County's issuance of a Notice to Proceed with Construction Services and all Construction
Services shall be substantially completed in accordance with the construction schedule
approved by the Project Manager.
4. Liquidated Damages
4.1. Eagle County and CM/GC recognize that time is of the essence of this agreement and
that County expects the Project to be substantially complete in accordance with the construction
schedule approved by the Project Manager. They also recognize the delays, expense, and
difficulties involved in proving a legal or arbitration preceding the actual loss suffered by Eagle
County if the Construction Services are not substantially complete in accordance with the
approved schedule. Accordingly, instead of requiring such proof, Eagle County and CM/GC
agree that as liquidated damages (but not as a penalty) for delay beyond the Time of
Performance as set forth in paragraph 3.2, CM/GC shall pay County Two hundred dollars
($200.00) for each day that expires after the expiration of the Time of Performance as set forth
in paragraph 3.2.
4.2. If CM/GC believes that a contract extension should be granted due to delays caused by
events beyond the reasonable control of the CM/GC, it may request a contract extension in
writing from the Eagle County Project Manager. Eagle County shall thereon grant an extension
equal, in Eagle County's reasonable opinion, in duration to the delay, if any, that was caused by
events beyond the reasonable control of the CM/GC. Such events include, but are not limited to,
acts of God, weather conditions, fire, third party strikes, third party lock-outs, and other
labor disruptions, material shortages, riots, and acts of war or the actions of the County or
Subcontractors. For purposes of weather delays, excusable, inclement weather is excessive
snowfall, excessive rainfall, excessive freezing temperatures or excessive wind conditions, the
degree or duration of which varies in excess of the average conditions expected, which is unusual
for the particular time and place where the work is to be performed, or which could not have
been reasonably anticipated by Contractor.
4.3. The completion dates as set forth in Paragraphs 4.1 and 4.2 above include a reasonable
time for the reviews and approvals required by this agreement. Should CM/GC be
unreasonably delayed by the failure of any person or entity to provide review or approval within
such reasonable time, CM/GC shall be entitled to an appropriate extension of time after a written
request for such extension has been submitted to and approved by the Eagle County Project
Manager in writing. No time extension will be granted unless a determination is made by Eagle
County, in its discretion that good cause exists for such extension, which shall not be
unreasonably withheld.
4.4 All time extensions shall be made pursuant to Paragraph 7 of the General Conditions
5. Compensation and Payment:
5.1. County has established a cost not to be exceeded for the entire scope of Work, including
Preconstruction Services and Construction Services, including contingencies, based on
consultation with the Engineer and GA Western ("Guaranteed Maximum Price" or "GMP").
The funds appropriated for this Work are equal to or in excess of the Guaranteed Maximum
Price.
5.2. County shall pay GAWestern an amount not to exceed thirty-five thousand nine
hundred fifty ($35,950.00) for Preconstruction Services described in Paragraph 2.1, subject to
Paragraph 5.4 hereunder.
5.3. Additional Preconstruction Services, if requested by the County and approved in writing
in advance of performance, that are determined by the County and GAWestern not to be similar
in nature as described in Paragraph 2.1 through Paragraph 2.3 shall be paid to GAWestern
based on the CM/GC Fee & Schedule Proposal Form, Colorado River Road Bridge, attached
hereto as Exhibit "A," and incorporated herein by this reference.
5.4. Seven Thousand Eight Hundred and no/100 Dollars ($7,800.00) of the total
compensation for the Preconstruction Services hereunder will be reimbursed to the County in
the event that GAWestern is selected as the CM/GC for the Project and issued a Notice to Proceed.
In such event, the portion of the compensation for Preconstruction Services reimbursed shall be
considered a part of Contractor's Contractor Fee for the Project and such amount ($7,800.00)
shall be reimbursed to County in the form of an offset to future Contractor Fees that may become
due and owing GAWestern. Notwithstanding the foregoing, neither party represents that the
Project will be constructed or that GAWestern will be the CM/GC in the event the Project is
constructed. It is agreed that in the event GA Western is selected for Construction Services the
Contractor's Fee will be established at $362,210.00 (Three hundred sixty-two thousand two
hundred ten dollars) ,inclusive of the Preconstruction Services compensation and exclusive of
Contingency, bonds and insurance for the Work.
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5.4.1. Contractor's Fee shall include all overhead and profit. Overhead shall
include Contractor's off site costs, including, but not limited to, those for scheduling,
estimating and support of the Construction Services. This amount is to include the Cost
for key personnel and other off site office staff. Profit means before tax profit. On-site
costs of construction will be considered a part of the costs of the Construction Services
and these costs are not to be included in the fee. Costs to be included in the
Contractor's Fee shall include:
A. Salaries and other compensation of the CM/GC's personnel stationed at
the CM/GC's principal office or offices other than the site office.
B. Expenses of the CM/GC's principal office and offices other than the site
office;
C. Overhead and general expenses;
D. The CM/GC's capital expenses;
E. Capital employed for the Work;
F. CM/GC profit.
5.4.2. Adjustments in Contractor's Fee shall be made as follows:
A. If, after the initial GMP is accepted by County and Eagle County's
Project Manager directs additions to or other changes that increase the
scope of Work, the Contractor's Fee shall be fifteen percent (15°Io)
excluding bonds and insurance for the additional Work.
5.5 The Contractor's Fee will be based on the GMP and will not be subject to reduction if
the Guaranteed Maximum Price can be reduced through the efforts of Contractor via
procurement efforts or other cost saving construction methods.
5.6. The GMP shall include all of the CM/GC's obligations to be performed pursuant to the
terms of the Contract Documents and include actual fees and costs as outlined below:
A. "Preconstruction Fee," "CM/GC Basic Fee," "General Conditions," and "Direct
Cost of Work" in CM/GC Fee Structure, Colorado River Road Bridge, attached
hereto as Exhibit "B," and incorporated herein by this reference.
B. All items described in GA Western CM/GC Fee & Schedule Proposal Form,
dated April 28, 2009, attached hereto as Exhibit "A," and incorporated
herein by this reference.
C. All Preconstruction Services, Construction Services and Contractor Fees
shall include
Actual wages paid for labor in the direct employ of GAWestern
in the performance of the Work under applicable collective bargaining
agreements, or under a salary or wage agreed upon by Eagle County's
Project Manager and CM/GC and including other benefits, if any, as may
be payable with respect thereto. If these wages are under applicable
collective bargaining agreements the termination date of such agreements
must be included.
2. Actual salaries of CM/GC's employees wherever stationed and in
whatever capacity employed.
3. Actual cost of pension contributions, hospitalization, vacations,
medical insurance, assessments or taxes for such items as
unemployment compensation and social security, insofar as such
cost is based on wages, salaries or other remuneration paid to
employees of CM/GC and included in the cost of the Work.
4. The reasonable transportation, traveling and hotel expenses of CM/GC
or of its officers or employees incurred in discharge of duties
connected with the Work.
5. Actual cost of all materials, supplies and equipment incorporated in the
Work, including costs of transportation thereof. Also includes any
material in excess of those actually installed but required to provide
reasonable allowance for waste and spoilage.
6. Actual payment made by CM/GC to Subcontractors for work
performed pursuant to contract under this Agreement. Actual cost,
including transportation and maintenance, of all materials, supplies,
equipment, temporary Project Management and hand tools not owned by
the workmen, which are employed or consumed in performance of the
Work and costs less salvage value on such items used but not
consumed which remain property of CM/GC.
7. Actual rental charge of all necessary machinery and equipment,
exclusive of hand tools, used at the site of the Work, whether rented
from CM/GC or other, including installation, repairs and replacement,
dismantling, removal, costs of lubrication, transportation and delivery
costs thereof, at rental charges consistent with those prevailing in the
area.
8. Cost of the premiums for all bonds and insurance which are required
by the Contract Documents.
9. Minor expenses such as telegrams, long distance telephone calls,
telephone service at the site, expressive and similar petty cash items in
connection with the Work.
10. Cost of removal of all debris.
11. Cost incurred due to an emergency affecting the safety of person and
property, to the extent not compensated by insurance or otherwise.
12. Other costs incurred in the performance of the Work if and to the
extent approved in advance in writing by the Eagle County Project
Manager.
l3. All costs directly incurred in the performance of the Work and not
included in the Contractor's Fee.
14. Cost of construction support activities such as Work items included in
the condition of the contract and in the specifications unless they are
provided by contractors.
15. Indirect costs (General Conditions).
16. Contractor's Fee, as set forth in Exhibit "C."
17. Two (2) sets of as-built drawings.
5.6.1. The GMP includes General Conditions/General Requirements. Contractor
will submit for review and acceptance by County an itemized breakdown
of the General Conditions/General Requirements costs for the Construction
Services.
5.6.2. Any project savings, below the Guaranteed Maximum Price, resulting from
bidding of Subcontractors and other costs of the work shall accrue to the County.
5.7. The funds appropriated for the Work are equal to or in excess of the GMP.
Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made
to County nor shall any payment be made to GA Western in excess of the above amounts for any
work done without the written approval of the County in accordance with a budget adopted by
the Board of County Commissioners in accordance with the provisions of the Colorado Revised
Statutes.
5.8. Payment Procedure for Preconstruction Services. GAWestern has not received any
payment for the Preconstruction Services performed to the date of this Agreement.
Contemporaneously with the execution of this Agreement GAWestern shall be paid the sum of
$35,950.00 for Preconstruction Services performed by GAWestern, as such Preconstruction
Services are complete as of the date of this Agreement. Upon issuance of a Notice to Proceed by
the County, $7,800 will be reimbursed to the County as per Section 5.4 of this Agreement.
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5.8.1. Payment Procedure for Construction Services If GAWestern is selected as the CM/GC,
GAWestern shall submit applications for payment and back-up material (e.g. Subcontractor's
invoices, vender statements and receipts) as shall be reasonably required in accordance with the
General Conditions. Applications for payment must be provided on forms agreed to by the
County and the CM/GC in written or electronic form ("Application for Payment"). Each
Application for Payment shall indicate the percentage of completion of each portion of the
Construction Services as of the end of the period covered by the Application for Payment.
Applications for Payment will be processed as provided in the General Conditions.
5.8.2. Progress Payments: County shall make monthly progress payments to the
CM/GC on account of the Contract Price on the basis of each Application Payment, as
provided below. All progress payments will be on the basis of the progress of the
Construction Services. County shall have the right to request and inspect supporting
documentation for progress payments, including but not limited to receipts and invoices
evidencing payments of charges associated with the Construction Services.
Prior to Completion, progress payments will be in an amount equal to:
90% of the Construction Services completed and materials and equipment not
incorporated in the Construction Services but delivered and suitably stored until fifty
percent (50%) of the Construction Services is performed, after which no additional
retainage shall be withheld. Less in each case the aggregate of payments previously
made.
5.8.3 Final Payment: Upon final completion and acceptance in accordance with
Section 17 of this Agreement and Paragraphs 19 and 20 of the General Conditions, County
shall pay the remainder of the Contract Price. The final payment shall not be made until
after final settlement of this contract has been duly advertised at least ten days prior to
such final payment by publication of notice thereof at least twice in a public newspaper
of general circulation published in Eagle County, and the Board of County
Commissioners has held a public hearing, thereupon and complied with C.R.S. §38-26-
107. Final payment shall be made in accordance with the requirements of the aforesaid
statute.
5.9 County may withhold from any payments due to Contractor, to such extent as may be
necessary to protect the County from loss, because of defective work or material not remedied
or the failure of Contractor to carry out the Scope of Work in Accordance with this Agreement
as reasonably detemined by the County in consultation with the Engineer of Record.
5.10. CM/GC shall maintain comprehensive, complete and accurate records and accounts of
its performance relating to this Agreement for a period of three (3) years following
termination, which period shall be extended at County's reasonable request. County
shall have the right within such period to inspect such books, records and documents
upon demand, with reasonable notice and at a reasonable time.
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6. Independent Contractor:
It is expressly acknowledged and understood by the parties hereto that nothing contained in this
Agreement shall result in, or be construed as establishing, an employment relationship.
CM/GC shall be, and shall perform as, an independent contractor. No technician, agent,
subcontractor, employee, or servant of CM/GC shall be, or shall be deemed to be, the
employee, agent or servant of County. CM/GC shall be solely and entirely responsible for its acts
and for the acts of its technicians, agents, employees, and servants during the performance of this
agreement. CM/GC shall not represent, act, purport to act or be deemed the agent, representative,
employee or servant of County.
7. No Assignment:
The parties to this Agreement recognize that in entering into this Agreement, County is relying
upon the resources, skill and reputation of CM/GC. Therefore, CM/GC may not assign its interest
in the Agreement, including the assignment of any rights or delegation of any obligations provided
therein, without the prior written consent of County, which consent County may withhold at
its sole discretion. Except as so provided, this Agreement shall be binding on and inure to the
benefit of the parties hereto, and their respective successors and assigns, and shall not be
deemed to be for the benefit of or enforceable by any third party. Unless specifically stated to
the contrary in any written consent to an assignment, no assignment will release or discharge the
assignor from any duty or responsibility under the Agreement.
8. Subcontracts:
8.1. All portions of the Work that CM/GC does not perform with its own forces shall be
performed under subcontracts by Subcontractors prequalified by CM/GC.
8.2. All subcontracts will be between CM/GC and the Subcontractors.
8.3. CM/GC shall be responsible to the County for the acts and omissions of its agents,
employees, suppliers, Subcontractors performing work under a contract with CM/GC but only to the
extent of fault attributable to such employees, agents and persons under contract with CM/GC
8.4. By an appropriate written agreement, CM/GC shall require the Subcontractor to the
extent of the Construction Services to be performed by the Subcontractor, to be bound to
CM/GC by the terms of the Contract Documents and to assume toward CM/GC all the obligation
and responsibility which CM/GC, by these Documents, assumes toward the County. Said
agreement shall preserve and protect the rights of the County under the Contract Documents
with respect to the Construction Services to be performed by the Subcontractor so that the
subcontracting thereof will not prejudice such rights. CM/GC shall require each Subcontractor to
enter into similar agreements with its subcontractors. CM/GC shall make available to each
proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound by this paragraph 8.6. Each Subcontractor
shall similarly make copies of such Documents to its subcontractors.
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8.5. Each Subcontract and material purchase order is hereby assigned to County by CM/GC
provided that (a) assignment is effective only after termination of the Contract by County for
cause and only for those subcontract agreements which County accepts by notifying the
Subcontractor and CM/GC in writing; and (b) assignment is subject to the prior rights of the
surety, if any, obligated under the bond relating to the Construction Services. Each subcontract
and material purchase order shall include this assignment.
8.6. Nothing contained in the Contract Documents shall be deemed to create any contractual
relationship between any Subcontractor of any tier and the County.
9. Insurance•
At all times during the term of this Agreement, CM/GC and its Subcontractors shall maintain
the following insurance:
9.1. Claims under Workmen's Compensations, disability benefits, and other similar employee
benefit acts, with coverage and in amounts as required by the laws of the State of Colorado.
9.2. General Liability Coverage in the minimum amount of $2,000,000 (Combined personal
injury/property damage limit) for coverage of claims for damage arising from the performance of
services under this Agreement, including but not limited to personal injury or death, property
damage, and other damages imposed by law upon CM/GC with respect to all work performed
by them, but not including builder's risk.
9.3. Comprehensive Automobile Insurance in the amounts as required by the laws of the State
of Colorado.
9.4.Certificates of Insurance acceptable to the County, evidencing the above required
amounts shall be filed with the County within ten (10) days from the execution of this
Agreement.
10. Indemnification:
CM/GC shall indemnify County for, and hold and defend County and its officials, boards,
officers, principals and employees, harmless from, all costs, claims and expenses, including
reasonable attorney's fees, arising from claims of any nature whatsoever made by any person in
connection with the performance of this Agreement to the extent such cost, claim and expense is
caused by the negligent or willful acts or omissions of CM/GC.
11. Contractor Representations:
11.1. Contractor expressly recognizes that this Project must be completed within the time and
fiscal constraints set forth throughout this Agreement.
IS
11.2. Contractor further represents to the County that, by executing this Agreement, it has
been informed of and has reviewed the goals of the Project; the design of the Engineer; the time
schedule as well as fiscal constraints of the Project; all of the Exhibits and documents attached to
this Agreement, and incorporated herein by reference; and, all of the services to be provided by
Contractor pursuant to the Contract Documents. Based upon this review and analysis, Contractor
represents to County that it will provide all of the necessary services and perform all of the Work
within the requirements of the Contract Documents.
11.3. Contractor shall perform the Scope of Work in a skillful, professional and competent
manner and in accordance with the standards of care, skill, and diligence applicable to other
contractors performing this type of work.
11.4. Contractor shall be responsible for the completeness and accuracy of the Work and shall
correct, at its sole expense, all errors and omissions therein. The fact that County has accepted or
approved the Work shall not relieve Contractor of any if its responsibilities under this
Agreement.
1.1.5 Contractor acknowledges it is Contractor's responsibility to review all design and
construction documents relating to constructability and potential conflicts. The purpose of this
review is to minimize change orders due to conflicts in the Construction Documents to the
greatest extent possible.
12. Contract Documents
The Contract Documents which comprise the entire Agreement are made a part hereof and
consist of the following:
12.1. This Agreement.
12.2. The General Conditions.
12.3 "Eagle County Facilities Management Department Colorado River Bridge Replacement"
Plans, Dated 8/31/09, attached hereto as Exhibit "A."
12.4 Technical Specifications for Eagle County Colorado River Bridge Replacement, Dated
9/1/09, attached hereto as Exhibit "B."
12.5. Exhibit "C": CM/GC Fee Structure, Colorado River Road Bridge.
12.6. Exhibit "D": CM/GC Fee & Schedule Proposal Form, Colorado River Road Bridge,
received 8/27/09.
12.7. Exhibit "E': Construction Schedule
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There are currently no Contract Documents other than those listed above in this Article 12. If
County accepts Contractor's proposed GMP, budget and schedule and thereby selects Contractor
as the CM/GC, the budget, schedule, and final plans and specifications will become part of the
Contract Documents. Thereafter, the Contract Documents may only be altered, amended, or
repealed by an executed, written amendment to this Agreement.
The intent of the Contract Documents is to include all items, components and services necessary
for the proper execution and completion of all the Work outlined in Section 2 of this Agreement.
The Contract Documents are complementary, and what is required by any one shall be as binding
as if required by all. Words and abbreviations which have well known technical or trade
meanings are used in the Contract Documents in accordance with such recognized meanings.
The Contract Documents are listed above in order of priority. If a conflict exists in the terms of
any of the Contract Documents, the document with a higher priority shall control.
13. Notices:
Any notice required under this Agreement shall be personally delivered, mailed in the United
States mail, first class postage prepaid, or sent via facsimile provided an original is also promptly
delivered to the appropriate party at the following addresses:
The County: Eagle County Project Management
Rick Ullom,
Construction Manager
P.O. Box 850
Eagle, Colorado 81631
(970) 328-8780 (p)
(970) 328-8899 (f)
and a copy to: Eagle County Attorney
P.O. Box 850
Eagle, Colorado 81631
(970) 328-8699 (f)
The CM/GC: GA Western
Joe Kelly
3354 C Road
Palisade, CO 81526
Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and
confirmed received or, if transmitted after normal business hours, on the next business day after
transmission, provided that a paper copy is mailed the same date; or three days after the date of
deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service
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14. Termination:
14.1. Notwithstanding Paragraph 14.2 hereunder, the performance of the Work may be
terminated at any time in whole or in part, by County for its convenience. Any such
termination shall be effected by delivery to CM/GC of a written notice of termination
specifying the date upon which termination becomes effective. Upon termination, CM/GC
shall deliver to County all drawings, illustrations, text, data, redlined drawings and other
documents entirely or partially completed, whether in electronic form or otherwise, together will
all material supplied to CM/GC by County. These documents must be provided to Eagle
County in a usable format. In such event, CM/GC shall be compensated for all work
completed up to the date of termination. Final payment will be due within thirty (30) days after
CM/GC has delivered the last of the documents or records due the County.
14.2. If either party defaults or CM/GC neglects to carry out the Work in accordance with
this Agreement and fails within a ten (10) day period after receipt of written notice from the
other party to correct such default or neglect with diligence and promptness, the other party may,
without prejudice to other remedies, terminate this agreement. If CM/GC fails to correct such
deficiencies after timely notification by County, County may in addition to or as an alternative to
termination correct such deficiencies and deduct the cost of correction from payments due
CM/GC. County may recover the reasonable costs of correcting deficiencies in an amount not
exceeding that specified in the Agreement.
14.3. Upon the termination of this Agreement, CM/GC agrees to deliver to County such
information and items which, if this Agreement had been completed, would have been required
to be furnished to the County, including completed or partially completed plans, drawings, red-
lined drawings and other pertinent information, in an electronic form or otherwise, in a format
usable by the County.
15. Drawings and Specifications
15.1. OWNERSHIP AND USE OF DOCUMENTS -All drawings, specifications, and copies
thereof furnished by the County are and shall remain the property of the County. They are to be
used only with respect to this Project and are not to be used on any other project. With the
exception of one contract set for each party to this Agreement, such documents are to be returned
or suitably accounted for to the County on request at the completion of the Work. Submission or
distribution to meet official regulatory requirements or for other purposes in connection with the
Project is not to be construed as publication in derogation of the County's common law
copyright or other reserved rights.
15.2. INTERPRETATIONS - The Engineer may be asked to render interpretations
consistent with the intent of, and reasonably inferable from the Contract Documents,
consisting of additional instructions by means of drawings or otherwise necessary for the proper
execution or progress of the Work, in accordance with agreed upon time limits and otherwise
so as to cause no unreasonable delay. CM/GC may make written request to the Engineer of
such interpretations and decisions. CM/GC shall comply with the Engineer's interpretations
and such interpretation shall be incorporated into this Agreement, subject to County's review
and final determination in those instances deemed necessary by the County.
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16. Completion of the Work
16.1. When CM/GC considers that the Construction Services complete, CM/GC shall notify
County of the completion of the Construction Services and prepare a list of items to be
completed or corrected.
16.2. Within ten (10) days after receipt of CM/GC's notice of completion of the Construction
Services, the County, Engineer and CM/GC shall make an inspection of the Construction
Services to determine whether the Construction Services have been completed in
accordance with the Contract Documents and to prepare a punch list, such punch list to
consist of those items listed by CM/GC to be completed or corrected as supplemented by
those items observed and noted during the inspection by the Engineer. The required
number of copies of the punch list will be countersigned by the County Project Manager
or other authorized County representative and the Engineer and will then be transmitted to
CM/GC. The failure to include any items on such list shall not alter the responsibility of
CM/GC to complete all Construction Services in accordance with the Contract
Documents.
17. Final Completion, Acceptance, and Final Payment
17.1. Following County's issuance of the Completion Certificate, and CM/GC's completion of
the work on the punch list established pursuant to paragraph 16.2. as may have been
supplemented, CM/GC shall forward to the County a written notice that the Construction Services
are ready for final inspection and acceptance, and shall also forward to the County a final
application for Payment. Upon receipt, the County and Engineer will promptly make such
inspection. When the Engineer finds the Work acceptable under the Contract Documents,
Engineer will issue a Final Certificate of Completion. This Certificate will constitute a
representation that, to the best of the Engineer's knowledge, information and belief, and on the
basis of observations and inspections, the Work has been completed in accordance with the terms
and conditions of the Contract Documents.
17.2. NOTICE OF ACCEPTANCE -When the Engineer has issued its Final Certificate of
Completion, CM/GC has fully performed all of its obligations under the Contract Documents and
the same is acceptable to the County, a Notice of Acceptance shall be issued by the County,
which shall establish the acceptance of the Construction Services.
17.3. SETTLEMENT
A. The County shall not authorize final payment until all items on the punch list have
been completed, the Engineer issues its Final Certificate of Completion, the
Notice of Acceptance is issued, and the Notice of Contractor's Final Settlement
Date is published and at least 30 days have expired with no claims filed.
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B. Before the County may advertise, CM/GC shall:
Deliver to the Engineer for review by the Engineer and deliver to the County:
a. All guaranties and warranties;
b. Confirmation that sales taxes from which the County is
exempt have not been paid;
c. Two (2) sets of as-built drawings;
d. To the extent not already furnished, one copy of all
corrected Shop Drawings;
e. Satisfactory evidence that all payroll, material bills, and other
indebtedness connected with the Work have been paid or otherwise
satisfied;
f. A complete and final waiver and/or release of any and all
lien rights and liens from each subcontractor of all tiers,
materialmen, supplier, manufacturer and dealer for all labor,
equipment and material used or furnished by each on the
Work;
g. Consent of the surety to final payment;
h. Any other documents required to be furnished by the Contract Documents
C. Upon completion of the foregoing, the CM/GC's Settlement shall be advertised in
accordance with Colorado law. On the date of final settlement thus advertised, and after
the CM/GC has submitted a written notice to the County that no claims have been filed,
final payment and settlement shall be made in full.
D. If any unpaid claim for labor, materials, rental machinery, tools, supplies, or
equipment is filed before payment in full of all sums due CM/GC, the County shall
withhold from CM/GC sufficient funds to insure the payment of such claim, until the
same shall have been paid or withdrawn, such payment or withdrawal to be evidence by
filing a receipt in full or an order for withdrawal signed by the claimant or its duly
authorized agent or assignee.
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E. The making of final payment, after the Date of the Notice of Contract Settlement
of the Work, shall constitute a waiver of all Claims by the County except those arising
from:
Unsettled Claims;
2. Faulty or defective work appearing after Completion of the Construction
Services
3. Failure of the work to comply with the requirements of the Contract
Documents.
4. Terms of any warranties or special warranties required by the
Contract Documents.
F. The acceptance of final payment, after the Date of the Notice of Contractor
Settlement of the Project, shall constitute a waiver of all claims by CM/GC except those
previously made in writing and separately identified by CM/GC as unsettled in the
final Application for Payment.
G. All provisions of the Contract Documents including without limitation those
establishing obligations and procedures, shall remain in full force and effect
notwithstanding the making or acceptance of final payments.
18. Warranties
18.1. The CM/GC shall warrant and guarantee the Construction Services for a period
of one (1) year from the date of the Notice of Acceptance. If, within one year after the Notice
of Acceptance, or within such longer period of time as may be prescribed by the terms of any
applicable special warranty required by the Contract Documents, if any of the Construction
Services is found to be defective or not in accordance with the Contract Documents, CM/GC
shall correct it promptly after receipt of a written notice from the County to do so unless the
County has previously given CM/GC a written acceptance of such condition. This obligation
shall survive both final payment for the Construction Services or designated portion thereof and
termination of this Agreement. The County shall give such notice promptly after discovery of
the condition and in any event no later than one year after the issuance of the Notice of
Acceptance.
18.2. In case of materials for which other warranties are available, the CM/GC shall secure the
required warranties and deliver the same to the County in accordance with paragraph 17.3.E.4
These warranties shall not in any way lessen CM/GC's responsibilities under the Contract
Documents. Whenever guarantees or warranties are required by the Contract Documents for a
longer period of that one year, such longer period shall govern.
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18.3. The establishment of the time periods noted in paragraph 18.1 relate only to the
specific obligation of CM/GC to correct the Construction Services, and has no relationship to
the time within which CM/GC's obligation to comply with the Contract Documents may be
sought to be enforced, nor the time within which proceedings may be commenced to establish
CM/GC's liability with respect to CM/GC's obligations other than specifically to correct the
Construction Services.
18.4. GUARANTY INSPECTIONS AFTER COMPLETION
18.4.1. The County, and CM/GC together shall make at least two (2) complete
inspections of the Construction Services after the issuance of the Notice of Acceptance.
One such inspection, the "Six-Month Guaranty Inspection," shall be made
approximately six (6) months after the issuance of the Notice of Acceptance and
another inspection, the "Eleven-Month Guaranty Inspection," shall be made
approximately eleven (11) months after the issuance of the Notice of Acceptance. The
County shall schedule and so notify all parties concerned, including the local
jurisdiction, of these inspections.
18.4.2. Written lists and reports of these inspections shall be made by the CM/GC and
forwarded to the County and all of the other participants within ten (10) days after the
completion of each inspection. CM/GC shall immediately initiate such remedial work
as may be necessary to correct any deficiencies or defective Construction Services
shown by these reports, and shall promptly complete all such remedial Construction
Services in a manner satisfactory to the Engineer and the County.
18.4.3. If the CM/GC fails to promptly correct all deficiencies and effects shown by any
report, the County may do so after giving CM/GC ten (10) days written notice of its
intention to do so and the County shall be entitled to collect from CM/GC and its surety
all costs and expenses incurred by it in correcting such deficiencies and defects, as well
as all damages directly resulting form such deficiencies and defects.
19. Claims for Additional Costs and Damages
19.1. CLAIMS FOR ADDITIONAL COST
19.1.1. If CM/GC makes a claim for an increase in the GMP, CM/GC shall give the
County its written notice of Claim thereof within fifteen (15) days or such other
time period as may be specifically set forth elsewhere in this Agreement,
whichever is the lesser, after the occurrence of the event giving rise to such claim
and in all cases before proceeding to execute the Work, except in an emergency
endangering life or property, in which case, CM/GC shall proceed as
necessary to prevent such threat. No such claim shall be valid unless so made. Any
approved change in the GMP resulting from such claim shall be authorized by
Change Order.
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19.2. INJURY TO PERSON OR DAMAGE TO PROPERTY -Should either party to this
Agreement suffer injury or damage to person or property because of any act or omission of the
other party or of any of the other party's employees, agents, or others for whose acts such party
is legally liable, Notice of Claim shall be made in writing to such other party within sixty (60)
days after the first observance of such injury or damage.
19.3. RIGHTS AND REMEDIES
19.3.1. The duties and obligations imposed by the Contract Documents and the rights
and remedies available thereunder shall be in addition to, and not a limitation of, any
duties, obligations, rights or remedies otherwise imposed or available by law.
19.3.2. No action or failure to act by the County shall constitute a waiver of any right or
duty afforded under the Contract Documents nor shall any such action or failure to act
constitute an approval or acquiescence in any breach thereunder, except as may be
specifically agreed in writing. Nothing herein shall waive or be deemed a waiver of the
County's governmental privileges and immunities under federal or state law.
20. Miscellaneous:
20.1. The project is under the authority of the Eagle County Project Management Project
Management Department, the Director of which, or his/her designee, shall be Eagle County's
liaison with CM/GC with respect to the performance of the Construction Services.
20.2. CM/GC shall not discriminate against any employee or applicant for employment to be
employed in the performance of this Agreement on the basis of race, color, religion, national
origin, sex, sexual orientation, ancestry, physical handicap, age, political affiliation or family
responsibility.
20.3. The making, execution and delivery of this Agreement by the parties hereto have not
been induced by any prior or contemporaneous representation, statement, warranty or agreement
as to any matter other than those herein expressed. This Agreement embodies the entire
understanding and agreement of the parties, and there are no further or other agreements or
understandings, written or oral, in effect between them relating to the subject matter hereof. This
Agreement may not be amended, including by any modification of, deletion from or addition to
the Work, except by a written document of equal formality executed by both parties hereto.
20.4. This Agreement shall be governed by and construed in accordance with the internal
laws of the State of Colorado, without reference to choice of law rules. The parties agree that
venue in any action to enforce or interpret this Agreement shall be in the District Court in the
Scn District for the State of Colorado.
20.5. This Agreement does not and shall not be deemed to confer upon or grant to any third
party any right enforceable at law or equity arising out of any term, covenant, or condition
herein or the breach thereof.
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i
20.6. The invalidity or unenforceability of any particular provision of this Agreement shall not
affect the other provisions hereof, and this Agreement shall be construed as if such
invalid or unenforceable provision was omitted.
20.7. In the event of litigation between the parties hereto regarding the interpretation of this
Agreement, of the obligations, duties or rights of the parties hereunder, or if suit otherwise is
brought to recover damages for breach of this Agreement, or an action be brought for injunction
or specific performance, then and in such event, the prevailing party shall recover all reasonable
costs incurred with regard to such litigation, including reasonable attorney's fees.
20.8. Time is of the essence and the parties agree to notify the other if they become aware that
any condition will significantly delay performance.
20.9. All tracings, plans, specifications, estimates, reports, date and miscellaneous items,
including electronic data, purported to contribute to the completeness of the Project, the Project
or the Work shall be delivered to and become the property of the County, upon County's request.
However, all estimating and project management information written, developed and
implemented by CM/GC shall be available for review by County, but shall not become public
information or available for use by any entity other than CM/GC.
20.10. Basic survey notes, sketches, computations and other date prepared hereunder shall be
made available to the County, upon request and become property of the County.
20.11. The Engineer, County, Project Manager and all other representatives of the County shall
at all times have access to the location of the Construction Services to view the progress of the
Work, wherever it is in preparation and progress. The CM/GC shall provide any necessary
safety equipment, and safe and reasonable Project Management for such access so that the
Engineer, Project Manager and County representatives may exercise their rights and perform their
functions under the Contract Documents.
21. Prohibitions on Public Contracts for Services:
21.1. If CM/GC has any employees or subcontractors, CM/GC shall comply with C.R.S. § 8-
17.5-101, et seq., regarding Illegal Aliens -Public Contracts for Services, and this Contract.
By execution of this Contract, CM/GC certifies that it does not knowingly employ or contract with
an illegal alien who will perform under this Contract and that CM/GC will participate in the
Basic Pilot Verification Program in order to confirm the eligibility of all employees who are newly
hired for employment to perform work under this Contract.
21.2. CM/GC shall not:
A. Knowingly employ or contract with an illegal alien to perform work under this
contract for services; or
B. Enter into a contract with a Subcontractor that fails to certify to CM/GC that
the Subcontractor shall not knowingly employ or contract with an illegal
alien to perform work under the public contract for services.
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21.3. CM/GC has confirmed the employment eligibility of all employees who are newly
hired for employment to perform work under this Contract through participation in the
Basic Pilot Verification program, as administered by the United States Department of
Homeland Security. If CM/GC is not accepted into the Basic Pilot Verification
Program prior to entering into a public contract for services, CM/GC shall apply to
participate in the Program every three months until CM/GC is accepted or the public
contract for services has been completed, whichever is earlier. Information on applying
for the Basic Pilot Verification Program can be found at:
https://www.vis-dhs.com\employerregistration
21.4. CM/GC shall not use either the Basic Pilot Verification Program procedures to
undertake pre-employment screening of job applicants while the public contract for
services is being performed.
21.5. If CM/GC obtains actual knowledge that a Subcontractor performing work under the
public contract for services knowingly employs or contracts with an illegal alien, CM/GC
shall be required to:
A. Notify the Subcontractor and the County within three days that CM/GC has actual
knowledge that the Subcontractor is employing or contracting with an illegal alien;
and
B. Terminate the subcontract with the Subcontractor if within three days of receiving the
notice required pursuant to subparagraph (i) of the paragraph (D) the Subcontractor
does not stop employing or contracting with the illegal alien; except that CM/Gc shall
not terminate the contract with the Subcontractor if during such three days the
Subcontractor provides information to establish that the Subcontractor has not
knowingly employed or contracted with an illegal alien.
21.6. CM/GC shall comply with any reasonable request by the Department of Labor and
Employment made in the course of an investigation that the department is undertaking
pursuant to its authority established in C.R.S. § 8-17.5-102(5).
21.7. If CM/GC violates these prohibitions, the County may terminate the contract for a
breach of the contract. If the contract is so terminated specifically for a breach of this
provision of this Contract, CM/GC shall be liable for actual and consequential
damages to the County as required by law.
21.8. The County will notify the office of the Colorado Secretary of State if CM/GC violates
this provision of this contract and the County terrninates the contract for such breach.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
above written.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
ATTEST:
o~
~~~` V~
a
`D ~
'Clerk to the lard of"~P~'' Sara J. Fi
County Comrmssioners Chairman
~y : ~ T~-p1i i ~
CON~'RACTOR: ~', ~ C9= F ~ G ~ ~h( ~~ ~ },(S t (2~x- l ~ c ~( L ~
$y. ~(rL,: (~., ~ ~ L~ ~e
Nam : ~ E '~ ti ~,~ ~ f~ r t E y
~ ~ ~" t
Title: L :fir ~ i 1? r ~ T
STATE OF ~~ ~ R a~c~ )
SS.
COUNTY OF ~lQS o_ )
The foregoing instrument was acknowledged before me by .~o5~p4~ L, kt11~, this~~ day
of Se:pt~emb~ , 2009.
'~,t~„ ..,.,,.,,,
My commission expires: g' au- -a, .~',~ ~ M' f~
Notary blic ?A.rv~'~~,~,~~~~'~
26
