HomeMy WebLinkAboutC11-157 JC Construction & Excavating Agreement CONSTRUCTION AGREEMENT BETWEEN EAGLE COUNTY AND JC
CONSTRUCTION & EXCAVATING INC.
THIS AGREEMENT is made this IA day of May, 2011, by and between Eagle
County ( "County "), and JC Construction & Excavating Inc., a company organized and
existing by virtue of the laws of the State of Colorado ( "Contractor ").
WHEREAS, County desires to install 230 lineal feet 18" corrugated metal pipe west
from the existing diversion structure and fine grade and provide the anchor trench for the
pond liner (installed by others) at the Eagle River Preserve; and
WHEREAS, Contractor is authorized to do business in the State of Colorado, has
experience and expertise necessary to provide said services to County; and
WHEREAS, County and Contractor intend by this Agreement to set forth the scope of
the responsibilities of Contractor in connection with the Project and related terms and
conditions to govern the relationship between Contractor and County in connection with
this Agreement.
NOW, THEREFORE, in consideration of the foregoing premises and the following
promises, County and Contractor agree as follows:
ARTICLE 1— WORK
1.1 Contractor shall complete all Work as specified or indicated in the Contract
Documents. The "Work" is generally described as follows: Provide all labor,
tools materials and services to complete the installation of 230 if of 18"
corrugated metal pipe, including all connectors and flare at end of pipe. The
existing slope at the ditch will be utilized to backfill the pipe and a native dry land
mix seed will be spread over the disturbed areas. The scope of the fine grading
the pond includes the removal of all large boulders in the pond, fine grading for
the pond bottom, removal of all sharp and irregular rocks for pond bottom,
digging a 12" x 12" anchor trench and then backfilling it when the liner system is
installed, removing an existing concrete block that is currently supporting the
suction pipe and regrading the area, cutting and reattaching the suction pipe for
the liner system installation, backfilling and grading over the suction pipe to
create a gentle slope over the existing suction pipe, regrading areas of the pond
perimeter that have sunken due to leaking water and removing approximately 12"
of dirt 8' around the perimeter of the pond and then replacing it after the liner
system is installed. Additional work includes removing some debris from the first
pond that has accumulated and regrading three other pond perimeters to raise the
bank using existing materials in the ponds. Contractor's bids dated 03/31/2011
and 04/15/2011, attached hereto as Exhibit "A" and `B ", and incorporated herein
by this reference.
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ARTICLE 2 — COUNTY'S REPRESENTATIVE
2.1 The project is under the authority of the Eagle County Facilities Management
Department, the Manager of which, or his designee, shall be County's Project
Manager with Contractor with respect to the performance of the Work.
ARTICLE 3 — CONTRACT TIME
3.1 This Agreement shall commence upon execution of this Agreement by both
parties and, subject to the provisions of Article 11 hereof, shall continue in full
force and effect until the Work has been completed. Contractor will use its best
efforts to complete the Work in a diligent and expeditious manner. The final
completion shall be when County's Project Manager has certified that the
Facilities have been completed in accordance with the terms and conditions of this
Agreement, Exhibits "A" and "B ", the General Conditions, and correction of all
field discovered deficiencies. Final completion must be achieved on or before
May 27, 2011.
3.2 County and Contractor recognize that time is of the essence of this Agreement
and that County will suffer financial loss if Project is not substantially completed
within the time specified in Paragraph 3.1 above, plus any extensions thereof
allowed in accordance with the General Conditions. They also recognize the
delays, expense, and difficulties involved in proving, in a legal or arbitration
proceeding, the actual loss suffered by the County if Project is not final completed
on time. Accordingly, instead of requiring any such proof, County and Contractor
agree that as liquidated damages for delay (but not as a penalty) Contractor shall
pay County in accordance with the following:
Late Final Completion: $100 per day
ARTICLE 4 — CONTRACT PRICE
4.1 The funds appropriated for this project are equal to or in excess of the contract
amount. COUNTY shall pay CONTRACTOR for the Scope of Work, including
the CONTRACTOR's fee, in accordance with the Contract Documents in current
funds in an amount not to exceed:
18" PIPE: SEVEN THOUSAND ONE HUNDRED FIURTEEN DOLLARS
AND 00 /100
POND TRENCHING AND FINE GRADING: SIX THOUSAND EIGHT
HUNDRED SEVENTY FIVE AND 00 /100
TOTAL: $13989.00
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ARTICLE 5 — PAYMENT PROCEDURES
5.1 CONTRACTOR shall submit Applications for Payment in accordance with
paragraph 17 of the General Conditions. Applications for Payment will be
processed by PROJECT MANAGER as provided in the General Conditions
5.2 PROGRESS PAYMENTS: County shall make monthly progress payments on
account of the Contract Price on the basis of Contractor's Applications for
Payments as recommended by the Project Manager, as provided below. All
progress payments will be on the basis of the progress of the work provided for in
paragraph 17 of the General Conditions.
5.3 FINAL PAYMENT: Upon final completion and acceptance in accordance with
paragraphs 19 and 20 of the General Conditions, County shall pay the remainder
of the Contract Price as recommended by Project Manager as provided in said
paragraphs 19 and 20.
ARTICLE 6 — CONTRACTOR'S REPRESENTATIONS
In order to induce County to enter into this Agreement, Contractor makes the following
representations:
6.1 Contractor has familiarized himself with the nature and extent of the Contract
Documents, work, locality, and with all local conditions, and federal, state, and
local laws, ordinances, rules and regulations that in any manner affect cost,
progress, or performance of the work.
6.2 Contractor has studied carefully all reports of investigations and tests of
subsurface and latent physical conditions at the site or otherwise affecting cost,
progress, or performance of the Work.
6.3 Contractor has made, or caused to be made, examinations, investigations, and
tests and studies of such reports and related data in addition to those referred to in
paragraph 6.2 as he deems necessary for the performance of the work at the
Contract Price, within the Contract Time, and in accordance with other terms and
conditions of the Contract Documents; and no additional examinations,
investigations, tests, reports, or similar data are, or will be required by Contractor
for such purposes.
6.4 To the extent possible, Contractor has correlated the results of all such
observations, examinations, investigations, tests, reports, and data with the terms
and conditions of the Contract Documents.
6.5 To the extent possible Contractor, has given Project Manager written notice of all
conflicts, errors, or discrepancies that he has discovered in the Contract
Documents.
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ARTICLE 7 — CONTRACT DOCUMENTS
The contract Documents which comprise the entire Agreement, made a part hereof, and
consist of the following:
7.1 This Agreement
7.2 Exhibit "A" Estimate #168
7.3 Exhibit `B" Estimate #169
7.4 General Conditions
7.5 Certificates of Insurance
7.6 Any modification, including Change Orders, duly delivered after execution of
Agreement. There are no Contract Documents other than those listed above in
this Article 7. The Contract Documents may only be altered, amended, or
repealed by a Modification (as defined in the General Conditions). To the extent
the terms and conditions of both this Agreement and the General Conditions
conflict with any other Contract Document, the provisions most beneficial to the
County shall control.
ARTICLE 8 — MISCELLANEOUS
8.1 The terms used in this Agreement which are defined in the General Conditions
shall have the meanings indicated in the General Conditions.
8.2 No assignment by a party hereto of any rights under, or interests in the Contract
Documents will be binding on another party hereto without the written consent of
the party sought to be bound; and specifically, but without limitation, moneys that
may become due and moneys that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by
law), and 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 Contract Documents.
8.3 County and Contractor each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, in respect to all covenants, agreements,
and obligations contained in the Contract Documents.
8.4 Notwithstanding anything to the contrary contained in this Agreement, County
shall have no obligations under this Agreement after, nor shall any payments be
made to Contractor in respect of any period after December 31, 2010 without an
appropriation therefore by County in accordance with a budget adopted by the
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Board of County Commissioners in compliance with Article 25, Title 30 of the
Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1-
101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec.
20).
8.5 Provision Mandated by C.R.S. § 8 -17.5 -101 et seq. PROHIBITIONS ON
PUBLIC CONTRACT FOR SERVICES
8.5.1 If Contractor has any employees or subcontractors, Contractor 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, Contractor certifies
that it does not knowingly employ or contract with an illegal alien who will
perform under this Contract and that Contractor will participate in the E- verify
Program or other Department of Labor and Employment program ( "Department
Program ") in order to confirm the eligibility of all employees who are newly hired
for employment to perform work under this Contract.
8.5.2 Contractor shall not:
(i) Knowingly employ or contract with an illegal alien to perform
work under this contract for services; or
(ii) Enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under the public
contract for services.
8.5.3. Contractor has confirmed the employment eligibility of all employees who are
newly hired for employment to perform work under this Contract through
participation in the E- verify Program or Department Program, as administered by
the United States Department of Homeland Security. Information on applying for
the E- verify program can be found at:
http://www.dhs.gov/xprevprot/programs/gc_1185221678150.shtm
8.5.4 The Contractor shall not use either the E- verify program or other Department
Program procedures to undertake pre - employment screening of job applicants
while the public contract for services is being performed.
8.5.5 If the Contractor obtains actual knowledge that a subcontractor performing work
under the public contract for services knowingly employs or contracts with an
illegal alien, the Contractor shall be required to:
(i) Notify the subcontractor and the County within three days that the
Contractor has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and
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(ii) 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 the Contractor 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.
8.5.6 The Contractor 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).
8.5.7 If a Contractor 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, the Contractor shall be liable for actual
and consequential damages to the County as required by law.
8.5.8 The County will notify the office of the Colorado Secretary of State if Contractor
violates this provision of this Contract and the County terminates the Contract for
such breach.
8.6 ATTORNEY'S FEES: In the event of litigation between the parties hereto
regarding the interpretation of this Agreement, or 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 events, the prevailing party shall recover all
reasonable costs incurred with regard to such litigation, including reasonable
attorney's fees.
8.7.1 At all times during the term of this Agreement, Contractor shall maintain
insurance on its own behalf in the minimum amounts required by Section 13 of
the General Conditions.
8.8 Invalidity or unenforceability of any 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.
ARTICLE 9 - JURISDICTION AND VENUE:
9.1 This Agreement shall be interpreted in accordance with the laws of the State of
Colorado and the parties hereby agree to submit to the jurisdiction of the courts
thereof. Venue shall be in the Fifth Judicial District for the State of Colorado.
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ARTICLE 10 - INDEMNIFICATION:
The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless
County and any of its officers, agents and employees against any losses, claims, damages
or liabilities for which County or any of its officers, agents, or employees may become
subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly
or indirectly, this Agreement, or are based upon any performance or nonperformance by
Contractor hereunder; and Contractor shall reimburse County for any and all legal and
other expenses incurred by County in connection with investigating or defending any
such loss, claim, damage, liability or action. This indemnification shall not apply to
claims by third parties against the County to the extent that the County is liable to such
third party for such claim without regard to the involvement of the Contractor.
ARTICLE 11 - TERMINATION:
County may terminate this Agreement, in whole or in part, for any reason, at any time,
with or without cause. Any such termination shall be effected by delivery to Contractor
of a written notice of termination specifying the reason and date upon which termination
becomes effective. Upon termination, Contractor shall deliver all redlined drawings and
other illustrations, or documents entirely or partially completed, whether in electronic
form or otherwise, together with all material supplied by Contractor by County. In such
event, Contractor shall be compensated for all Work satisfactorily completed up to the
date of termination, plus Contractor's Fee for such Work. Final payment will not be due
until thirty (30) days after Contractor has delivered the last of the documents or records
due the County.
ARTICLE 12 - OWNERSHIP OF DOCUMENTS:
All documents (including electronic files) which are obtained during or prepared in the
performance of the Work shall remain the property of the County and are to be delivered
to County before final payment is made to Contractor or upon earlier termination of this
Agreement.
ARTICLE 13 — NOTICE
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 Facilities Management
Ron Siebert, Project Manager
P.O. Box 850
Eagle, Colorado 81631
(970) 328 -8881 (p)
(970) 328 -3529 (f)
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and a copy to: Eagle County Attorney
P.O. Box 850
Eagle, Colorado 81631
(970) 328 -8699 (f)
The Contractor: JC Construction & Excavating Inc.
PO Box 4558
Avon, Colorado 81620
(970) 401 3310
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.
ARTICLE 14 — 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. Contractor shall be, and shall perform as, an independent contractor. No
technician, agent, subcontractor, employee, or servant of Contractor shall be, or shall be
deemed to be, the employee, agent or servant of County. Contractor 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. Contractor shall not represent, act,
purport to act or be deemed the agent, representative, employee or servant of County.
/1 SIGNATURE PAGE TO FOLLOW //
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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 COUNTY MANAGER
By: irr
eith Montag
CONTRACTOR:
B •j
Name: _ - A . Z.
Title: f ✓eS, a-42 n
STATE OF _ � )
COUNTY OF _l l ) SS.
The foregoing; instrument was acknowledged before me by ifrd - W ffavtl( this / 3 day
of , 2011.
My commission expires: 1 id �`� ( e.0
Notary Publ e
SALL4' Ciiil�:L?Tor'
NOTARY PUBLIC 5 j1
SPAT OF COL ORADO
wp r4�4Y�
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Infrastructure, Water & Sewer, Specializing In Retaining Walls.
JC Construction & Excavating Inc. Estimate
PO Box 4558
-
Avon, CO 81620 Date Estimate #
Phone # 970 - 401 -3310 3/31/2011 168
E -mail jceagleconst @aol.com
Name / Address
Ron Siebert.
Eagle County Facilities Project
PO Box 850
Eagle, Co.81631
vbnektl t.. rc ,airs
t& cr1P
Description Qty Unit Unit Price Total
Excavation And Install 230' if Of Camp Culvert 230 1 22.80 5,244.00
Grading And Back Fill 1 2 1,200.00 1,200.00
Revage w/ Wild Grass. 1 3 370.00 370.00
Mobilization 1 4 300.00 300.00
Scope Of Work
JC Construction & Excavating Will Provide All The Equipment. And Labor Necessary To
Perform And Complete The Job. At Eagle Water Preserve.
Scope includes
Mobilization, Labor, equipment, for all site work
230 If 18" Camp Culvert. 18" Band. Install. Excavation. And Back Fill. Grading. Revage
Clean Up. Materials Are. Included On This Proposal.
Includes flared end section on end of pipe
4 ,.
t►
Total $7,114.00
Infrastructure, Water & Sewer, Specializing In Retaining Walls.
JC Construction & Excavating Inc. Estimate
PO Box 4558
Avon, CO 81620 Date Estimate #
Phone # 970 - 401 -3310 4/15/2011 169
E - mail jceagleconst @aol.com
Name / Address
Ron Siebert.
Eagle County Facilities Project
PO Box 850 Eagle, Co.81631
Pound Trenching And Grading
Pound Trenching And
Grading
Description Qty Unit Unit Price Total
Pound Trenching And Grading For Pound Liner. 1 1 5,850.00 5,850.00
Haul In Load Of Road Base. 1 2 450.00 450.00
Build Small Burm On Lower Pound. 1 3 575.00 575.00
Scope Of Work
JC Construction & Excavating Will Provide All The Equipment. And Labor Necessary To
Perform And Complete The Job. At Eagle Water Preserve.
Scope includes
Mobilization, Labor, equipment, for all site work
Excavation. And Back Fill. Grading. Move Concrete Block. 2 i x t r
Clean Up. Materials Are Included On This Proposal.
Thank you for your business.
Total $6,875.00
