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HomeMy WebLinkAboutECAT12-002 Shaw Construction Fix Bid Construction Agreement FIXED BID CONSTRUCTION AGREEMENT BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION, COLORADO AND SHAW CONSTRUCTION, LLC, INC. FOR EAGLE COUNTY REGIONAL AIRPORT TERMINAL OFFICE REMODEL THIS AGREEMENT is made this 1 day of January 2012, by and between Eagle County Air Terminal Corporation , (hereinafter "ECAT," "County" or "Owner "), and Shaw Construction, LLC, a company organized and existing by virtue of the laws of the State of Colorado ( "Contractor "). RECITALS WHEREAS, County desires to make renovations to the Eagle County Regional Airport Terminal (the "Facility ") including the TSA office remodel (the "Project "), located in Gypsum, Colorado; and WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise necessary to perform said renovation and construction services for County; and WHEREAS, Contractor understands and acknowledges that the Project is for the remodel of space within the Facility that is currently leased to the United States of America pursuant to Lease No. LC014295 (the "Lease ") and that Contractor's work under this Fixed Bid Construction Agreement (the "Agreement ") will be subject to the terms and requirements of Exhibit B; 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. 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 use licensed, skilled and competent laborers to complete all Work as specified or indicated in the Contract Documents. The "Work" is generally described as providing all labor, tools materials and services for the demolition and reconstruction of the TSA Office Space to complete the renovation project in accordance with Eagle County Regional Airport TSA Office Remodel Drawings and Project Manual issued by Menendez Architects - Revision Date 11 -8 -11. sheets E1.1 and E2.0 Revision Date 11- 15 -11. and Addendums #1, #2, #3 and #4, which are collectively attached hereto and incorporated herein as Exhibit B. As a component of the Work, Contractor will be 1 i90 2.- p02 required to screen and protect all construction areas from the public. . The Work may also be referred to herein as the "Construction Services." ARTICLE 2 - ECAT'S REPRESENTATIVE 2.1 The Project is under the authority of the Eagle County Project 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 (hereinafter "Project Manager "). 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 commence Work within ten (10) days of the County's issuance of a Notice to Proceed with procurement of all materials. Once a Notice to Proceed has been issued, Contractor will use its best efforts to provide all submittals (required by Exhibit B) within ten (10) days to Architect. Upon approval by Architect and /or County, Contractor must forthwith procure all long lead items before commencement of field construction. Field construction services shall commence upon receipt of all materials. County shall obtain a building permit from Town of Gypsum Building Department._Contractor will complete the Work in a diligent and expeditious manner and shall achieve Substantial Completion of the Project on or before March 24, 2012 or forty (40) calendar days of the date field construction has commenced, whichever is earlier. Final completion of the Work in accordance with paragraphs 20 and 21(including subparts) of the General Conditions shall be achieved by Contractor within nine (9) calendar days after Substantial Completion. ARTICLE 4 — CONTRACT PRICE 4.1 County shall pay Contractor for the Construction Services in current funds the fixed sum of one hundred forty four thousand nine hundred twenty three dollars ($144,923.00) in accordance with Contractor's Bid Form dated November 22, 2011, (including alternate number one) attached hereto as Exhibit A and incorporated herein by this reference. Contractor shall not be entitled to overtime or other costs and Contractor acknowledges that the full compensation for the Work hereunder is the fixed sum set forth in this paragraph 4.1 ARTICLE 5 — PAYMENT PROCEDURES 5.1 Contractor shall submit applications for payment in accordance with paragraph 18 of the General Conditions. The Contractor shall submit applications for payment and all back -up material (e.g. Subcontractor's invoices, vendor statements and receipts) as shall be reasonably required in accordance with the General Conditions. Applications for 2 payment will be processed by the Project Manager as provided in the General Conditions. The application for payment shall list all general and sub -trade divisions with each division clearly showing the total construction cost and all increments for monthly payment requests for labor and materials and all monthly reconciliation totals for each division. The application shall also include a summary of all current changes to the contract through approved Change Orders and the cost impact for these changes. 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. 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 Work. 5.2.1 Progress Payments will be in an amount equal to: Ninety -five percent of the calculated value of Work completed and materials and equipment not yet incorporated in the Work but delivered and suitably stored less in each case the aggregate of payments previously made. The withheld percentage of the Contract Price may be retained until the Work is completed satisfactorily and finally accepted by County as provided for herein. 5.3 FINAL PAYMENT: Except as provided in section 5.4 of this Agreement, within sixty (60) days of completion and acceptance of the Work by County in accordance with the General Conditions, County shall pay the remainder of the Contract Price as recommended by Project Manager as provided in paragraphs 20 and 21(including sub- parts) of the General Conditions. 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 ECAT Board has held a public hearing, thereupon and complied with C.R.S. § 38 -26 -107, as amended. Final payment shall be made in accordance with the requirements of aforesaid statute. 5.4 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. ARTICLE 6 — CONTRACTOR'S REPRESENTATIONS In order to induce County to enter into this Agreement, Contractor makes the following representations: 3 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 may, 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 which were relied upon by Project Manager in the preparation of the plans and specifications as shown in Exhibit B. 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 herein 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 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 Contractor has given Project Manager written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Project Manager is acceptable to Contractor. 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 General Conditions. 7.3 Contractor's Bid Form dated November 22, 2011 which is attached hereto and incorporated herein as Exhibit A. 7.4 Eagle County Regional Airport TSA Office Remodel Drawings and Project Manual issued by Menendez Architects - Revision Date 11 -8 -11: sheets E1.1 and E2.0 Revision Date 11- 15 -11: and Addendums #1, #2, #3 and #4, which are collectively attached hereto and incorporated herein as Exhibit B. 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 Change Order or Modification (as defined in the General Conditions). 4 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 paragraph 1.1 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 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. ARTICLE 8 — MISCELLANEOUS 8.1 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. 8.2 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. 8.3 Notwithstanding anything to the contrary contained in this Agreement, Eagle 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, 2012 without an appropriation therefore by County in accordance with a budget adopted by the 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). 8.4 Contractor shall comply with the following provisions mandated by C.R.S. § 8- 17.5 -101 et seq. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: 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. 8.4.1. Contractor shall not: 5 (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. 8.4.2. 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 8.4.3. 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. 8.4.4. 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 (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. 8.4.5. 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). 8.4.6. 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. 6 8.4.7. 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. 8.5 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 in law or in equity to recover damages for breach of this Agreement, or an action in tort 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. 8.6 At all times during the term of this Agreement, Contractor shall maintain insurance on its own behalf in the minimum amounts required by paragraph 14 of the General Conditions. 8.7 Contractor shall require each subcontractor to be bound by the terms of the Contract Documents. All Work performed by a subcontractor shall be pursuant to the appropriate written agreement in accordance with the requirements of the Contract Documents. 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. ARTICLE 10 - INDEMNIFICATION 10.1 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 or any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder; and Contractor shall reimburse County for any and all legal and other expenses including attorney fees 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 solely liable to such third party for such claim. This Article shall survive termination of this Agreement. ARTICLE 11 - TERMINATION 7 11.1 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 date upon which termination becomes effective. Upon termination, Contractor shall deliver all redlined drawings and other illustrations, photos or documents entirely or partially completed, whether in electronic form or otherwise, together with all material supplied by Contractor or by County. In such event, Contractor shall be compensated for all Work satisfactorily completed up to the date of termination. Final payment, subject to the requirements of Article 5 of this Agreement, will be due within thirty (30) days after Contractor has delivered the last of the documents or records due the County. ARTICLE 12 - OWNERSHIP OF DOCUMENTS 12.1 All documents (including electronic files) which are obtained during or wholly or partially 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 13.1 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 -8881 (p) (970) 328 -8899 (f) and a copy to: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8685 (p) (970) 328 -8699 (f) The Contractor: Shaw Construction, LLC Clark Atkinson, President 760 Horizon Drive Grand Junction, CO 81506 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 8 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 14.1 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 subcontractors, 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. / / /THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY. SIGNATURE PAGE FOLLOWS. /// 9 IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate on the day and year first set forth above. One counterpart each has been delivered to County, Contractor and Project Manager. All portions of the Contract Documents have been signed or identified by County and Contractor. EAGLE COUNTY AIR TERMINAL CORP., STATE OFCOLO' is, By , - Jen-- Stavney, Chairman rf I ATTEST: k - Y� -L,�,, • o � 064 c o i , c am Teak Simonton _do. r Clerk to the Board cs * * CONTRACTOR: Shaw Construction, LLC. / y: Name: ar Atkinson Title; President STATE OF COLORADO ) ) SS COUNTY OF -EAGL ) The foregoing instrument was acknowledged before me by ez g, gn /.usoN as 6'e anYG V cc b of ,S C sTtft'CrPc , 11- ARC. on this //'''day of J.q) ,e y -2011— 0/ My commission expires: 05=0/ 00/ � - ``s` �LM��Jt Notary ' u.lic wit v �y/ IOTA . IMO 4111P • • j 'OUBL\C' . • •iiN.•• GENERAL CONDITIONS 11 EXHIBIT A CONTRACTOR'S BID FORM 12 EXHIBIT B DRAWINGS AND SPECIFICATIONS FOR EAGLE COUNTY REGIONAL AIRPORT TSA OFFICE REMODEL PREPARED BY MENENDEZ ARCHITECT DATED 13 [To Be Inserted] 14 15