8(a) MACC IDIQ Task Order Agreement_Chavez EDA Buildout Final.pdf

EDA Chavez Project Task Order - The Agreement 1244 Speer Blvd, Denver, CO Project PCN

The Agreement 1

TASK ORDER AGREEMENT

Table of Contents

I. Project Information

A. Project Summary B. The Task Order C. Period of Performance D. Work Conditions/Site Requirements E. Authorized Representatives F. Liquidated Damages Rate G. Buy American Exceptions H. Statement of Work, Specifications, Drawings, Exhibits and Other Attachments

II. Task Order Prices

A. Basis of Pricing B. Task Order Price Form

III. Additional Terms and Conditions

V. Additional Clauses

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I Project Information

I.A Project Summary

This is a Task Order against Multiple Award Indefinite Delivery Indefinite Quantity (IDIQ) Task Order Contract for Construction Services for Region 8 IDIQ MACC, the IDIQ Master Contract, for the following project:

U.S. Economic Development Administration (EDA) Chavez Project Cesar Chavez Memorial Building 1244 Speer Blvd Denver, Colorado Project No.

The work generally includes the tenant improvement build-out of office space on the fourth floor of the Cesar E. Chavez Memorial Building in Denver, Colorado, as documented in the Construction Documents and Specifications dated December 20, 2013, and Addendum #1 dated March 14, 2014.

I.B The Task Order

I.B.1 This task order is issued in accordance with the master contract. All terms and conditions of the master contract apply to this task order unless explicitly changed in this Task Order Agreement. The Task Order consists of the GSA 300, the Task Order Agreement, the Statement of Work, Specifications, Drawings, Exhibits, Amendments, Modifications, and other Attachments identified herein (collectively, the Task Order Documents). The Task Order contains the entire agreement of the Parties, and no prior written or oral agreement, express or implied, shall be admissible to contradict or modify any part of the Task Order.

I.B.2 The Contractor shall provide and pay for all labor, materials, equipment, tools, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution of the work described in and reasonably inferable from the Task Order Documents (the Work), whether temporary or permanent. In consideration for, and upon condition of, the Contractor's completion of the Work, the General Services Administration (GSA) shall pay the Contractor the price or prices established in the Task Order, subject to the terms and conditions set forth in the Task Order Documents.

I.C Period of Performance

I.C.1 Commencement. The Contractor shall commence performance of the Work within one

(1) day(s) after the Contractor receives the Notice to Proceed (NTP).

I.C.2 Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in the IDIQ Master Contract - Agreement, no later than 80 calendar days from issuance of Notice to Proceed (NTP).

I.C.3 Task Order Completion. The Contractor shall achieve Task Order Completion, as the term is defined in the IDIQ Master Contract - Agreement, within 5 calendar days of Substantial Completion.

I.D Work Conditions/Site Requirements

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I.E Authorized Representative

(1) This Contract is between the United States of America, acting by and through the Administrator of General Services (GSA), and the Contractor (the Parties). References in this Contract to "the Owner" or "the Government" shall be understood to refer to GSA. The following individual is designated as the only authorized GSA representative under this Contract, unless other warranted contracting officers are designated in writing:

Contracting Officer Name: Courtney Westlie Address: Denver Federal Center Telephone: 303.236.2004 Email: Courtney.westlie@gsa.gov

I.F Liquidated Damages Rate

In accordance with the “Liquidated Damages” clause in Section III (Terms and Conditions), or the master contract, liquidated damages shall be calculated at the rate of $0.00 per calendar day.

I.G Buy American Act Exceptions

For Buy American Act exceptions, see Section IV of this Agreement.

I.H Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments

The following documents are incorporated by reference into this Contract.

(1) Statement of Work for PCN, Dated 3.18.2014

(2) Specifications for PCN, Dated 3.14.2014

(3) Construction Drawings for PCN, Dated 3.14.2014

(4) Wage Determination CO140004, Dated 04/04/2014

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II Task Order Prices

II.A. Basis of Pricing

(1) Task Order Prices. All Task Order prices set forth in this Section include all costs necessary to complete the work for which the price is established (e.g., Base, Unit Price, Options) in accordance with the Task Order Documents, including, but not limited to, the cost of work performed by subcontractors and consultants, indirect costs, fees, expenses, taxes, and profit.

(2) Knowledge of Conditions Affecting Price. FAR 52.236-3, Site Investigations and Conditions Affecting the Work, is incorporated by reference in this Task Order. The Contractor shall be presumed to have established all prices with knowledge of general and local conditions that may affect the cost of Contract performance at the site where the Work is to be performed, to the extent that such information is reasonably obtainable.

(3) Unit Prices. If any portion of the Work is to be performed on a unit price basis, the Unit Price shall include all costs of coordinating and incorporating the unit-priced portion of the Work into the Base Task Order Work. The Contractor shall only be obligated to perform unit-priced work to the extent that an Allowance has been established in an amount sufficient to compensate the Contractor for such work at the established unit prices. The Contractor shall be bound to the unit price or prices set forth herein in all equitable adjustments for changes including unit priced work, and no markups shall be applied to such unit prices.

(4) Options. If any portion of the Work is to be performed upon the timely exercise of an Option, the Option Price shall include all costs of coordinating and incorporating the Option-priced portion of the Work into the Base Task Order Work. An adjustment to the Contract price for such additional work shall be computed solely on the basis of the Option price or prices set forth herein. Unless otherwise specified, all options may be exercised within 90 days of Task Order award.

(5) Bid Rates. If this Task Order includes Bid Rates to be used in determination of equitable adjustments (e.g., overhead, profit, daily rates for time-related costs), such rates shall be deemed to include all costs recoverable as components of an equitable adjustment consistent with the requirements, definitions, and exclusions applicable to equitable adjustments set forth in this Task Order, and consistent with the Contractor's cost accounting practices. Unless otherwise specified, the bid rates shall be deemed to include only the Contractor's costs, and not the costs of any subcontractors.

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III Additional Terms and Conditions

III.A Terms and Conditions

All terms and conditions of the master contract apply to this task order unless explicitly changed in this Section.

III.A.1 Project Schedule

The Contractor shall use the Critical Path Method (CPM) or Electronic Project Management (ePM) in accordance with the master contract.

(1) The Contractor shall use a Project Schedule to plan, coordinate, and perform the Work.

(2) The Project Schedule shall be a rational, reasonable and realistic plan for completing the Work, and conform to requirements specified in this clause and elsewhere in this Contract.

(3) The Contractor understands and acknowledges that the preparation and proper management of the Project Schedule is a material component of the Work, and that the Contract price includes all costs of compliance with Project Schedule requirements.

(4) The Project Schedule shall depict all major activities necessary to complete the Work.

(5) Prior to NTP, the Contractor shall submit its Project Schedule to the Contracting Officer. The Contractor shall submit the Project Schedule.

(6) The Project Schedule shall incorporate both major tasks a well as milestone events specified in the Contract, including, as applicable, NTP, Substantial Completion, and milestones related to specified work phases and site restrictions. The Project Schedule shall also include Contractor-defined milestones to identify target dates for critical events, based upon the Contractor's chosen sequence of work and be linked to the tasks that drive those milestones.

(7) Unless a shorter period for updates is specified elsewhere, the Contractor shall update the Project Schedule weekly to reflect its actual progress in completing the Work, and submit the updated Project Schedule to the Contracting Officer by the following Monday or other specified period.

(8) If the Contractor revises the Project Schedule after initial submission, the Contractor shall provide in writing to the Contracting Officer a narrative describing the substance of the revision, the rationale for the revision, and the impact of the revision on the projected Substantial Completion date and the available float for all activities. The Contractor shall only revise prospective activities, durations and logic, but addition of detail to prospective activities shall not be deemed a revision if the overall duration of the detailed activity does not change.

(9) If at any time the Contracting Officer finds that the Project Schedule does not comply with any Contract requirement, the Contractor shall, upon written notice of exceptions taken by the Contracting Officer, revise the Project Schedule, adjust activity progress, or provide sufficient information demonstrating compliance. Regardless of whether the Contracting Officer takes any such exception, the Contractor shall not be relieved of its responsibility for the rationality, reasonableness or realism of the Project Schedule, or its responsibility to achieve Substantial Completion within the time specified by this Contract.

(10) If the Contractor fails to sufficiently address the Contracting Officer's exceptions to the Project Schedule within thirty (30) calendar days of written notice of same, the Contracting

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Officer may withhold retainage until the Project is Substantially Complete or until such time as the Contractor has complied with Project Schedule requirements.

(11) The Contracting Officer shall be entitled, but not required, to rely upon the Project Schedule to evaluate the Contractor's progress, evaluate entitlement to extensions of time, and determine the criticality or float of any activities described in such Project Schedule.

III.A.2 Options and Allowances

This Task Order does not include Options. Refer to section I.D, of IDIQ Master Contract – The Agreement for further details concerning the use of options.

IV Buy American Clause Exception

For this task order, the following materials are excepted under FAR 52.225-9 Buy American Act—Construction Materials: N/A

V Additional Task Order Clauses (NA)