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HomeMy WebLinkAboutC03-088 Plumb Kendall Construction, Inc. AGREEMENT FOR CONSTRUCTION The remodel and addition of the two locker rooms in The Eagle County Old Courthouse Building THIS AGREEMENT is dated as of the ~ day a~in the year 2003 by and between Board of County Commissioners Eagle County, Colorado (hereinafter called OWNER) and Plumb Kendall Construction, Inc. thereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1 -WORK CONTRACTOR shall complete all work specified in the Contract Documents as set forth in article 8 and which are incorporated herein by reference. The Work is generally described as providing all labor, material and services for the remodel and addition of two locker rooms in the Eagle County Old Courthouse Building consisting of: (1) constructing all new walls as shown on the plans provided; (2) making adjustments to the existing plumbing, mechanical and electrical systems as shown on the engineered plans; and (3) Installing all new fixtures, equipment and finishes as identified in the Specifications and Drawings. ARTICLE 2 -OWNER'S REPRESENTATIVE The Project is under the authority of the Eagle County Facilities Management Department, the Directorof which, or his designee, shall be Owner's liaison with Contractorwith respect to the performance of the Work. Agreement Page 1 F:\Old courtHouseVockercontr.wpd ~ ~ ARTICLE 3 -CONTRACT TIME 3.1 The work will be substantially completed on or before June 8. 2003, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before June 29.2003. ARTICLE 4 -CONTRACT PRICE 4.1 The funds appropriated for this project are equal to or in excess of the contract amount. Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds as follows: Eagle County shall pay a total not to exceed Sixty Five Thousand Five Hundred Six (65,506.00) Dollars. 4.2 Pursuant to the provisions §24-91-103.6, C.R.S., and notwithstanding anything to the contrary contained elsewhere in the Contract Documents, no change order or other form of order or directive by Owner, and no amendment to this Agreement, requiring additional compensable work to be performed which work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any force or effect unless accompanied by a written assurance by Ownerthat lawful appropriations to cover the costs of the additional work have been made or unless such work is covered under aremedy-granting provision in the Agreement. Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to Owner nor shall any payment be made to Contractor for any Work done after December 31, 3003 without the written approval of the Owner in accordance with a budget adopted by the Board of County Commissioners in accordance with the provisions of Article 25 of Title 30 of the Colorado Revised Statues and the Local Government Budget Law (C.R.S. 29-1-101 et seq.). ARTICLE 5 -LIQUIDATED DAMAGES 5.1 LIQUIDATED DAMAGES: Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not substantially complete 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 a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not Agreement Page 2 F:\Old courtHouseUockerContr.wpd ~ ~ substantially complete on time. Accordingly, instead of requiring such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractorshall pay OwnerThree Hundred dollars ( 300.00) for each day that expires after the time specified in paragraph 3.1 for completion until the Work is complete. 5.2 The completion dates as set forth in paragraph 3.1 above include a reasonable time for the reviews and approvals required by this agreement. Should the Contractor be unreasonably delayed by the failure of any person or entity to provide review or approval within such reasonable time, Contractor shall be entitled to an appropriate extension of time after a written request for such extension has been submitted to and approved by county's designated representative in writing. No time extension will be granted unless a determination is made by the Owner, in its sole discretion, that good cause exists for such extension. ARTICLE 6 -PAYMENT PROCEDURE Contractor shall submit applications for payment in accordance with the general Conditions. Applications for Payment will be processed as provided in the General Conditions. 6.1 PROGRESS PAYMENTS: Owner shall make monthly progress payments on account of the Contract Price on the basis of Contractor's Applications for Payments, as provided below. All progress payments will be on the basis of the progress of the Work. 6.1.1 Prior to Completion, progress payments will be in an amount equal to: 90% of the Work completed until fifty percent (50%) of the Work is performed, after which no additional retainage shall be withheld, and 90% of materials and equipment not incorporated in the Work but delivered and suitably stored, less in each case the aggregate of payments previously made. 6.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with the General Conditions, Owner 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 Agreement Page 3 F:\Old courtHouseVockerContr.wpd ~ ~ 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 the C.R.S. §38-26-107. Final payment shall be made in accordance with the requirements of the aforesaid statute. ARTICLE 7 -CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 7.1 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 may affect cost, progress, or performance of the Work. 7.2 Contractor has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data 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. 7.3 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 7.4 Contractor has given Owner written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Owner is acceptable to Contractor. ARTICLE 8 -CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement are made a part hereof, and consist of the following: 8.1 This Agreement. 8.2 The Working Drawings & Specifications Agreement Page 4 F:\Old couriNouseVockerContr.wpd ~ ~ 8.3 Notice of Award, Notice to Proceed. 8.4 General Conditions. 8.5 Contractors bid proposal, dated: 03 / 19 / 2003 8.6 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 an executed, written amendment to this Agreement. - ARTICLE 9 -SCHEDULE & SECURITY Contractor shall submit its proposed Work schedule(s) to Ownerfor prior approval. All Work will be scheduled and performed in a mannerwhich will produce minimum interference with the daily business activities of the Eagle County Old Courthouse Building and the departments affected. Unless otherwise agreed, Contractor shall be allowed on site for performance of Work only during the agreed upon time. Working hours for Eagle County Buildings begin at 8:00 a.m. through 5:00 p.m. Monday through Friday. Contractor is required to maintain building security. In the event Contractor is given access to the building outside normal building working hours, Contractor shall be responsible for securing the building from entrance by persons without authority to enter including locking all doors and closing all windows when Contractor leaves the site. ARTICLE 10-INDEPENDENT CONTRACTOR 10.1 It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, and employment relationship. Contractor shall be, and shall preform as, an independent contractor. No agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of Owner. The Contractor shall be solely and entirely responsible for its act and for the acts of Contractor's agents, employees, servants and subcontractors during the performance of this Agreement. Agreement Page 5 F:\Old courtHouseUockerContr.wpd ARTICLE 11-CONTRACTOR'S LEVEL OF CARE 11.1 The Contractor shall be responsible for completeness and accuracy of the Work, including all supporting data and other documents prepared or compiled in performance of the Work, and shall correct, at its sole expense, all errors and omissions therein. The fact that the Owner has accepted or approved the Contractor's Work shall not relieve the contractor of any of its responsibilities. The Contractor and its professional consultants shall perform the 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. ARTICLE 12 -MISCELLANEOUS 12.1 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. 12.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 12.3 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. 12.4 APPLICABLE LAW: This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. 12.5 INTEGRATION: This Agreement, including those documents set forth in article 8, supersedes all previous communications, negotiations and/orcontracts between Agreement Page 6 F:\Old courtHouse\IockerContr.wpd the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth in the Contract Documents. 12.6 NOTICE: Notice shall be provided to the respective parties by being given to the persons at the addresses as follows, until changed by notice: 12.7 The Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Work on the basis of race, color, religion, national origin, sex, ancestry, physical handicap, or age. The contractor shall require all consultants to agree to the provisions of this paragraph. To CONTRACTOR: Plumb Kendall Construction, Inc. P.O. Box 408 Eagle, Colorado 81631 Phone: 970-328-3355 Fax: 970-328-3324 Cell: 970-390-9755 To OWNER: Director Facilities Management Dept. Eagle County P.O. Box 850, 590 Broadway Eagle, CO 81631 Phone: 970-328-8700; Fax: 970-328-7720 Written notices shall be delivered personally, by commercial messenger service or by prepaid U.S. mail. Notices also may be given by facsimile transmission provided an original is also promptly delivered. //////// [next page is signature page) \\1\\111 Agreement Page 7 F:\Old courWouseUockercontr.wpd • • IN WITNESS WHEREOF, the parties hereto have executed this Agreementeffective on the date first above written. "Owner": o~~''~L~~'®G COUNTY OF EAGLE, STATE OF ~' ~ COLORADO, By and Through Its ATTEST * ~ BOARD OF C NTY COMMISSION f B . By: Jerk of the Board of ichae Gallagher, Ch ' an County Commissioners "Contractor": Plumb Kendall Construction, Inc. Alex Kendall Mintling a„%~~-~- STATE OF COLORADO ) ss: County of ~.5 ~ ) On this ~ ~ day of /~~°~~ , 200°1~?came before me, a notary public, ~,c~ ~: ,. 1~ ~~ , known t~ me t~ Me the ~.~s ~'~-~°~ ~f Plumb Kendall Construction, who acknowledged to me that he executed the foregoing document, that he executed it in that capacity, and that the same was the act of that corporation. l My commission expires: 9 ~~ / ° c Notary Public Agreement F:\Old courtHouseUockerContr.wpd ~f~~ Page 8 • • GENERAL CONDITIONS 1. Contractor shall provide and pay for labor, materials, equipment, tools, utilities, permits, licenses, transportation, and other facilities and services necessary for proper execution and completion of the Work. 2. If Contractor fails to obtain the tax exemption(s) applicable to public works projects from sales, consumer, use and similar taxes, Contractor shall pay the same. Owner will cooperate with Contractor to obtain tax exemption for this project. 3. Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions which can affect the Work or the cost thereof. Any failure by Contractor to do so will not relieve him from responsibility for successfully performing the Work without additional expense to the Owner. Owner assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, employees or agents priorto the execution ofthis Agreement, unless such understanding or representations are expressly stated in the Agreement. 4. Before commencing activities, Contractor shall: (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to Contractorwith the Agreement; and (3) promptly report errors, inconsistencies oromissions discovered to Owner. 5. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and forcoordinating all portions of the Work. 6. Contractor, as soon as practicable, shall furnish in writing to the Owner the names of subcontractors and suppliers for each portion of the Work. 7. No charge shall be made by Contractor for hindrances or delays from any cause whatever during the progress of any portion of the Work, unless such hindrance or delay is caused in whole or in part by acts or omissions within the control of Owner. In any event, Owner may grant an extension of time for the completion of the Work, provided it General Conditions Page 9 F:\Old courtHouseUockerContr.wpd • • is satisfied that delays or hindrances were due to causes outside Contractor's control, e.g., weather, orto acts of omission or commission by the Owner, provided that such extensions of time shall in no instance exceed the time actually lost to Contractor by reason of such causes, and provided further that Contractor shall have given Owner immediate (as determined by the circumstances, but not exceeding 48 hours) notice in writing of the cause of the detention or delay. 8. Contractorshall deliver, handle, store and install materials in accordancewith manufacturers' instructions. 9. Contractor warrants to Owner that: (1) materials and equipment famished under the Agreement will be new and of good quality; (2) the Work wilt be free from defects not inherent in the quality required or permitted; and (3) the Work will conform to the requirements of the Agreement. 10. Contractor shall comply with and give notices required by all federal, state and local laws, statutes, ordinances, building codes, rules and regulations applicable to the Work. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, rules or regulations without notice to Owner, Contractor shall assume full responsibility for such Work and shall bear the attributable costs. Contractor shall promptly notify Owner in writing of any conflicts between the specifications for the Work and such governmental laws, rules and regulations. 11. Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. 12. Contractorshall fumishperformance and payment bonds, each in an amount at least equal to the contract price as security for the faithful performance and payment of all Contractor's obligations under the contract documents. These bonds shall remain in effect at least until two years after the date of final payment, except as otherwise provided by law. Contractor shall also famish other bonds as are required by the supplementary conditions. All bonds shall be in forms satisfactory to Owner, and be executed by such sureties as (a) are licensed to conduct business in the state where the project is located, and (b) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of accounts, U.S. Treasury General Conditions Page 10 F:\Old courtHouse\IockerContr.wpd • Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. tf the surety on any bond furnished by Contractor is declared bankrupt, or becomes insolvent, or its right to do business is terminated in any state where any part of the project is located, or it ceases to meet the requirements of clauses (a) and (b) of the preceding paragraph, Contractor shall within five days thereafter substitute another bond and surety, both of which shall be acceptable to Owner. 13. Contractor shall be solely responsible for the protection of the Work until its final acceptance by Owner. Contractor shall have no claim against Owner because of any damage or loss to the Work, and shall be responsible for the complete restoration of damaged Work to its original condition. In the event Contractor's Work is damaged by another party, not under his supervision or control., Contractor shall make his claim directly with the party involved. If a conflict or disagreement develops between Contractor and another party concerning the responsibility for damage or loss to Contractor's Work, such conflict shall not be cause for delay in Contractor's restoration of the damaged Work. 14. Contractor's Insurance: The Contractor shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's operations under the contract, whether such operations be by himself, or by any subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All such insurance shall remain in effect until final payment, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work. In addition, Contractor shall maintain such completed operations insurance for at least two years after final payment, and furnish Owner with evidence of continuation of such insurance at final payment and one year thereafter. Insurance coverages shall be as follows: Claims under Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; General Conditions Page 11 F:\Old courtHouseUockerContr.wpd Claims for damage because of bodily injury, sickness or disease, or death of any person other than his employees, and claims insured by usual personal injury liability coverage; and Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. Contractor's Liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor with respect to all Work performed by them under the agreement (construction contract). Contractor's Protective Liability Insurance issued to and covering the liability for damages imposed bylaw upon the Contractorand each subcontractorwith respect to all Work under the agreement (construction contract) performed for the Contractor by subcontractors. Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor arising between the date of final cessation of the Work, and the date of final acceptance thereof out of that part of the Work performed by each. Comprehensive Automobile Insurance shall be carved in the amount of $500,000/$1,000,000 for bodily injury and $500,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. The Contractor shall in addition, and in the amounts required under the above, obtain protective Liability Insurance issued to and covering the liabilityfordamages imposed by law upon the Owner with respect to all operations under the construction contract by the Contractor or his subcontractors, including omissions and supervisory acts by the Owner. Builder's Risk Insurance: Insofar as the Work to be performed under this contract consists entirely of new construction removed and separated from any existing facility used by Owner, Contractor shall procure and maintain, for the duration of the Work of this project, Builder's Risk Insurance, including the perils of fire, extended coverage (loss due to vehicles, explosion, wind, flood, riot, etc.), vandalism and malicious mischief, and special extended coverage (loss due to falling objects, collapse, water damage from faulty or leaking systems, etc.) in the full amount of the contract price plus the cost of authorized extras. Said amount of insurance coverage shall be considered to coverthe insurable value ofthe Work General Conditions Page 12 F:\Old courtHouseUockerContr.wpd • underthis contractwhich is considered not to exceed one hundred percent (100%) of the amount of this contract and authorized extras. Such policy shall not insure any tools or equipment, or temporary structures erected at the site and belonging to any person or persons, or their subcontractors who are obliged by contract with the Owner to do Work on the projects. Comprehensive Risk Policy Option: In lieu ofthe several policies specified for Contractor's Liability Insurance, a comprehensive liability and property damage insurance policy inclusive of all the insurance and requirements herein set forth, subject to the approval of the Owner, will be permissible. Insurance covering claims for damages to persons or property required by the preceding paragraph shall be in the following minimum amounts: Bodily Injury Liability: Each Person: $ 500,000 Each Accident or Occurrence: $1,000,000 Property Damage Liability: Each Accident or Occurrence: $ 500,000 Aggregate: $1,000,000 Insurance shall be placed jointly in the names of the Owner, Contractor, and any and all subcontractors, and any and all others obliged by contract with the Owner to do Work on this project, and, at the Owner's option, any other person or persons whom the Owner deems to have an insurable interest in said property, or any.part thereof, payable as their several interests may appear. Any proceeds obtained from insurance provided for by this paragraph shall be paid to and held by the Owner as trustee. The Owner shall have the right to withhold payment of such proceeds until such time as the Work destroyed or damaged and covered by such insurance shall be reconstructed and shall pay such proceeds on an installment basis similar to that provided for by progress payments covering the original Work. Certificates of Insurance: Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certfcates shall contain provisions naming the Owner as an additional insured under Contractor's insurance, as more fully required by the General Conditions herein, and that coverage afforded underthe policies will not be cancelled until at least thirty days prior written notice has been given the Owner. Contractor and his subcontractors shall not permit any of his subcontractors to start Work until all required insurance have been obtained and certificates with the proper endorsements have been filed with the Owner. Failure of the Contractorto complywith the foregoing insurance requirements shall in no way waive the Owner'S rights hereunder. General Conditions Page 13 F:\Old courtHouseUockerContr.wpd 15. The Owner, at his option, may purchase and maintain such liability insurance as will protect him against claims which may arise from operations under this contract. Purchasing and maintaining such insurance, however, will not relieve the Contractorfrom purchasing and maintaining the insurance hereinbefore specified. 16. Before permitting any of his subcontractors to perform any Work under this contract, Contractor shall either (a) require each of his subcontractors to procure and maintain during the life of his subcontracts, Subcontractor's Public Liability and Property Damage Insurance of the types and in the amounts as may be applicable to his Work, which type and amounts shall be subject to the approval of the Owner, or (b) insure the activities of his subcontractors in his own policy. 17. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless Owner, its board, commissioners, employees and the agents of any of them, from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance or nonperformance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 18. After execution of the Agreement, changes in the Work may be accomplished by Change Order or by order for a minor change in the Work. Owner, without invalidating the Agreement, may order changes in the Work within the general scope of the Agreement consisting of additions, deletions or other revisions. a. No Change Orders or other form of order or directive which requires additional compensable work to be performed may be issued or be effective unless accompanied by a written assurance to the Contractor that lawful appropriations to cover the costs of the additional work have been made. b. A Change Order shall be a written order to the Contractor signed by Owner to change the Work. General Conditions Page 14 F:\Old courtHouse\IockerContr.wpd c. Owner will have authority to order minor changes in the Work not involving changes in the Contract Price orthe Contract Time. Such changes shall be written orders and shall be binding on the Contractor and Owner. Contractor shall carry out such written orders promptly. 19. Progress Payments: Not more often than once a month, or upon completion if the Work is performed in under a month, Contractor shall submit to Owner an application for payment filled out and signed by Contractor covering the work completed as of the date of the application, and accompanied by such supporting documentation as Owner may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the work, but delivered and suitably stored at the site or at another location agreed to in writing, the application for payment shall also be accompanied by such data, satisfactory to Owner, as will establish Owner's title to the material and equipment, and protect Owner's interest therein, including applicable insurance. Each subsequent application for payment shall include an afFdavit of Contractor stating that all previous progress payments received on account of the work have been applied to discharge in full all of Contractor's obligations reflected in prior applications for payment. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Owner will, within ten days after receipt of each application for payment, either indicate in writing a recommendation of payment, or return the application to Contractor indicating in writing its reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the application. Owner shall, within twenty days of recommendation of payment, pay Contractor the amount recommended, except that final payment will be made pursuant to sections 20 and 22 hereunder. The Contractorshall maintain comprehensive, complete and accurate records and accounts of its performance relating to this Agreement for a period of three (3) years following final payment hereunder, which period shall be extended at Owner's reasonable requests. Owner shall have the right within such period to inspect such books, records and documents upon demand, with reasonable notice and at a reasonable time. 20. Final Payment: Upon written notice from Contractor that the work is complete, Owner will make a final inspection with Contractor, and will notify Contractor in writing of all particulars in General Conditions Page 15 F:\Old courtHouseUockerContr.wpd which this inspection reveals that the work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. After Contractor has completed all such corrections to the satisfaction of Owner, and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked-up record documents or as-built drawings covering all of the Work, Contractor may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied by all documentation called for in the contract documents, and such other data and schedules as Owner may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of all liens. arising out of, or filed in connection with the work. In lieu thereof, and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material, and equipment for which lien could be filed, and that all payrolls, material, and equipment bills, and other indebtedness connected with the work, for which Owner or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the. surety, if any, to final payment. If any subcontractor, manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any lien. 21. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any application for payment, whether incorporated in the projector not, will pass to Owner at the time of payment free and clear of all liens, claims, security interests, and encumbrances (in these General Conditions referred to as "Liens"). 22. Final payment shall not become due until Contractor submits to Owner releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests or encumbrances arising out of the Work. Final payment is subject to the Final Settlement requirements and time periods set forth in C.R.S. §38-26-107. 23. Contractor's obligation to perform and complete the Work in accordance with the contract documents shall be absolute. Neither the recommendation of any progress or final payment nor the payment by Owner to Contractor under the contract documents, nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner, nor any failure to do so, nor any correction of defective Work by Owner shall constitute an acceptance of Work not in accordance with the contract documents or a release of Contractor's obligation to perform the Work in accordance with the contract documents. General Conditions Page 16 F:\Old courtHouse\IockerContr.wpd ~ ! 24. If Contractor fails to correct Work which is not in accordance with the Agreement, the Owner may direct the Contractor to stop the Work until the correction is made. 25. If Contractor defaults or neglects to carry outthe Work in accordance with the Agreement and fails within a seven day period after receipt of written notice from the Owner to correct such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, the Agreement may be terminated by Owner or a Change Order shall be issued deducting the cost of correction from payments due the Contractor. 26. The Contractorshall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Agreement. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may be liable. 27. Contractor shall promptly correct Work rejected by Owner as failing to conform to the requirements of the Agreement and Contractor shall bear the cost of correcting such rejected Work. 28. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. If, within one year after the date of completion, or such longer period of time as may be set forth in the Agreement (including the Bid), prescribed bylaw, prescribed by the terms of any applicable warranty given by a materials supplier or required by or a part of the Agreement, any Work is found to be defective, Contractor shall promptly, without cost to Owner, and in accordance with Owner's written instructions, either correct such defective Work, or, if it has been rejected by Owner, remove it from the site, and replace it with non-defective work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. 29. CONTRACTOR shall promptly notify OWNER in writing of any latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the contract documents. General Conditions Page 17 F:\Old courWousellockerContr.wpd 30. The performance of the Work may be terminated at any time in whole, orfrom time to time in part, by Owner for its convenience. Any such termination shall be effected by delivery to Contractor of a written notice ("Notice of Termination")specifying the extent to which performance of the Work is terminated and the date upon which termination becomes effective. After receipt of a Notice of Termination, and except as otherwise directed by Owner, Contractor shall, in good faith, and to the best of its ability, do all things necessary, in the light of~such notice and of such requests in implementation thereof as Owner may make, to assure the efficient, proper closeout of the terminated Work (including the protection of Owner's property). Among other things, Contractor shall, except as otherwise directed or approved by Owner: a. stop the Work on the date and to the extent specified in the Notice of Termination; b. place no further orders or subcontracts for services, equipment or materials except as may be necessary for completion of such portion of the Work as is not terminated; c. terminate all orders and subcontracts to the extent that they relate to the performance of Work terminated by the Notice of Termination; d. assign to Owner, in the manner and to the extent directed by it, all of the right, title and interest of Contractor under the orders or subcontracts so terminated, in which case Owner shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; e. with the approval of Owner, settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts; and f. deliver to Owner, when and as directed by Owner, all documents and all property which, if the Work had been completed, Contractor would be required to account for or deliver to Owner, and transfer title to such property to Owner to the extent not already transferred. In the event of such termination, there shall be an equitable reduction of the Contract Price to reflect the reduction in the Work and no cost, unless it relates to canying out the unterminated portion of the Work or taking closeout measures. General Conditions Page 18 F:\Old courtHouseVockerContr.wpd • SPECIFICATIONS DRAWINGS i General Conditions Page 19 F:101d courtHouseVockerContr.wpd Mir i?6 03 [79:14a Plumb Kendall Inc. 9703283324 • PLUMS ~•ND.,~{.1. ~aNyT~UGTIoN ~oMpL~.T~. BUII.DiNCI yl~-R~~S Construction Proposal March 19, 2003 gage 1 of 1 p.2 To: Michael Cirkovic Eagle County Facilities Management P.O. Box 850 >ragle, Colorado 81631 970-328-8882 970-328-8899 FAX From: Alex Mintlitlg Plutub Kcnciall Canstruc:tiou P.O. 13ox 408 iragle, Colorado 81631 970-328-3355 970-390-9755 We hereby Propose to famish anci install all the material and labor necessary for the cona~tntction of the Eagle County Locker Roam Addition, Located at the "Old Court Douse" Eagle, Colorado. This work to be completed per plans and Specifications: Sheets A1.1, AZ.1, M2.1,1~.1, and site Yisik For Tb-¢ Lump Sulu Price Ot :..................................... $65,506.U0 nvc>uuuLS: Al[ Auto, Liability, Workers Cotnpeasation Insurance 1'he above mer-doned items to be built W pee plans :in+1 aPecificsltions providc~i to PKC All temporary facilities. portable toilets, trash reruuval, temporary power Exci.uvLS: General building permit, nuscellaneous fees. Archite:cnual, strurtur-al, utechanical ar electrical design Sec exclusions nn Division summuy sheets attached. eLAI~ tcATrolvs: This aocunient should inrltuie- c?ne Page Construction Schedule-Gantt Chart, One Page Division Sunutlary, Ten Pages at Division Bru~kdown-Div Ol, Uiv 07, Div U9, Div 15, Div 1G. Value enbin~~:ring upon request. See "Note° scxtion on Division summary sheets attached. SCHEDUI,L: To &: Ueternuned (prc~vid~~d upon n~nr_st) 'I ERIVIS: This proposal is valid COr 30 days. Submitted by:~ - Date: ~/~°/~U~_ Alex 1Vlintliug, President PKC Accepted by: pate= .. ._ ..... .. , : ~ ~ ,, ~ ~ > ~ u~,....., o~n.z ~F_ t-tSS f-.TY ~7O-.ilti-331 Mar 26 03 O9:14a Plumb Kendall Inc. 9703283324 p.3 • Plumb Kendall Construction -Division Summa For F_a le Coun Locker Room Remodel 3/18 01 General Conditions $8,880 07 Thermal 8~ Moisture $1,140 09 Finishes $36,252 15 Mechanical $15,034 16 ~ectrlcal ~ $1,200 $65,506 r7~r zs o3 U:1:14a Plumb Kendall Ino. 9703283324 p.4 • • 1 ~ • ' l Plumb Kendall Construction -Division Summa for Ea le Coun Locker Room Remodel 3!18/03 Ifem/Description Ctly Unit Unit Price Tobl Mobilization ~ 1.0 LS Dempster and Trash 1.0 Mth Project Management 1.0 Mth Superintendant 1.0 Mth General Labar/Cleanup 1.0 Mth Punch ~.ist ~ 1.0 LS Warranty ~ 1.0 LS Construction Clean 1.0 LS Overhead 1.0 Mth Profit ~ 1.0 LS $9,880.00 Mar 26 03 09:14a Plumb Kendall Inc. 9703283324 p.5 • 1 ~ ~ ~ Plumb Kendall Construction - bivision Summa For t=a le Coun Locker Room Remodel 3119103 Item/DeSCrlption tatty Unlt Unit F'rice Total Insulation 1.0 L.S. Caulking 1.0 L.S. $1,140.00 Note: Mir 26 03 09:15a Plumb Kendall Inc. 9703293324 w p.6 ,- ~ ,. Plumb Kendall Construction -Division Summa For ~a le Coun Locker Room Remodel 3/19103 Itent/Descrlption (try Unit Unit Pricc Total FraminglDrywall 1.00 Pkg BackoutlBfocking 1.00 Pkg Floor and Wall Tile h.0o Pkg Counter Tops 1.00 Pkg Plastic Laminate Bench Seat 1.00 Pkg Interior Paint 1.q0 Pky Toilet and Bath Accessories 1.00 Pkg Toilet Partitians/Doors 1.00 Pkg Mirrors x.00 Ls Lockers 1.00 LS $36,252.00 Note: 1. Allowance For Lockers $2,500.00 Inctudcd in r'rice. Mer 26 03 09:15a Plumb Kendall Inc. i Plumb Kendall Construction -Division Summai Item/Description ~ty Mechanical Permits 1.00 Plumbing 1-q0 Plumbing Fixtures "i•00 HVAC 1.00 Sprinkler Modification 1.00 9703283324 p.7 For ~aa~ie County Locker Room Remodel 3/19/03 Unit Unit Price Total LS LS LS LS LS 515,034.80 Note: 1. Excludes under slab re-routing of plumbing. Mir 26 03 09:15a Plumb Kendall Inc. 9703283324 p.8 plumb Kandall Construction -Division Summa Fir Ea le C~un Laeker Room Remodel 3/19/03 Item/Description city Unit Unit Pricc Tvtai Electrical Permit 1 •~ ~ Power and lighting per plan 1.00 LS Fire alarm Strobe 1.00 Ls $4,200.00 Note: 1. Alternate Deduct <$600.00? if two additional strobes are eleminated (code may not require)