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HomeMy WebLinkAboutC04-371 Custom House Construction CorporationCoif -~3~1- 2Z AGREEMENT FOR IMPROVEMENTS TO EDWARDS COMMUNITY CENTER THIS AGREEMENT, made and entered into this 16th day of November, 2004, by and between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners ("County") and Custom House Construction Corporation, a Colorado corporation ("Contractor"). RECITALS WHEREAS, County desires the services of a qualified Contractor to perform renovations and construct certain improvements to the Edwards Community Center; and WHEREAS, Contractor has submitted a Bid Proposal to County for such work and desires to provide these services in accordance with the terms and conditions as set forth in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties agree as follows: 1. Scope of the Work: The Work shall be comprised of the tasks all as described in the Contractor Specification List attached hereto as "Exhibit A" and incorporated by reference and the Custom House Construction Corporation Bid Proposal attached hereto as "Exhibit B" and incorporated by reference. 2. Contractor's Performance: Contractor shall be responsible for the completeness and accuracy of the Work, supporting data and other documents prepared or compiled in performance of the Work, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that County has accepted or approved Contractor's Work shall not relieve Contractor of any of its responsibilities. Contractor 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, as the case may be with respect to similar work in this area and this time of the project. 3. Time of Performance: Contractor shall commence the Work within five (5) business days after the date of this Agreement. All work shall be completed no later than December 27, 2004. 4. Compensation and Payment: In consideration of its performance of the scope of work, Contractor shall be paid a total fixed price of $16,379.00 (Sixteen Thousand Three Hundred Seventy Nine Dollars and No Cents). Payment shall be made in accordance with the following: a. Contractor shall submit to County a final invoice no later than December 27, 2004, at completion of the Work. Upon completion of the Work and receipt of invoice, County shall pay all proper charges within thirty (30) days of receipt. b. The parties hereto recognize that the scope of the Work may change. When Contractor believes that the scope of the Work has been changed or that by reason of a decision of County it will be required to redo properly completed Work, Contractor shall immediately advise County of such belief and shall also I~rovide a statement of the maximum additional charges for such work. Contractor shall not be entitled to be paid for any such additional work unless and until County agrees in writing that the scope of the Work has changed and accepts the statement of the maximum additional charges. c. Additional services, if required beyond the scope of work, shall be separately negotiated and agreed to by both the County and Contractor prior to the Contractor performing the additional service. 5. Liquidated Damages: County and Contractor recognize that time is of the essence of this Agreement and that County will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 3 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving at a legal or arbitration proceeding the actual loss suffered by County if the Work is not substantially complete on time. Accordingly, instead of requiring such proof, County and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay County Three Hundred dollars ($300.00) for each day that expires after the time specified in Paragraph 3 for completion until the Work is complete. 6. Project Mana e~ Kevin Mowder shall be designated as Contractor's Project Manager for the Work. Kathleen Forinash shall be County's Manager responsible for this Agreement. All correspondence between the parties hereto regarding this project shall be between and among the project managers. Either party may designate a different project manager by notice in writing. 7. 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 agent, 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 Contractor's agents, employees, servants and subcontractors during the performance of this Agreement. 8. Ownership of Documents: All documents which are obtained during or prepared in the performance of the Work are copyrighted and shall remain the property of the County and are to be delivered to County's project manager before final payment is made to Contractor or upon earlier termination of this Agreement. 9. Confidentiality: Contractor acknowledges that it may receive confidential information from County for use in connection with its performance of the Work. Contractor further acknowledges that it may in the performance of the Work develop information, including facts, data, and opinions, which are, or in County's judgment should be, confidential or limited in terms of dissemination. Contractor shall take all precautions necessary to maintain and protect the confidentiality of any such information and to ensure that it shall be used only for the purposes of the Work. All facts, data, and opinions developed by Contractor in the course of its performance of the Work shall be deemed to belong to Co~inty and no such facts, data, or opinions shall be disseminated to anyone for any purpose without County's express written consent. Upon completion of the Work, Contractor shall return to County all unused material County supplied in connection with the performance of the Work. 10. No Assi ng ment: The parties to this Agreement recognize that the services to be provided pursuant to this Agreement are professional in nature and that in entering into this Agreement, County is relying upon the personal services and reputation of Custom House Construction Corporation. Therefore, Contractor may not assign its interest in the Agreement, including the assignment of any rights or delegation of any obligations provided therein, without the prior written consent of County, which consent County may withhold in its sole discretion. Except as so provided, this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective successors and assigns, and shall not be deemed to be for the benefit of or enforceable by any third party. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 11. Notices: Any notice and all written communications required under this Agreement shall be given by personal delivery, courier delivery, facsimile transmission together with a "hard copy" by United States mail, or first class mail, to the appropriate party at the following addresses: County: Eagle County Health and Human Services Attn: Kathleen Forinash P.O. Box 660 Eagle, CO 81631 Phone: 970-328-8840 Fax: 970-328-8829 and County Attorney P.O. Box 850 500 Broadway Eagle, CO 81631 Phone: 970-328-8685 Fax: 970-328-8699 Contractor: Custom House Construction Corporation Attn: Kevin Mowder P.O. Box 3026 Eagle, CO 81631 Phone: 970-904-2158 Notice shall be deemed given on the first to occur of delivery, transmission by facsimile (if tran,:rnitted during customary business hours, or the following business day if not), or three (3) calendar days after deposit in the mails, as applicable. 12. Miscellaneous: a. Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement on the basis of race, color, religion, national origin, sex, ancestry, physical handicap, sexual orientation, age, political affiliation, or family responsibility. Contractor shall require all subcontractors to agree to the provisions of this subparagraph. b. The making, execution and delivery of this Agreement by the parties hereto has not been induced by any prior or contemporaneous representation, statement, warranty or agreement as to any matter other than those herein expressed. This Agreement, including Exhibit "A", Contractor Specification List, Exhibit "B", Bid Progosal, and Exhibit "C", General Conditions, embodies the entire understanding and agreement of the parties, and there are no further or other agreements or understandings, written or oral, in effect between them relating to the subject matter hereof. This Agreement may not be amended, including by any modification of, deletion from or addition to the Scope of Work, except by a written document of equal formality executed by both parties hereto. c. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado, without reference to choice of law rules. The parties agree that venue in any action to enforce or interpret this Agreement shall be in the District Court in the Fifth District for the State of Colorado. d. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. 13. Budg_et/Appropriation: Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement, nor shall any payment be made to Contractor in respect of any period after any December 31 of each calendar year during the term of this Agreement, without an appropriation therefor by County in accordance with a budget adopted by the Board of Eagle County Commissioners in compliance with applicable provisions of law. 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. `",~, °~ \ z u -~ w '~ .. n / ~. - ---- T ~ ~~Z~i'"~„ Tea J. Simonton, Clerk to the Bo d of County Commissioners STATE OF COLORADO) ss COUNTY OF EAGLE ) COUNTY OF EAGLE, STATE OF COLORADO, BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS Tom Sto ,Chairman CUSTOM HOUSE CONSTRUCTION CORPORATION ("Contractor") By: ~!v Name: ~~Plfl~ ~.~"lil-~0~.~.~ Title: ~~(~~, The foregoin was acknowledged before me this ~ day of , 2004, by ~a-t~-cr~ ~N as ~~u~[.,~.,tL- of WITNESS my hand and official seal My Commission expires to i ~ ot, Notary Public EXHIBIT A Gontractor Specsfication list for EHS at the Edwards Gommunity Genter Contractor will purchase and install in kitchen (copy & work room): - Refrigerator with Top Freezer. Minimum 18 cu ft. Adequate refrigeration at 41 °or below . - Built in dishwasher equipped with a heat sanitizing cycle that reaches a minimum of 150 ° F. - Medium sized Microwave oven (counter or under cabinet acceptable) - 30 inch Electric Standard Self Cleaning Range -Stove with electronic clock and timer - Appropriate hood for the range-stove - Any needed plumbing or electrical to support kitchen - Remount supplied doors on one existing cabinet. Move one upper cabinet if needed for stove installation. Other existing cabinets amain. . - Cover old exhaust fan. ~ . . - NOTE: A one unit oven/stove/microwave/hood is acceptable. - Install owner supplied 4' lower cabinet: contractor will provide a Formica top for the cabinet. Room 107 - Replace 2 baseboard heaters (one 6' and one $') with a child safe model. (Contractor will supply materials.) - Lower floor outlet to be flush with existing floor. . - Supply and install 12°x12p linoleum tiles in a 6'x13' area - Install following materials to be supplied by owner: • Install one 5 foot wall mounted cubby • Install 2 -~ threes foot wall mounted shelves • Install wall mounted magazine rack • Install 3'x3` dry erase/magnet board • Install 4' coat hook strip Women's Bathroom - Install wall-mounted diaper changing table supplied by owner Small Storage room: - Assemble 2- 5'x5' heavy duty storage shelves supplied by owner Playground/Outdoor area: - Supply and install a gate from southwest corner of building to fenced area - Add small step to the ground off the fire exit door of Rm. 107 - Safe surfacing: Price two options separately • Playground Wood chips entire area (include wood chips at a depth of 12" and installation) or • Concrete pad flush with grade 18' x 30', include all costs and installation of owner supplied rubber the on top of concrete - Installation of owner supplied in-ground custom shade structure 18'x30'x8' C:1Documents and Settings\woodsxrm.000\Local SettingslTemporary Internet Files\Content.IE51674RSBUD\Gontractor Specification list for EHS at the Edwards Community Center[1].doc - Installation of owner supplied custom shade structure in-ground mounted 12'x12' dome over sand box - Assemble 2 owner supplied metal benches and one picnic table A FIII sandbox with child-safe, contractor provided sand Optional item: Price separately: - Install small sink in comer of Rm. 107. Contractor to supply all equipment, supplies and plumbing needed. - Replace corruga#ed metal cover to the crawl space access with appropriate, child-safe cover. ADDITIONAL NOTES: - Bid price needed by November 8, 2004 in the office of Rita Woods (FAX 970/328-8809 or 500 Broadway, Eagle, CO.81631. Phone 970!328-8817) - Specification of equipment to be provided by contractor included in bid - Price playground surface costs separately as well as optional item. - Work to be completed by December 27, 2004 (based on availability of owner supplied materials) - Necessary permits will be supplied by contractor. C:\Documents and Settingslwoodsxrm.000\Local Settings\Temporary Internet Files\Content.IES\674RSBUD\Contractor Specification list for EHS at the Edwards Community Center[1].doc NOV-09-2004 16:53 FROM: CHC CHC CUSTOM SOUSE COt~r1WCrlorl Cf1RPpRA77oN EXHIBIT ,,,~~ Bid Proposal for EHS at th• Edwards Community Center Kitchen Refrigerator with Top Freezer. To inGude shipping, taxes 8 installation. 425.00 Suitt-in dishwater. To include shipping, taxes 8 installation. 375.00 Venting Microwave over Range. To include shipping, taxes 8 installation. 385.00 30" FJectric self-cleaning Range. To include shipping, taxes 8 installation. 480.00 All required plumbing 8 electrical work to support Kitchen 875 00 Carpentry. 875.00 Room 107 S 3,385.00 +~ Replace 2 baseboard heaters (1) B' and (1) 8' with child safe heaters. 600,00 Lower floor outlet to be flush with existing floor. 65.00 Supply and install 12x12 linoleum tiles in a 6'x13' area. 350.00 Install owner supplied materials. 520.00 (1) 5' wall mounted cabby - (2) 3' wall mounted shelves. (1) wall mounted magazine rack - (1) 3'x3' dry erase board (1) 4' coat hook strip. S 1,535.00 ~I: Women's Bathroom Install wall-mounted diaper changing table supplied by Owner. ; ~.~ ~ Small Storage Room Assemble (2) 2x5 heavy duty storage shelves supplied by Owner. S 130.00 Playground/Outdoor Area; Supply and install a gate from southwest corner of building to fenced area 300 00 ~ Add two small steps to the ground off the fire exit door of Rm 107 . . Safe surfacing; 150.00 ~ or Piaypround wood chips entire aroa to depth of 12" 780 00 or Excavation, haohoff, slab prep, materials 8 labor for eonr~te pad . d,~p~Op ~ Installation of owner supplied rubber file 1 080 00 ~k Installation of owner supplied in-ground custom shade structure , . 2 000 00 ~; • Installation of owner supplied dome over sand box , . , 800 00 Assemble (2) owner supplied metal benches and one picnic table . 250 00 ~ Fill sandbox with child-safe, contractor provided sand . 250.00 ~ ~ 9,640.00 Optional Items: Install small sink in comer of Rm. 107. Contractor to supply all materials. S 250.00 Replace corrugated metal cover to the crawl space with child-safe cover. 3 250.00 ~ Fence around basketball court. S 2,685.00 15% Co,~-n¢ncro~'S -fE ~ Z f 134. Op Contractor to complete all work on a Time d Materials basis w/th a contractors fee of 75%, Please contact Kevin at (910) 904-2158 for further discussion. ~ 7'0 ~ u ~ ~ -b,3'14.0 O 9703288829 P.2~2 EXHIBIT C GENERAL CONDITIONS 1. Contractor shall provide and pay for labor, specified materials, equipment, tools, licenses, transp~}rtation, and other facilities and services necessary for proper execution and completion of the Wcr~c. 2. 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 County. County assumes no responsibility for any understanding or representations concerning conditions made by any of its officers and employees prior to the execution of this Agreement, unless such understanding or representations are expressly stated in the Agreement. 3. Before commencing activities, Contractor shall: (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to Contractor with the Agreement; and (3) promptly report errors, inconsistencies or omissions discovered to County. 4. Contractor shall supervise and direct the Work. Contractor shall be solely responsible for coordinating all portions of the Work. 5. Contractor, as soon as practicable, shall furnish in writing to the County the names of subcontractors and suppliers for each portion of the Work. 6. 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 County. In any event, County may grant an extension of time for the completion of the Work, provided it is satisfied that delays or hindrances were due to causes outside Contractor's control, e.g., weather, or to acts of omission or commission by County, 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 County immediate (as determined by the circumstances, but not exceeding 48 hours) notice in writing of the cause of the detention or delay. 7. Contractor warrants to County that the Work will conform to the requirements of the Agreement. 8. Contractor's Insurance: Contractor shall purchase and maintain in a company or companies to which County has no reasonable objection such insurance as will protect Contractor and County from claims which may arise out of or result from Contractor's operations under the Agreement, 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 maybe liable. The insurance required shall be written for not less than any limits of liability required by law or by those set forth below, whichever is greater. All such insurance shall be written by companies authorized to do insurance business in the State of Colorado. a. Workmen's Compensation including occupational disease, and Employer's Liability Insurance in amounts and coverage as required by the laws of Colorado. b. Comprehensive General Liability Insurance -Contractor shall maintain a Comprehensive General Liability Form of Insurance with bodily injury liability limits of $500,000 for any one (1) person in any one occurrence and $1,000,000 for two (2) or more persons in any one occurrence and with property damage liability limits of $500,000 in any one occurrence. Certificates of Insurance: Certificates of Insurance acceptable to County shall be filed with County prior to commencement of the Work. These Certificates shall contain provisions naming County as an additional insured under Contractor's insurance, and that coverage afforded under the policies will not be canceled until at least thirty (30) days prior written notice has been given County. 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 County. Failure of the Contractor to comply with the foregoing insurance requirements shall in no way waive County's rights hereunder. Subcontractors: 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, insurance of the types and in the amounts as maybe applicable to his Work, which type and amounts shall be subject to the approval of County, or (b) insure the activities of his subcontractors in his own policy. 9. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless County, its board, commissioners and employees, from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance 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 by negligent acts or omissions of the Contractor, anyone directly or indirectly employed by them or anyone for whose acts they maybe liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 10. After execution of the Agreement, changes in the Work maybe accomplished by Change Order. County, 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 maybe 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 County to change the Work. 11. Contractor warrants and guarantees that all work, materials, and equipment covered by any application for payment, whether incorporated in the project or not, will pass to County at the time of payment free and clear of all liens, claims, security interests, and encumbrances (in these General Conditions referred to as "Liens"). 12. Final payment is subject to the Final Settlement requirements and time periods set forth in C.R.S. §38-26-107. 13. 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 County to Contractor under the contract documents, nor any use or occupancy of the Work or any part thereof by County, nor any act of acceptance by County, nor any failure to do so, nor any correction of defective Work by County 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. 14. If Contractor fails to correct Work which is not in accordance with the Agreement, County may direct the Contractor to stop the Work until the correction is made. 15. If Contractor defaults or neglects to carry out the Work in accordance with the Agreement and fails within a seven (7) day period after receipt of written notice from County to correct such default or neglect with diligence and promptness, County may, without prejudice to other remedies, correct such deficiencies. In such case, the Agreement maybe terminated by County or a Change Order shall be issued deducting the cost of correction from payments due the Contractor. 16. Contractor shall promptly correct Work rej ected by County as failing to conform to the requirements of the Agreement and Contractor shall bear the cast of correcting such rejected Work. 17. Contractor warrants and guarantees to County that all Work will be in accordance with the Contract Documents. 18. County may terminate this Agreement, in whole or in part, for its convenience upon providing written notice, by delivery or by mail, to Contractor. Upon such termination, County shall be liable only for Work satisfactorily completed prior to the notice and for unavoidable expenses directly incurred for performance of those parts of the Work which have not been satisfactorily completed, provided that, at its sole option, County may require that Contractor complete particular tasks or subtasks on a time and reimbursable expenses basis. Upon termination Contractor shall deliver to County all photographs, drawings, illustrations, text, data, and other documents entirely or partially completed, together with all material supplied to Contractor by County. Payment will be due within thirty (30) days after Contractor has delivered the last of the partially completed documents, together with any records that maybe required to determine the amount due. 19. In the event of any conflict between the provisions of these General Conditions and the Agreement, the terms of the Agreement shall control.