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HomeMy WebLinkAboutC07-197 Evans Chaffee Construction GroupAGREEMENT FOR CONSTRUCTION PROJECT NAME: Golden Eagle Apartment Construction THIS AGREEMENT is dated as of the 10k day of April, in the year 2007 by and between Board of County Commissioners Eagle County, Colorado (hereinafter called "Owner" or "County") and Evans Chaffee Construction Group (hereinafter called "Contractor") Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: ARTICLE 1 - WORK 1.1 Contractor shall complete all work in the Contract Documents as set forth in article 8 and which are incorporated herein by reference. The work is generally described as follows: Provide all labor, tools, materials and services to construct the 14 -unit low income senior apartment project at the Golden Eagle Senior Apartments, Eagle, Colorado, as further described and identified in plans, specifications and contract documents hereof (hereinafter "Work" or "Project"). 1.2 Contractor shall furnish labor and services (1) which expeditiously, economically and properly complete its particular scope of the Work in the manner most consistent with the County's interests and objectives, (2) in accordance with the Construction Documents, and (3) in accordance with the industry standards currently practiced by persons and entities performing comparable labor and services on projects similar in size, complexity and cost in the State where the Project is located. 1.3 Contractor expressly recognizes that this Project must be completed within the time and fiscal constraints as set forth throughout this Agreement. Contractor further represents to the County that, by executing this Agreement, it has been fully informed and has thoroughly reviewed: the goals of the Project; the design of the Architect performed to date for the Project; the time schedule as well as fiscal constraints and contingencies of the Project; all of the Exhibits and documents attached to this Agreement, and incorporated herein by reference; and, all of the services to be provided by the Contractor pursuant to the Contract Documents. Based upon this review and analysis, the Contractor represents to the County that it will provide all of the necessary services and perform all of the Work within the requirements of the Contract Documents. 1.4 The Work shall include, but is not limited to, the following: A. Meeting Attendance: Meet regularly with the County and Architect to discuss progress, present material and information and respond to questions regarding the Project. The Contractor will be responsible for submitting to County and the Architect, within five working days, the minutes of all meetings during the construction phase. Schedule and conduct weekly progress meetings at which subcontractors, County, Architect and Contractor can discuss jointly such matters as progress, problems and scheduling. Provide a detailed schedule for the operation of the Contractor and subcontractors on the project, including realistic activity sequences and durations, allocation of labor and materials, processing of shop drawings and samples and delivery of products requiring long lead-time procurement. B. Schedule: The schedule for this project shall be as attached herein and included as Exhibit "D". The schedule shall be consistent with the previously issued schedules, not exceed time limits current under the Contract Documents and shall be related to the entire project to the extent required by the Contract Documents. The schedule for the performance of the work shall be a Critical Path Method system. C. Project Construction Budget: Review the project budget and advise the County and the Architect if it appears that the Project Construction Budget will not be met and make recommendations for corrective action. The Contractor shall develop and monitor an effective system of Project cost control; incorporated approved changes as they occur; develop cash flow reports and forecasts as required; identify any variance between actual and budgeted costs within project budgets; advise the County project manager whenever projected costs are expected to vary from the projected budget and/or the Guaranteed Maximum Price, and continually monitor the cost estimates to assure that the Work remains within the applicable budget of the Guaranteed Maximum Price. D. Coordination of Contract Documents: Review the drawings and specifications recommending alternative solutions whenever design details affect construction feasibility of schedules. E. Plan Review: Review plans and specifications with the Architect and County. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Contract Documents. The Contractor will review the plans and specifications for coordination and completeness and will report any issues to the Owner and Architect for clarification and/or resolution as issues are found. The purpose of this review is to minimize change orders due to conflicts in the Construction Documents. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or made known to the Contractor shall be reported promptly to the Architect. Contractor's level of care in performing such review shall be that of a reasonable contractor performing similar reviews. Owner and Contractor acknowledge that the scope of the Work is limited by the plans and specifications and the Contractor makes no representation and 2 undertakes no additional duties to perform work not set forth in the plans and specifications, except asset forth herein. F. Labor: Analyze the types, quantity and availability of appropriate categories of labor required for various phases of the Project. G. Project Control: Monitor the Work of the subcontractors and coordinate the Work with the activities and responsibilities of the County and the Architect to complete the Project in accordance with the construction documents and the County's objectives of cost, time and quality. H. Organization: Establish on-site organization and lines of authority in order to carry out the overall plans of the Construction Documents. I. Communication: Establish procedures for coordination among the County, Architect, subcontractors and Contractor with respect to all aspects of the Project and implement such procedures. J. Monitoring: Provide regular monitoring of the schedule as construction progresses. Identify potential variances with the scheduled completion dates. Review schedule for Work not started or incomplete and recommend to the Architect and subcontractors adjustments in the schedule to meet the completion date. Provide summary reports of each monitoring and document all changes in schedule. Determine the adequacy of the subcontractors' personnel and equipment and the availability of materials and supplies to meet the schedule. K. Permits and Fees: Obtain all permits for permanent improvements unless noted otherwise in the Contractor's Inclusions/Exclusions. L. Staffing: The Contractor shall keep full time on the Project, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the County to coordinate and provide general direction of the work and progress of the subcontractors on the Project. The Contractor superintendent shall not be changed except with the consent of the County's Project Manager, such consent to not be unreasonably withheld. The Contractor Project Superintendent shall represent the Contractor in his/her absence and all written direction given to him/her shall be as binding as if given to the Contractor. The Contractor shall inspect the Work of the subcontractors at all stages and at final completion and shall guard the County against defects and deficiencies in such Work. The Contractor shall be responsible to the County for the acts and omissions of all its employees and agents and all other persons performing any of the Work under a contract with the County, for which the Contractor has supervisory or inspection responsibility hereunder. M. Safety: The Contractor shall be responsible for the safety of persons and property and for compliance with all federal, state and local statutes roles, regulations and orders applicable to the conduct of the Work. N. Shop Drawings and Samples: In collaboration with the Architect, establish and implement procedures for expediting the processing and approval of shop drawings and samples. These shall be reviewed by the Architect in a timely manner so as to not delay the project, but no less than 10 days from date of submission. O. Reports and Project Site Documents: Record the daily progress of the Project in a daily log available to the County, Project Manager and the Architect. Submit on a weekly basis written progress reports and summaries of meetings to the County and the Architect, including information on the subcontractors' Work, the actual cost vs. budgeted cost, actual construction point vs. projected schedule point, reasons for any discrepancies, the percentage of completion and the corrective actions to obtain compliance with time and cost schedules. K. Record Maintenance: Maintain at the Project site, on a current basis, records of all necessary contracts, shop drawings, samples, purchases, materials, equipment, maintenance and operating manuals and instructions and any other documents and revisions thereto which arise out of the Contract or the Work. Obtain data from subcontractors and maintain a current set of record drawings, specifications and operating manuals. At the completion of the Project, submit all such documents to the Architect for delivery to the Owner along with one complete set of "As Built." L. Project Completion: Determine Project Completion of designated portions of the Work and prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. ARTICLE 2 — OWNER'S REPRESENTATIVE 2.1 The project is under the authority of the Eagle County Facilities Project Management Department, the Manager of which, or his designee, shall be Owner's liaison with Contractor with respect to the performance of the Work. ARTICLE 3 - CONTRACT TIME 3.1 The work will commence on or before September 17, 2007, and be Substantially Completed on or before May 15, 2008. ARTICLE 4 - CONTRACT PRICE 4.1 The County has established a cost not to be exceeded ("Guaranteed Maximum Price") for the entire Work based on consultation with the Architect and the Contractor, which shall include contingencies. The funds appropriated for this Project are equal to or in excess of the Guaranteed Maximum Price amount. 4.2. The Guaranteed Maximum Price is $2,250,790.00 and the Contractor acknowledges that the County is limited by this sum to construct the entire Work. 4.3 Funds have been budgeted and appropriated for this Project. However, financial obligations of the County payable after the current fiscal year are contingent upon funds for the purpose being appropriated, budgeted, and otherwise made available. 4.4. In accordance with the conditions imposed in the appropriation or allocation authorizing the construction of the Project herein contemplated, the total cost for the Contractor's fee and all sums otherwise due the Contractor as the cost of construction, as set forth throughout this Agreement, are expressly subject to the foregoing limitations and nothing herein contained shall be construed or understood to commit the County to a total expense greater than that which is provided in the appropriation or allocation. The County agrees to provide evidence of the appropriation to the Contractor and will promptly provide notice of any change to the initial appropriation or allocation. Further, no funds appropriated or allocated for any other purpose shall be expended for this Project. The County agrees not to issue any directed Change Orders or Modifications which would cause the sums due the Contractor pursuant to this Agreement to exceed the appropriation or allocation for the Work nor shall the Contractor be required to undertake any acts that would cause sums due the Contractor to exceed the appropriation or allocation for the work unless mutually agreed to by the parties. No change order or other form of order or directive by the County, 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 the County that lawful appropriations to cover the costs of the additional work have been made or unless such work is covered under a remedy -granting provision in the Agreement. In no event shall the failure to appropriate funds subject the County to any liability for costs, fees or services not yet performed by Contractor or its subcontractors pursuant to this Agreement. 4.6. CONTRACTOR'S FEE 4.6.1. In consideration of the performance of this Agreement, the County shall pay the Contractor in current funds as compensation for its services, six percent (6%) of the Guaranteed Maximum Price (GMP), which shall be included as a fixed sum in the GMP. 4.6.2. Contractor's fee shall include all overhead and profit. Profit means before tax profit. On- site costs of construction and all direct project management costs will be considered a part of the costs of the work and these costs are not to be included in the fee. Costs to be included in the General Contractor's Fee shall include: a. Salaries and other compensation of the General Contractor's personnel stationed at the Contractor's principal office or offices other than the site office with the exception of the project management staff which will be stationed at the Contractor's home office; b. Expenses of the General Contractor's principal office and offices other than the site office with the exception of those expenses directly attributable to this project such as copies, blueprints, fedex or any other overnight service, US mail, etc.; C. Overhead and general expenses; d. The General Contractor's capital expenses, including interest on the General Contractor's capital employed for the Work; e. General Contractor profit. 4.7 ADJUSTMENT IN FEE 4.7.1. Adjustments in Fee shall be made as follows: If, after the initial Guaranteed Maximum Price (GMP) is accepted by the County, the County directs additions to or other changes made in the Work, the Contractor's fee shall be six percent (6%) if the GMP excluding bonds and insurance for the additional work. Change orders that decrease the GMP by less than seven percent (7%) in the aggregate shall not include a deduction in the Contractor's Fee. If the GMP is reduced by seven percent (7%) or more, the Contractor's Fee shall be reduced by the same percentage. Notwithstanding the foregoing, the Contractor's Fee will not be subject to reduction if the GMP can be reduced through the efforts of Contractor via procurement efforts or other cost saving construction methods. Abandonment or significant reduction in the scope or magnitude of the Project will result in a negotiated reduction of the fee. 4.7.2. Compensation paid or due and owing for preconstruction services under that Preconstruction Services Agreement dated June 27, 2006 shall be considered a part of the Contractor's fee for the Project and the amount of compensation paid under said Preconstruction Agreement shall be reimbursed to County in the form of an offset to future Contractor fees that may become due and owing Contractor hereunder. However, all direct reimbursable costs paid by Contractor during preconstruction such as blueprints, copies, overnight mail services, US mail, etc. will be reimbursed by the County to the Contractor and are not to be offset against the fee. 4.8. GUARANTEED MAXIMUM PRICE 4.8.1. It will be the Contractor's responsibility to maintain a total GMP that does not exceed $2,250,790.00. 4.8.2. The GMP shall include all of the Contractor's obligations to be performed pursuant to the terms of the Contract Documents and include, but not be limited to, all fees as set forth in Section 4.6 and the actual fees and costs as outlined below: a. Project Management staff for this Project will be stationed at the home office and shall be billed to the Project on a weekly or monthly basis at the rates shown on Exhibit "C". Rates set forth in Exhibit "C" shall remain in effect during the duration of the Agreement. b. Contractor's employees when stationed at the job site, in whatever capacity or on the road in expediting the production or transportation or materials or equipment required for the Work. Contractor will bill its employees to the Project at an hourly rate as described in Exhibit "C". The rates include salary, taxes, workers compensation insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions. C. Contractor miscellaneous costs as outlined in Exhibit "C" for truck and cell phone usage, general insurances, etc. d. The proportion of reasonable transportation, traveling and hotel expenses of the Contractor or of its officers or employees incurred in discharge of duties connected with the Work, if approved in advance by the County. e. Actual cost of all materials, supplies and equipment incorporated in the Work, including costs of transportation thereof. Also includes any material in excess of those actually installed but required to provide reasonable allowance for waste and spoilage. f. Actual payment made by the Contractor to subcontractors for work performed pursuant to contract under this Agreement. g. Actual cost, including transportation and maintenance, of all materials, supplies, equipment, temporary facilities and hand tools not owned by the workmen, which are employed or consumed in performance of the Work and costs less salvage value on such items used but not consumed which remain property of the Contractor. h. Actual rental charge of all necessary machinery and equipment, exclusive of hand tools, used at the site of the Work, whether rented from the Contractor or other, including installation, repairs and replacement, dismantling, removal, costs of lubrication, transportation and delivery costs thereof, at rental charges consistent with those prevailing in the area. Cost of the premiums for all bonds and insurance which are required by the Contract Documents. General Liability, Umbrella, Commercial Crime and Professional Liability Insurances will be billed at the rates as shown in Exhibit "C" and based on the total GMP of the contract. Equipment insurance will be billed at the rate as shown in Exhibit "C" on the total rental cost of the Equipment. Permit fees, licenses, tests and royalties. k. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressive and similar petty cash items in connection with the Work, including costs incurred at the field office or home office that are directly attributable to the Work such as blueprints, copies, overnight deliveries, Us mail, etc. Cost of removal of all debris. in. Cost incurred due to an emergency affecting the safety of person and property, to the extent not compensated by insurance or otherwise. n. Other costs incurred in the performance of the Work. o. All costs directly incurred in the performance of the Work and not included in the Contractor's Fee. P. Cost of construction support activities such as Work items included in the condition of the contract and in the specifications unless they are provided by contractors. q. Contingencies. Indirect costs (General Conditions). S. Contractor's fee. 4.8.3. On-site costs of construction will be considered a part of the cost of the Work and these costs are not to be included in the fee. All savings below the GMP shall be shared equally between the County and the Contractor. All costs set forth in this Article 4 and all other costs of the Work will be provided by the Contractor at cost, without further markup, and shall be secured through a competitive process whenever possible. Work performed by the Contractor's own forces (other than General Conditions/General Requirements) with the County's prior consent, shall be paid at actual cost plus _ % overhead. 4.8.4. The Guaranteed Maximum Price proposal shall: a. Set forth a stated dollar amount which may not be exceeded; b. Contain no conditions or exceptions except those as stated in the Estimated GMP dated 6/12/07 and attached hereto as Exhibit "A" and in the Inclusions/Exclusions sheet dated 6/14/07 and attached hereto as Exhibit "B"; Any allowances shall be contained in the GMP and stated as such in the GMP estimate dated 6/12/07 and attached hereto as Exhibit "A" and in the Inclusions/Exclusions sheet dated 6/14/07 and attached hereto as Exhibit "B". 4.8.5. The GMP includes General Conditions/General Requirements as shown in the GMP estimate dated 6/12/07 and attached herein as Exhibit "A". 4.9. Any project savings, below the Guaranteed Maximum Price, resulting from bidding of subcontractors and other costs of the work shall accrue to the Owner and Contractor equally. 4.10 Pursuant to the provisions of §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 Owner that lawful appropriations to cover the costs of the additional work have been made or unless such work is covered under a remedy -granting provision in the Agreement. 4.11 Funds for this project have been budgeted and appropriated. 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, 2007, 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.). 4.12 CLAIMS FOR ADDITIONAL COST 4.12.1 The GMP constitutes the total compensation payable to Contractor for performing the Work as described in the Contract Documents. All duties, responsibilities, and obligations assigned to or undertaken by Contractor shall be at his expense without change in the GMP. The GMP may only be changed by a change order. Any claim for an increase in the GMP shall be based on written notice delivered to Owner within fifteen (15) days of the occurrence of the event giving rise to the claim and in all cases before proceeding to execute the Work, except in an emergency endangering life or property. No such claim shall be valid unless so made. Any approved change in the GMP resulting from such claim shall be authorized by Change Order. 4.12.2 Contractor claims for additional cost are limited to changes made by written order of the Owner in the Work which cause the GMP to be exceeded. Adjustments in the GMP shall be made at the sole discretion of the Owner. Contractor's failure to discern conditions or circumstances that later increase their cost to complete the Project shall not be a basis for an adjustment to the GMP. ARTICLE 5 - LIQUIDATED DAMAGES 5.1 LIQUIDATED DAMAGES: Owner and Contractor recognize that time is of the essence of this agreement and that the 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. For purposes of this Agreement, Substantially Complete shall mean that date upon which a Temporary Certificate of Occupancy is granted for the entire project by the public entity having jurisdiction of the same. They also recognize the delays, expense, and difficulties involved in proving a legal or arbitration preceding the actual loss suffered by Owner if the Work is not 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) Contractor shall pay Owner two hundred dollars ($200.00) for each day that expires after the time specified in paragraph 3.1 for completion until the Work is complete. 5.1.1. If the Contractor is delayed at anytime in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work other than the correction of defective Work, or by fire, unusual delay in deliveries, unavoidable casualties, acts of God, or other causes beyond the Contractor's control, inclement weather or by delay authorized by the Owner pending mediation and arbitration, or by other causes which the Contractor can show justification then the Contract Time shall be extended by Change Order for such reasonable time provided the Contractor makes the request for Contract Time extension pursuant to the terms and conditions of this Agreement. The Contractor may be entitled to costs associated with such delays, provided such delays are material, the amount of increased costs is mutually agreed to by 9 the parties, and Contractor has taken all reasonable steps to mitigate or avoid said costs. Contractor shall not be liable for damages, either real or liquidated, for such delays if a Contract Time extension is granted pursuant to this Agreement. 5.1.2. If the Contractor believes that a contract extension should be granted due to delays caused by excusable, inclement weather, it may request a contract extension in writing from the Owner. In response to a reasonable request, the Owner shall thereon grant an extension equal in duration to the delay, if any, that was caused by the excusable, inclement weather. Excusable, inclement weather is snowfall, rainfall, freezing temperatures or excessive wind conditions, the degree or duration of which varies in excess of the average conditions expected, which is unusual for the particular time and place where the work is to be performed, or which could not have been reasonably anticipated by the Contractor. 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 Owner's designated representative in writing. 5.3 All time extensions shall be made pursuant to paragraph 7 of the General Conditions. ARTICLE 6 - PAYMENT PROCEDURE 6.1 The Contractor shall submit applications for payment and back-up material (e.g. Subcontractor's invoices, vender statements and receipts) as shall be reasonably required in accordance with the General Conditions. Applications for Payment will be processed as provided in the General Conditions. 6.2 PROGRESS PAYMENTS: Owner shall make monthly progress payments on account of the Contract Price on the basis of Contractor's Applications for Construction Agreement Payments, as provided below. All progress payments will be on the basis of the progress of the Work. 6.2.1 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. One hundred percent (100%) of materials and equipment purchased by Contractor incorporated into the Work or delivered and suitably stored on the site will be paid. Less in each case the aggregate of payments previously made. Upon Substantial Completion, Owner shall make payments up to 95% of the Work. However, Owner shall be authorized to retains sufficient payment to satisfy its Final Payment obligations pursuant to C.R.S. §38-26-107. 10 6.3 FINAL PAYMENT: Upon final completion and acceptance in accordance with Paragraph 21 of 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 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 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 7.1 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 7.2 Contractor has familiarized itself 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. 7.3 In cooperation with the Owner, the Contractor shall attend regularly scheduled meetings with the Owner at the Owner's request to discuss progress, present material and information and respond to questions regarding the Project. The Contractor will be responsible for submitting to Owner, within five working days, the minutes of all meetings during the construction phase. The Contractor shall maintain the minutes and suggested modifications in chronological order in a three -hole punch binder. 7.4 At the completion of the project and at Owner's request, the Contractor shall provide a complete set of as -built plans and submit to the Owner at Owner's expense. 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, including General Conditions. 8.2 Any modifications, including Change Orders, duly delivered after execution of Agreement. 8.3 Estimated GMP dated 6/12/07 attached hereto as Exhibit "A" and the Inclusions/Exclusions sheet dated 6/14/07 attached hereto as Exhibit "B". 8.4 Project Specifications and Plans prepared by Morter Architects as listed in the Contractors Inclusions/Exclusions sheet dated 6/14/07 and attached as Exhibit "B." There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be altered, amended, or repealed by an executed, written amendment to this Agreement. The Contract Documents are listed in order of priority. If any terms conflict between Contract Documents, the Contract Document listed first shall control. 11 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. 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. If there is conflicting variance between the drawings and specifications, the requirements of the specifications shall control unless the Architect directs otherwise in writing. Numerous Exhibits developed over a period of time are also attached to and made a part of the Contract Documents, some of which may be in conflict with other Exhibits or portions of this Agreement. The County's consultants (including, but not limited to, all architects and the site civil engineer), acting as contractors and not agents of the County, will prepare and furnish Construction Documents for the Project. ARTICLE 9 - SCHEDULE & SECURITY 9.1 Contractor shall submit its proposed Work schedule(s) to Owner for approval. All Work will be scheduled and performed in a manner which will produce minimum interference with the daily activities of the Golden Eagle Elderly Housing Complex. Unless otherwise agreed, Contractor shall be allowed on-site for performance of Work only during the agreed upon time. The work hours shall be 7:00 am to 6:00 pm every day excluding Sundays. If Contractor needs to work extended hours beyond these hours, it will be coordinated with the Owner for approval. Approvals will not be unreasonable withheld. 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, an employment relationship. Contractor shall be, and shall perform 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. 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 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 — CHANGES IN THE WORK 12.1 AMENDMENTS AND CHANGE ORDERS 12 12.1.1 The Owner, without invalidating this Agreement and without notice to any surety, may order extra Work or make changes by altering, adding to, or deducting from the Work (changes), the GMP and Contract Time being adjusted accordingly. All such Work shall be executed under the conditions of this Contract except that any claim for extension of the Contract Time caused thereby shall be adjusted by Change Order at the time of ordering such change. The parties further recognize that in making changes, the Owner may wish to make substantial increases to the Work to be performed and expressly agrees that in making any such changes, the same shall be permissible under the terms of this Agreement and all adjustments to the Contract Sum, Guaranteed Maximum Price and Contract Time shall be made in accordance with this Agreement. 12.1.2 A Change Order is a written order to the Contractor signed by the Board of County Commissioners or its designee issued after the execution of this Agreement authorizing a change in the Work, the method or manner of performance, and adjustment in the GMP or the Contract Time. The GMP and the Contract Time may be changed only by Change Order. A Change Order signed by the Contractor conclusively establishes the Contractor's agreement therewith, including the adjustment in the GMP and the Contract Time. 12.1.3 No extra work or change in the Contract Documents shall be made unless by a written Change Order approved by the Owner. No claim for any change to the Guaranteed Maximum Price or Contract Time shall be valid unless so ordered. No one other than the Board of County Commissioners or its designee, in writing, has authority to require an increase to the Guaranteed Maximum Price. 12.1.4 The Contractor promptly proceed with the Work involved provided a written Change Order signed by the Owner is received. 12.2 DIFFERING SITE CONDITIONS 12.2.1 The Contractor shall promptly, and before the conditions are corrected or covered, give notice to the Owner of (1) subsurface or latent physical conditions at the site which differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions at the site of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the Contract Documents. Failure to so notify the Owner shall be considered acceptance of the site conditions and no future claims based on said conditions shall be entertained. ARTICLE 13 — MISCELLANEOUS 13.1 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. This Project is being funded by low income tax credits and Owner may, notwithstanding anything herein to the contrary, assign this Agreement to any entity necessary to effectuate such financing. 13 13.2 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. 13.3 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. 13.4 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. 13.5 INTEGRATION: This Agreement, including those documents set forth in Article 8, supersedes all previous communications, negotiations and/or contracts between 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. 13.6 NOTICE: Notice shall be provided to the respective parties by being given to the persons at the addresses as follows, until changed by notice in writing: To OWNER: Rick Ullom, Project Manager Facilities Management Dept. Eagle County Government P.O. Box 850 500 Broadway Eagle, Colorado 81631 Phone: 970-328-8880 Fax: 970-328-8899 To CONTRACTOR: Attn: Chris Evans Evans Chaffee P.O. Box 8266 Avon, Colorado 81631 Phone: 970-845-0466 Fax: 970-845-0465 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. 13.7 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. 13.8 This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the 14 parties, it being acknowledged by each of the parties hereto that each party has contributed substantially and materially to the preparation of this Agreement. Article XIV - PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: 14.1 The Consultant shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or enter into a contract with a subcontractor that fails to certify to the Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 14.2 The Consultant shall verify or attempt to verify through participation in the Basic Pilot Verification program, as administered by the United States Department of Homeland Security, that the Consultant does not employ any illegal aliens. If the Consultant is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the contractor shall apply to participate in the Program every three months until the contractor is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can be found at: https://www.vis-dhs.com\employerregistration 14.3 The Consultant shall not use the Basic Pilot Verification Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. 14.4 If the Consultant obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Consultant shall be required to: Notify the Subcontractor and the County within three days that the Consultant 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. iii. 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. 14.5 If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated for violation of this Article 14, the Contractor shall be liable for actual and consequential damages to the County. //REMAINDER OF PAGE INTENTIONALLY LEFT BLANK// 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the date first above written. "Owner": LINTY OF EAGLE, STATE OF oke RAD y and Through Its ATTEST C LINTY COMMISSIONERS BY• oR Clerk to the Boar of Arn enconi, Chairman County Commi "Contractor": EVANS CHAFFEE i By:SC / STATE OF COLORADO o�AR y County of On this ($ day of PU8 Q- .^ .............. p� m 10n11 11101,\ 4V 20077 c * re me, a notary public, known to me to be the of , 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. 34a> -Le / I t 00, �,� ANoPublic My Commission Expires G:\bryan\misc\Evans Cbaffeefinatdoc 16 GENERAL CONDITIONS 1. Contractor shall provide and pay for labor, materials, equipment, tools, 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 (County) 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 prior to the execution of this 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 Contractor with the Agreement; and (3) promptly report errors, inconsistencies or omissions 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 for coordinating 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. Owner 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 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 72 hours from the time that Contractor has knowledge of said event that may cause a delay) notice in writing of the cause of the detention or delay. 8. Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions. 9. Contractor warrants to Owner that: (1) materials and equipment furnished under the Agreement will be new and of good quality; (2) the Work will 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, 17 rules or regulations without notice to Owner, Contractor shall assume full responsibility for such Work and shall bear the attributable costs. When known, 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. Contractor shall furnish performance 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 one year after the date of final payment, except as otherwise provided by law. 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 Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. If 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 and material. Contractor shall have no claim against Owner because of any damage or loss to the Work (except that caused by Owner or those for whom Owner is responsible), 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 one year after final payment. 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; 18 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; 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 this Agreement. Contractor's Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the Contractor and each subcontractor with respect to all Work under this Agreement 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 carried in the amount of $500,000 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. Comprehensive Risk Policy Option: In lieu of the 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: $1,000,000 Each Accident or Occurrence: $2,000,000 Property Damage Liability: Each Accident or Occurrence: $1,000,000 Aggregate: $2,000,000 Contractor's Insurance shall be placed jointly in the names of the Owner and Contractor 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 19 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. Contractor shall purchase and maintain Builders' Risk coverage to protect the project. Contractor shall provide the County a certificate of insurance naming it an additional insured prior to the commencement of construction. Certificates of Insurance: Certificates of Insurance from the Contractor acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates 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 under the policies will not be canceled until at least thirty days prior written notice has been given the Owner. Contractor 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 Contractor to comply with the foregoing insurance requirements shall in no way waive the Owner's rights hereunder. 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 Contractor from 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. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. 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 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), 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. 18. Progress Payments: Not more often than once 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 20 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 affidavit 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 retention 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 ten days of recommendation of payment, pay Contractor the amount recommended. 19. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any application for payment, whether incorporated in the project or 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"). 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 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, guarantees, bonds, certificates of inspection, 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 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, conditional release, or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any lien. 21. Final payment is subject to the Final Settlement requirements and time periods set forth in C.R.S. §38-26-107. 21.1 The County shall not authorize final payment until all items on the punch list have been completed, the Architect issues its Final Certificate of Completion, the County has received a Certificate of Occupancy from the local jurisdiction (unless there are items 21 outside this scope of Work that would prevent a certificate of occupancy from being issued), the Notice of Acceptance is issued, and the Notice of Contractor's Final Settlement Date is published and at least 30 days have expired with no claims filed. 21.2. Before the County may advertise, the Contractor shall: 1. deliver to the County for review: a. All guaranties and warranties; b. Confirmation that sales taxes from which the County is exempt have not been paid; Three (3) complete bound sets of required operations and maintenance manuals and instructions; d. Two (2) sets of as -built drawings; To the extent not already furnished, one copy of all corrected Shop Drawings; f Satisfactory evidence that all payroll, material bills, and other indebtedness connected with the Work have been paid or otherwise satisfied or a bond to indemnify Owner against any liens; g. A complete and final waiver and/or release of any and all lien rights and liens from each subcontractor of all tiers, material, men, supplier, manufacturer and dealer for all labor, equipment and material used or furnished by each on the Work or a bond to indemnify Owner against any liens; h. Consent of the surety to final payment; and i. Any other documents required to be furnished by the Contract Documents. 2. Demonstrate to the operating personnel of the County the proper operation and maintenance of all equipment. 21.3. Upon completion of the foregoing, the Contractor's Settlement shall be advertised in accordance with Colorado law. On the date of final settlement thus advertised, and after the Contractor has submitted a written notice that no claims have been filed, final payment and settlement shall be made in full. 21.4. Pursuant to C.R.S. §38-26-107, if any unpaid claim for labor, materials, rental machinery, tools, supplies, or equipment is filed before payment in full of all sums due the Contractor, the County shall withhold from the Contractor sufficient funds to insure the payment of such claim, until the same shall have been paid or withdrawn, such 22 payment or withdrawal to be evidenced by filing a receipt in full or an order for withdrawal signed by the claimant or its duly authorized agent or assignee. 21.5. The making of final payment, after the Date of the Notice of Contractor Settlement of the Project, shall constitute a waiver of all claims by the County except those arising from: a. Unsettled Claims; b. Faulty or defective work appearing after Completion of the Work; C. Failure of the Work to comply with the requirements of the Contract Documents; or d. Terms of any warranties or special warranties required by the Contract Documents. 21.6. The acceptance of final payment, after the Date of the Notice of Contractor Settlement of the Project, shall constitute a waiver of all claims by the Contractor except those previously made in writing and separately identified by the Contractor as unsettled in the final Project Application for Payment. 21.7. All provisions of the Contract Documents including without limitation those establishing obligations and procedures, shall remain in full force and effect notwithstanding the making or acceptance of final payment. 22. 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. 23. Any work in accordance with the Contract Documents that the Owner finds improper, Contractor will correct said work in a timely manner so as not to delay completion of the project. 24. If Contractor defaults or neglects to carry out the 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 and Contractor shall be responsible for the cost of such correction. 25. The Contractor shall 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. 23 26. Contractor shall promptly correct Work rejected by Owner as failing to conform to the requirements of the Agreement. 27. 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 in writing. If, within one year after the date of Substantial Completion, or such longer period of time as may be prescribed by law, 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 initiate compliance with the terms of such instructions within ten (10) days, 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. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. 28. The performance of the Work may be terminated at any time in whole, or from 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 24 deliver to Owner, and transfer title to such property to Owner to the extent not already transferred. In the event of such termination Owner shall be required to make payment for the all reasonable, demonstrable costs associated with the Work up to the termination date and for the costs incurred for carr dung out the closeout measures set forth herein. The Contractor shall not be entitled to loss of other anticipated profits profits lost on other work not obtained or any other consequential damages. 29. The Contractor may terminate the Contract if the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: a. issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; b. an act of government, such as a declaration of national emergency which requires all Work to be stopped; C. because the Owner has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in the Agreement or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or d. because the Owner has otherwise substantially violated a provision of the Cotract Documents. 30. The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as set forth in paragraph 29 above constitute in the aggregate more than 50 percent of the total number of days scheduled for completion, or 90 days in any 365 -day period, whichever is less. 31. Contractor may not terminate this Agreement pursuant to the provisions of paragraphs 29 and 30 until such time as Contractor has given Owner ten (10) working days notice and opportunity to cure. If Owner has not cured or initiated substantial progress towards curing during said ten (10) days, Contractor may terminate this Agreement. In the event of such termination, the Contractor shall be entitled to payment for the all costs associated with the work and fee performed prior to the termination date. Except as set forth in paragraphs 29 and 30 herein, Contractor may not stop work due to a dispute with Owner over any contractual matters. Contractor will continue to expeditiously complete the work while any such disputes are resolved as may be provided in this Agreement. 32. The Owner shall secure and pay for necessary permits (except electrical & mechanical/plumbing permits), approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 33. Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness. Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 25 34. The Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 35. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and the Owner shall bear all related costs of tests, inspections and approvals. At a minimum, soils testing for proper compaction prior to each concrete pour will be done and paid for by the Owner. Contractor will coordinate this testing. 36. All electronic files needed by Subcontractors or Contractor for shop drawings, as-builts or other drawings required for execution of the project will be provided by Owner at no additional cost to the Contractor. 37. Notwithstanding any provisions in the Contract regarding lien waivers, Contractor shall not be required to provide lien waivers from suppliers or subcontractors, the total purchases from which do not exceed $1000 or from utility companies. 38. The selection of bidders shall be in accordance with the laws of Colorado. In the event of the Contractor's non-compliance with the Colorado labor laws, this Contract may be canceled, terminated or suspended, in whole or in part, without any liability to the County. 39. Contractor acknowledges that the Work is a public work financed in whole or in part by funds of the state of Colorado and/or a county, and pursuant to section Title 8-17-101, C.R.S. (1973) Colorado labor shall be employed to perform the Work in the extent of not less than eighty percent (80%) of each type or class of labor in the several classifications of skilled and common labor employed in the Work. For purposes of this provision, "Colorado labor" means "any person who is a resident of the state of Colorado at the time of employment, without discrimination as to race, color, creed, sex, age, or religion except when sex or age is a bona fide occupational qualification. 40. The Contractor agrees to comply with the letter and spirit of the Colorado Anti- discrimination Act of 1957, as amended, and other applicable laws respecting discrimination and unfair employment practices. Pursuant thereto, the following provision shall be contained in all County contracts or subcontracts: during the performance of this Contract, the CONTRACTOR agrees as follows: A. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual preference, marital status, religion, ancestry, mental or physical disability, or age. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; lay-offs or 26 terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non- discrimination clause. B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical disability, or age. 41. Colorado Statutes do not provide for any right of lien against public buildings. In lieu thereof, Title 38-26-107 ct seq. C.R.S., as amended, provides adequate relief for any claimant having furnished labor, materials, rental machinery, tools, equipment or services toward construction of the particular public work in that final payment may not be made to a Contractor until all such creditors have been put on notice by publication in the public press of such pending payment and given opportunity to stop payment to the Contractor in the amount of such claims. 27 Evans IEXHIBITA] (,-I Golden Eagle GMP 750 Capital Street Eagle, CO 81632 Page 0 6/121200710:48 PM Golden Eagle GMP - for fall 07 start, pee Project name Golden Eagle GMP 750 Capital Street Eagle CO 81632 USA Estimator Chris Evans Job size 10742 SF Duration 26 wk Defining Excellence in Mountain Construction business of t6c, Year- 200+ Evans Golden Eagle GMP 750 Capital Street Eagle, CO 81632 Page 1 6/121200710:48 PM Golden Eagle GMP - for fall 07 start. pee 01 GENERAL CONDITNS 01-30000 Project Management Staff Senior Project Manager 01-30000 Project Management Staff 01-32000 P M Communications PM Cell Phone APM Cell Phone 01-32000 P M Communications 01-35000 Job Supervision Superintendent 01-35000 Job Supervision 01-35200 Job Supervision Commun. Superintendent Cell Phone 01-35200 Job Supervision Commun. 01-38000 Blueprints Copies O&M Manuals As-builts Shipping & Postage (Monthly) 01-38000 Blueprints 01-51100 Temp Electricity Temp Electricity - Hookup/Disconnect Temp Electricity - Monthly Rate 01-51100 Temp Electricity 01-51700 Temp Communications Temp Communications - Hookup/Disconnect Temp Communications - Fax Machine Temp Communications - Monthly Rate 01-51700 Temp Communications 01-51800 Temp Water Temp Water - Hookup/Disconnect Temp Water - Monthly Rate Jobsite Drinking Water 01-51800 Temp Water 01-52100 Field Offices Field Office - Setup/Demobilize Field Office Monthly Rate 01-52100 Field Offices 01-52200 Temp Storage Field Storage - Monthly Rate 01-52200 Temp Storage 01-52500 Sanitary Facilities Temp Toilets 26.00 wk 2,138.13 /wk 55,591 /sf 55,591 26.00 wk 18.22 /wk 474 26.00 wk 8.50 /wk 221 /sf 695 26.00 wk 2,833.02 /wk 73,659 /sf 73,659 26.00 wk 53.46 /wk 1,390 /sf 1,390 26.00 wk 21.38 /wk 556 based on 250 copies per week 4.00 ea 534.53 /ea 2,138 increased by one per contract requirements 3.00 ea 374.17 /ea 1,123 26.00 wk 19.44 /wk 506 /sf 4,322 1.00 Is 106.91 /Is 107 26.00 wk 36.45 /wk 948 /sf 1,054 1.00 Is 213.82 /Is 214 1.00 Is 374.18 /Is 374 26.00 wk 24.29 /wk 632 /sf 1,220 1.00 Is 213.82 /Is 214 26.00 wk 36.45 /wk 948 26.00 wk 12.15 /wk 316 /sf 1,477 1.00 Is 213.81 /Is 214 26.00 wk 106.91 /wk 2,780 /sf 2,993 26.00 wk 40.32 /wk 1,048 /sf 1,048 78.00 wk 30.38 /wk 2,369 Based on three Defining F-xcellence in Mountain Construction business of the Year- 2004 Evans CONSTRUCTION GROUP Golden Eagle GMP 750 Capital Street Eagle, CO 81632 Page 2 6/12/200710:48 PM Golden Eagle GMP - for fall 07 start pee 0152500 Sanitary Facilities /sf 2,369 01-56500 Winter Conditions APM Vehicle Allowance 26.00 wk Winter Conditions 1.00 AL 5,000.00 /AL 5,000 Per agreement with Rick Ullom, this is an 26.00 wk 56.45 /wk allowance only for any winter related ativity Job Truck - Fuel 26.00 wk and cost. 0156500 Winter Conditions /sf 5,000 01-74200 Final Cleaning 10,666 11-00100 Equipment Final Clean 10,742.00 sf 0.49 /sf 5,221 01-74200 Final Cleaning /sf 5,221 11-00100 Equipment PM Vehicle 26.00 wk 182.82 /wk 4,753 APM Vehicle Allowance 26.00 wk 31.71 /wk 824 PM Vehicle - Fuel 26.00 wk 56.45 /wk 1,468 Job Truck - Fuel 26.00 wk 134.38 /wk 3,494 Job Truck - Superintendent 26.00 wk 410.22 /wk 10,666 11-00100 Equipment /sf 21,205 01 GENERAL CONDITNS /SF 177,246 02 SITEWORK 02-20000 Earthwork Earthwork (Site Earthwork) 02-20000 Earthwork 02-51300 Asphalt Concrete Paving Asphalt Paving (Asphalt Paving) Parking Space Striping (Asphalt Paving) 02-51300 Asphalt Concrete Paving 02-52700 Sidewalks Site concrete Pricing increase based on Fall 2007 start date 02-52700 Sidewalks 02-80000 Site Improvements 1.00 Is 215,116.51 /Is 215,117 02-80000 Site Improvements /Is 215,117 10,706.00 sf 4.42 /sf 47,268 Includes mobilization, road base, 4" asphalt 1.00 Is 1,034.22 /Is 1,034 Pricing increase based on Fall 2007 start date /sf 48,302 1.00 Is 55,143.35 /Is 55,143 1.00 Is 3,168.83 /Is 3,169 /sf 58,312 Concrete Parking Bumpers 14.00 ea 155.13 /ea 2,172 02-80000 Site Improvements /sf 2,172 02-90000 Landscaping Landscaping (includes irrigation) 1.00 Is 65,392.32 /Is 65,392 Pricing increase based on Fall 2007 start date 1.00 Is 1,083.85 /Is 1,084 02-90000 Landscaping /Is 66,476 02 SITEWORK /SF 390,379 03 CONCRETE 03-31000 Footings, Walls & Grade Beams Footings and foundation walls 194.00 cy 444.98 /cy 86,327 03-31000 Footings, Walls & Grade Beams /cy 86,327 03-31300 Floors & Walks Defining Flxcellence in Mountain Construction Business of the Year - 2004 Evans ff Golden Eagle GMP 750 Capital Street Eagle, CO 81632 Page 3 6/12/200710:48 PM Golden Eagle GMP - for fall 07 start pee 03-31300 Floors & Walks 48.00 If 5.94 /If 285 6x6-10' #1 DF Rough Sawn Slab -on -grade 531.00 sf 6.39 /sf 3,393 Bldg Lloffice 03-31300 Floors & Walks 8 3/8x13 1/2 glulam /sf 3,393 03 CONCRETE 9,995.00 If 0.73 /lf /SF 89,720 05 METALS 3,323 Hardiplank 5/4x12 168.00 If 3.66 /If 05-12000 Structural Steel Composite 5/4x3 1/2 5,000.00 If 0.74 /If 3,682 Base plates (timber columns) 9.00 ea 542.96 lea 4,887 05-12000 Structural Steel /sf 4,887 05 METALS /SF 4,887 06 WOODS & PLASTICS 06-10000 Rough Carpentry Trash Disposal 25.00 ea 587.98 lea 14,700 Safety 1.00 Is 3,243.83 /Is 3,244 Progress Cleaning 26.00 wk 1,180.25 /wk 30,686 06-10000 Rough Carpentry /sf 48,630 06-12000 Framing And Sheathing 2x4 DF 21,404.00 If 0.28 /If 6,079 2x6 DF 27,390.00 If 0.51 /If 13,973 2x10 DF 1,056.00 If 0.94 /If 992 2x12 DF 572.00 If 1.20 /If 686 Framing Labor 10,742.00 sf 19.74 /sf 212,014 2x4 -RL PT 102.20 If 0.60 /If 61 2x6 -RL PT 2,980.00 If 0.94 /If 2,805 2x8 DF 271.00 If 0.67 /If 182 2x12 -RL DF 500.00 If 1.20 /If 600 4x8-1/2 CDX 12,000.00 sf 0.53 /sf 6,311 Tyvek Air Infiltration Barrier 13,500.00 sf 0.16 /sf 2,130 Frame floor hatches 14.00 ea 103.42 lea 1,448 removeable plywood hatch, in lieu of steel 4x8-5/8 CDX 20,137.70 sf 0.56 /sf 11,227 roof sheathing 4x8-3/4 T&G PLY 11,200.00 sf 0.78 /sf 8,718 floor plywood 117/8 BCI/6500 series 560.00 If 1.84 /If 1,031 5 1/2 Microlam 1,200.00 If 2.26 /lf 2,714 5 1/2x5 1/4 LSL Column 140.00 If 16.50 /If 2,311 5 1/2x9 1/4 LVL 350.00 If 24.19 /If 8,468 9 1/2 Microlam 1,338.00 If 3.25 /If 4,349 Hangers, fasteners, glue, misc 3.00 bldg 8,940.87 /bldg 26,823 9 1/2x1 3/4 BCI 9,563.00 If 1.67 /If 15,994 Pre -fabricated Roof Trusses 10,742.00 sf 3.00 /sf 32,242 06-12000 Framing And Sheathing /sf 361,156 06-16000 Wood Siding And Trim 6x6-8'#1 DF Rough Sawn 48.00 If 5.94 /If 285 6x6-10' #1 DF Rough Sawn 90.00 If 5.94 /If 535 6x12 #1 DF Rough Sawn 65.00 If 11.53 /If 749 8 3/8x13 1/2 glulam 38.00 If 11.53 /If 438 Hardi lapped siding (6 in exposure) 9,995.00 If 0.73 /lf 7,254 Composite 5/4x7 1/4 2,038.00 If 1.63 /If 3,323 Hardiplank 5/4x12 168.00 If 3.66 /If 615 Composite 5/4x3 1/2 5,000.00 If 0.74 /If 3,682 Composite 5/4x12 175.00 If 2.52 /If 442 Defining Flxcellence in Mountain Construction business of tate Year- 2004 Evans CONSTRUCTION GROUP Golden Eagle GMP 750 Capital Street Eagle, CO 81632 Page 4 6/121200710:48 PM Golden Eagle GMP - for fall 07 start pee 06-16000 Wood Siding And Trim 0.52 /sf 1,644 3,180.00 sf Hardipanel 10,900.00 sf 1.05 /sf 11,465 B&B siding, nonvented soffit areas Hardisoffit Vented Soffit Panel 750.00 sf 1.26 /sf 947 06-16000 Wood Siding And Trim 31,060.55 /Is /sf 29,735 06-20000 Finish Carpentry 5,090 Added per direction from Rick Ullom 1.00 Is 1,551.32 /Is 1 x 4 base (MDF) 3,600.00 If 0.49 /If 1,780 1 x 4 door casing (MDF) 7,172.00 If 0.49 /If 3,546 Storage Shelving (Wall Trim) 280.00 If 5.26 /If 1,473 Shelf Rod (Wall Trim) 126.00 If 5.26 /If 663 Finish carpentry labor 14.00 unit 3,878.30 /unit 54,296 06-20000 Finish Carpentry 1,908 /sf 61,757 06 WOODS & PLASTICS /SF 501,277 07 THERMAL&MOISTURE 07-10000 Waterproofing And Dampproofing Dampproofing (Foundation Walls) Drainage Board 07-10000 Waterproofing And Dampproofing 07-20000 Interior Insulation Vapor barrier (crawl space) Batt Insulation Use R-23 blown -in insulation in lieu of R-19 batts Price increase based on Fall 2007 start date 07-20000 Interior Insulation 07-21000 Exterior Insulation Insulation (Foundation Walls) 07-21000 Exterior Insulation 07-31100 Asphalt Shingles Shingles (Sloped Roofing) 07-31100 Asphalt Shingles 07-62000 Sheet Metal Flashing & Trim Flashing (other than integral with roof) 07-62000 Sheet Metal Flashing & Trim 07-63000 Gutters & Downspouts Gutters and downspouts 07-63000 Gutters & Downspouts 3,180.00 sf 0.52 /sf 1,644 3,180.00 sf 2.59 /sf 8,222 /sf 9,866 13,700.00 sf 1.55 /sf 21,253 Stego 15 -mil Class A 1.00 Is 31,060.55 /Is 31,061 1.00 Is 5,090.00 /Is 5,090 Added per direction from Rick Ullom 1.00 Is 1,551.32 /Is 1,551 /sf 58,955 3,420.00 sf 1.34 /sf 4,598 /sf 4,598 15,400.00 sf 3.39 /sf 52,143 /sf 52,143 820.00 If 2.33 /If 1,908 /sf 1,908 291.00 If 30.10 /If 8,759 /sf 8,759 07-90000 Joint Sealers Caulking 1.00 Is 7,756.60 /Is 7,757 07-90000 Joint Sealers /sf 7,757 07 THERMAL&MOISTURE /SF 143,986 08 DOORS & WINDOWS 08-11000 Steel Doors & Frames 3-0x7-0 1-3/8in Hollow Metal Door (Exterior HM Door & Frame) Metal Doors and Frames (Interior Doors) 29.00 ea 206.84 /ea 5,998 Insulated steel doors Defining F,xcellence in Mountain Construction 1.00 ea 175.82 /ea 176 business of tale Year- 2004 Evans CONSTRUCTION GROUP Chaffee Golden Eagle GMP 750 Capital Street Eagle, CO 81632 Page 5 6/12/2007 10:48 PM Golden Eagle GMP - for fall 07 start, pee 08-11000 Steel Doors & Frames Metal Doors and Frames (Interior Doors) 14.00 ea 827.37 /ea 11,583 Insulated steel door with full lite Unload/Sort/Stock 114.00 ea 26.72 /ea 3,047 08-11000 Steel Doors & Frames /sf 20,804 08-21000 Wood Doors Wood Doors (Interior Doors) Wood Doors (Interior Doors) Wood Doors (Interior Doors) Wood Doors (Interior Doors) 08-21000 Wood Doors 08-30500 Access Doors Access Doors and Panels (Exterior Doors) 08-30500 Access Doors 08-36000 Sectional Overhead Doors OH Steel Sectional Door (Overhead Doors) 08-36000 Sectional Overhead Doors 08-65000 Special Windows Plastic Windows (Exterior Windows) Plastic Windows (Exterior Windows) Plastic Windows (Exterior Windows) Plastic Windows (Exterior Windows) Plastic Windows (Exterior Windows) Unload / Sort / Stock Windows (Exterior Windows) 08-65000 Special Windows 14.00 ea 129.28 /ea 1,810 MDF (2'0x6'8) 14.00 ea 139.62 /ea 1,955 MDF (2'6x6'8) 30.00 ea 149.96 /ea 4,499 MDF (3'0x6'8) 14.00 ea 243.04 /ea 3,403 MDF bypass /sf 11,666 14.00 ea 155.13 /ea 2,172 ceiling -22"x30" /sf 2,172 1.00 ea 2,068.42 /ea 2,068 8'0x7'0 /sf 2,068 31.00 ea 341.29 /ea 10,580 Type A 4.00 ea 258.56 /ea 1,034 Type B 18.00 ea 155.13 /ea 2,792 Type C 12.00 ea 439.54 /ea 5,274 Type D 14.00 ea 517.11 /ea 7,240 Type E 79.00 ea 26.72 /ea 2,111 /sf 29,032 08-71000 Finish Hardware Finish door hardware 116.00 ea 18.14 /ea 2,105 08-71000 Finish Hardware /sf 2,105 08 DOORS 8r WINDOWS /SF 67,847 09 INTERIOR FINISHES 09-25000 Gypsum Drywall Hang, Tape & Finish 5/8" Drywall (Int W d Framed GypW all) 09-25000 Gypsum Drywall 09-68000 Carpeting Carpet and resilient flooring 09-68000 Carpeting 15.00 unit 4,412.65 /unit 66,190 /sf 66,190 14.00 unit 3,697.09 /unit 51,759 /sf 51,759 09-90000 Painting Painting (Interior and exterior) 10,742.00 sf 3.66 /sf 39,300 09-90000 Painting /sf 39,300 09 INTERIOR FINISHES /SF 157,249 10 SPECIALTIES 10-52200 Fire Exting./Cabinets/Access. Fire extinguishers (wall -hung) 15.00 ea 206.84 /ea 3,103 Defining Excellence in Mountain Construction business of the Year- 2004 Evans Golden Eagle GMP 750 Capital Street Eagle, CO 81632 Page 6 611212007 10:48 PM Golden Eagle GMP - for fall 07 start.pee 10-52200 Fire Exting./Cabinets/Access. /sf 3,103 10-80000 Toilet & Bath Accessories Toilet Paper Dispener - Single Roll 14.00 ea 51.71 /ea 724 Towel Bar - 24" 42.00 ea 51.71 lea 2,172 Grab Bar - 24in. 2.00 ea 36.20 /ea 72 Grab Bar - 42in 2.00 ea 67.23 /ea 134 Grab Bar - "L" shaped (in shower) 2.00 ea 72.40 /ea 145 Mirror 14.00 ea 155.13 /ea 2,172 Shower Rod - 5' chrome 14.00 ea 51.71 /ea 724 10-80000 Toilet & Bath Accessories /sf 6,143 10 SPECIALTIES /SF 9,246 11 EQUIPMENT 11-00100 Equipment Electric Generators (Jobsite 0.00 mo 0.00 /mo 0 Eliminated per Rick Ullom's Operation) direction. If needed at a later date, this will be added as a Change Order. Fork Lift Delivery 1.00 Is 349.48 /Is 349 Fork Lift - Monthly Rate 13.00 wk 940.95 /wk 12,232 Includes fuel 11-00100 Equipment /sf 12,582 11-45200 Residential Appliances Refrigerator (no icemaker) 14.00 ea 615.36 /ea 8,615 GE washer 2.00 ea 930.80 /ea 1,862 Front -loading, side-by-side GE dryer 2.00 ea 672.24 /ea 1,344 Front -loading, side-by-side Washer/dryer stack 12.00 ea 966.99 /ea 11,604 GE Range - 30" Slide in 12.00 ea 496.42 /ea 5,957 GE Range - drop-in 2.00 ea 636.04 /ea 1,272 Units 40 8 50 GE Dishwasher - 18" 14.00 ea 522.28 /ea 7,312 GE Spacemaker 18" Built -In Dishwasher Exhaust hood 14.00 ea 294.75 /ea 4,127 11-45200 Residential Appliances /sf 42,093 11 EQUIPMENT /SF 54,674 12 FURNISHINGS 12-30000 Casework Plastic Laminate Countertops (Cabinets and 14.00 unit 849.61 /unit 11,895 Countertops) Manufactured Wood Casework (Cabinets and 14.00 unit 2,396.79 /unit 33,555 "honey oak" raised panel door Countertops) Owner to supply and stock all cabinets -14.00 unit 1,147.64 /unit (16,067) Added per direction from Rick Ullom 12-30000 Casework /sf 29,383 12 FURNISHINGS /SF 29,383 15 MECHANICAL 15-40000 Plumbing Mechanical/plumbing 10,742.00 sf 26.42 /sf 283,830 use conventional domestic HW tanks On -demand hot water heaters 15.00 ea 1,030.00 /ea 15,450 Added per direction from Rick Ullom 15-40000 Plumbing /sf 299,280 Defining E_xcellence in Mountain Construction business of the Year- 2004 Evans Golden Eagle GMP 750 Capital Street Eagle, CO 81632 Page 7 6/12/2007 10:48 PM Golden Eagle GMP - for fall 07 start.pee 15 MECHANICAL /SF 299,280 16 ELECTRICAL 1.00 Is 25,740.39 /Is 25,740 16-00100 Electrical 1.00 Is 11,263.96 /Is 11,264 Added per direction from Rick Ullom Electrical (includes low voltage) 10,742.00 sf 10.69 /sf 114,827 Price increase based on Fall 2007 start date 1.00 Is 7,646.98 /Is 7,647 16-00100 Electrical /sf 122,474 16 ELECTRICAL /SF 122,474 99 MISCELLANEOUS 99-00200 Miscellaneous Warranty 1.00 Is 5,938.46 /Is 5,938 99-00200 Miscellaneous /sf 5,938 99-02100 Insurances Insurances 1.00 Is 25,740.39 /Is 25,740 Builder's Risk Insurance 1.00 Is 11,263.96 /Is 11,264 Added per direction from Rick Ullom 99-02100 Insurances 1.00 Is 37,004.35 /Is 37,004 99 MISCELLANEOUS /SF 42,943 Defining F—xcellence in Mountain Construction business of tate Year- 2004 Evans CONSTRUCTION GROUP Description Amount Subcontract 1,495,623.00 Material 297,729.00 Labor 125,404.00 Equipment 28,712.00 Other 143,122.00 2,090,590.00 Golden Eagle GMP 750 Capital Street Eagle, CO 81632 Estimate Totals Totals.-nt of Total 66.39% 13.22% 5.57% 1.27% 6.35% 2,090,590.00 92.80 92.80% Page 8A 6/12/200710:48 PM Golden Eagle GMP - for fall 07 start.pee Bond 27,033.00 1.20% Contractor's Fee 135,167.00 6.00% Total 2, 252, 790.00 GMP adjusted to include ASI 2 (Draft), VE Alternates as selected by Owner, addition of Builder's Risk Insurance, addition of Performance 8 Payment Bond and firm price increases for Fall 2007 start date. Does NOT include price increases noted from bidders as "potential increase for Fall 2007". Cabinets supplied and stocked by Owner. All surveying 8 testing is by Owner. Defining F,xcellence in Mountain Construction business of the Year- 2004 EXHIBIT B �,j 1Cllle1e5 ) Evans CONSTRUCTION GROUP Chaffee P.O. Box 8266 a 77 Metcalf Road a Avon, CO 81620 a ph. 970.845.0466 a fx. 970.845.0465 a www.evanschaffee.com "We are what we repeatedly do. Excellence, then, is not an act, but a habit." Golden Eagle Senior Housing Inclusions and Exclusions Dated 6/14/07 General: => Includes 3 separate buildings, containing a total of 14 apartments, 2 of which are to be ADA accessible; plus associated site work. => Attached pricing is based on 100% CD set of drawings dated 11/13/06, which includes the following: • Sheets C-1 though C-6, dated 12/13/06 • Sheet L-1, dated 11/13/06 • Sheets A1.00 through A8.00, dated 11/13/06 a Sheets 51.1 through S3.2, dated 11/13/06. (Note: There are Sheets A2.1 though A2.6 for each of the three buildings.) o Sheets M1.0 and MIJ, dated 11/13/06 • Sheets P1.0 through P2.2, dated 11/13/06 o Sheets E2.0 through E3.2, dated 11/13/06 o Specifications, dated 11/13/06 Permit & Plan check fee is NOT included in the estimate. (Expected cost is approximately $18,500). Storm water management permit, if required, is not included. => Bond is included. => Builder's Risk Insurance is included. � Includes one year warranty on all work from date of substantial completion. Extended manufacturer's warranties may be available for some items depending upon final selections. These warranties to be provided in O&M Manuals and will be the Owner's responsibility to enforce. => Testing and surveying by owner (Building Code prohibits General Contract from testing the work directly under their control, refer to 2003 IBC, Chapter 17). The surveying that will be required by the Owner is cut and fill staking, staking of top & back of curb, staking of footing corners, benchmark staking, staking for final grading (will not be required to provide staking of hidden bluetops for asphalt paving) => All use tax by owner (not aware of any). :* All utility hook up, meter, compliance deposit & miscellaneous fees by owner. => Includes temporary utility fees (monthly fees - water, sewer, ges, electrical). Does not include costs, if any, to change accounts over to Owner at completion of project. Includes allowance of $5,000 for winter conditions (temporary heat, snow removal, etc). This allowance is included at this requested amt by Eagle County. ECCG believes that this amount could be higher than this based on previous experience. Cost does not include plan changes which may (or may not) be required by Town of Eagle Building Department. Based on the attached sheet entitled 'Price Increases Due to Later Start of Project' and dated 6/14/07, all costs under ($ Increase (in estimate)) are included in the estimate and part of the GMP. All Costs under ($ Increase (not in estimate)),totaling $19,074, are currently not included in the GMP estimate. Contractor will endeavor to sign up subcontract agreements and purchase orders for these original scopes of work as close to the 'Original Value of Scope' amt as possible. However, any increases in these amts will be reimbursed to the Contractor via a change order. The total cumulative amt of increase shall not exceed $19,074 and there will be no Contractor's fee added to these increases. Division 2: Earthwork Excludes over-excavation/import/re-compaction due to poor soils - owner should carry contingency here. The unit cost to remove and dispose of faulty soils; and to import, place and compact fill, will be $50/cubic yard, plus ECCG's mark-ups. => Assumes no blasting, dewatering, shoring or other atypical earthwork operations will be required. Boulders larger than 1 cubic yard will be extra. Dewatering is not included and will be done on a T&M basis (soils report gives conflicting information on this topic). General Contractor does not take responsibility for settlement if soils report notes that settlement may occur based on chosen foundation design. Owner will hold General Contractor harmless in this regard. => Assumes Holy Cross transformer will be set. No electric generator is included for temporary power. => All Surveying by Owner. This includes setting of site benchmark, limits of mass excavation, pinning of footing & wall corners, top back of curb lines, cut & fill for site elements (sidewalks, curb & gutter, etc.), staking for new utility lines. Concrete parking bumpers are included. Assumes new utilities locations are accurate and will be installed as shown in civil drawings. Vapor barrier included under slab on grade. => Gas pipe trenching is included. Gas pipe installation by Kinder Morgan, to be paid by Owner. =�> Asphalt based on four inch cross section. Division 3: Concrete => All concrete material based on concrete specifications and mix designs as noted on structural plans and specs. => Commodity cost increases for structural concrete and rebar are not included. => No colored concrete included. => Footings to be cast in place. => Concrete frost walls are cast in place. Division 6: Woods & Plastics => There is no fire -treated lumber or plywood in our estimate. There are no fire -rated separations required between adjacent buildings, either new or existing. Wood blocking for future installation of grab bars in non -ADA units is included. Division 7: Thermal & Moisture Protection Page 2 of 3 => Foundation walls will be dampproofed, in lieu of the waterproofing system specified in Section 071326. => A molded sheet drainage panel at the exterior of crawl space walls is included. => All interior R-19 batt insulation is included as an R-23 BIBS system. There is no sound insulation within individual apartments except around the bathrooms. => Ice and water shield will be continuous at the roof. In addition, a second layer will be provided 18 inches on both sides of all valleys. => All roof and window/door flashed to be color -coated metal. We will submit color samples. => Vapor barrier in crawl space is included as a Stego 15 mil class A product. Vapor barriers at exterior walls above grade are 6 mil visqueen. Division 8: Doors & Windows => The exterior door "E" at the Kitchen is priced as an insulated steel door, with a full tempered (lite?) and wood jamb. The insulated doors 100A and 101A are included with wood jambs, to match door "E." Peachtree or (equal). => Vinyl windows are to be Phillips Marquee. => Interior doors are MDF as specified. All doors (interior and exterior) to have lever -style passage sets. Exterior door at the apartments, and at Maintenance, will have dead -bolts. The door between the Office and Maintenance will also have a closer. => Access hatches are based on a site built removable floor panel. Division 9: Finishes => Areas specified as receiving VCT will have a 1/4 -inch underlayment. => The carpet specified is only available in roll product. It is not available in carpet tiles. => The only fire separations included are at the party wall between adjacent apartments (1 hour), and the wall between Unit and Office (2 hour). Division 10: Specialties => Units 40 and 50 will include three grab bars, as detailed in plans. All other units will have wood blocking only, for future installation of grab bars. => Includes 3 towel bars in each apartment. Includes one wall -mounted fire extinguisher in each apartment, and one in the Maintenance Room. => All signage is excluded. Division 12: Furnishings :z> All cabinetry is to be supplied by Owner. => Plastic laminate countertops will include a waterfall edge with coved backsplash. Division 15: Mechanical =;� Includes on -demand hot water heaters. Division 16: Electrical Page 3 of 3 m 7 7 7 7 S. m m m m m 3 3 3 3 3 v v v v v N N M N N 44 40 V I I I I I I I^ �IzIa 3TTrZ•t7Z A A A A A.Z T. 3 Z Z Z Z 0 0? £ v cor o o 0 0 0 o o O i°� °°3° v° 7 7 D O• `^ tOi y w» W N...N w 7 7 n n c=i f31 [3'i �• �. y O" ci ci £ D: 8 w W p3p.. •O �^ a7a W ID ID ID ID nmi W: N — � . m m m IWD. t-+ .� m to In 7 .� C°.. m m �. O ro. m, N N N N N m• j a 3 O^ O n n w,0 0 0 0 0 2 fD n 2 c C N i 7 N Oml an d 7 N N N (D O. 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E Z t/' Z Z Z v* v* v* to to Z v* Z Z Z Z to Z O Z O to in to O 0 O O. 0 O O -0 n ? S S S S S S S S S S =r 7 7 7 7 7 7 3 7 7 7 m Nm 7 m 7 m m m m m mm m Nm A Z r 00 O to tD p In N N 00 W 00 l0 N v Q, N •� 00 W W W A A F- W t0 3 Irl CL v (D O_ .. E EXHIBIT C `Z All field labor rates are for straight time and will be billed based on classification of employee, not necessarily work category performed. Any overtime for carpenter, laborer or taborer foreman (over 40 hrs per week) will be billed at 1 $ times the rate listed above. Project Management salary (whether stationed at the job site or at the contractors main office) will be billed on a lump sum basis, porportioned monthly, for the project based on the attached GMP estimate. If the project duration is extended due to delays in the project outside the Contractors control, this amount may be increased based on the weekly rate given. Any changes to the contract that affect Project Management, will be billed at the rate as shown in the GMP estimate. Any charges or delays caused by the Owner, unforeseen conditions, Acts of God or changes to the project will result in —teade_d oeneral conditions to be determined given the rates shown in the attached contract GMP estimate for anytime sensitive costs." small tools (contractor small tools that are used from contractor's store of equipment instead of rental rates - tools bought specific to job will be 5y 5% 5J 5% of total field labor costs page 1 of 2 a EXHIBIT -6 Vehicle Pates— PM/Super or Assist Super per month per vehicle (rental rate only) - monthly rate when PM or Super/Assist Super are only stationed on this job $750 $750 $788 $788 PM/Super/Assist Super vehicle gas charge per month $450 $450 $473 $473 Assistant PM A other workforce IRS Rates IRS Rates IRS Rates IRS Rates Super and Assist Super our y rate or ve is es (incl gas) - for Supers/Assist Super stationed on more than one job at a time $8.15 $8.15 $8.56 $8.56 Misc Rates Safety (first aid, hard hats, inspections, training) 0.1500% 0.1500% 0.1500% 0.1500% per $ of total rev on proj cell phones for PM and APM $140.00 $140.00 $140.00 $140.00 per month cell phone rate per hour for Super or Assist Super ECCG standard copies per copy $1.25 $0.10 $1.25 $0.10 $1.25 $0.11 $1.25 per manhour $0.11 tracked via autotron on ECCG copier ECCG postage per pitney bowes meter per pitney bowes meter per pitney bowes meter per pitney bowes meter overnight billed per invoices ECCG oversized copies on blueprint copier per copy $3.05 $3.05 $3.10 $3.10 tracked via autotron on ECCG copier Fax Machine Rental for Field Office $50 $50 $50 $50 per month Computer Rental for Field Office Maintenance work after project completion (cell phone 6 truck per mh added on top of this rate) $135 $81.88 $135 $83.33 $135 $85.95 $135 per month per mh t 15 % fee (labor, material, $87.47 1 subcontract work) page 2 of 2 O Z.F W U} C d IL.y 00 .. .. ..._ .._. .._.... _... wp.. in _. ._.. _.. o _.. _ — a } L 3 s cm a _ u �. 3...� s p 3 c (� -83- 0... p0 Q O _ tn O d v m ix 0 a C _ - N - O -- al 7 _ _ J O O L u a N n N o --- — O. —_—a) 0 3 o - 3 3- O - _ 3 _ > N N 7 u u in M- ------- C --0-- -O - aC0 �O{_ ___ d .___ - WO = d u d L FF U .+ 4-N Fr- .. 6 L - _ a -------- in wo ErgL ..------ --- -- - __ ----------------- - - -- _ N Q0U—� _ s= 2} Xo-� �_� C W O O O O O O O O O QQQ QQ Q �N \ o O O O O O n n n n n '0 00 no no no nI- y o w w w O O Z Z Z Q O O O U- In to V)O O O O O -W o N oLO O N LO O O N n N N O ,ny ON N O O •-' N M O x n n n n n no no 0 0 0 0 0 0 0 - i O F- h O '¢ a V V V L a O O O a o o O fQ_' V a a O w O O O O O O Z Z OoLL a+ w l!i w w w l!1 w N 10 V) V1 In M ao .O 00 N .-a .-� O Cl) O O O N0 In M N In Cl) N LO N M +- +' o m � oafM N M n n_ y C Q N N O M M IC) M M M N 0 O i L Q y L N } 4-S y } d � 7 C 1 0%n I-6l L 0 y a L c o O s s o L 0 O1 C �_ fl o O O 6 +- PA O u � 4'= U U t z m } L y d s U V 7 N Q =1O L U y O L L O O v) O7 p ci +-} } �- 3 a_ O y }- 61 O al 3 v- C L t C �- "� .� y O7 3 d L L O O p) y 3 } O "Q U d 4- a O L iy .p to o V L Y y O O } O v v 3 0 o s a 3 y > v- %n 6 n y LU V _} y d s a C r- to 3 Ol y U U t d Q i C d D_ �_ } -X L U d a_ X \ \ +- y N i- } } i C C 7 +-x =3 CL �' aL aC aC Q to a . 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