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HomeMy WebLinkAboutC07-236 Cornerstone MasonryAGREEMENT FOR CONSTRUCTION PROJECT NAME: FREEDOM SPRAY PARK THIS AGREEMENT is dated as of the 25th day of July, in the year 2007 by and between Eagle County Government (Hereinafter called "Owner" or "ECG") and Cornerstone Masonry (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 Freedom Spray Park, Edwards, Colorado, as further described and identified in plans, specifications and contract documents hereof (hereinafter "Work" or "Project"). 1.1.1 ECG and Contractor agree to the following modifications to the scope of work as set forth in the Contract Documents: 1.1. La All concrete called out to be "Harvest Gold" shall be gray concrete 1.1. Lb Trees will be removed, not relocated. EC will dispose of trees 1.1. Lc The existing sign will not be relocated 1.1. Ld The 2 southernmost bollards are deleted from the scope 1.1. Le Curb/plant bed at future sign is deleted in lieu of concrete paving 1.1. Lf Asphalt transition may be concrete instead L 1. Lg Electric service shall be from existing panel 1. 1. l .h Existing sidewalk not removed, decreased demo/new paving (ECG to have final approval of layout prior to forming) 1.2 Contractor shall furnish labor, materials (see exception below), and services (1) which expeditiously, economically and properly complete its particular scope of the Work in the manner most consistent with the ECG's interests and objectives, (2) in accordance with the Construction Documents, and (3) in accordance with the highest 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. GACapital Projects (CPROJECT)\Water Park\Agreements\Construction\Spray Park construction agreement.cornerstone.doc j 1.2.1 ECG will supply all products detailed in Section 13000.2.2 of the Specification Manual in an undamaged condition for installation by the Contractor. 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 ECG that, by executing this Agreement, it has been fully informed and has thoroughly reviewed: the goals of the Project; the design 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 ECG 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 ECG Project Manager and Engineer to discuss progress, present material and information and respond to questions regarding the Project. Schedule and conduct weekly progress meetings at which subcontractors, the ECG Project Manager and Engineer 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: As required with the submission of the Proposal, the Contractor has prepared and submitted a construction schedule for the work which shall provide for the expeditious and practicable execution of the work. The schedule shall 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. C. Plan Review: Review plans and specifications with the ECG Project Manager to eliminate areas of conflict, for coordination, accuracy and completeness of the plans and specifications at the issue of the construction documents. D. Labor: Analyze the types, quantity and availability of appropriate categories of labor required for various phases of the Project. E. Project Control: Monitor the Work of the subcontractors and coordinate the Work with the activities and responsibilities of the ECG Project Manager to complete the Project in accordance with the construction documents and ECG's objectives of cost, time and quality. F. Organization: Establish on-site organization and lines of authority in order to carry out the overall plans of the Construction Documents. CYACapital Projects (CPROJECT)\Water ParkWgreements\Construction\Spray Park construction agreement. cornerstone. doc G. Communication: Establish procedures for coordination among the ECG Project Manager, subcontractors and Contractor with respect to all aspects of the Project and implement such procedures. H. 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 ECG Project Manager 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. Cost Control: Develop and monitor an effective system of project cost control, showing actual costs for activities in progress and estimates for uncompleted tasks. Incorporate approved changes as they occur. Permits and Fees: Contractor will obtain and pay for the electrical permit applicable to subcontractor work. A Grading Permit may be required, and if so, ECG will waive the fee. K. Staffing: The Contractor shall keep on the Project at all times, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the ECG Project Manager 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 ECG's Project Manager, such consent to not be unreasonably withheld. The Contractor's Project Superintendent shall represent the Contractor in his/her absence and all direction given to him/her shall be as binding as if given to the Contractor. L. Supervision: The Contractor shall provide full-time, qualified and efficient supervision of the Work, using their best skill and attention. The Contractor shall carefully study and compare all drawings, specifications and other instructions and shall at once report to the ECG Project Manager any error, inconsistency or omission which it may discover. The Contractor shall inspect the Work of the subcontractors at all stages and at final completion and shall guard ECG against defects and deficiencies in such Work. The Contractor shall be responsible to ECG 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 ECG, 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. Samples: In collaboration with the ECG Project Manager, establish and implement procedures for expediting the processing and approval of concrete color samples. GACapital Projects (CPROJECT)\Water ParkWgreements\Construction\Spray Park construction agreement. cornerstone. doc O. Reports and Project Site Documents: Record the daily progress of the Project in a daily log available to the ECG and the ECG Project Manager. P. Record Maintenance: Maintain at the Project site, on a current basis, records of all necessary contracts, 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 ECG along with one complete set of "As Built." Q. Project Completion: Determine Project Completion of designated portions of the Work and prepare for the ECG Project Manager 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 ECG Facilities Project Management Department, the Manager of which, or his/her designee, shall be ECG'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 August 1, 2007, and be substantially completed on or before September 28, 2007 and be ready for final payment in accordance with Article 6.3 hereunder. ARTICLE 4 - CONTRACT PRICE 4.1 The ECG has established a cost not to be exceeded for the entire Work. The funds appropriated for this Project are equal to or in excess of the Contract Sum amount. 4.2 The Contract Sum is $157,350.00 and the Contractor acknowledges that the ECG is limited by this sum to construct the entire Work. 4.3 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 ECG to a total expense greater than that which is provided in the appropriation or allocation. The ECG 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 ECG 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 GACapital Projects (CPROJECT)\Water Park\Agreements\Construction\Spray Park construction agreement. cornerstone. doc 4 of order or directive by the ECG, 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 ECG Project Manager that lawful appropriations to cover the costs of the additional work have been made or unless such wo,Tk is covered under a remedy -granting provision in the Agreement. (In no event shall the failure to appropriate funds subject the ECG to any liability for costs, fees or services performed by Contractor or its subcontractors.) 4.2 CONTRACTOR'S FEE 4.2.1 The Contractor's Fee shall be included in the individual line items of the Schedule of Values, attached hereto as Exhibit "A" and included herein by this reference. The Contractor's fee shall include all overhead and profit. 4.3 ADJUSTMENT IN FEE 4.3.1. Adjustments in Fee shall be made as follows: If, after the initial Contract Sum is accepted by the ECG, and ECG's Project Manager directs additions to or other changes that increase the scope of Work, the Contractor's fee applicable to all added work shall be ten percent (10 %) excluding insurance for the additional work. 4.4 CONTRACT SUM 4.4.1. It will be the Contractor's responsibility to maintain a total Contract Sum that does not exceed $157,350.00.00. 4.4.2. The Contract Sum 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 4.5 and the actual fees and costs as outlined below: A. Actual wages paid for labor in the direct employ of the Contractor in the performance of the Work under applicable collective bargaining agreements, or under a salary or wage agreed upon by ECG's Project Manager and Contractor and including such with the ECG are/or other benefits, if any, as may be payable with respect thereto. If these wages are under applicable collective bargaining agreements the termination date of such agreements must be included. B. Actual salaries of Contractor's employees when stationed at the field office, in whatever capacity employed. C. Actual cost of pension contributions, hospitalization, vacations, medical insurance, assessments or taxes for such items as unemployment compensation and social security, insofar as such cost is based on wages, salaries or other remuneration paid to employees of the Contractor and included in the cost of the Work. GACapital Projects (CPROJECT)\Water Park\Agreements\Construction\Spray Park construction agreement. cornerstone. doc D. 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. E. Actual payment made by the Contractor to subcontractors for work performed pursuant to contract under this Agreement. F. Actual cost, including transportation and maintenance, of all materials (with the exception of those materials set for in Section 13000.2.2 of the Project Manual), 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. G. 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. H. Cost of the premiums for all insurance required by the Contract Documents. I. The Electrical Permit Fee. J. 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. K. Cost of removal of all debris. L. Cost incurred due to an emergency affecting the safety of person and property, to the extent not compensated by insurance or otherwise. M. Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the ECG Project Manager. N. All costs directly incurred in the performance of the Work. O. 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. P. Contingencies. Q. Indirect costs (General Conditions). R. Contractor's fee. 4.4.3 The Lump Sum proposal shall: A. Set forth a stated dollar amount which may not be exceeded; GACapital Projects (CPROJECT)\Water Park\Agreements\Construction\Spray Park construction agreement. cornerstone. doc B. Contain no conditions or exceptions, other than those expressly agreed to in the Schedule of Values and Statement of Qualifications, Exhibit A. C. Any allowances shall be contained in the Contract Sum and approved by the ECG Project Manager. 4.4.4 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 ECG 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. 4.4.5 Funds for this project have been budgeted and appropriated. Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to ECG nor shall any payment be made to Contractor for any Work done after December 31, 2007, without the written approval of ECG 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.). 4.5 CLAIMS FOR ADDITIONAL COST 4.5.1 The Contract Sum constitutes the total compensation payable to Contractor for performing the Work. All duties, responsibilities, and obligations assigned to or undertaken by Contractor shall be at his expense without change in the Contract Sum, The Contract Sum may only be changed by a change order. Any claim for an increase in the Contract Sum shall be based on written notice delivered to the ECG Project Manager 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 Contract Sum resulting from such claim shall be authorized by Change Order. 4.5.2 Contractor claims for additional cost are limited to changes made by written order of the Owner in the Work which cause the Contract Sum to be exceeded and such fact is conspicuously noted on the document approved by the Board of County Commissioners. Adjustments in the Contract Sum 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 Contract Sum. ARTICLE 5 - LIQUIDATED DAMAGES 5.1 LIQUIDATED DAMAGES: ECG and Contractor recognize that time is of the essence of this agreement and that ECG will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and GACapital Projects (CPROJECT)\Water Park\Agreements\Construction\Spray Park construction agreement.cornerstone.doc difficulties involved in proving a legal or arbitration preceding the actual loss suffered by ECG if the Work is not substantially complete on time. Accordingly, instead of requiring such proof, ECG and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay ECG 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 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 ECG Project Manager. ECG shall thereon grant an extension equal, in ECG's reasonable opinion, 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 the ECG Project Manager in writing. No time extension will be granted unless a determination is made by ECG, in their sole discretion that good cause exists for such extension. 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: ECG 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. ECG shall have the right to request and inspect supporting documentation for progress payments, including but not limited to receipts and invoices evidencing payments of charges associated with the Work. 6.2.1 Prior to Completion, progress payments will be in an amount equal to: 90% of the Work completed and materials and equipment not incorporated in the Work but delivered and suitably stored until fifty percent (50%) of the Work is performed, after which no additional retainage shall be withheld. Less in each case the aggregate of payments previously made. 6.3 FINAL PAYMENT: Upon final completion and acceptance in accordance with Paragraph 21 of the General Conditions, ECG shall pay the remainder of the Contract Price. The GACapital Projects (CPROJECT)\Water Park\Agreements\Construction\Spray Park construction agreement. cornerstone. doc R 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 ECG 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 that in any manner may affect cost, progress, or performance of the Work. 7.3 Contractor has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data as it deems necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports, or similar data are, or will be required by Contractor for such purposes. 7.4 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 7.5 Contractor has given Owner written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Owner, if any, is acceptable to Contractor. 7.6 In cooperation with ECG, the Contractor shall attend regularly scheduled meetings with the ECG Project Manager at the Project Manager's request to discuss progress, present material and information and respond to questions regarding the Project. The Contractor will be responsible for submitting to the ECG Project Manager, within five working days, the minutes of all meetings during the construction phase. 7.7 At the completion of the project and at ECG's request, the Contractor shall provide a complete set of as -built plans and submit to the ECG Project Manager 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 Any modifications, including Change Orders, duly delivered after execution of Agreement. 8.2 This Agreement. 8.3 General Conditions. GACapital Projects (CPROJECT)\Water Park\Agreements\Construction\Spray Park construction agreement.comerstone.doc 9 8.4 Project Specifications and Plans prepared by ECG dated June 2007. 8.5 Schedule of Values and Statement of Qualifications (Exhibit A) 8.6 Proposal Form (Exhibit B) 8.7 Contractor's Preliminary Construction Schedule (Exhibit C) 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 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 most stringent and beneficial to ECG shall control and apply unless the ECG Project Manager direct otherwise in writing. After the Contract Sum is established, in the event of any conflict between any of the Exhibits or between any of the Exhibits and the other Contract Documents, the greater service, better quality or greater quantity shall be included in the Work and Contract Sum, without additional compensation. The Owner's consultants (including, but not limited to, all designers and engineers), acting as contractors and not agents of the ECG, will prepare and furnish Construction Documents for the Project. The ECG makes no express warranties, and disclaims all implied warranties, with respect to the Construction Documents. More specifically, and without limitation, it is the Contractor's expressed responsibility to review all design and construction documents relating to construct ability and potential conflicts. The purpose of this review is to minimize change orders due to conflicts in the Construction Documents to the greatest extent possible. ARTICLE 9 - SCHEDULE & SECURITY 9.1 Contractor shall submit its proposed Work schedule to the ECG Project Manager for approval. Unless otherwise agreed, Contractor shall be allowed on-site for performance of Work only during the agreed upon time. Construction and staging schedules and plans shall be developed by Contractor and pre -approved by ECG in its' sole discretion prior to construction. 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 ECG. 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. G:\Capital Projects (CPROJECT)\Water Park\Agreements\Construction\Spray Park construction agreement. cornerstone. doc 10 ARTICLE 11- CONTRACTOR'S LEVEL OF CARE 11.1 The Contractor shall be responsible for completeness and accuracy of the Work, including all supporting data and other documents prepared or compiled in performance of the Work, and shall correct, at its sole expense, all errors and omissions therein. The fact that the EC G Project Manager 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. 1.1 ECG, 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 Contract Sum 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 or decreases 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 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, issued after the execution of this Agreement, authorizing a change in the Work, the method or manner of performance, and adjustment in the Contract Sum or the Contract Time. The Contract Sum 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 Contract Sum 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 Eagle County Commissioners. No claim for any change to the Contract Sum or Contract Time shall be valid unless so ordered. No one other than the Board of County Commissioners, in writing, has authority to require an increase to the Contract Sum. 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 disturbed, 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 GACapital Projects (CPROJECT)\Water Park\Agreements\Construction\Spray Park construction agreement. cornerstone. doe 11 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. 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: Facilities Management Dept. Valerie Hays, Project Manager P.O. Box 850 590 Broadway Eagle, Colorado 81631 Phone: 970-328-8881 Fax: 970-328-8899 To CONTRACTOR: Attn: Ben Bray Cornerstone Masoti y 984 Daggett Lane Gypsum, CO 81637 Phone: 970-524-9585 GACapital Projects (CPROJECT)\Water Park\Agreements\Construction\Spray Park construction agreement.comerstone.doc 12 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. ARTICLE 14 - PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES 14.1 The Contractor 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 contractor 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 Contractor 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 Contractor does not employ any illegal aliens. If the Contractor 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 htll2s://www.vis-dhs.com\employerregistration. 14.3 The Contractor 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 Contractor obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: A. Notify the Subcontractor and the ECG within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and B. 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. C. 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. GACapital Projects (CPROJECT)\Water Park\Agreements\Construction\Spray Park construction agreement. cornerstone.doe 13 D. If a Contractor violates the prohibitions set forth in this Article 12, the Owner may terminate the contract for a breach of the contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to ECG. Consequential damages are limited to those violations of this Article 12 and are inapplicable to any other violations of this Agreement. GACapital Projects (CPROJECT)\Water Park\Agreements\Construction\Spray Park construction agreement.cornerstone.doc 14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through It's BOARD OF COUNTY COMMISSIONERS ATTEST: 04 �ceFo s Clerk to the Boarcl of A� County Commissioners CONTRACTOR: By: Cornerstone Masonry STATE OF COLORADO } �? } ss: County of C 1 61} rG0 Am M. Menconi, ChairmanX10 - e,� The foregoing was acknowledged before me this �S d y of 2007 My commission expires: E N : ,0 e L �GPP�o lF COL" k4y Expires 007rM GACapitat Projects (CPROJECT)\Water Park\Agreements\Construction\Spray Park construction agreement. cornerstone. doc 15 GENERAL CONDITIONS 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 (ECG) 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. No charge shall be made by Contractor for hindrances or delays from any cause whatever during the progress of any portion of the Work, unless such hindrance or delay is caused in whole or in part by acts or omissions within the control of Owner. In any event, Owner may grant an extension of time for the completion of the Work, provided it 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) 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 by the Contractor will be new and of good quality; (2) the Work will be free G:\Capital Projects (CPROJECT)\Water Park\Agreements\Construction\Spray Park construction agreement.comerstone.doc 16 from defects not inherent in the quality required or permitted; and (3) the Work will conform to the requirements of the Agreement. 10. Contractor shall comply with and give notices required by all federal, state and local laws, statutes, ordinances, building codes, rules and regulations applicable to the Work. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, rules or regulations without notice to Owner, Contractor shall assume full responsibility for such Work and shall bear the attributable costs. Contractor shall promptly notify Owner in writing of any conflicts between the specifications for the Work and such governmental laws, rules and regulations. 11. Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. 12. 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 negligence of 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. 13. 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; 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 GACapital Projects (CPROJECT)\Water Park\Agreements\Construction\Spray Park construction agreement. cornerstone. doc 17 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/$1,000,000 for bodily injury and $500,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 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. f 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 Insurance shall be placed jointly in the names of the Owner, Contractor, and any and all subcontractors, and any and all others obliged by contract with the Owner to do Work on this project, and, at the Owner's option, any other person or persons whom the Owner deems to have an insurable interest in said property, or any part thereof, payable as their several interests may appear. Any proceeds obtained from insurance provided for by this paragraph shall be paid to and held by the Owner as trustee. The Owner shall have the right to withhold payment of such proceeds until such time as the Work destroyed or damaged and covered by such insurance shall be reconstructed and shall pay such proceeds on an installment basis similar to that provided for by progress payments covering the original Work. GACapital Projects (CPROJECT)\Water Park\Agreements\Construction\Spray Park construction agreement. cornerstone. doc 18 Certificates of Insurance: Certificates of Insurance 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 and his subcontractors shall not permit any of his subcontractors to start Work until all required insurance have been obtained and certificates with the proper endorsements have been filed with the Owner. Failure of the Contractor to comply with the foregoing insurance requirements shall in no way waive the Owner's rights hereunder. 14. 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. 15. 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 General 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. 16. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless Owner, and Eagle County Board of 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) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. 17. 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 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 G:\Capital Projects (CPROJECT)\Water Park\Agreements\Con struction\S pray Park construction agreement.cornerstone.doc 19 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. 18. 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"). 19. 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, and such other data and schedules as Owner may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of all liens arising out of, or filed in connection with the work. In lieu thereof, and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material, and equipment for which lien could be filed, and that all payrolls, material, and equipment bills, and other indebtedness connected with the work, for which Owner or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any subcontractor, manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any lien. 20. Final payment shall not become due until Contractor submits to Owner releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests or encumbrances arising out of the Work. Final payment is subject to the Final Settlement requirements and time periods set forth in C.R.S. §38-26-107. 21.1 The Owner shall not authorize final payment until all items on the punch list have been completed and issues its Final Certificate of Completion, the Notice of Acceptance is G:Tapita! Projects (CPROJECT)\Water Park\Agreements\Construction\Spray Park construction agreement.cornerstone.doe 20 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 Owner may advertise, the Contractor shall: A. Deliver to the ECG Project Manager for review: 1. All guaranties and warranties; 2. A letter confirming that sales taxes from which the ECG is exempt have not been paid; 3. Two (2) sets of as -built drawings; 4. Satisfactory evidence that all payroll, material bills, and other indebtedness connected with the Work have been paid or otherwise satisfied; 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; 6. Consent of the surety to final payment; and 7. Any other documents required to be furnished by the Contract Documents. B. Demonstrate to the operating personnel of the ECG 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, ECG shall withhold from the Contractor sufficient funds to insure the payment of such claim, until the same shall have been paid or withdrawn, such 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 ECG except those arising from: A. Unsettled Claims; GACapital Projects (CPROJECT)\Water ParkWgreements\Construction\Spray Park construction agreement.comerstone.doe 21 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. Contractor shall promptly correct Work rejected by Owner as failing to conform to the requirements of the Agreement and Contractor shall bear the cost of correcting such rejected Work. 26. 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 GACapital Projects (CPROJECT)\Water Park\Agreements\Construction\Spray Park construction agreement.comerstone.doe 22 to Contractor. If, within one year after the date of 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 comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. 27. 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; I E. with the approval of Owner, settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts; and F. deliver to Owner, when and as directed by Owner, all documents and all property which, if the Work had been completed, Contractor would be required to account for or deliver to Owner, and transfer title to such property to Owner to the extent not already transferred. In the event of such termination, the Contractor shall be entitled to payment for the work performed prior to the termination date. GACapital Projects (CPROJECT)\Water Park\Agreements\Construction\Spray Park construction agreement. cornerstone. doe 23 29. 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 ECG. 30. 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 ECG, 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. 31. 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 ECG 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, 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 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. 32. 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. G:\Capital Projects (CPROJECT)\Water Park\Agreements\Construction\Spray Park construction agreement. cornerstone. doe 24 Freedom Spray Park EXHIBIT A Schedule of Values DIV DESCRIPTION COST 1 GENERAL CONDITIONS/GENERAL REQUIREMENTS Mobilization 6 Temporary toilet C7 Construction fencing } {a Supervision 3 SCO eneral labor P DIVISION 1 TOTAL 1Z) 2 DIVISION 2 Include all existing paving demolition as set forth in the Plans A Include all erosion control p Include all costs for removing concrete and surplus soils Include tree and boulder relocation (to adjacent park) Lim Include all costs for relocating existing irrigation system outside the spray pad footprint y 00 Include all rough grading for pads, walks, benches, and curb and gutter. Include all slab prep for pads, walks, curb and gutter 100 Include all underground utilities for water, storm sewer, and electric services losoo Include all backfill and final grading (v(D Include landscape repair at sod to new paving q26 DIVISION 2 TOTAL 3 DIVISION 3 Include all non-colored concrete flat work forming, paving and finish to0b Include all integral-colored paving for spray pads with forming, pouring, finishing p p Include all curb and gutter, forming, pouring, and finish DIVISION 3 TOTAL 4 4 DIVISION 4 Include all elements of work related to the masonry bench foundation and structure Include asonry bench veneer and cap and all incidental labor and material DIVISION 4 TOTAL 2 13 DIVISION 13 - FEATURES PROCURRED AND PROVIDED BY OWNER Include all labor and elements incidental to install of bollards Goo Include all labor and elements incidental to install of park benches Include all labor and elements incidental to relocation of informational sign Include all labor and elements incidental to install of shade structure DIVISION 12 TOTAL 15 DIVISION 15 - SPRAY PARK FEATURES PROVIDED BY OWNER Include all vessel, anchor, and drain rough in and installations including all piping and fittings Q Include all spray features trim including activation bollards I :LO6 Include water meter and service line installation from spray park water service tee bb DIVISION 15 TOTAL 16 ELECTRICAL ROUGH IN AND TRIM Include all power requirements forspray ark features Include new electric service and meter install Cim DIVISION 16 TOTAL y 6z)p TOTAL COST: i S 3 EXHIBIT B PROPOSAL FORM FREEDOM SPRAY PARK Eagle County anticipates a Lump Sum price and contract for the progress of the construction of the Freedom Spray Park in Edwards, Colorado. The Proposal (form attached), shall be submitted with the Schedule of Values and shall provide for the following: 1. Indicate the Lump Sum price to include all components of the Scope of Work as identified in the Contract Documents and defined on the Schedule of Values, including all overhead and the Contractor's Fee. The Schedule of Values shall be accurately identified for use in analyzing Proposals, progress payments, and for any possible future modifications to the scope of work. 2. The cost of Permits are by Owner and shall not be included. 3. There is no requirement for Bid or Performance Bonds. 4. General Liability Insurance shall be included by the Contractor at the limits set forth in the Instructions to Bidders. 5. Owner will procure and provide a number of spray park components and features as detailed in the Specification Manual. 6. Note any exceptions to the Construction Agreement or the Conditions of the Contract for Construction contemplated for the project. Eagle County reserves the right to waive any irregularities or reject Proposals as it deems appropriate. PROPOSAL FORM This form is to be submitted as part of the Proposal. Upon due consideration and review of the Invitation for Bid, I/We do hereby submit the following proposal and establish a Lump Sum Price for the Freedom Spray Park in Edwards, Colorado. 1. Lump Sum Price $ \ —1 4 �sD . 2. Indicate hourly rates for all changes in scope for all levels of self performed work: General Labor $/hour Supervision $Ic-5 /hour 3. Indicate Contractor Fee for all changes in scope: percent 5. Indicate which elements of work you would propose to perform with your own forces. iL By Its I Ll x � n .�.17 y5 t f x 8 4 a §g e lot ry a� °,a � � � � � #� � x � � ¢' i pp S }^fid � � � � � � � �� � �; � � t - - a 3 i d C �_ � q � _ � - ;� gg � II k � � 3 � � �� z k � � ,� `�. y� � 2 � � i � .� � 3 Freedom '-)pray Park EXHIBIT A Schedule OI Values DIV DESCRIPTION COST 1 GENERAL CONDITIONS/GENERAL REQUIREMENTS Mobilization b Temporary toilet U Construction fencing Supervision Sj General labor DIVISION 1 TOTAL y } 2 DIVISION 2 Include all existing paving demolition as set forth in the Plans Li Include all erosion control p Include all costs for removing concrete and surplus soils c , Include tree and boulder relocation (to adjacent park) qM Include all costs for relocating existing irrigation system outside the spray pad footprint L4 bn Include all rough grading for pads, walks, benches, and curb and gutter. S4,00 Include all slab prep for pads, walks, curb and gutter �t 100 Include all underground utilities for water, storm sewer, and electric services losoo Include all backfill and final grading ra(D Include landscape repair at sod to new paving ZO DIVISION 2 TOTAL 3 DIVISION 3 Include all lion-colored concrete flat work forming, paving and finish l,Qb Include all integral-colored paving for spray pads with forming, pouring, finishing p I On Include all curb and gutter, forming, pouring, and finish DIVISION 3 TOTAL 40.400. 4 DIVISION 4 Include all elements of work related to the masonry bench foundation and structure Include masonry bench veneer and cap and all incidental labor and material 4 TOTAL 2 4,4 tin _DIVISION 1 DIVISION 13- 1,11' FS :�.tii? l'Kt.t`�'HP 1)13Y OWNLK — Include all labor+nd c:ut:rtnis it;cidenialinstall of boh<u+FIs Include. all labor and elements incidental to install of park benches Cr c Include all labor and elements incidental to relocation of informational sign Include all """A' ...'d eler;;+,cs tl ISIt _r IUTAL 15 DIVISION 15 - SPRAY PARK FEATURES PROVIDED BY OWNER Include all � :. !, �r,��hor, and drain rough iti iidirlral�nt ,� _�� 1+i�'Ir+_� all piping and fittings —`11c1,- le all .i ay rn bol, , Include water meter and service line installation from spray park water service tee j 6b DIVISION 15 TOTAL1< 16 ELECTRICAL ROUGH IN AND TRIM Include all power rcouirements forspray ark features (j 0 cAoo Include ne�v electric service and meter install DIVISION 16 TOTAL Oa OT.s 1_ COST: 151350 EXHIBIT B PROPOSAL FORM FREEDOM SPRAY PARK Eagle County anticipates a Lump Sum price and contract for the progress of the construction of the Freedom Spray Park in Edwards, Colorado. The Proposal (form attached), shall be submitted with the Schedule of Values and shall provide for the following: 1. Indicate the Lump Sum price to include all components of the Scope of Work as identified in the Contract Documents and defined on the Schedule of Values, including all overhead and the Contractor's Fee. The Schedule of Values shall be accurately identified for use in analyzing Proposals, progress payments, and for any possible future modifications to the scope of work. 2. The cost of Permits are by Owner and shall not be included. 3. There is no requirement for Bid or Performance Bonds. 4. General Liability Insurance shall be included by the Contractor at the limits set forth in the Instructions to Bidders. 5. Owner will procure and provide a number of spray park components and features as detailed in the Specification Manual. 6. Note any exceptions to the Construction Agreement or the Conditions of the Contract for Construction contemplated for the project. Eagle County reserves the right to waive any irregularities or reject Proposals as it deems appropriate. PROPOSAL FORM This form is to be submitted as part of the Proposal. Upon due consideration and review of the Invitation for Bid, I/We do hereby submit the following proposal and establish a Lump Sum Price for the Freedom Spray Park in Edwards, Colorado. 1. Lump Sum Price $ \S-1 , `l�b 2. Indicate hourly rates for all changes in scope for all levels of self performed work: General Labor $�5 /hour Supervision $ 7 5 /hour 3. Indicate Contractor Fee for all changes in scope: _ Mb percent 5. Indicate which elements of work you would propose to perform with your own forces. Its By Its tebbier m ID _ ao I Y r 6 {tF pj is 1 i +Y I