Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutECHDA14-001 R.A. Nelson LLC Construction Agreement CONSTRUCTION AGREEMENT (GUARANTEED MAXIMUM PRICE) Project Name: Riverview Apartments Condensation/Soffits Project Project Address or Location:39169 Hwy 6,Eagle-Vail,Colorado 81620 THIS CONSTRUCTION AGREEMENT ("Agreement") is made as of , 204 between Riverview Apartments Preservation LP, a Colorado Limited Partnership ("Owner"), whose address for purposes hereof is 500 Broadway, Eagle, CO 81631, and R. A. Nelson LLC, a Delaware Corporation ("Contractor"), whose address for purposes hereof is 51 Eagle Road,Avon,CO 81620,who agree as follows: 1. THE PROJECT 1.1 The project which is the subject matter hereof is described as follows:Completion of one stair tower(located in the center tower of Building E)and one balcony(located in building E unit 70)in accordance with Option A on the architectural drawing completed by interaction (a joint venture between Intention Architecture, LLC and 8150 Architects,LLC dated September 13,2013 and attached hereto as Exhibit"B"and consisting of 12 pages. 1.2 Capitalized terms that are not defined in this Agreement shall have the meanings ascribed thereto in the other Contract Documents. 2. THE CONTRACT DOCUMENTS;DEFINITIONS 2.1 The"Contract Documents"consist of this Agreement,the documents listed on Exhibit"A"attached hereto and incorporated herein by this reference and any Modifications. 2.1.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work. The Contract Documents are complementary and what is required by any one shall be binding as if required by all. 2.2 The Contract Documents include,without limitation,the following defined terms: 2.2.1 "Applicable Laws" means all laws, codes, building codes, rules, regulations, ordinances and judgments,and orders of any court,arbitrator or governmental agency or authority as may be in effect from time to time. 2.2.2 "Applicable Permits" means all waivers,permits, authorization, licenses or orders of or from any governmental agency or authority,which are required for performance of the Work. 2.2.3 `Bankruptcy"means: (a)a general assignment for the benefit of creditors;(b)the commencement of proceedings under Title 11 of the United States Code or any other bankruptcy or insolvency of debt or liquidation law or statute of the federal government or any state government;or(c)the adjudication as bankrupt or insolvent under any law or statute or the application for any action which indicates its approval or,consent to, or acquiescence in the appointment of a trustee or receiver with respect to the estate or assets,or any portion thereof. 2.2.4 "Claim"is a demand or assertion by one of the parties seeking an adjustment or interpretation of the Contract Document terms,payment of money,extension of time or other relief with respect to the terms of the Contract Documents. 2.2.5 "Contractor's Fee"means the fee payable to Contractor for its overhead and profit as identified in Contractor's estimate entitled Riverview Stair Tower Insulation I Stair Tower and 1 Deck Estimate Option A soffit replacements dated December 26, 2013 which is attached hereto as Exhibit "C" . Contractor's Fee shall not exceed ten percent(10%)of the Cost of the Work. 2.2.6 "Cost of the Work"means costs necessarily incurred in the proper performance of the Work and paid by Contractor and shall include those items specifically listed in Section 5.1.1 hereof. 2.2.7 "Final Acceptance" occurs when all punch list items have been corrected by Contractor and the Work accepted by Owner. 2.2.8 "Final Acceptance Date" shall be no later than February 28, 2014, subject to authorized adjustments as provided herein. 2.29 "Guaranteed Maximum Price"means the price for the Work set forth in Section 5.2 as such price may be adjusted from time to time as provided herein. H DA ILf_O41 2.2.10 "Modification"means (a) a written amendment to the Contract Documents signed by Owner and Contractor, (b) a Change Order, or (c)a written order for a minor change in the Work issued by Owner. The Contract Documents may be amended or modified only by a Modification. 2.2.11 Intentionally left blank 2.2.12 "Site"means the location of the Project and(or)where the Work is being performed. 2.2.13 "Substantial Completion" or "Substantially Complete" is the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents so that Owner(or its tenants) can occupy or utilize the Work for its intended use and(as applicable)a Temporary Certificate of Occupancy(or its functional equivalent)has been issued by the appropriate governmental agency. 2.2.14 "Substantial Completion Date" is February 21, 2014, subject to authorized adjustments as provided herein. 2.2.15 Intentionally left blank 2.2.16"Work"means the construction and services described/required by the Contract Documents or reasonably inferable therefrom. 3. WORK AND OBLIGATIONS UNDER THE CONTRACT DOCUMENTS 3.1 Contractor shall perform all the Work for the complete construction of the Project in accordance with the Contract Documents. Contractor represents that it has visited the Site and is familiar with local conditions under which the Work is to be performed. 3.2 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 under the Contract Documents, including, without limitation,the responsibility to: 3.2.1 Manage and direct the Work in all particulars and coordinate the Work in order to complete the Project in accordance with the Contract Documents. 3.2.2 Inspect for the quality and workmanship of the Work. 3.2.3 Furnish,provide and pay for all supervision,labor,materials,fabrications,assemblies,construction equipment and machinery, tools, transportation and all other facilities and services necessary for the proper execution and completion of the Work. 3.2.4 Perform any and all cutting, fitting or patching that may be required to complete the Work or to make its several parts fit together properly. 3.2.5 Keep the Project and Site free from accumulation of waste materials or rubbish. 3.2.6 Replace any broken glass, remove stains, spots, marks and dirt from painted or decorated work, clean hardware,remove paint spots and smears from all surfaces,clean fixtures and wash all concrete masonry and tile and clean all glass. 3.2.7 Ensure the accuracy of the Project lines and levels and cause the Work to be erected square,plumb, level, true and line and grade at or better than industry standard, in the place and to the correct elevation and(or) slope as indicated in the Contract Documents. 3.2.8 Arrange for tests,inspections and approvals as required by Owner and Applicable Laws. 3.2.9 Start-up and test successfully all systems and equipment included in the Work and comply fully with each manufacturer's specifications and instructions. 3.2.10 Confine operations at the Site to areas permitted by Applicable Laws, Applicable Permits and the Contract Documents. 3.2.11 Control the blowing or spreading of dust,smoke,dirt,mud and refuse from the Work. 3.2.12 Remove all water,ice,snow and(or)mud interfering with the Work. 3.2.13 Perform the Work so as not to interfere with or disrupt the business operations of Owner(or its tenants)or any adjacent businesses and(or)recreation areas. 3.2.14 Perform all the Work required by the Contract Documents or reasonably inferable therefrom, for the complete construction of the Project in accordance with the Contract Documents. 3.2.15 Limit the activities of all parties under its control to the area(s)designated by Owner,and to protect and prevent damage or disturbance to any trees or other vegetation outside of the clearing limits, as shown on the Contract Documents. 3.3 If Contractor fails to carry out Work in accordance with the Contract Documents,Owner may issue a written order to Contractor to stop the Work until the cause for such order has been eliminated. Owner's exercise of this right shall not modify the Substantial Completion Date,Final Acceptance Date or the Guaranteed Maximum Price,nor shall Owner's rights and remedies against Contractor be limited by the exercise of such right. 3.4 If Contractor defaults in the performance of its obligations under the Contract Documents, Owner may correct such deficiencies, without prejudice to other remedies Owner may have. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due Contractor the cost of correcting such deficiencies, including Owner's actual, out-of-pocket expenses plus a surcharge equal to fifteen percent (15%). If • payments then or thereafter due Contractor are not sufficient to cover such amounts, Contractor shall pay the difference to Owner. 3.5 Those portions of the Work that Contractor does not customarily perform with Contractor's own personnel shall be performed under subcontracts and (or) by other appropriate agreements with Contractor (individually a "Subcontract"and collectively"Subcontracts"). 3.6 All Subcontracts shall conform to the provisions of this Agreement, and shall comply with all applicable federal and state laws and shall provide that such Subcontracts shall be governed by the laws of the State of Colorado. By an appropriate written agreement, Contractor shall require the subcontractor to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of the Contract Documents and to assume toward Contractor all the obligations and responsibility which Contractor, by these Documents assumes towards Owner. Said agreement shall preserve and protect the rights of Owner under the Contract Documents with respect to the Work to be performed by the subcontractor so that the subcontracting thereof will not prejudice such rights. Contractor shall require that each subcontractor enter into similar agreements with its subcontractors. Nothing contained in the Contract Documents shall be deemed to create any contractual relationship between any subcontractor of any tier and Owner. 3.7 Owner's contact is Jill Klosterman. Owner's contact for access to the Project and all other on-site related issues is Daniel Murray. Contractor's project manager is Bruce Gentry and Contractor's superintendent is Oscar Lozano. Neither Owner's nor Contractor's representatives shall be changed with less than ten(10)days prior written notice to the other. Owner shall be entitled to approve in advance, any change in Contractor's project manager or superintendent. Such approval shall not be unreasonably withheld. 3.8 Owner and all of its employees and agents shall have the right to have full access and use of the Site. 3.9 Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with Contractor. Such partial occupancy or use may commence whether or not the portion is Substantially Complete. Such use or occupancy shall not constitute acceptance of Work not complying with the requirements of the Contract Documents or begin any warranty periods. 4. DATE OF COMMENCEMENT;PROSECUTION OF WORK;MILESTONES 4.1 The Work shall commence no earlier than January 7,2014 and no later than February 10,2014. Substantial Completion shall be achieved no later than February 21, 2014 and Final Acceptance shall be completed no later than February 28,2014. 4.2 Contractor shall diligently and continuously prosecute the Work and achieve Substantial Completion for the Work no later than the Substantial Completion Date identified in this contract. Contractor shall notify Owner when Substantial Completion has been achieved and an inspection of the Work shall occur within one business day of such notice. Owner shall identify in writing any punch list items to be completed by Contractor by the Final Acceptance Date identified in this contract. 4.3 Contractor shall notify Owner when punch list items have been performed so Owner may inspect and determine that Final Acceptance has been achieved. No modifications shall be made to the Substantial Completion Date or Final Acceptance Date for the Work unless a written Change Order is executed by Owner in accordance with the Contract Documents. 4.4 Intentionally left blank. 4.5 Contractor warrants to Owner that: (i) materials and equipment shall be of first class quality, new, merchantable,of good quality and free from defects unless otherwise specifically required or permitted by the Contract Documents; (ii) the Work shall be free from defects and deficiencies; (iii)the Work will conform to the requirements of the Contract Documents and Applicable Laws and Applicable Permits; and (iv)the Work shall be performed in a good and workmanlike manner. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. All guarantees or warranties of equipment or materials furnished to Contractor or any Subcontractor(s)by any manufacturer or supplier shall be for the benefit of Owner. Contractor shall and hereby does covenant, warrant and agree that it shall repair or replace any and all of the Work, together with other Work which may be displaced in so doing, without increase in the Contract Sum or Contract Time, for a period of eighteen (18)months for the Work following the date of Final Acceptance of the Work.All warranties shall survive termination of this Agreement. 4.6 Contractor shall employ all such additional labor services and supervision, including such extra shifts and overtime,as may be necessary to maintain progress in order to achieve Substantial Completion and Final Acceptance by the Substantial Completion Date and Final Acceptance Date identified for the Work,all without an increase to the Guaranteed Maximum Price. 4.7 TIME IS OF THE ESSENCE IN THE PERFORMANCE BY CONTRACTOR OF THE WORK UNDER THE CONTRACT DOCUMENTS. 5. COST OF WORK;CONTRACTOR'S FEE; GUARANTEED MAXIMUM PRICE 5.1 Subject to the Guaranteed Maximum Price,Owner shall pay Contractor,for Contractor's performance of the Work under the Contract Documents,the total amount of the Cost of the Work plus the Contractor's Fee. 5.1.1 The Cost of the Work shall be at commercially reasonable rates in the locality of the Work except with prior written consent of Owner,and shall include only the following items: 5.1.1.1 The items identified in the architect's drawings. 5.1.1.2 Intentionally left blank. 5.1.1.3 Permit fees shall be paid by Owner. 5.1.1.4 Other costs necessarily incurred in the performance of the Work if and to the extent reasonable and approved in advance in writing by Owner. Owner and Contractor agree that the costs for items which are customarily considered as being"general conditions costs"are included in the Cost of the Work,and are subject to the Guaranteed Maximum Price. 5.1.1.5 Costs of correction of the Work, provided (a) the correction of the Work is not attributable to fault or negligence of Contractor, anyone directly or indirectly employed by Contractor, or anyone whose acts Contactor may be liable, (b) Contractor has caused the Work to be performed in accordance with the Contract Documents,published industry standard practices, and(c) Contractor has demonstrated to Owner that Contractor has exercised due care in its performance of the Work. 5.2 Contractor agrees and guarantees that the maximum cost to Owner, including the Cost of the Work and Contractor's Fee, shall not exceed the sum $26,294.04 (the "Guaranteed Maximum Price"). The Guaranteed Maximum Price shall be increased or decreased for Changes in the Work only as provided in Section 6. Owner will retain any and all savings of the amount by which the Cost of the Work plus Contractor's Fee is less than the Guaranteed Maximum Price. 5.2.1 Intentionally left blank, 5.2.2 Intentionally left blank. 5.3 Intentionally left blank. 6. CHANGES IN THE WORK 6.1 Changes in the Work may be accomplished after execution of the Contract Documents, and without invalidating the Contract Documents, only by a written change order or construction contract directive executed by Owner(each a"Change Order"). There shall be no verbal change orders and under no circumstances shall Contractor have the right to rely on the same.No change in Work shall be performed until the same has been approved in writing by Owner. If Contractor performs changes in the Work without first obtaining a written Change Order approved by Owner,then Owner shall not be responsible for costs and fees associated with the Change Order. 6.2 Owner may order changes in the Work consisting of additions,deletions or other revisions of the Work,with the Guaranteed Maximum Price and (or) the Substantial Completion Date or Final Acceptance Date being adjusted accordingly(individually a"Change"and collectively"Changes"). All such Changes in the Work shall be authorized by Change Order,and shall be performed pursuant to the Contract Documents. 6.3 Within three(3)days of receipt of an order for Change(s) from Owner,Contractor shall prepare and submit to Owner,a detailed breakdown(with all supporting documentation)sufficient to enable Owner to determine the effect to the Guaranteed Maximum Price,if any,and the effect to the Substantial Completion Date or Final Acceptance Date, if any,of a proposed Change. 6.4 The amount of any adjustments resulting from a Change Order approved by Owner shall be determined by Owner by calculating the net cost of such Change(s) on the basis of the reasonable expenditures and savings attributable to the Change. 6.5 Notwithstanding and pending resolution of any dispute regarding any adjustment to the Guaranteed Maximum Price or the Substantial Completion Date with respect to a Change,Contractor shall promptly proceed with Work required by any Change Order issued by Owner. 7. CLAIMS 7.1 If Contractor contends that an order from Owner or other event or occurrence causes a Change in the Work entitling Contractor to an adjustment to the Guaranteed Maximum Price or Substantial Completion Date or Final Acceptance Date for the Work, Contractor shall: (a) provide a written"Notice of Claim"to Owner within three (3) days after Contractor's knowledge of the event upon which the Claim is based;and(b)provide a written statement of Claim to Owner within three (3) days after Contractor makes the Notice of Claim, which statement shall include a clear, concise recital of the basis upon which the Claim is asserted. All costs, expenses, damages and extensions of time claimed as a result of the alleged Change shall be described in reasonable detail together with complete supporting documentation. 7.2 Owner shall review any timely Claim submitted by Contractor. If,upon completion of such review,Owner determines a Change is justified, Owner shall issue a Change Order amending the Guaranteed Maximum Price or Substantial Completion Date and(or)Final Acceptance Date for the Work. Otherwise, Owner may determine not to so issue a Change Order amending the Guaranteed Maximum Price or Substantial Completion Date and(or) Final Acceptance Date. If Contractor disputes the determination made by Owner,Contractor shall notify Owner in writing within three (3) days following receipt of the determination and permit Owner five (5) additional days to reconsider and,if it deems it appropriate,modify its decision. If Owner does not modify its decision and Contractor still disputes Owner's determination, then Contractor may pursue any available remedies at law. Notwithstanding the foregoing, the parties acknowledge and agree that Contractor shall not be entitled to a Change Order unless Contractor submits a written Notice of Claim to Owner and otherwise follows the processes and procedures set forth in this Section 7 within the time limitations set forth in this Section 7,time being of the essence with respect thereto. Pending final resolution of any Claim,Contractor shall proceed diligently with performance of the Contract Documents. 7.3 It is specifically acknowledged that no change to any Substantial Completion Date or Final Acceptance Date shall be effective unless and until a Change Order is properly executed in accordance with the Contract Documents. If Owner finds that Contractor is entitled to any extension of the Substantial Completion Date and(or)Final Acceptance Date, Owner's determination as to the total number of days extension shall be based upon all data relevant to such extension and shall be set forth in a Change Order executed in accordance with the Contract Documents. Actual delays in activities which do not affect the critical path shall not be the basis for a Change Order with respect thereto. 7.4 Owner shall have the right to require,by Change Order,that completion of all or any portion of the Work be accelerated to an earlier time. In the case of such acceleration, Owner shall reimburse Contractor for increases in his cost directly attributable to such acceleration and the Guaranteed Maximum Price shall be adjusted accordingly. 7.5 No Change in the Work, whether by alteration or addition to the Work, shall be the basis of an addition to the Guaranteed Maximum Price or a change to the Substantial Completion Date and(or)Final Acceptance Date unless and until such addition or change has been authorized by a written Change Order executed and issued in accordance with and in strict compliance with the Contract Documents. 8. PAYMENTS 8.1 Contractor shall submit a single application for payment to the Owner upon completion of the Work in accordance with the provisions herein: 8.1.1 Contractor shall submit the following to Owner with the Application for Payment: (a)Contractor's invoice and application for payment completed in accordance with the Contract Documents, along with proper back-up documentation in a form satisfactory to Owner within thirty(30) days of Final Acceptance of the Work; (b) executed release of liens for itself and each of its subcontractors and materialmen (if-applicable) in a form satisfactory to Owner; and(c) a written certification detailing all Claims, threatened Claims, and the existence of any facts or circumstances reasonably likely to result in any Claims, which have not been tendered in writing to Owner on or prior to the date of such Application for Payment, and any Claims that are not and should otherwise be so included in such certification by Contractor shall be deemed waived and released. 8.1.2 The Application for Payment shall be submitted within thirty(30)days of the Final Acceptance of the Work. The Application for Payment shall be accompanied by those items listed in Section 8.1.1 or other documentation as may be required by Owner,if any. 8.1.3 Provided that an Application for Payment and Work comply with the Contract Documents and other requirements of the Contract Documents are fulfilled,Owner shall make payment to Contractor within thirty (30)days of receipt of an Application for Payment.Notwithstanding the foregoing,in the event of any of the Work is defective and not yet remedied, or any claim or lien by any third party has been asserted or threatened with respect to the Work or Owner has been injured or damaged by Contractor's performance or failure to perform the Work, then Owner may, in addition to all other remedies available to it, withhold such sums as Owner deems necessary from Contractor until such matters are resolved. 8.1.4 As the same relate to a particular Application for Payment, Contractor shall deliver the executed unconditional releases as to itself and its subcontractors and materialmen (if applicable) to Owner not later than thirty(30)days following payment by Owner. 8.1.5 When the Work and any punch list items have been completed and accepted by Owner,Owner will prepare a"Certificate of Final Acceptance" which shall establish and fix the time within which warranties for the Work required by the Contract Documents shall commence. The form of Certificate of Final Acceptance is attached hereto as Exhibit"D". 8.1.6 Not later than thirty (30) days following final payment by Owner, Contractor shall deliver to Owner an appropriate waiver of lien rights and an executed unconditional release of claims against Owner and the Project,from itself and its subcontractors and materialmen(if applicable). 8.2 No payment shall be construed as an acceptance of defective or incomplete work, and Contractor shall remain responsible for its performance conforming to the requirements of the Contract Documents. The making of final payment shall not constitute a waiver of any claims by Owner against Contractor. 9. LIENS 9.1 If any lien, Notice of Intent to File a Lien Statement, Lien Statement, stop notice or claim is recorded or served in connection with the Work, unless caused by Owner's failure to make payments pursuant to the Contract Documents,Contractor shall,immediately and at its own expense,record or file,or cause to be recorded or filed,in the office of the county recorder or court in which the lien,stop notice,notice or claim was recorded,or with the person(s) on whom the lien, stop notice, notice or claim was served, a bond executed by a good and sufficient surety, and approved by Owner,in a sum equal to one hundred fifty(150%)percent of the amount of such lien,stop notice,notice or claim, which bond shall guarantee the payment of any amounts which the claimant may recover on the lien, stop notice,notice or claim,together with the claimant's costs of suit in the action if the claimant recovers therein. 9.2 If Contractor fails to cause any lien to be removed from the Project or any stop notices,or other notices to be negated as herein provided, Owner may employ whatever means it may deem appropriate, in its sole discretion, to cause the lien to be removed,and the effect of any stop notices or other notices to be negated. Contractor shall,upon demand, reimburse Owner for all costs, including without limitation actual attorneys' fees incurred by Owner in connection with any suit, lien or stop notice. Owner may offset any such costs against amounts otherwise owing to Contractor hereunder. 10. UNCOVERING AND CORRECTION OF WORK 10.1 If a portion of the Work is covered contrary to a request by Owner or contrary to requirements specifically expressed in the Contract Documents, such Work must, if required in writing by Owner, be uncovered for Owner's examination and be replaced at Contractor's expense without change to the Guaranteed Maximum Price or Substantial Completion Date. 10.2 Contractor shall promptly correct Work rejected by Owner or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including, but not limited to, additional testing and inspections,shall be at Contractor's expense. 10.3 If,within eighteen(18)months(the"Correction Period") after the date of Final Acceptance of the Work or designated portion thereof or after the date for commencement of warranties established under Section 4.5 any of the Work is found to be not in accordance with the requirements of the Contract Documents, Contractor shall correct such nonconforming Work promptly after receipt of written notice from Owner to do so and without further payment or reimbursement. Owner shall give such notice after discovery of the condition. If Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from Owner, Owner may correct the nonconforming Work at Contractor's expense. The Correction Period shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. 10.4 Nothing contained in this Section 10 shall be construed to establish a period of limitation with respect to other obligations which Contractor might have under the Contract Documents. Furthermore,nothing contained in the Contract Documents shall in any way limit the right of Owner to assert claims for damages resulting from patent or latent defects in the Work for the period of limitations prescribed by Colorado law, and the foregoing shall be in addition to any other rights and remedies Owner may have hereunder or at law or in equity. 11. TERMINATION OR SUSPENSION OF THE CONTRACT 11.1 If Contractor shall default in the performance of its obligations under the Contract Documents then Owner shall have the right to: (a)terminate in whole or in part the Contract Documents and the Work thereunder and Contractor shall not be entitled to any further compensation whatsoever for any Work undertaken or otherwise,except as specifically provided in this Section; (b) take possession of and use all or any part of Contractor's materials and supplies used by Contractor in the performance of the Work and to use such property in the completion of the Work; and(c)complete all or any portion of the Work in any manner it deems desirable, including engaging the services of other parties therefor. If after exercising any such remedy,the cost to Owner of the performance of the balance of the Work exceeds the Guaranteed Maximum Price as adjusted in accordance with the terms of the Contract Documents for the Work or any portion thereof so terminated, Contractor shall be liable for and shall reimburse Owner for such excess within ten (10) days of receipt of Owner's demand for reimbursement, and any other damages incurred by Owner due to Contractor's breach, including but not limited to any liquidated damages payable to Owner under the Contract Documents. If the cost to Owner for completing such Work shall be less than the Guaranteed Maximum Price as adjusted under the Contract Documents for the Work or any portion thereof so terminated, Owner shall pay any amounts which Contractor had earned with respect to the Work or portion thereof prior to Owner's termination; provided, however, that Owner shall in no event pay an amount greater than the difference between the Guaranteed Maximum Price for the Work or the portion thereof terminated hereunder and the amount previously paid to Contractor. 11.1.1 If Contractor is or becomes subject to any Bankruptcy,Owner shall have the right to terminate the Contract Documents and pursue the rights set forth above in Section 11.1. 11.1.2 Owner reserves the right to terminate the Contract Documents, without regard to fault or breach of Contractor, and for any reason,and with or without cause and without penalty,upon not less than seven(7)days written notice to Contractor, effective immediately unless otherwise provided in said notice. In the event of such termination,Contractor shall,as soon as practical after receiving a notice of termination under this Section,submit to Owner an invoice for Work performed and not yet paid for by Owner prior to the date of termination. Acceptance of payment by Contractor as being in accordance with this section shall constitute a waiver of all further claims by Contractor against Owner under the Contract Documents. 11.1.2.1 In no event shall Owner be responsible for Contractor's lost profits,overhead or consequential damages. 11.1.2.2 Upon payment by Owner of the sums set forth in Section 11.1.2, Contractor shall transfer to Owner title to all materials,equipment and other property included or ordered for the terminated portion of the Work, the cost of which was included in Contractor's invoice. 11.1.3 If, through no act or fault of Contractor, the Work is suspended for a period of more than ninety days by Owner, or under an order of court or other public authority, or Owner fails to act on any Application for Payment as set forth in this Agreement, or Owner fails for thirty (30) days to pay Contractor any sum finally determined to be due, the Contractor may,upon seven days written notice to Owner, terminate the Agreement and recover from Owner payment for all Work satisfactorily performed through the date of termination. 11.1.4 Upon termination of the Contract Documents for any reason, Contractor shall: (a) forthwith withdraw its employees, workmen, machinery and equipment from the Site in an orderly manner, as directed by Owner; (b) within twenty (20) days after such termination, furnish Owner with a complete accounting of the amounts incurred to the date of termination together with a final status report updating the progress of the Work up to the date of termination; (c) within five (5) days after said termination, deliver to Owner all drawings available, and all other of Contractor's engineering, procurement, accounting and construction documents and records relating to the Work performed under the Contract Documents; and(d) within five(5)days after said termination and if Owner so elects, assign to Owner (and(or) Owner's designee, including any substitute general contractor selected by Owner)all of Contractor's interest in any subcontracts and purchase orders that Owner so designates in writing. 12. INSURANCE Unless otherwise agreed to in writing by Owner, Contractor agrees to provide and maintain, at Contractor's sole cost and expense,for itself and its subcontractors the following insurance coverages: 12.1 Types of Insurance: 12.1.1 Workers'Compensation,with policy limits as required by law,and Employers Liability Coverage, with policy limits of$1,000,000 for each accident for Bodily Injury by Accident;$1,000,000 for each employee for Bodily Injury by Disease; and $1,000,000 policy limit for each Bodily Injury by Disease, and a waiver of subrogation in favor of Owner. 12.1.2 Commercial Auto Coverage, with limits of not less than $1,000,000 for each accident combined Bodily Injury and Property Damage Liability insurance, including coverage for owned, hired, and non-owned vehicles with a waiver of subrogation in favor of Owner. 12.1.3 Commercial General Liability, on the current ISO"occurrence" type commercial general liability form(CG 0001),with limits of liability of not less than$1,000,000 per occurrence; 1,000,000 for bodily injury and property damage liability; $1,000,000 for personal injury and advertising injury liability; and$2,000,000 in annual aggregate limits. The policy shall provide products-completed operations coverage,blanket contractually assumed liability coverage with the employee exclusion deleted. The policy shall provide a waiver of subrogation in favor of,and shall list as additional insureds Owner,and any other persons and entities Owner shall designate. 12.1.4 Professional Liability (Errors and Omissions) Insurance, with prior acts coverage for all Work, in a form and with insurer or insurers satisfactory to Owner, with limits of liability of not less than $2,000,000 per claim and$2,000,000 in the aggregate. The policy shall provide a waiver of subrogation in favor of Owner, and any other persons and entities Owner shall designate. If such policy is requested by the Owner,the Contractor will be reimbursed via change order for any cost incurred to purchase such policy. 12.1.5 Additional Insured.Additional Insured referred to herein shall include Owner,its respective successors and assigns and persons and entities that Owner shall designate. 12.2 Other Requirements: 12.2.1 Contractor shall maintain the foregoing coverage in effect until the Work is completed and during any warranty period. 12.2.2 All policies must contain an endorsement affording an unqualified thirty (30) days' notice of cancellation to Owner. 12.2.3 All policies must be written by insurance companies whose rating in the most recent Best's rating guide is not less than A-(VII). 12.2.4 Certificates of Insurance with the required endorsements evidencing the coverage must be delivered to Owner prior to commencement of any of the Work under this Agreement and must be provided on an annual basis commencing on the first(1")anniversary of the policy year and continuing thereafter, or at any time within fifteen(15)days after request therefor by Owner or an additional insured. 12.2.5 Contractor's insurance shall be primary and non-contributory to any insurance held by Owner. 12.3 Owner,and all additional insured parties listed on policies as required hereunder are third party beneficiaries of this Section 12. The provisions of this Section 12 shall survive the termination of this Agreement. 13. INDEMNIFICATION 13.1 The Contractor shall indemnify and hold harmless Owner, its officers, agents and employees ("Indemnitees") against any losses, claims, damages or liabilities for which Indemnitees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon the negligent performance or nonperformance by Contractor or any of its sub-contractors hereunder; and Contractor shall reimburse Indemnitees for reasonable attorney fees and costs, legal and other expenses incurred by Indemnitees in connection with investigating or defending any such loss, claim, damage, liability or action which the Contractor is determined to be negligent. This indemnification shall not apply to claims by third parties against the Indemnitees to the extent that Indemnitees are liable to such third party for such claims without regard to the involvement of the Contractor. The indemnity and hold harmless provisions of this Agreement shall survive expiration or termination hereof. 14. PROTECTION OF PERSONS AND PROPERTY 14.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract Documents. Contractor shall give notices and comply with all Applicable Laws regarding the safety of persons and(or)property and their protection from damage,injury or loss. 14.2 Contractor shall ensure that all Colorado-OSHA and other applicable safety guidelines are met. 14.3 The cost of any safety violation shall be the sole responsibility of Contractor. 14.4 Contractor shall not cause or permit any Hazardous Materials(as defined below)to be brought upon,kept or used in or about the Site except to the extent such Hazardous Materials: (a) are necessary for the prosecution of the Work, and are so kept and utilized in full compliance with all Applicable Laws; (b) are required pursuant to the Contract Documents;and(c)have been approved in writing by Owner. Any Hazardous Materials allowed to be used on the Site shall be used, stored and disposed of in compliance with all Applicable Laws relating to such Hazardous Materials. As used herein, the term "Hazardous Materials" means any hazardous or toxic materials, pollutants, contaminants or wastes and any other chemical,material or substance,the handling,storage,release,transportation,or disposal of which is or becomes prohibited, limited or regulated by any federal, state, county, regional or local authority or which,even if not so regulated,is or becomes known to pose a hazard to health and(or)safety. 15. MISCELLANEOUS PROVISIONS 15.1 The Contract Documents shall be governed by the laws of the State of Colorado and venue shall be in the District Court of Eagle County,Colorado. 15.2 In performing its obligations under this Agreement, Contractor and any of its subcontractors or employees shall be deemed an independent contractor and not an agent or employee of Owner. 15.3 If any term, covenant or condition of the Contract Documents shall to any extent be deemed invalid or unenforceable, then the remainder of the Contract Documents shall not be affected thereby, and each term, covenant and condition of the Contract Documents shall be valid and enforceable to the fullest extent permitted by law. 15.4 The Contract Documents constitute the entire agreement between the parties hereto with respect to the matters covered thereby. All prior negotiations, representations and agreements not incorporated in such Contract Documents are superseded by this Agreement and the Contract Documents. 15.5 Contractor represents and warrants that it holds a license,permit or other special license,as required by law, to perform the Work and shall keep and maintain all such licenses,permits and special licenses in good standing and in full force and effect at all times while Contractor is performing the Work. 15.6 Contractor shall not assign, transfer or encumber, in whole or in part, its interest under the Contract Documents without the prior written consent of Owner, which consent Owner may withhold in its sole discretion. Owner and Contractor respectively bind themselves, their successors and assigns to the other party hereto and to the successors and assigns of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. 15.7 In performing the Work,Contractor shall determine the applicability of, and shall ensure that the means and methods of construction comply with all Applicable Laws and Applicable Permits. OWNER: CONTRACTOR: Riverview Apartments Preservation LP, a Colorado R.A.Nelson LLC,a Colorado LLC limited partnership / I 7:6:041A, By: AiVe .14In By:Name: '/ i 2 Nam . 5..x/.1. J. F9 `N Name: AZIEIME '' Its: C4�kA,<h.J Its: lJ, ', • . EXHIBIT"A" Contract Documents The Contract Documents consist of this Agreement, Modifications issued after execution of this Agreement, and the following documents: This Exhibit A. Exhibit B—Interaction architecture drawing dated September 13,2013 for Option A consisting of 12 pages. Exhibit C-Contractor's Estimate entitled Riverview Stair Tower Insulation 1 Stair Tower and 1 Deck Estimate Option A soffit replacements dated December 26,2013. Exhibit D-Form Certification of Final Acceptance EXHIBIT`B" Interaction drawings dated September 13,2013 co B A 0 3 6 li 1 i 1 1 1 1 1 ii 1 ill 1 ii 1 • m I 1 ai„ SK-26 EXTENT OF NEW SPRAY F7AM SULATION&IGNITION BARRIER I SHOWN IN YELLOV '- ■■ll'.. EXTENT OF NEW"OPEN"Cl!DAFY SOFFIT SHOWN BROWN EXISTING . CONSTRUCTION tf, SHOWN IN GREY I. gi N III — ,:g 4 o e 4 2 7 Pt 3 Y1 „t,..' , ai 7. , ftm 44.r,t .r ,fir t i ., x��,e 'c, ,` r,"� 4r.�` 7 of 4�` - }' STAIR TOWER REFLECTED CEILING PLAN (STAIR TOWER A SHOWN) OPTION OA 1 1/4" = 1'-0" Interaction in ajointventureber7 RIVERVIEW APARTMENTS tention Architecture,LLC STAIR TOWER RCP OPTION A and 53 Red Barn Street 8150 Archi ects,LLC RENOVATION Edwards,Colorado 81632 38169 US HWY.6 EAGLE-VAIL, Pro Project number 0908 970.376.3326 matt 1 matt@8150architects.com COLORADO Date 09.13.13 SK-24A 970.390.0013 seth LOT 1, BLOCK 2, EAGLE-VAIL seth @intentionarchitecture.com FILING 2, RECEPTION NO. R702706, Drawn by ML 888.879.2105 f PARCEL NO.2103-073-01001 Checked by SB Scale 1/4"= 1'-0" • B A ,A, -, : ,,,,, , ,,,, , ,„,; . 'ii-.1 0 SK 26 I 3 EXTENT OF NEW SPRAY FOAM.; 14 INSULATION&IGNITION BARRIER 1 SHOWN IN YELLOW' k' EXTENT OF NEW VENTS SHOWN IN GREEN (12"HARDIESOFFIT SHOWN) EXISTING , 1 CONSTRUCTION f; SHOWN IN GREY 0 9 I +± °(dxR/;,,fie16`+Y,1„E a:.�iS rlt E. . ...c^�� n v ., .?, , ., "''{,. ,. E .T. s:.� ., r..f J 3 1fFI i' ,1 1 `'aT ,, 5,. i. Y. t4: f 14,t STAIR TOWER REFLECTED CEILING PLAN (STAIR TOWER A SHOWN) OPTION O1 B1/4” = 11-0" a joint venture between RIVERVIEW APARTMENTS interaction IntentionArchitedure,LLC STAIR TOWER RCP OPTION B and RENOVATION 53 Red Barn Street 8150 Architects,LLC Edwards,Colorado 81632 38169 US HWY.6 EAGLE-VAIL, Project number 0908 970.376.3326 matt matt@8150architects.com COLORADO Date 09.13.13 SK-24B 970.390.0013 seth LOT 1, BLOCK 2, EAGLE-VAIL seth @intentionarchitecture.com FILING 2, RECEPTION NO. R702706, Drawn by ML 888.879.2105 f PARCEL NO.2103-073-01001 Checked by SB Scale 1/4"= 1-0" SBA EXTENT OF NEW SPRAY FOAM - ' INSULATION& IGNITION BARRIER SHOWN IN YELLOW I EXISTING CONSTRUCTION SHOWN IN GREY EXTENT OF NEW = "OPEN"CEDAR SOFFIT SHOWN IN BROWN 1 I SK-27 I�� B2 B1 BALCONY REFLECTED CEILING PLAN OPTION A 1/4" = 1'-0" interaction Ialointventurebetwre7 RIVERVIEW APARTMENTS ntentionArandecture,LLC BALCONY RCP OPTION A 53 Red Barn Street 8150 Architects,LLC RENOVATION Edwards,Colorado 81632 38169 US HWY.6 EAGLE-VAIL, Project number 0908 970.376.3326 matt COLORADO matt@8150architects.com Date 09.13.13 SK 25A 970.390.0013 seth LOT 1, BLOCK 2, EAGLE-VAIL seth @intentionarchitecture.com FILING 2, RECEPTION NO. R702706, Drawn by ML 888.879.2105 f PARCEL NO.2103-073-01001 Checked by SB Scale 1/4"= 1-0" • . { 4„:„. _ -,T BA EXTENT OF NEW SPRAY FOAM INSULATION& IGNITION BARRIER 1 SHOWN IN YELLOW n ,'”- EXISTING CONSTRUCTION SHOWN IN GREY EXTENT OF NEW , = �, VENTS SHOWN `. ° ,° IN GREEN(12" HARDIESOFFIT SHOWN) SK-27 �1 { 1kc g B2 B1 BALCONY REFLECTED CEILING PLAN OOPTION B 1/4" = 1'-O" a joint venture between interaction IntentionArandecture,LLC RIVERVIEW APARTMENTS BALCONY RCP OPTION B 53 Red Barn Street 8150 Architects,LLC RENOVATION Edwards,Colorado 81632 38169 US HWY.6 EAGLE-VAIL, Project number 0908 970.376.3326 matt COLORADO SK-25B matt@8150architects.com Date 09.13.13 970.390.0013 seth LOT 1, BLOCK 2, EAGLE-VAIL seth @intentionarchitecture.com FILING 2, RECEPTION NO. R702706, Drawn by ML 888.879.2105 f PARCEL NO.2103-073-01001 Checked by SB Scale 1/4"= 1-0" A , OOAPA- - - RA PET f 7521'- 117 r 1 • A ROOF ROOF �Q qN t + ' "1' W -i � ,i ii 7519'- 1Fu e 1000,00005 00, , t 0l 4,',, „" ' �. '�i A. ws1��' 0 U00, ' I ` ' — REFER TO DETAIL SK-28A& :�""- " p SK-28B FOR NEW CONSTRUCTION NOTES. REFER TO STAIR TOWER RCP FOR EXTENT OF WORK I �I ' I I I I I . A LEVEL_3 7510'-9" ,,,ei‘ II n may:• 1 ■ r -��•�� I `: • i A LEVEL 2 �! ti„ 7501'-10 7L -‘----. I :;,r. 1 .... . . .... ., I , . . .... .... . . , ii,ii: , 1 , : .::::,; , _ , . . , u.,:::, . _ . . _ v..,, ,_ . IL,* A LEVEL L0 0 , 0., v 0J _. I '"''s 7492'- 11" it I HI Iii � MI 1 I 1 STAIR TOWER SECTION 1/4" = 1'-0" interaction oint venture between 14eIntion Archtectue,LLC RIVERVIEW APARTMENTS and 53 Red Barn Street 8150 Architects,LLC RENOVATION STAIR TOWER SECTION Edwards,Colorado 81632 38169 US HWY.6 EAGLE-VAIL, Project number 0908 970.376.3326 matt COLORADO 1 matt@8150architects.com Date 09.13.13 SK-26 970.390.0013 seth LOT 1, BLOCK 2, EAGLE-VAIL seth @intentionarchitecture.com FILING 2, RECEPTION NO. R702706, Drawn by ML 888.879.2105 f PARCEL NO.2103-073-01001 Checked by SB Scale 1/4"= 1-0" B1 B2 A PARAPET !I 7521'-111 r III i „ A ROOF 7519'-10"v REFER TO DETAIL SK-28A& • _ 1 I. i SK-28B FOR NEW CONSTRUCTION NOTES. REFER TO BALCONY RCP FOR EXTENT OF WORK — ,.li II si A LEVEL 3_f lI A 7510'-9"LI . � U U I Ali 11 _ A LEVEL 11 7501'- 10" u .II r i i _ A LEVEL.1i 7492'-11" -/ BALCONY SECTION • OWNER TO REMEDIATE POSSIBLE MOLD (AS DETERMINED BY OTHERS) ■nsomm 11■®®■®■®■11®®■■r■■®1111■nsess ■ IS■■■1lmmmo 11®11 DISCOVERED WITHIN THE ROOF JOIST 11111111111111111111111111111111111111111111111111111111111111111121111111111111111111111111111111111111MMEIMIMIIMMINIM CAVITIIES AS OWNER SEES NECESSARY 1111■11111111■■11■1111■■11■11■■■■■■■■■■■■■■■■■■■■■ !1 ■■111111■■ ■■■1111■ 11■11■1111■■■11■■11■■■■11■■■■■■■■1111■■■■1111■1111■■■■■ ®■ ■■11■ 1111■■■■■11■■■■■■■■■■■■■■■■111111■■11■1111■■11■11■■■ -,.. _ 4411 i NEW IGNITION BARRIER(RE:GENERAL NOTE#3 BELOW,SHOWN IN RED)OVER NEW HIGH-DENSITY(2.0 PCF OR GREATER)SPRAY APPLIED CLOSED- iii CELL POLYURETHANE FOAM -:.- �.. erm um ri " INSULATION (R-12 MIN., SHOWN IN 00,.. 1■■ YELLOW).SEAL ALL GAPS AND ENSURE 1■■i CONTINUITY WITH ROOF DECK AND iithi__..4 KM EXTERIOR RIGID WALL INSULATION ME iiilii MI NEW"OPEN"CEDAR SOFFIT(WOOD 00.. jj� SPECIES, BOARD SIZE, SPACING& ®®4 _111 EXISTING FINISH TO MATCH EXISTING CEDAR 11 1111111 CONSTRUCTION SCREEN AT EXTERIOR OF STAIR WO Mar UMW SHOWN IN GREY TOWERS, SHOWN IN BROWN)OVER 010,_ 1■■i 1■■ - INSECT SCREEN(OPTIONAL AS A 1 -1011111r INSECT/BIRD DETERRENT,SHOWN IN ®�!i ' BLUE)OVER EXISTING(OR NEW) i■11i` BLOCKING.SPRAY PAINT JOISTS, NMl I CAVITY 0711,V_ i'1 ■ . SPACE, BLOCKING AND NMI _ INGINTION BARRIER BLACK PRIOR TO 1■11i INSTALLING CEDAR SOFFIT(&INSECT ' -4111111111111/ MEI SCREEN) , -4/0 6111: GENERAL NOTES: 1.CONSTRUCTION IS SIMILAR AT STAIR TOWER SOFFITS&BALCONY SOFFITS. STAIR TOWER CONDITION SHOWN 2. LIGHTS AND EXIT SIGNS TO BE REMOVED AND REATTACHED IN EXISTING LOCATIONS ONCE THE NEW SOFFIT HAS BEEN INSTALLED 3. IGNITION BARRIER CAN BE A SPRAY APPLIED PRODUCT(SUCH AS:- SPECIALTY PRODUCTS, INC"FLAME SEAL-TB"-25 MILS OR- INTERNATIONAL FIREPROOF TECHNOLOGY"DC 315"-18 MILS [INSTALL PER MANUFACTURER'S REQUIREMENTS]),TYPE X GWB OR OTHER APPROVED PRODUCT. CONTRACTOR TO CONFIRM SELECTED PRODUCT&APPLICATION STAIR TOWER/ BALCONY SOFFIT TO WITH BUILDING DEPARTMENT WALL JUNCTURE DETAIL OPTION A �J 1 1/2" = 1'-0" interaction IX nVArchtedureeLLC RIVERVIEW APARTMENTS and 53 Red Barn Street 8150 Architects,LLC RENOVATION DETAIL OPTION A Edwards,Colorado 81632 38169 US HWY.6 EAGLE-VAIL, Project number 0908 970.376.3326 matt COLORADO J matt@8150architects.com Date 09.13.13 SK-28A 970.390.0013 seth LOT 1,BLOCK 2, EAGLE-VAIL seth @intentionarchitecture.com FILING 2, RECEPTION NO. R702706, Drawn by ML 888.879.2105 f PARCEL NO.2103-073-01001 Checked by SB Scale 1 1/2"= 1'-0" OWNER TO REMEDIATE POSSIBLE MOLD (AS DETERMINED BY OTHERS) ■■ dlo®®■■■■ ® u■mo■me! ■■■■■■■®■® ■■i,E ®o ® i■ DISCOVERED WITHIN THE ROOF JOIST ■■i■■■■■■■■ii ■i ■■■ ■■■■■■■i■■■■ ■■■■■ ■■■ CAVITIIES AS OWNER SEES NECESSARY ■!■iii■■■ ■!■i■! !!■■■®■■■■■■!■i■■■i ill■ ■■ ■ ■■■■■■■■i!!■■■®i■!■■®■■■■■■■■■■■!■i■■■■■■■!■■ ■!■■■■■■■■■■■■■IB ■■■■■I■t■■■■i■■■■■■■■■■ ENENN■■NIN 4 1 4 A i t NEW IGNITION BARRIER(RE: GENERAL NOTE#3 BELOW, SHOWN IN RED)OVER NEW HIGH-DENSITY(2.0 PCF OR GREATER)SPRAY APPLIED CLOSED- CELL POLYURETHANE FOAM i ♦ INSULATION(R-12 MIN.,SHOWN IN will" EMI YELLOW).SEAL ALL GAPS AND ENSURE MN CONTINUITY WITH ROOF DECK AND lip UM 1!■ EXTERIOR RIGID WALL INSULATION URI , 0 NM MIN NEW CEMENTITIOUS PANELS(SUCH NM "HARDIEPANEL", SHOWN IN GREEN) WI j®®h, EXISTING OVER EXISTING(OR NEW)BLOCKING; 1■i CONSTRUCTION PROVIDE VENTILATION(RE:GENERAL ei1■■t 1■■I SHOWN IN GREY NOTE#4 BELOW)PER LOCATIONS Iso„ NM - SHOWN IN RCP.TRIM EDGES WITH 1■■t 1■■ CEMENTITIOUS BATTENS. PAINT TO Ipir Me NM MATCH EXISTING SOFFIT COLOR 1■! of°11■■ 1 1■■ GENERAL NOTES: Al ■ 1■ 1■■r,; 1.CONSTRUCTION IS SIMILAR AT STAIR apoo„ 1■■ TOWER SOFFITS&BALCONY SOFFITS. MIMI' STAIR TOWER CONDITION SHOWN -4101 °� 2. LIGHTS AND EXIT SIGNS TO BE REMOVED AND REATTACHED IN EXISTING LOCATIONS ONCE THE NEW SOFFIT HAS BEEN INSTALLED 3. IGNITION BARRIER CAN BE A SPRAY APPLIED PRODUCT(SUCH AS:- SPECIALTY PRODUCTS, INC"FLAME SEAL-TB"-25 MILS OR-INTERNATIONAL FIREPROOF TECHNOLOGY"DC 315"-18 MILS[INSTALL PER MANUFACTURER'S REQUIREMENTS]),TYPE X GWB OR OTHER APPROVED PRODUCT. CONTRACTOR TO CONFIRM SELECTED PRODUCT&APPLICATION WITH BUILDING DEPARTMENT 4.VENTILATION CAN BE ACCOMPLISHED WITH VENTILATED SOFFIT PANELS SUCH AS"HARDIESOFFIT-VENTED SMOOTH"OR CONTINUOUS SOFFIT VENTS SUCH AS"TAMLYN 2"SNAPVENT STAIR TOWER/ BALCONY SOFFIT TO SV5168". PAINT TO MATCH SOFFIT OWALL JUNCTURE DETAIL OPTION B 1 1/2" = 1'-0" interaction Inter°ionVArcnedueeLLC RIVERVIEW APARTMENTS and 53 Red Barn Street 8150 Architects,LLC RENOVATION DETAIL OPTION B Edwards,Colorado 81632 38169 US HWY.6 EAGLE-VAIL, 970.376.3326 matt COLORADO Project number 0908 matt@8150architects.com Date 09.13.13 SK-28B 970.390.0013 seth LOT 1, BLOCK 2, EAGLE-VAIL seth @intentionarchitecture.com FILING 2, RECEPTION NO. R702706, Drawn by SB&ML 888.879.2105 f PARCEL NO.2103-073-01001 Checked by SB Scale 1 1/2"= 1'-0" EXHIBIT"C" Contractor's Estimate Riverview Stair Tower Insulation 1 Stair Tower and 1 Deck Estimate Option A soffit replacements dated December 26,2013 r E L 1 � December 26,2013 BUILDING MOUNTAIN RESORT COMMUNITIES Riverview Stair Tower Insulation 1 Stairtower and 1 Deck Estimate Option A soffit replacement DESCRIPTION TOTAL General Conditions Building Cost $2,175.00 $20,365.00 SUBTOTAL $22,540.00 5% Construction Contingency $1,127.00 SUBTOTAL $23,667.00 1.00% General Liability Insurance $236.67 SUBTOTAL $23,903.67 10.00% G.C.Construction Fee $2,390.37 ESTIMATED CONSTRUCTION COST $26,294.04 OTHER COST CONSIDERATIONS Blower Door test not included By Owner Performance&Payment Bond Excluded Performance&Payment Bond for subcontractors Excluded Builders Risk Insurance Policy By Owner Geotechnical&Materials Testing By Owner Building Permit Fees By Owner Construction Use Tax Architect and Consultant Fees By Owner Plan Reproduction By Owner Plan Review Fees By Owner ORB Review Fees By Owner Water Tap Fees By Owner Sewer Tap Fees By Owner Communications Service Fees By Owner Natural Gas Fees Not Applicable Road Cut Permit Not Applicable Not Applicable Demolition Permit Not Applicable Misc.Fees y Platting&Recordation Fees By Owner By Owner Option A RA Nelson 12/26/2013 Riverview Total item Description Takeoff Qty Unit Cost Amount Subtotals Div Totals Div 1 " GENERAL REQUIREMENTS 001-3000 Admin.Requirements 3100 Project Manager 0.00 MO 0 00 /MO 0.00 3100 Project Superintendent 5.00 HR 85 00 /HR 425.00 Admin.Requirements 425.00 001-5000 Temporary Facilities 5100 Temporary Power Consumption NrC 5200 Temporary Water Consumption MC 5500 Temporary Sanitary Facilities NC Workers to use office restrooms 5600 Dumpster Charges 1.00 CA 750 00 /EA 750 00 5800 Temporary Barriers&Signs 1.00 LS 500 00 /LS 500.00 Temporary Facilities 1,250.00 001-7000 Execution Requirements 7500 Final Cleaning 1.00 LS 500 00 /LS 500 00 Execution Requirements 500.00 Diiv 1 GENERAL REQUIREMENTS 2,175.00 Div 2 Mold Mitigation 002-1100 Mold Mitigation 1100 SuperClean 1 00 Is 3,100.00 As 3,100.00 Div 2 Mold Mitigation 3,100.00 3,100.00 Div 6 WOODS 006-1000 Rough Carpentry Material 3100 Patrracca 1.00 Is 7,475.00 /Is 7,475.00 Rough Carpentry Material 7,475.00 006-6000 General Labor 6100 General Labor Pedestrian control 40.00 hr 35.00 fir 1,400 00 W` reer 'tveciren Tent Lab:), 42.00 hr 45 00 /hr 1,890 00 WC>>eaterfantal(Pea ;r;$inlir€ay. 5.00 day 362.00 /day 1,810.00 I'saisa^e l aekc-, 2-00 ea 110.00 lea 220 00 Pia-5,r,ar'r mist fa.>;zrreri 1 00 Is 400.00 /is 400 00 6300 Weelner Co.dit c,,.f,Alloss-a;;3c e 1 is 1,000 00 As 1,000 00 General Labor 6,720.00 Div 6 WOODS 14.195.00 Dlv 7 Insulation 007.1100 Spray Foam Insulation 1100 Insul Vail 1.00 Is 1,380.00 his 1,380 00 Div 7 Insulation 1,360.00 1,380,0Or Div 9 FINISHES 009-9000 Painting 9100 Prima Painting 1.CC Is 1,000.00 1sf 1,000 00 Painting 1,000.00 Div 9 FINISHES 1,000.00' Div 16 ELECTRICAL 016-1000 Electrical Removal and replacement at Stair Tower only 1100 AK Electric 1 00 Is 690.00 /Is 690 00 Electrical Rough 8 Trim 690.00 Div 16 ELECTRICAL 690.00 Total 22,54000 22,540.00 22,540.00 1 oft EXHIBIT"D" Form Certification of Final Acceptance TO: R.A.Nelson and Associates,Inc. FROM: Riverview Apartments Preservation LP PROJECT: Riverview Apartments Condensation/Soffits Project DATE OF FINAL ACCEPTANCE: The Work is hereby Finally Accepted by Owner on the date of Final Acceptance identified above.The warranty period of eighteen(18)months shall commence to run from the date of Final Acceptance set forth herein. Riverview Apartments Preservation LP By: Its: