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HomeMy WebLinkAboutC11-270 Steeplechase ConstructionFIXED BID CONSTRUCTION AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND STEEPLECHASE CONSTRUCTION, INC. FOR EL JEBEL COMMUNITY CENTER, ROOF CRICKET THIS AGREEMENT is made this % of August, 2011, by and between Eagle County, Colorado, (hereinafter "County" or "Owner "), and Steeplechase Construction„ Inc., a company organized and existing by virtue of the laws of the State of Colorado Contractor "). RECITALS WHEREAS, County desires to make renovations to the El Jebel Community Center including the roof cricket (hereinafter the "Facility" or the "Project "), located in El Jebel, Colorado; and WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise necessary to perform said renovation and construction services for County; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the Project and related terms and conditions to govern the relationship between Contractor and County in connection with this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: ARTICLE 1 WORK 1.1 Contractor shall complete all Work as specified or indicated in the Contract Documents. The "Work" is generally described as providing all labor, tools materials and services to complete the renovation and construction of the Facility in accordance with the drawings and specifications provided by Menendez Architects, PC, which are attached hereto and are incorporated herein as Exhibit B. The Work also includes the demolition and reconstruction of certain roof, wall and window sections and reconstruction of a portion of the existing heat tape system and items as shown and noted on the drawings and specifications. Also included is the overhead protection for the public and interior protection of the second floor office at the location of the window modifications as shown and noted on the drawings and specifications. The Work may also be referred to herein as the "Construction Services." 1 ARTICLE 2 — COUNTY'S REPRESENTATIVE 2.1 The Project is under the authority of the Eagle County Project Management Department, the Manager of which, or his designee, shall be County's Project Manager with Contractor with respect to the performance of the Work (hereinafter "Project Manager "). ARTICLE 3 — CONTRACT TIME 3.1 This Agreement shall commence upon execution of this Agreement by both parties and, subject to the provisions of Article 11 hereof, shall continue in full force and effect until the Work has been completed. Contractor will commence Work within ten 10) days of the County's issuance of a Notice to Proceed with procurement of all materials. Field Construction Services shall commence upon receipt of all materials. County shall obtain a building permit from Eagle County Building Department._Once a Notice to Proceed has been issued, Contractor will use its best efforts to complete the Work in a diligent and expeditious manner. The parties agree that the Contractor shall achieve Substantial Completion on or before October 14, 2011 or forty (40) calendar days after the Notice to Proceed has been issued whichever is earlier. Final completion of the Work in accordance with paragraphs 20 and 21(including subparts) of the General Conditions shall be achieved by Contractor within nine (9) calendar days after Substantial Completion. ARTICLE 4 — CONTRACT PRICE 4.1 County shall pay Contractor for the Construction Services in current funds the fixed sum of $13,045.50 in accordance with Contractor's Bid Form dated August 3, 2011, attached hereto as Exhibit A and incorporated herein by this reference. Contractor shall not be entitled to overtime or other costs and Contractor acknowledges that the full compensation for the Work hereunder is the fixed sum set forth in this paragraph 4.1 ARTICLE 5 — PAYMENT PROCEDURES 5.1 Contractor shall submit applications for payment in accordance with paragraph 18 of the General Conditions. The Contractor shall submit applications for payment and all back -up material (e.g. Subcontractor's invoices, vendor statements and receipts) as shall be reasonably required in accordance with the General Conditions. Applications for payment will be processed by the Project Manager as provided in the General Conditions. The application for payment shall list all general and sub -trade divisions with each division clearly showing the total construction cost and all increments for monthly payment requests for labor and materials and all monthly reconciliation totals for each 2 division. The application shall also include a summary of all current changes to the contract through approved Change Orders and the cost impact for these changes. 5.2 PROGRESS PAYMENTS: County shall make monthly progress payments on account of the Contract Price on the basis of Contractor's applications for payments as recommended by the Project Manager, as provided below. All progress payments will be on the basis of the progress of the Work. County 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. 5.2.1 Progress Payments will be in an amount equal to: Ninety -five percent of the calculated value of Work completed and materials and equipment not yet incorporated in the Work but delivered and suitably stored less in each case the aggregate of payments previously made. The withheld percentage of the Contract Price may be retained until the Work is completed satisfactorily and finally accepted by County as provided for herein. 5.3 FINAL PAYMENT: Except as provided in section 5.4 of this Agreement, within sixty (60) days of completion and acceptance of the Work by County in accordance with the General Conditions, County shall pay the remainder of the Contract Price as recommended by Project Manager as provided in paragraphs 20 and 21(including sub- parts). The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and complied with C.R.S. § 38 -26 -107, as amended. Final payment shall be made in accordance with the requirements of aforesaid statute. 5.4 County may withhold from any payments due to Contractor, to such extent as may be necessary to protect the County from loss, because of defective work or material not remedied or the failure of Contractor to carry out the Scope of Work in accordance with this Agreement. ARTICLE 6 — CONTRACTOR'S REPRESENTATIONS In order to induce County to enter into this Agreement, Contractor makes the following representations: 6.1 Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that may, in any manner, affect cost, progress, or performance of the Work. 3 6.2 Contractor has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, or performance of the Work which were relied upon by Project Manager in the preparation of the plans and specifications. 6.3 Contractor has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data in addition to those referred to herein as he deems necessary for the performance of the Work at the contract price, within the contract time, and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports, or similar data are, or will be required by Contractor for such purposes. 6.4 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 6.5 Contractor has given Project Manager written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Project Manager is acceptable to Contractor. ARTICLE 7 — CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement, made a part hereof, and consist of the following: 7.1 This Agreement. 7.2 General Conditions. 7.3 Contractor's Bid Form dated August 3, 2011 which is attached hereto and incorporated herein as Exhibit A. 7.4 El Jebel Community Center Roof Cricket Drawings and Specifications issued by Menendez Architects - Print Date 5 -31 -11 which is attached hereto and incorporated herein as Exhibit B. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by a Change Order or Modification (as defined in the General Conditions). 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 outlined in paragraph 1.1 of this Agreement. The Contract Documents are complementary, and what is required 4 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. The Contract Documents are listed in order of priority. If a conflict exists in the terms of any of the Contract Documents, the document with a higher priority shall control. ARTICLE 8 — MISCELLANEOUS 8.1 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. 8.2 County and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.3 Notwithstanding anything to the contrary contained in this Agreement, Eagle County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31, 2011without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 8.4 Contractor shall comply with the following provisions mandated by C.R.S. § 8- 17.5 -101 et seq. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: 8.4.1 If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the Basic Pilot Verification Program in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. 8.4.2 Contractor shall not: i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or 5 ii) 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. 8.4.3. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the Basic Pilot Verification program, as administered by the United States Department of Homeland Security. 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: https://www.vis-dhs.com\employerregistration 8.4.4 The Contractor shall not use either the Basic Pilot Verification Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. 8.4.5 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: i) Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractorgp 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. 8.4.6 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 established in C.R.S. § 8 -17.5- 102(5). 8.4.7 If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. 6 8.4.8 The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. 8.5 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 in law or in equity to recover damages for breach of this Agreement, or an action in tort 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. 8.6 At all times during the term of this Agreement, Contractor shall maintain insurance on its own behalf in the minimum amounts required by paragraph 14 of the General Conditions. 8.7 Contractor shall require each subcontractor to be bound by the terms of the Contract Documents. All Work performed by a subcontractor shall be pursuant to the appropriate written agreement in accordance with the requirements of the Contract Documents. ARTICLE 9 - JURISDICTION AND VENUE 9.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. ARTICLE 10 - INDEMNIFICATION 10.1 The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County or any of its officers, agents, or employees 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 any performance or nonperformance by Contractor hereunder or any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder; and Contractor shall reimburse County for any and all legal and other expenses including attorney fees incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that the County is solely liable to such third party for such claim. This Article shall survive termination of this Agreement. ARTICLE 11 - TERMINATION 7 11.1 County may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause. Any such termination shall be effected by delivery to Contractor of a written notice of termination specifying the date upon which termination becomes effective. Upon termination, Contractor shall deliver all redlined drawings and other illustrations, photos or documents entirely or partially completed, whether in electronic form or otherwise, together with all material supplied by Contractor or by County. In such event, Contractor shall be compensated for all Work satisfactorily completed up to the date of termination. Final payment, subject to the requirements of Article 5 of this Agreement, will be due within thirty (30) days after Contractor has delivered the last of the documents or records due the County. ARTICLE 12 - OWNERSHIP OF DOCUMENTS 12.1 All documents (including electronic files) which are obtained during or wholly or partially prepared in the performance of the Work shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. ARTICLE 13 — NOTICE 13.1 Any notice required under this Agreement shall be personally delivered, mailed in the United States mail, first class postage prepaid, or sent via facsimile provided an original is also promptly delivered to the appropriate party at the following addresses: The County:Eagle County Project Management Rick Ullom, Construction Manager P.O. Box 850 Eagle, Colorado 81631 970) 328 -8881 (p) 970) 328 -8899 (0 and a copy to:Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 970) 328 -8685 (p) 970) 328 -8699 (0 The Contractor:Steeplechase Construction, Inc. 0124 Totterdown Road Aspen, CO 81611 970) 920- 4079(p) 970) 920 - 3263(0 Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next 8 business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. ARTICLE 14 — INDEPENDENT CONTRACTOR 14.1 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 technician, agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of County. Contractor shall be solely and entirely responsible for its acts and for the acts of its subcontractors, technicians, agents, employees, and servants during the performance of this agreement. Contractor shall not represent, act, purport to act or be deemed the agent, representative, employee or servant of County. THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY. SIGNATURE PAGE FOLLOWS. /// 9 IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate on the day and year first set forth above. One counterpart each has been delivered to County, Contractor and Project Manager. All portions of the Contract Documents have been signed or identified by County and Contractor. COUNTY OF EAGLE, STATE OF COLORADO, By its County Manager 4 B Y r i'L,f7irif eith Montag, County nager CONTRACTOR: Steeplechase Construction, Inc. By: Name: STtV wtil-t- -ate Title: i,<J i T STATE OF COLORADO ) SS COUNTY OF gAOL=E. eft) The oregoing instrument was acknowledged before me by S1`Evt J Lkpr(cassr:_r_D r of Steeplechase Construction, Inc. on this 2-6 day of 0,2011. My commission expires: 3A 7ts LI Notary Public KYLE TAYLOR NOTARY PUBLIC STATE OF COLORADO My Commission Expires 03/31/2014 10 GENERAL CONDITIONS TO FIXED BID CONSTRUCTION AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND STEEPLECHASE CONSTRUCTION, INC. FOR ELJEBEL COMMUNITY CENTER, ROOF CRICKET 1.Contractor shall provide and pay for labor, materials, equipment, tools, licenses, necessary for proper execution andtransportation, and other facilities and services ecess otrnasoPrY p p 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. County will cooperate with Contractor to obtain tax exemption for this project. 3.Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions which can affect the Work or the cost thereof. Any failure by Contractor to do so will not relieve it from responsibility for successfully performing the Work without additional expense to the County. County 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 County. 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 County the names of subcontractors and suppliers for each portion of the Work. 6.1 Contractor shall be fully responsible for all acts and omissions of his subcontractors, and of persons and organizations directly or indirectly employed by them, and of persons and organizations for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by Contractor. Nothing in the Contract Documents shall create a contractual relationship between Owner and any subcontractor or other person or organization having 1 a direct contract with Contractor, nor shall it create any obligation on the part of Owner to pay or to see to the payment of any monies due any subcontractor, or other person or organization, except as may otherwise by required by law. Owner may furnish to any subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to Contractor on account of specific Work done. 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. In any event, County may grantgPgYpYtYYg 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 County, provided that such extensions of time shall in no instance exceed the time actually lost to Contractor by reason of such causes, and provided further that Contractor shall have given County immediate (as determined by the circumstances, but not exceeding 72 hours) notice in writing of the cause of the detention or delay. 7.1 Contractor shall promptly notify County in writing of any latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Contract Documents. County shall obtain the necessary additional investigations and tests and furnish copies to Contractor. If County finds that the results of such investigations or tests indicate that there are latent physical conditions which differ materially from those intended in the Contract Documents, and which could not reasonably have been anticipated by Contractor, a change order shall be issued incorporating the necessary revisions. The parties agree that, by way of example only, opening a wall and finding something that logically would be there, like an electrical run to a receptacle is not an unforeseen condition. 8.Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions. 9.Contractor promises to perform the Work in a workmanlike manner and guarantees all Work against defects in material or workmanship for a period of one (1) year from the date of completion. Contractor warrants to County that the materials and equipment furnished under the Agreement will be new and of good quality; (2) the Work and materials will be free from defects; and (3) the Work will conform to the requirements of the Agreement. 9.1 All guarantees and warranties of equipment and other materials furnished to Contractor or subcontractors by any manufacturer or supplier are for the benefit of County. If any manufacturer or supplier of any equipment or material furnishes a guarantee or warranty for a period longer than one (1) year from the date of completion, Contractor's guarantee shall extend for a like period as to such equipment or materials. 9.2 Contractor shall correct at its own expense without cost to County and without 2 interruption of County's occupancy, any defects in material or workmanship and any damage to other Work or property caused by such defects or the repairing of such defects for one (1) year from the date of completion all as more fully set forth in paragraph 27 hereof. 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 Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, rules or regulations without notice to and written approval of County, Contractor shall assume full responsibility for such Work and shall bear the attributable costs. Contractor shall promptly notify County 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. Any Work that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied as part of the contract price whether or not it is specifically called for. 13. Contractor shall be solely responsible for the protection of the Work and material. Contractor shall have no claim against County because of any damage or loss to the Work (except that caused by negligence of County or those for whom County is responsible), and shall be responsible for the complete restoration of damaged Work to its original condition at its sole cost and expense. In the event Contractor's Work is damaged by another party, not under its supervision or control, Contractor shall make its claim directly with the party involved. If a conflict or disagreement develops between Contractor and another party concerning the responsibility for damage or loss to Contractor's Work, such conflict shall not be cause for delay in Contractor's restoration of the damaged Work. 14. Contractor's Insurance: A.Contractor shall purchase and maintain such insurance as will protect it from claims set forth below which may arise out of or result from Contractor's operations under the contract, whether such operations be by itself, or by any of its subcontractors, 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. B.Insurance coverages shall be as follows: 3 Coverage for 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; Coverage for claims for damage because of bodily injury, occupational sickness or disease, or death of its employees, and claims insured by usual personal injury liability coverage; Coverage for claims for damage because of bodily injury, sickness or disease, or death of any person other than its employees, and claims insured by usual personal injury liability coverage; and Coverage for claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. Coverage for Contractor's Liability Insurance issued to and covering the liability for damage imposed by law upon Contractor and each subcontractor with respect to all Work performed by them under this Agreement. Coverage for Contractor's Protective Liability Insurance issued to and covering the liability for damages imposed by law upon Contractor and each subcontractor with respect to all Work under this Agreement performed for Contractor by subcontractors. Coverage for Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon 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 County, will be permissible. Insurance covering claims for damages to persons or property required by the preceding paragraph shall be in the following minimum amounts: Bodily Injury Liability: Each Person:2,000,000 Each Accident or Occurrence:2,000,000 4 Property Damage Liability: Each Accident or Occurrence:2,000,000 Aggregate:4,000,000 Insurance shall be placed jointly in the names of the County, Contractor, and any and all subcontractors, and any and all others obliged by contract with the County to do Work on this Project, and, at the County's option, any other person or persons whom the County 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 County as trustee. The County 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. C.Certificates of Insurance: Certificates of Insurance acceptable to the County shall be filed with the County with respect to each contractor and subcontractor prior to commencement of the Work. These Certificates shall contain provisions naming the County 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 County. Contractor and its subcontractors shall not permit any of its subcontractors to start Work until all required insurance have been obtained and certificates with the proper endorsements have been filed with the County. Failure of Contractor to comply with the foregoing insurance requirements shall in no way waive the County's rights hereunder. 15. The County, at its option, may purchase and maintain such liability insurance as will protect it against claims which may arise from operations under this contract. Purchasing and maintaining such insurance, however, will not relieve Contractor from purchasing and maintaining the insurance hereinbefore specified. 16. Before permitting any of its subcontractors to perform any Work under this contract, Contractor shall either (a) require each of its subcontractors to procure and maintain during the life of its subcontracts, Subcontractor's General Liability and Property Damage Insurance of the types and in the amounts as may be applicable to its Work, which type and amounts shall be subject to the approval of the County, or (b) insure the activities of its subcontractors in its own policy. 17. Without invalidating the Agreement, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by change orders. Upon receipt by Contractor, of a change order approved by Owner, Contractor shall proceed with the Work involved. All such Work shall be performed under the applicable conditions of the Contract Documents. The Contract 5 Price may only be changed by a change order authorized by County. Failure of Contractor to obtain a change order prior to performing the Work shall result in non- payment for such Work. 18. Progress Payments: Not more often than once a month, Contractor shall submit to County 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 County 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 County, as will establish County's title to the material and equipment, and protect County's interest therein, including applicable insurance. Each subsequent application for payment shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied to discharge in full all of Contractor's obligations reflected in prior applications for payment. The amount of retention with respect to progress payments will be as stipulated in the Agreement. County will, within ten (10) 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. County shall, within ten (10) days of a recommendation of payment, pay Contractor the amount recommended. 18.1 Substantial Completion shall mean when the Work (or a specified part thereof) has progressed to the point where it has received a temporary or final certificate of occupancy from Eagle County, and in the opinion of County as evidenced by a definitive certificate of substantial completion, it is sufficiently complete in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for with it is intended; or if there is no such certificate issued, when final payment is due in accordance with the Contract Documents. When Contractor considers the entire Work ready for its intended use, and a temporary or final certificate of occupancy has been issued for the Work, Contactor shall, in writing to County certify that the entire Work is substantially complete. Within a reasonable time thereafter, County, and Contractor shall make an inspection of the Work to determine the status of completion. If County does not consider the Work substantially complete, County will notify Contractor in writing giving its reasons therefore and Contractor shall complete or correct such items identified by County. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. 6 19. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any application for payment, whether incorporated in the project or not, will pass to County at the time of payment free and clear of all liens, claims, security interests, and encumbrances (in these General Conditions referred to as "Liens "). 20. Final Payment: A.Upon written notice from Contractor that the Work is complete, County 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. B.After Contractor has completed all such corrections to the satisfaction of County, 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 County may reasonably require, together with complete and legally effective releases or waivers (satisfactory to County) of all liens arising out of, or filed in connection with the Work. In lieu thereof, and as approved by County, 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 County or its 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 County to indemnify County against any lien. 21. Final payment shall not become due until Contractor submits to County 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 County shall not authorize final payment until all items on the punch list have been completed and the County has received a Certificate of Occupancy from the local jurisdiction, the Notice of Acceptance is issued, and the Notice of Contractor's Final Settlement Date is published and at least 30 days have expired with no claims filed. 21.2. Before the County may advertise, Contractor shall: A.Deliver to the Eagle County Project Manager for review: 7 1.All guaranties and warranties; 2.A letter confirming that sales taxes from which the County is exempt have not been paid; 3.Three (3) complete bound sets of required operations and maintenance manuals and instructions plus One (1) electronic copy placed on an archival quality compact disk; 4.Two (2) full size sets of as -built drawings plus One (1) electronic copy placed on an archival quality compact disk; 5.To the extent not already furnished, one copy of all corrected Shop Drawings; 6.Satisfactory evidence that all payroll, material bills, and other indebtedness connected with the Work have been paid or otherwise satisfied; 7.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; 8.Consent of the surety to final payment; and 9.Any other documents required to be furnished by the Contract Documents. B.Demonstrate to the operating personnel of the County the proper operationpgPh' p p p and maintenance of all equipment. 21.3. Upon completion of the foregoing, Contractor's Settlement shall be advertised in accordance with Colorado law. On the date of final settlement thus advertised, and after 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 Contractor, County shall withhold from 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. 8 21.5. The making of final payment, after the Date of the Notice of Contractor Settlement of the Project, shall constitute a waiver of all claims by the County except those arising from: A.Unsettled Claims; B.Faulty or defective work appearing after Completion of the Work; C.Failure of the Work to comply with the requirements of the Contract Documents; or D.Terms of any warranties or special warranties required by the Contract Documents. 21.6. The acceptance of final payment, after the Date of the Notice of Contractor Settlement of the Project, shall constitute a waiver of all claims by Contractor except those previously made in writing and separately identified by Contractor as unsettled in the final Project Application for Payment. 21.7. All provisions of the Contract Documents including without limitation those establishing obligations and procedures, shall remain in full force and effect notwithstanding the making or acceptance of final payment. 22. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither the recommendation of any progress or final payment, nor the payment by County to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by County, nor any act of acceptance by County, nor any failure to do so, nor any correction of defective Work by County shall constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents. 23. Any Work in accordance with the Contract Documents that the County finds improper, Contractor will correct said Work at its sole cost and expense and in a timely manner so as not to delay completion of the Project. 24. If Contractor defaults or neglects to carry out the Work in accordance with the Agreement and fails within a ten (10) day period after receipt of written notice from the County to correct such default or neglect with diligence and promptness, the County may, without prejudice to other remedies, correct such deficiencies and Contractor shall be responsible for the cost of such correction. 25. 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. Contractor shall promptly remedy damage and loss to 9 property caused in whole or in part by Contractor, or by anyone for whose acts Contractor may be liable. 26. Contractor shall promptly correct Work rejected by County as failing to conform to the requirements of the Agreement and Contractor shall bear the cost of correcting such rejected Work. 27. Contractor warrants and guarantees to County that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. If, within one (1) years 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 County, and in accordance with County's written instructions, either correct such defective Work, or, if it has been rejected by County, 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, County 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. 28. The performance of the Work may be terminated at any time in whole, or from time to time in part, by County 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 County, 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 County may make, to assure the efficient, proper closeout of the terminated Work (including the protection of County's property). Among other things, Contractor shall, except as otherwise directed or approved by County: 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 County, 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 County shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; 10 E. with the approval of County, settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts; and F. deliver to County, when and as directed by County, all documents and all property which, if the Work had been completed, Contractor would be required to account for or deliver to County, and transfer title to such property to County to the extent not already transferred. In the event of such termination, Contractor shall be entitled to payment for the Work satisfactorily performed prior to the termination date. 29. The selection of bidders shall be in accordance with the laws of Colorado. In the event of Contractor's non - compliance with the Colorado labor laws, this Contract may be canceled, terminated or suspended, in whole or in part, without any liability to the County. 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 County, and pursuant to section Title 8 -17- 101, C.R.S. (1973). Colorado labor shall be employed to perform the Work in the extent of not less than eighty percent (80 %) of each type or class of labor in the several classifications of skilled and common labor employed in the Work. For purposes of this provision, "Colorado labor" means "any person who is a resident of the state of Colorado at the time of employment, without discrimination as to race, color, creed, sex, age, or religion except when sex or age is a bona fide occupational qualification." 31. 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 contracts or subcontracts during the performance of this Contract: A. 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, sexual orientation, or age. 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. 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. 11 B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of 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. In addition to the indemnification in the Agreement, and to the fullest extent permitted by law, Contractor shall indemnify and hold harmless County, 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 Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. 33. Colorado Statutes do not provide for any right of lien against public buildings. In lieu thereof, Title 38 -26 -107 et 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 Contractor in the amount of such claims. 12 Steeplechase Construction, Inc.Estimate 0124 Totterdown Road Aspen, CO 81611 DATE ESTIMATE # 970 - 920 -4079 Office 8/3/2011 2011 -26970 - 920 -3263 Fax NAME /ADDRESS El jebel Community Center 0020 Eagle County Drive El Jebel, CO 81623 Roof Cricket Project DESCRIPTION TOTAL Roof Cricket Project Permits /Fees 0.00 Demolition and Framing Labor 800.00 Framing and Miscellaneous Materials 350.00 Window Removal and Installation Labor 250.00 Window 135.00 Stucco Base Bid 3,000.00 Stucco Alternate #2 (Save $1,000 Off Base Bid)0.00 Asphalt Shingles 2,760.00 TPO Membrane @ Cricket Base Bid 1,580.00 Hot Rubber@ Cricket Alternate #1(Add $720 to Base Bid)720.00 Gutter and Downspout, Re -use Existing Heat Tape 90.00 Interior and Exterior Painting /Staining 240.00 General Labor, Site Protection, Cleaning 275.00 Project Management and Supervision 1,725.00 General Liability, Overhead and Contractor's Fee (10 %)1,120.50 0.00 Estimate is based on plans by Menendez Architects, PC dated 5 -31 -2011 Thank you for considering Steeplechase Construction* TOTAL 13,045.50