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    HomeMy WebLinkAboutC97-177 Rod Stecklein9717747 
AGREEMENT TO REROOF EAGLE SENIOR CENTER 
It fA 
THIS AGREEMENT is dated as of the .56— day of 
1997, by and between Eagle County, Colorado, a body corporate and 
politic, acting by and through its Board of County Commissioners 
(hereinafter called "Owner") , and 
(hereinafter called "Contractor"). 
Owner and Contractor, in consideration of the mutual covenants 
set forth, agree as follows: 
ARTICLE 1 - WORK 
Contractor shall provide all labor, materials and equipment to 
complete all work generally described as the reroofing of the 
Eagle County Senior Center, Eagle, Colorado, in accordance with 
the specifications and design set forth on the Roofing 
Design/Details Sheet ( / ), a copy of which is attached 
hereto and which is incorporated herein by this reference. 
ARTICLE 2 - OWNER'S REPRESENTATIVE 
The Project is under the authority of the Eagle County Buildings 
& Grounds Department, the Director of which, or his designee, 
shall be Owner's liaison with Contractor with respect to the 
performance of the Work. 
ARTICLE 3 - CONTRACT TIME 
3.1 The Work will be completed and ready for final payment in 
accordance with the Contract Documents on or beforeA 
i 1997. 
ARreemenL I'ia,,(� 1 
ARTICLE 4 - CONTRACT PRICE 
4.1 The funds appropriated for this project are equal to or in 
excess of the contract amount. 
4.2 Owner shall pay Contractor a total of $ 12,295.00 for 
performance of the Work in accordance with the Contract 
Documents. 
4.3 Pursuant to the provisions §24-91-103.6, C.R.S., and 
notwithstanding anything to the contrary contained 
elsewhere in the Contract Documents, no change order or 
other form of order or directive by Owner, and no amendment 
to this Agreement, requiring additional compensable work to 
be performed which work causes the aggregate amount payable 
under the Agreement to exceed the amount appropriated for 
the original Agreement, shall be of any force or effect 
unless accompanied by a written assurance by Owner that 
lawful appropriations to cover the costs of the additional 
work have been made or unless such work is covered under a 
remedy -granting provision in the Agreement. 
ARTICLE 5 - PAYMENT PROCEDURES 
Contractor shall submit Applications for Payment in accordance 
with the General Conditions. Applications for Payment will be 
processed as provided in the General Conditions. 
5.1 PROGRESS PAYMENTS: There will be one progress payment in 
the amount of $ 12.295.00 , payable within two weeks 
following the execution of this Agreement. No application 
for this payment is required from Contractor. 
5.2 FINAL PAYMENT: The balance of the contract price will be 
paid after final completion and acceptance in accordance 
with the General Conditions. 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 
ARreemenL I'aue 2 
Eagle County, and the Board of County Commissioners has 
held a public hearing, thereupon and complied with the 
C.R.S. X38-26-107. Final payment shall be made in 
accordance with the requirements of the aforesaid statute. 
ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 
In order to induce Owner 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 in any manner may 
affect cost, progress, or performance of the Work. 
6.2 Contractor has made, or caused to be made, examinations, 
investigations, and tests and studies of such reports and 
related data 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. 
6.3 Contractor has correlated the results of all such 
observations, examinations, investigations, tests, reports, 
and data with the terms and conditions of the Contract 
Documents. 
6.4 Contractor has given Owner written notice of all conflicts, 
errors, or discrepancies that he has discovered in the 
Contract Documents and the written resolution thereof by 
Owner is acceptable to Contractor. 
ARTICLE 7 - CONTRACT DOCUMENTS 
The Contract Documents which comprise the entire Agreement are 
made a part hereof, and consist of the following: 
Agreement 11ai,�e 3 
l 
7.1 This Agreement. 
7.2 Contractor's Bid. 
7.3 General Conditions (Pages 1 to 9, inclusive), attached 
hereto. 
7.4 Specifications and Drawings (Roofing Design, May 19, 1997). 
7.5 Any modification, including Change Orders, duly delivered 
after execution of Agreement. 
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 an executed, written amendment to this 
Agreement. 
ARTICLE 8 - BONDS 
No performance or payment bond is required. 
ARTICLE 9 - MISCELLANEOUS 
9.1 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. 
9.2 Owner and Contractor each binds himself, his partners, 
successors, assigns and legal representatives to the other 
party hereto, in respect to all covenants, agreements, and 
obligations contained in the Contract Documents. 
Agreement h-ae I 
l 
9.3 ATTORNEY'S FEES: In the event of litigation between the 
parties hereto regarding the interpretation of this 
Agreement, or the obligations, duties or rights of the 
parties hereunder, or if suit otherwise is brought to 
recover damages for breach of this Agreement, or an action 
be brought for injunction or specific performance, then and 
in such events, the prevailing party shall recover all 
reasonable costs incurred with regard to such litigation, 
including reasonable attorney's fees. 
9.4 APPLICABLE LAW: This Agreement shall be governed by the 
laws of the State of Colorado. Jurisdiction and venue of 
any suit, right, or cause of action arising under, or in 
connection with this Agreement shall be exclusive in Eagle 
County, Colorado. 
9.5 INTEGRATION: This Agreement supersedes all previous 
communications, negotiations and/or contracts between the 
respective parties hereto, either verbal or written, and 
the same not expressly contained herein are hereby 
withdrawn and annulled. This is an integrated agreement 
and there are no representations about any of the subject 
matter hereof except as expressly set forth in the Contract 
Documents. 
9.6 NOTICE: Any notice and all written communications 
required under this Agreement shall be (I) personally 
delivered, (ii) mailed in the United States mails, first 
class postage prepaid, or (iii) transmitted by facsimile 
machine together with a hard copy conveyed by delivery or 
mail, to the appropriate party at the following addresses; 
To Contractor: 
Cc. ?,? Y 2 3 
To Owner: 
Paul Gregg 
Buildings & Grounds Department 
Eagle County 
P.O. Box f750 
Amemenl 5 
Eagle, CO 81631 
telephone: 970-328-8705 
telefax: 970-328-7720 
Mailed notices will be deemed given three business days 
after the date of deposit in a regular depository of the 
United States Postal Service, and FAX notices will be 
deemed given upon transmission, if during business hours, 
or the next business day. Either party can change its 
address for notice by notice to the other in accordance 
with this paragraph. 
[signature page next page] 
Agrcemcnl t'a'e 6 
IN WITNESS WHEREOF, the parties hereto have executed this 
Agreement effective on the date first above written. 
of SAGE, 
w CO 
ATTEST 
J,,, 4 'A,- - 
°L O R ADO 
By: 
Clerk of thT Board of 
County Commissioners 
STATE OF COLORADO ) 
SS: 
County of Eagle ) 
"Owner": 
COUNTY OF EAGLE, STATE OF 
COLORADO, By and Through Its 
BOARD OF COUNTY COMMISSIONERS 
By. 
ohnnette Phillips 
Chairman 
By: 
On this day of -V 1997, 
came before me, a notary public, V known 
to me to be the of 
who acknowledged to me that 
he executed the foregoing document, that he executed it in that 
capacity, and that the same was the act of the entity identified 
in the document as "Contractor". 
My commission expires: 
sprinkler.con 
my idn 
Nota 
IQreement Pn-Je 7 
GENERAL CONDITIONS 
1. Contractor shall provide and pay for labor, materials, 
equipment, tools, utilities, permits, licenses, transportation, and 
other facilities and services necessary for proper execution and 
completion of the Work. 
2. If Contractor fails to obtain the tax exemption(s) 
applicable to public works projects from sales, consumer, use and 
similar taxes, Contractor shall pay the same. Owner will cooperate 
with Contractor to obtain tax exemption for this project. 
3. Contractor shall be responsible for having taken steps 
reasonably necessary to ascertain the nature and location of the 
Work, and the general and local conditions which can affect the 
Work or the cost thereof. Any failure by Contractor to do so will 
not relieve him from responsibility for successfully performing the 
Work without additional expense to the Owner. Owner assumes no 
responsibility for any understanding or representations concerning 
conditions made by any of its officers, employees or agents prior 
to the execution of this Agreement, unless such understanding or 
representations are expressly stated in the Agreement. 
4. Before commencing activities, Contractor shall: (1) take 
field measurements and verify field conditions; (2) carefully 
compare this and other information known to Contractor with the 
Agreement; and (3) promptly report errors, inconsistencies or 
omissions discovered to Owner. 
5. Contractor shall supervise and direct the Work, using 
Contractor's best skill and attention. Contractor shall be solely 
responsible for and have control over construction means, methods, 
techniques, sequences and procedures, and for coordinating all 
portions of the Work. 
6. Contractor, as soon as practicable, shall furnish in 
writing to the Owner the names of subcontractors and suppliers for 
each portion of the Work. 
7. No charge shall be made by Contractor for hindrances or 
delays from any cause whatever during the progress of any portion 
General Conditions Page I 
of the Work, unless such hindrance or delay is caused in whole or 
in part by acts or omissions within the control of Owner. In any 
event, Owner may grant an extension of time for the completion of 
the Work, provided it is satisfied that delays or hindrances were 
due to causes outside Contractor's control, e.g., weather, or to 
acts of omission or commission by the Owner, provided that such 
extensions of time shall in no instance exceed the time actually 
lost to Contractor by reason of such causes, and provided further 
that Contractor shall have given Owner immediate (as determined by 
the circumstances, but not exceeding 48 hours) notice in writing of 
the cause of the detention or delay. 
8. Contractor shall deliver, handle, store and install 
materials in accordance with manufacturers' instructions. 
9. Contractor shall comply with and give notices required by 
all federal, state and local laws, statutes, ordinances, building 
codes, rules and regulations applicable to the Work. If the 
Contractor performs Work knowing it to be contrary to laws, 
statutes, ordinances, building codes, rules or regulations without 
notice to Owner, Contractor shall assume full responsibility for 
such Work and shall bear the attributable costs. Contractor shall 
promptly notify Owner in writing of any conflicts between the 
specifications for the Work and such governmental laws, rules and 
regulations. 
10. The Contractor shall be responsible for initiating, 
maintaining and supervising all safety precautions and programs, 
including all those required by law in connection with performance 
of the Agreement. The Contractor shall promptly remedy damage and 
loss to property caused in whole or in part by the Contractor, or 
by anyone for whose acts the Contractor may be liable. 
11. Contractor shall keep the premises/work site and 
surrounding area free from accumulation of debris and trash related 
to the Work. 
12. Contractor shall furnish performance and payment bonds, 
each in an amount at least equal to the contract price as security 
for the faithful performance and payment of all Contractor'S 
obligations under the contract documents. These bonds shall remain 
in effect at least until two years after the date of final payment, 
except as otherwise provided by law. Contractor shall also furnish 
other bonds as are required by the supplementary conditions. All 
bonds shall be in forms satisfactory to Owner, and be executed by 
Genera] Conditions Page 2 
such sureties as (a) are licensed to conduct business in the state 
where the project is located, and (b) are named in the current list 
of "Companies Holding Certificates of Authority as Acceptable 
Sureties on Federal Bonds and as Acceptable Reinsuring Companies" 
as published in Circular 570 (amended) by the Audit Staff Bureau of 
Accounts, U.S. Treasury Department. All bonds signed by an agent 
must be accompanied by a certified copy of the authority to act. 
If the surety on any bond furnished by Contractor is declared 
bankrupt, or becomes insolvent, or its right to do business is 
terminated in any state where any part of the project is located, 
or it ceases to meet the requirements of clauses (a) and (b) of the 
preceding paragraph, Contractor shall within.five days thereafter 
substitute another bond and surety, both of which shall be 
acceptable to Owner. 
13. Contractor shall be solely responsible for the protection 
of the Work until its final acceptance by Owner. Contractor shall 
have no claim against Owner because of any damage or loss to the 
Work, and shall be responsible for the complete restoration of 
damaged Work to its original condition. In the event Contractor's 
Work is damaged by another party, not under his supervision or 
control, Contractor shall make his claim directly with the party 
involved. If a conflict or disagreement develops between 
Contractor and another party concerning the responsibility for 
damage or loss to Contractor's Work, such conflict shall not be 
cause for delay in Contractor's restoration of the damaged Work. 
14. Contractor's Insurance: 
The Contractor shall purchase and maintain such insurance as will 
protect him from claims set forth below which may arise out of or 
result from the Contractor's operations under the contract, whether 
such operations be by himself, or by any subcontractor, or by 
anyone directly or indirectly employed by any of them, or by anyone 
for whose acts any of them may be liable. All such insurance shall 
remain in effect until final payment, and at all times thereafter 
when Contractor may be correcting, removing, or replacing defective 
Work. In addition, Contractor shall maintain such completed 
operations insurance for at least two years after final payment, 
and furnish Owner with evidence of continuation of such insurance 
at final payment and one year thereafter. 
Insurance coverage shall be as follows: 
Claims under Workmen's Compensation, disability benefits, and 
other similar employee benefit acts, with coverage and in 
amounts as required by the laws of the State of Colorado; 
General Conditions Page 3 
Claims for damage because of bodily injury, occupational 
sickness or disease, or death of his employees, and claims 
insured by usual personal injury liability coverage; 
Claims for damage because of bodily injury, sickness, disease, 
or death of any person other than his employees; and 
Claims for damages because of injury to or destruction of 
tangible property, including loss of use resulting therefrom. 
All liability and property damage insurance required hereunder 
shall be Comprehensive General Bodily Injury and Property 
Damage forms of policies. 
Builder's Risk Insurance: Insofar as the Work to be performed 
under this contract consists entirely of new construction 
removed and separated from any existing facility used by 
Owner, Contractor shall procure and maintain, for the duration 
of the Work of this project, Builder's Risk Insurance, 
including the perils of fire, extended coverage (loss due to 
vehicles, explosion, wind, flood, riot, etc.), vandalism and 
malicious mischief, and special extended coverage (loss due to 
falling objects, collapse, water damage from faulty or leaking 
systems, etc.) in the full amount of the contract price plus 
the cost of authorized extras. Said amount of insurance 
coverage shall be considered to cover the insurable value of 
the Work under this contract which is considered not to exceed 
one hundred percent (100%) of the amount of this contract and 
authorized extras. Such policy shall not insure any tools or 
equipment, or temporary structures erected at the site and 
belonging to any person or persons, or their subcontractors 
who are obliged by contract with the Owner to do Work on the 
projects. 
Comprehensive Risk Policy Option: In lieu of the several 
policies specified for Contractor's Liability Insurance, a 
comprehensive liability and property damage insurance policy 
inclusive of all the insurance and requirements herein set 
forth, subject to the approval of the Owner, will be 
permissible. 
Insurance covering claims for damages to persons or property shall 
at a minimum provide coverage of the larger of (i) $500,000 each 
person/$1,000,000 each occurrence, for bodily injury and $600,000 
each occurrence for property damage , (ii) the maximum liability of 
a 'local government provided in the Colorado Governmental Immunity 
Act, 24-10-101, et seq., CRS (1973) as that may be amended from 
time -to -time, or (iii) such greater amount(s) as may be required by 
law. 
General Conditions Page 4 
Insurance shall be placed jointly in the names of the Owner, 
Contractor, and any and all subcontractors, and any and all others 
obliged by contract with the Owner to do Work on this project, and, 
at the Owner's option, any other person or persons whom the Owner 
deems to have an insurable interest in said property, or any part 
thereof, payable as their several interests may appear. Any 
proceeds obtained from insurance provided for by this paragraph 
shall be paid to and held by the Owner as trustee. The Owner shall 
have the right to withhold payment of such proceeds until such time 
as the Work destroyed or damaged and covered by such insurance 
shall be reconstructed and shall pay such proceeds on an 
installment basis similar to that provided for by progress payments 
covering the original Work. 
Certificates of Insurance: Certificates of Insurance acceptable to 
the Owner shall be filed with the Owner prior to commencement of 
the Work. These Certificates shall contain provisions naming the 
Owner as an additional insured under Contractor's insurance, as 
more fully required by the General Conditions herein, and that 
coverage afforded under the policies will not be cancelled until at 
least thirty days prior written notice has been given the Owner. 
Contractor and his subcontractors shall not permit any of his 
subcontractors to start Work until all required insurance have been 
obtained and certificates with the proper endorsements have been 
filed with the Owner. Failure of the Contractor to comply with the 
foregoing insurance requirements shall in no way waive the Owner's 
rights hereunder. 
15. Owner, at its option, may purchase and maintain such 
liability insurance as will protect him against claims which may 
arise from operations under this contract. Purchasing and 
maintaining such insurance, however, will not relieve the 
Contractor from purchasing and maintaining the insurance 
hereinbefore specified. 
16. Before permitting any of his subcontractors to perform 
any Work under this contract, Contractor shall either (a) require 
each of his subcontractors to procure and maintain during the life 
of his subcontracts, Subcontractor's Public Liability and Property 
Damage Insurance of the types and in the amounts as may be 
applicable to his Work, which type and amounts shall be subject to 
the approval of the Owner, or (b) insure the activities of his 
subcontractors in his own policy. 
17. To the fullest extent permitted by law, Contractor shall 
indemnify and hold harmless Owner, its board, commissioners, 
employees and the agents of any of them, from and against claims, 
General Conditions Page 5 
damages, losses and expenses, including but not limited to 
attorneys' fees, arising out of or resulting from performance of 
the Work, provided that such claim, damage, loss or expense is 
attributable to bodily injury, sickness, disease or death, or to 
injury to or destruction of tangible property (other than the Work 
itself) including loss of use resulting therefrom, but only to the 
extent caused in whole or in part by negligent acts or omissions of 
the Contractor, a subcontractor, anyone directly or indirectly 
employed by them or anyone for whose acts they may be liable, 
regardless of whether or not such claim, damage, loss or expense is 
caused in part by a party indemnified hereunder. 
18. After execution of the Agreement, changes in the Work may 
be accomplished by Change Order or by order for a minor change in 
the Work. Owner, without invalidating the Agreement, may order 
changes in the Work within the general scope of the Agreement 
consisting of additions, deletions or other revisions. 
a. No Change Orders or other form of order or directive 
which requires additional compensable work to be performed may 
be issued or be effective unless accompanied by a written 
assurance to the Contractor that lawful appropriations to 
cover the costs of the additional work have been made. 
b. A Change Order shall be a written order to the Contractor 
signed by Owner to change the Work. 
C. Owner will have authority to order minor changes in the 
Work not involving changes in the Contract Price or the 
Contract Time. Such changes shall be written orders and shall 
be binding on the Contractor and Owner. Contractor shall 
carry out such written orders promptly. 
19. Progress Payments: 
If the project is subject to progress payments, not more often than 
once a month, Contractor shall submit to Owner an application for 
payment filled out and signed by Contractor covering the work 
completed as of the date of the application, and accompanied by 
such supporting documentation as Owner may reasonably require. If 
payment is requested on the basis of materials and equipment not 
incorporated in the work, but delivered and suitably stored at the 
site or at another location agreed to in writing, the application 
for payment shall also be accompanied by such data, satisfactory to 
Owner, as will establish Owner's title to the material and 
equipment, and protect Owner's interest therein, including 
applicable insurance. Each subsequent application for payment 
shall include an affidavit of Contractor stating that all previous 
General Conditions Page 6 
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 retainage with 
respect to progress payments will be as stipulated in the 
Agreement. 
Owner will, within ten days after receipt of each application for 
payment, either indicate in writing a recommendation of payment, or 
return the application to Contractor indicating in writing its 
reasons for refusing to recommend payment. In the latter case, 
Contractor may make the necessary corrections and resubmit the 
application. Owner shall, within twenty days of recommendation of 
payment, pay Contractor the amount recommended. 
20. Final Payment: 
Upon written notice from Contractor that the work is complete, 
Owner will make a final inspection with Contractor, and will notify 
Contractor in writing of all particulars in which this inspection 
reveals that the work is incomplete or defective. Contractor shall 
immediately take such measures as are necessary to remedy such 
deficiencies. 
After Contractor has completed all such corrections to the 
satisfaction of Owner, and delivered all maintenance and operating 
instructions, schedules, guarantees, bonds, certificates of 
inspection, marked -up record documents or as -built drawings 
covering all of the Work, Contractor may make application for final 
payment following the procedure for progress payments. The final 
application for payment shall be accompanied by all documentation 
called for in the contract documents, and such other data and 
schedules as Owner may reasonably require, together with complete 
and legally effective releases or waivers (satisfactory to Owner) 
of all liens arising out of, or filed in connection with the work. 
In lieu thereof, and as approved by Owner, Contractor may furnish 
receipts or releases in full; an affidavit of Contractor that the 
releases and receipts include all labor, services, material, and 
equipment for which lien could be filed, and that all payrolls, 
material, and equipment bills, and other indebtedness connected 
with the work, for which Owner or his property might in any way be 
responsible, have been paid or otherwise satisfied; and consent of 
the surety, if any, to final payment. If any subcontractor, 
manufacturer, fabricator, supplier, or distributor fails to furnish 
a release or receipt in full, Contractor may furnish a bond or 
other collateral satisfactory to Owner to indemnify Owner against 
any lien. 
General Conditions Page 7 
22. Final payment shall not become due until Contractor 
submits to Owner releases and waivers of liens, and data 
establishing payment or satisfaction of obligations, such as 
receipts, claims, security interests or encumbrances arising out of 
the Work. Final payment is subject to the Final Settlement 
requirements and time periods set forth in C.R.S. §38-26-107. 
21. Contractor warrants and guarantees that' title to all 
work, materials, and equipment covered by any application for 
payment, whether incorporated in the project or not, will pass to 
Owner at the time of payment free and clear of all liens, claims, 
security interests, and encumbrances (in these General Conditions 
referred to as "Liens"). 
23. Contractor's obligation to perform and complete the Work 
in accordance with the contract documents shall be absolute. 
Neither the recommendation of any progress or final payment nor the 
payment by Owner to Contractor under the contract documents, nor 
any use or occupancy of the Work or any part thereof by Owner, nor 
any act of acceptance by Owner, nor any failure to do so, nor any 
correction of defective Work by Owner shall constitute an 
acceptance of Work not in accordance with the contract documents or 
a release of Contractor's obligation to perform the Work in 
accordance with the contract documents. 
24. If Contractor fails to correct Work which is not in 
accordance with the Agreement, the Owner may direct the Contractor 
to stop the Work until the correction is made. 
25. Contractor shall promptly correct Work rejected by Owner 
as failing to conform to the requirements of the Agreement and 
Contractor shall bear the cost of correcting such rejected Work. 
26. Contractor warrants to Owner that: (1) materials and 
equipment furnished under the Agreement will be new and of good 
quality; (2) the Work will be free from defects not inherent in the 
quality required or permitted; and (3) the Work will conform to the 
requirements of the Agreement. 
27. Contractor warrants and guarantees to Owner that all Work 
will be in accordance with the Contract Documents and will not be 
defective. Prompt notice of all defects shall be given to 
Contractor. If, within one year after the date of completion, or 
such longer period of time as may be set forth in the Agreement 
General Conditions Page 8 
(including the Bid), prescribed by law, prescribed by the terms of 
any applicable warranty given by a materials supplier or required 
by or a part of the Agreement, any Work is found to be defective, 
Contractor shall promptly, without cost to Owner, and in accordance 
with Owner's written instructions, either correct such defective 
Work, or, if it has been rejected by Owner, remove it from the 
site, and replace it with nondefective work. If Contractor does 
not promptly comply with the terms of such instructions, or in an 
emergency where delay would cause serious risk of loss or damage, 
Owner may have the defective Work corrected or the rejected Work 
removed and replaced, and all direct and indirect costs of such 
removal and replacement, including compensation for additional 
professional services, shall be paid by Contractor. 
28. If Contractor defaults or neglects to carry out the Work 
in accordance with the Agreement and fails within a seven day 
period after receipt of written notice from the Owner to correct 
such default or neglect with diligence and promptness, the Owner 
may, without prejudice to other remedies, correct such 
deficiencies. In such case, the Agreement may be terminated by 
Owner or a Change Order shall be issued deducting the cost of 
correction from payments due the Contractor. 
29. The performance of the Work may be terminated at any time 
in whole, or from time to time in part, by Owner for its 
convenience. Any such termination shall be effected by delivery to 
Contractor of a written notice ("Notice of Termination") specifying 
the extent to which performance of the Work is terminated and the 
date upon which termination becomes effective. After receipt of a 
Notice of Termination, and except as otherwise directed by Owner, 
Contractor shall, in good faith, and to the best of its ability, do 
all things necessary, in the light of such notice and of such 
requests in implementation thereof as Owner may make, to assure the 
efficient, proper closeout of the terminated Work (including the 
protection of Owner's property). Among other things, Contractor 
shall, except as otherwise directed or approved by Owner: 
a. stop the Work on the date and to the extent specified in 
the Notice of Termination; 
b. place no further orders or subcontracts for services, 
equipment or materials except as may be necessary for 
completion of such portion of the Work as is not terminated; 
General Conditions Page 9 
C. terminate all orders and subcontracts to the extent that 
they relate to the performance of Work terminated by the 
Notice of Termination; 
d. assign to Owner, in the manner and to the extent directed 
by it, all of the right, title and interest of Contractor 
under the orders or subcontracts so terminated, in which case 
Owner shall have the right to settle or pay any or all claims 
arising out of the termination of such orders and 
subcontracts; 
e. with the approval of Owner, settle all outstanding 
liabilities and all claims arising out of such termination or 
orders and subcontracts; and 
f. deliver to Owner, when and as directed by Owner, all 
documents and all property which, if the Work had been 
completed, Contractor would be required to account for or 
deliver to Owner, and transfer title to such property to Owner 
to the extent not already transferred. 
In the event of such termination, there shall be an equitable 
reduction of the Contract Price to reflect the reduction in the 
Work and no cost incurred after the effective date of the Notice of 
Termination shall be treated as a reimbursable cost unless it 
relates to carrying out the unterminated portion of the Work or 
taking closeout measures. 
\sprinkler.gc 
General Conditions Page 10 
SPECIFICATIONS 
ra 
DRAWINGS 
SPECIFICATIONS 
EAGLE SENIOR CENTER ROOFING 
1. ROOFING WILL BE PRO PANEL II, 29 GAUGE MANUFACTURED BY 
METAL SALES 
2. COLOR WILL BE OCEAN BLUE (PROPANEL 35) 
3. EXISTING GUTTERS WILL BE REPLACED WITH PREFORMED, 
PREPAINTED GUTTERS AND ATTACHED TO DOWN SPOUTS. 
4. RAKES, EAVES, VALLEYS AND RIDGES WILL BE COVERED WITH 
PREPAINTED, PREFORMED METAL AT ALL LOCATIONS. 
5. ALL ROOFING WILL BE PLACED OVER 1 X 4'S ON 2' CENTERS NAILED 
TO RAFTERS. (EXISTING ROOF TO REMAIN) 
6. ROOFING WILL BE SCREWED IN PLACE WITH PROPANEL PAINTED 
SCREWS. 
7. ALL INSTALLATIONS WILL BE IN ACCORDANCE WITH METAL SALES 
INSTALLATION GUIDE SUPPLIED BY MANUFACTURER. 
DOTE: Special Installation And 
' Maii .ienance Instructio, is 
For 29 gauge products only. Please refer to Span -Line 36 Detail and Specs and V -'Line 32 Detail 
and Specs for 26 gauge fastening patterns. 
Roofing and Siding 
Both roofing and siding should be started vertically at the end of the building, opposite from the 
direction of the prevailing wind. Girt spacing should be no more than 36" for normal sidewall application. 
It is recommended that purlin spacing be no more than 24" for normal application with a slope of at 
least 2'/2" per foot of run. The recommended slope is 4" per foot of run for large buildings. Refer to end 
lapping data. 
End Lapping Data 
Pitch -Rise 
per Maximum 
foot of run Lap Length Run Length 
2"-2'/2" 12" Lap 15' 
21/2"-4" 9" Lap 33, 
4"-6" 6" Lap 55' 
No end lap should be less than 6". 
For complete weather proofing, caulk all side and endlaps, regardless of the pitch. The maximum 
recommended run is 55'. Sidelaps should be caulked at the top of the rib, while endlaps should be 
caulked at the end of both the top and bottom sheet. 
How to Nail 
For best results use galvanized steel ring or screw shank nails with neoprene washers. Select nail 
lengths for roofing and siding that do not go completely through purlins and girts. Do not overdrive so 
as to dimple or distort. 
Estimating Nails — As an average, estimate 1 pound of nails per square of roofing and siding. 
How to Apply with Drill Screws 
Generally, 1 " screw fasteners are placed in the flat area of the sheet at 9" on center. Do not overdrive 
so as to dimple or distort. 1'/2" woodgrips are used for the lapping rib. If purlins are placed over 24" 
apart, stitching screws are recommended on the lapping rib in between the purlins. 
Estimating Screw Fasteners—As an average, estimate 70 screw fasteners per square of roofing and 
siding. 
Cutting 
Because the bottom side is flatter, it is recommended that roofing and siding be cut from the bottom. 
A power saw, nibbler, snips, or profile shears may be used. 
Metal filings from cutting to length or for roof penetrations will create rust and cause serious appear- 
ance problems. Be sure the roofing and siding surfaces are free of all such filings. 
Storage Instructions 
If metal roofing or siding is not going to be used immediately, it should be stored in a dry area. It 
should be unbundled and stood on end against an interior wall. 
If materials must be stored outside, protect with canvas or waterproof paper. Allow for air circulation 
do not cover air tight. 
Application Precautions: 
Avoid installing directly over green or damp lumber, porous insulation, or other damaging materials. 
The use of a moisture barrier is recommended in such situations. Strong chemicals, such as fertilizer, 
manure, some soils and lime may cause damage. Storage or application near such materials should be 
avoided. 
Pro -Panel`' II and Classic Rib' Nailing Recommendations 
Pro-PanelW' II and Classic Rib" Screw Fastener Recommendations 
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