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HomeMy WebLinkAboutC20-097 Big Johnson ConstructionAGREEMENT FOR INSTALLATION SERVICES BETWEEN EAGLE COUNTY, COLORADO AND BIG JOHNSON CONSTRUCTION, LLC THIS AGREEMENT (“Agreement”) is effective as of ___________________, by and between Big Johnson Construction, a Colorado limited liability company (hereinafter “Contractor”) Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County desire to utilize Contractor to install a steel shed purchased by Eagle County (the “Project”) at the North West Road & Bridge shop located at 30265 Colorado River Road, Burns, CO 80426 (the “Property”); and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and installation services as set forth below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the procurement of equipment, materials and services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the installation services described in Exhibits A, B and C (“Services” or “Work”) which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. For purposes of this Agreement, “materials” shall not include the steel shed purchased by the County. However, Contractor shall supply all materials necessary to install the shed to County specifications, including but not limited to lumber, blocks, cable, rope etc. a. Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. The Services are anticipated to begin on April 20, 2020. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibits A, B and C and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. c. County shall have the right to inspect all Work. Inspection and acceptance shall not be unreasonably delayed or refused. In the event County does not accept the Work for any reason in its sole discretion, then Contractor agrees to make the necessary corrections to complete the installation services described in Exhibit A: 2. County’s Representative. The Facilities Management Department’s designee shall be Contractor’s contact with respect to this Agreement and performance of the Services. DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 3/12/2020 C20-097 2 G:\Shared drives\ATT Department\Andy\Contract Final Drafts\Big Johnson\Big Johnson Construction.Agreement.final.docx 3.Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect until the work is satisfactorily completed and accepted by the Facilities Management Department designee. 4.Extension or Modification. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services in accordance with County’s internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor’s rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed eighteen thousand six hundred forty four dollars ($18,644.00). In the event Contractor and County agree upon the need for additional services beyond those described in Exhibit A, Contractor shall first provide County with a written estimate which shall include an estimate of the labor, materials without any mark up and any additional costs necessary to perform the Services at a particular Property or Properties. Each estimate must be approved by County’s Representative prior to commencement of the Services by Contractor. Total compensation under this Agreement shall not exceed twenty five thousand dollars ($25,000.00) without a written amendment to this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a.Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b.If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not provided or performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. c.County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. d.Notwithstanding anything to the contrary contained in this Agreement, 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 of any year, without an appropriation therefor 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). DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 3 G:\Shared drives\ATT Department\Andy\Contract Final Drafts\Big Johnson\Big Johnson Construction.Agreement.final.docx 6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without County’s prior written consent, which may be withheld in County’s sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers’ Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit D. ii. Contractor’s certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. v. Contractor is not entitled to workers’ compensation benefits except as DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 4 G:\Shared drives\ATT Department\Andy\Contract Final Drafts\Big Johnson\Big Johnson Construction.Agreement.final.docx provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County 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 or any of its subcontractors hereunder; and Contractor shall reimburse County for reasonable attorney fees and costs, legal and other expenses 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 County is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased or prepared in the performance of the Services 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. Further, Contractor shall execute any bill of sale or other documents required by County to transfer title of the Equipment to County. Contractor shall provide copies of any instruction or operations or care manuals and shall further provide copies of any manufacturers warranties associated with the Equipment. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Facilities Management Post Office Box 850 Eagle, CO 81631 3289 Cooley Mesa Road Gypsum, CO 81637 Telephone: 970-328-8881 Facsimile: 970-328-3539 E-mail: ron.siebert@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-Mail: atty@eaglecounty.us DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 5 G:\Shared drives\ATT Department\Andy\Contract Final Drafts\Big Johnson\Big Johnson Construction.Agreement.final.docx CONTRACTOR: Big Johnson Construction, LLC PO Box 1128 Fort Morgan, CO 807021 Telephone: 970-867-4709 Facsimile: 970-867-4742 E-Mail: Ryan@bjcsteel.com 11. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the intended purpose and use of the Equipment, nature and extent of the Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. c. To the extent possible, Contractor has correlated the results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given County written notice of all conflicts, errors, or discrepancies. e. Contractor shall be responsible for completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the County has accepted or approved the Equipment and/or Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 6 G:\Shared drives\ATT Department\Andy\Contract Final Drafts\Big Johnson\Big Johnson Construction.Agreement.final.docx employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor hereby represents and warrants that the Services will performed in a good and workmanlike manner and guarantees all Work against defects in materials or workmanship for a period of one (1) year from the date the Work is accepted by County, or such longer period as may be provided by the law or as otherwise agreed to by the parties. g. All guarantees and warranties of Equipment furnished to Contractor or any subcontractor by any manufacturer or supplier are for the benefit of County. If any manufacturer or supplier of any Equipment furnishes a guarantee or warrantee for a period longer than one (1) year, then Contractor’s guarantee or warrantee shall extend for a like period as to such Equipment. h. Contractor warrants that title to all Work and Equipment shall pass to County either by incorporation into the Property or upon receipt by Contractor of payment from County (whichever occurs first) free and clear of all liens, claims, security interests or encumbrances. Contractor further warrants that Contractor (or any other person performing Work) purchased all Equipment free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the foregoing, Contractor assumes all risk of loss with respect to the Equipment until the Equipment is installed and County has inspected and approved the same. i. Within a reasonable time after receipt of written notice, Contractor shall correct at its own expense, without cost to County, and without interruption to County: i. Any defects in materials or workmanship which existed prior to or during the period of any guarantee or warranty provided in this Agreement; and ii. Any damage to any other Work or property caused by such defects or the repairing of such defects. j. Guarantees and warranties shall not be construed to modify or limit any rights or actions County may otherwise have against Contractor in law or in equity. k. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. l. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. m. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules and regulations. n. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 7 G:\Shared drives\ATT Department\Andy\Contract Final Drafts\Big Johnson\Big Johnson Construction.Agreement.final.docx o. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. p. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. q. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. r. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. s. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. t. The Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 15. Prohibitions on Government Contracts. As used in this Section 15, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Contractor will participate in the E-verify Program or other Department of Labor and Employment program (“Department Program”) in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Contractor shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: https://www.uscis.gov/e-verify DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 8 G:\Shared drives\ATT Department\Andy\Contract Final Drafts\Big Johnson\Big Johnson Construction.Agreement.final.docx c. Contractor shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: i. Notify the subcontractor and County within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. 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). f. If Contractor violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONTRACTOR: BIG JOHNSON CONSTRUCTION, LLC By:________________________________ Print Name: _________________________ Title: ______________________________ DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 Dir Busn Dev Ryan Perzee 195 4 5 a P a g e 1 | 4 PO Box 1128, Fort Morgan, CO 80701 970.867.4709 Tel 970.867.4742 Fax www.bjcsteel.com Labor Proposal Proposal Date: 31 October 2019 Quote: 19545a Customer: Eagle County-Facilities Planner 3289 Cooley Mesa Road, Gypsum, CO 81637 From: Ryan Perzee ryan@bjcsteel.com 720-466-0464 Attention: Ron Siebert Phone: 970.328.8881 Email: ron.siebert@eaglecounty.us Fax: Project: Burns, CO Eagle County Storage Shed General Building Information Description Width Length Eave Height Roof Slope Square Footage 35’-0” 48’-0” 12’-8”/18’-6” 2:12 single slope 1,680 Building Manufacturer Alliance Bid Documents Received Arch Dated 21Oct19 Specific Building Components Roof Panels 36” exposed fastener R panel Roof Insulation: N/A Roof Liner Panel: N/A Roof Curbs/FO: N/A Snow Guard: N/A Wall Panels: 36” exposed fastener R panel Wall Insulation: N/A Wall Liner Panel: N/A Personnel Doors: N/A Framed Openings: N/A Windows: N/A Louvers: N/A Gutters & Downs: 48 linear feet standard gutter with downspouts Partition Walls: N/A Soffit Panels: N/A Cranes: N/A Special Details: See Inclusions and Clarifications below. Base Bid Labor Proposal Eighteen thousand six hundred forty-four dollars and 00/100 $18,644.00 A EXHIBIT DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 195 4 5 a P a g e 2 | 4 PO Box 1128, Fort Morgan, CO 80701 970.867.4709 Tel 970.867.4742 Fax www.bjcsteel.com Alternate Pricing Available Description Add/Deduct Amount N/A $0.00 SPECIFIC Base Bid Inclusions and Clarifications 1. Any applicable sales taxes are NOT included. 2. Any work performed outside the standard scope of this proposal must be first approved in a fully executed and may be subject to the standard rate of $80.00/hour per man. 3. Approximate project duration is 5 days with a 4 man crew. Duration is based on a six-day work week without any hour restrictions and includes a single mobilization. 4. Roof is to be sheeted as illustrated in the “for construction” drawings, with a 26 gauge exposed fastener R panel. 5. Walls are to be sheeted full height as illustrated in the “for construction” drawings, with a standard 26-gauge exposed fastener PBR. 6. No doors or framed openings. 7. No roof or wall insulation. 8. Special Details: a. High side wall is to remain open (no girts or cladding). b. Austere conditions applied. 9. Standard building erection has been assumed. This includes no interior interferences from installed equipment and provides a level working surface. Should there be equipment installed prior to building erection or there be an inadequate work perimete r; additional charges MAY be required for the use of a crane. This equipment is NOT included in the base labor cost listed. Standard Inclusions and Clarifications 1. All necessary standard equipment needed for the erection of the above listed building(s) has/have been included. 2. Customer is responsible for securing all necessary permits and associated fees. 3. Any work performed outside the standard scope of this proposal must be first approved in writing and may be subject to the standard rate listed within the payment section of this agreement. This includes any “fixes” to a manufactured item or onsite design change. 4. A minimum 25’ perimeter distance is to be available at all times during the erection process. The said perimeter is to be void of any pits, trenches or holes and the surface shall be level, even and packed. 5. Unless otherwise noted in this proposal; the required perimeter is also to be free of any permanent structures such as, but not limited to, adjacent buildings, pipe racks, fencing or equipment. 6. An adequately sized material staging and lay down area is required and must be within a reasonable proximity to the site. This area also must be free of any pits, trenches or holes and the surface shall also be relatively level, even and packed. 7. Materials to be erected/installed are to be delivered clean, free of defects and in good condition from the manufacturer or supplier. Cleaning of soiled materials due to transport may be completed for additional costs. 8. All materials will be off-loaded, staged and/or stored in accordance with the guidelines outlined in the most current edition of the Metal Building Manufacturers Association (MBMA) manual and as recommended by the building’s manufacturer. 9. Upon arrival the building(s) foundation(s) must be complete, properly cured and ready for building erection. 10. Anchor bolts must be placed according to the anchor bolt layout found within the building manufacturers “for construction” drawings and all bolts must be clean and free of materials within the threads. The proper anchor bolt nuts and washers are to be loosely installed on each anchor bolt. 11. The building(s) is/are be erected in a safe and timely manner and in accordance with both the manufacturers recommended erection guidelines and those found within the most current edition of the MBMA manual. This includes erecting the building to within the standard industry tolerances listed within the MBMA manual and/or as specifically detailed by the building manufacturer. 12. Working over and/or around existing buildings, structures or equipment is NOT included unless specifically listed within this proposal. This includes work done within the building(s) envelope. 13. Customer is to provide all temporary power, trash receptacles, trash removal, snow removal, site grading and sanitary facilities. If owner fails to provide said items, BJC, LLC may do so at Customer’s expense. Generator rental is $100.00 per day. 14. Additional required mobilizations because of personnel or trades not employed or contracted by Big Johnson Construction, LLC shall be subject to back charges. 15. Delays or work stoppages caused by the Customer will be subject to a $2,000.00 per day penalty until the delay is resolved. DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 195 4 5 a P a g e 3 | 4 PO Box 1128, Fort Morgan, CO 80701 970.867.4709 Tel 970.867.4742 Fax www.bjcsteel.com 16. Communication is essential to successfully completing this project on time. BJC, LLC will work to keep all involved parties informed of anticipated progress, material defects or missing inventory in attempt to not cause any avoidable delays. 17. BJC, LLC is not responsible for any delays caused by or deemed acts of nature. This includes but is not limited to, inclement weather, fire, strikes and concealed or unexpected conditions. 18. Customers appointed representative must be available, including weekends, to answer any questions that may arise during the construction process. This representative must have the authority act on behalf of the customer and make decisions concer ning the project, its materials or construction. 19. Customer must provide a representative at job site upon scope completion for final walk-thru and punch-out. Failure of Customer to have a representative at the job site for the scheduled final inspection shall waive the Customer’s right to final inspection. 20. No additions/changes to this scope of work will be acceptable without prior written approval from an authorized BJC employee. 21. Big Johnson Construction, LLC as a subcontractor, may or may not be licensed in the city, county, state or governing municipality of this project. Our workers are already covered in any/all states under a CO worker compensation policy in effect for Big Johnson Construction, LLC. This proposal does not include any monies for covering the cost of city, county or state licensing or additional out-of-state worker’s compensation that may be required for your project. 22. Customer is responsible for providing and maintaining property insurance and builders risk insurance upon the entire work of the site to the full insurable value thereof. This insurance shall insure against the perils of fire, weather damage, vandalism, theft and extended coverage. 23. Unless otherwise specified, BJC, LLC warrants its work as outlined above for the period of one year (365 days) from the date of scope completion. Failures of work originally performed by BJC, LLC but having been modified by other trades voids the warranty provided and may be subject to additional charges following repair. Exclusions (Items NOT included in bid unless specifically clarified above.) 1. Sales Tax 2. Permits, licensing or any associated fees. 3. Additional insurance limits or coverage beyond BJC standard policies. 4. “Special” erection equipment including but not limited to cranes or crane rental. 5. Specified site-specific certifications or safety training beyond the standard OSHA requirements. 6. Foundation layout, concrete installation, anchor bolts, anchor bolt nuts and washers, base plate templates, shims or grout. 7. Cleaning, or retouching any painted and/or primed materials soiled because of transportation from the manufacturer/supplier to the job site. Or because of delay in erection following materials off load. 8. Storage of materials beyond that which is recommended in the MBMA manual. (Materials can be tarped if tarps are provided prior to offloading.) 9. Fall protection anchors. 10. HVAC, plumbing or electrical work. 11. Cranes, crane runway beams, crane rails or crane electrification. 12. Roof penetrations, curbs, jacks, snow guards or other roof accessories. 13. Skylights, wall lights, translucent panels, windows, personnel doors or overhead doors. 14. Miscellaneous steel including but not limited to stairs, mezzanines, handrails, pipe racks or bollards. 15. Interior metal or wood framing. 16. Any item not specifically listed as included or clarified within this proposal. Payments Big Johnson Construction, LLC hereby agrees to perform the described work to the below named client as per the attached pr oposal. By executing (signing) this contract the client agrees to the payment milestones outlined below. Any additional labor required not already included in the scope of this proposal may be performed following the receipt of a fully executed change orders. DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 195 4 5 a P a g e 4 | 4 PO Box 1128, Fort Morgan, CO 80701 970.867.4709 Tel 970.867.4742 Fax www.bjcsteel.com Pricing valid for 45 days from proposal date unless otherwise specified. Payment Milestones (Unless otherwise specified) Due Upon Completion of Primary & Secondary Erection 50% of Total Labor Cost Due Upon Completion of Erection and Final Punch Out Remaining Balance of Total Labor Cost Payment Clarifications 1. This proposal does NOT include any applicable sales taxes required by law unless listed in the specific inclusions and clarifications listed above. All applicable takes will be added upon acceptance unless a confirmed tax exemption certificate is provided. 2. Should the Customer wish to utilize a separate sub -contract agreement provided by the Customer; Big Johnson Construction, LLC will agree to the terms outlined in said agreement only upon full execution of the agreement including a copy of this proposal, in its entirety, as an attachment of provided agreement. Inclusions of only portions of this proposal in a Customer provided sub-contract agreement will NOT be accepted 3. Unless prior arrangements are made, agreed upon by both parties involved and documented in writing, all payments must be received within 15 days of billing and/or project completion or interest penalties of 1.5% of the total billable amount will apply per month. 4. In the event of any action by Big Johnson Construction, LLC to enforce the provisions of this agreement or any of its right thereunder, Customer shall be liable to reimburse Big Johnson Construction , LLC for all costs and expenses including reasonable attorney’s fees if such actions result in litigation. 5. Big Johnson Construction, LLC reserves the right to terminate this agreement at any time. Notice of termination, including cause, shall be submitted to Customer in writing via certified mail. If terminated, Customer agrees to pay the contracted value for all completed labor to the termination notice date. This amount includes all overhead and profit previously included in the contracted labor amounts. BY SIGNING THIS DOCUMENT, THE LISTED CUSTOMER AGREES TO THE TERMS AND CONDITIONS OF THE PROPOSAL INCLUDING THE COSTS FOR BIG JOHNSON CONSTRUCTION, LLC TO PERFORM THE DESCRIBED SCOPE OF WORK. Customer Signature BJC, LLC Representative Printed Name Printed Name Title Title Date Date DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 BEXHIBIT DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 CEXHIBITDocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 DEXHIBIT DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755 DocuSign Envelope ID: E2EF156E-4A89-49B1-8EDD-11790D837755