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HomeMy WebLinkAboutC07-254 Gateway Construction CorporationPRECONSTRUCTION SERVICES AND CONSTRUCTION AGREEMENT FOR EL JEBEL ROAD & BRIDGE FACILITY THIS AGREEMENT is made this 21" day of August, 2007, by and between Eagle County, Colorado, acting by and through its Board of County Commissioners ("County") and Gateway Construction Corporation a company organized and existing by virtue of the laws of the State of Colorado (hereinafter referred to as "Gateway" or "Contractor"). WHEREAS, the County intends to design and construct a 72 ft. x 1381 ft. Road & Bridge equipment facility and associated work site in order to accommodate the Eagle County Road & Bridge Department needs in the Roaring Fork Valley (the "Project"); and WHEREAS, the Architect for the Project is Sopris Architecture, 1579 Gateway Road Snowmass, Colorado 81654 (phone (970) 927-3313) ("Architect"); and WHEREAS, the County desires preconstruction to facilitate and assist with the design of the Project and construction services to complete the facility as designed; and WHEREAS, Gateway represents to the County that it is authorized to do business in the state of Colorado, and that it has, by virtue of its capabilities of budgeting, cost estimating, management, and personnel: the required technical and professional expertise to perform the Scope of Work set forth hereunder. NOW THEREFORE, the County and Gateway, for the consideration hereinafter set forth, agree as follows: 1. Work: 1.1 Preconstruction Services: Gateway shall perform those preconstruction services that are normally and customarily provided during the planning and design phases of projects of this nature, as more fully described in Eagle County's Request for Proposal and Qualifications Preconstruction and Construction Services for Eagle County Road & Bridge Facility, attached hereto as Exhibit A and incorporated herein by this reference. The Preconstruction Work is more particularly set forth and further described in the following: A. Gateway will consult with, advise, assist and make recommendations to the County and Architect on all aspects of planning for the Project, including review and validation of plans, cost estimates and schedules. B. Gateway will attend at least bi-weekly meetings, commencing immediately and continuing throughout the design phase of the project, as requested with the Architect and/or County to advise and discuss the preconstruction progress and respond to questions regarding the Project. C. Gateway will assist the Architect and County at any point in the pre - construction process to provide cost analysis comparisons of various materials, products, or design options. D. Gateway will provide value engineering services through technical review and analysis of alternative designs, systems, and materials being considered in the design to produce the greatest value for the least cost. Gateway will provide cost estimates of the alternatives and evaluate the alternatives on the basis of costs, time schedules, availability of labor and materials, construction feasibility, warranties and projected life expectancy. E. Gateway will make budget estimates based on the 100% Design documents and other available information. Gateway will review and refine subsequent estimates with quantity take -off cost estimates in increasing detail as the development of the plans and specifications proceeds, and will advise the County and the Architect if it appears that the targets for the Project budget and/or completion will not be met. F. Gateway will provide subcontractor prequalification and solicit subcontractor pricing with the 100% Design documents. Gateway will then compile Final Pricing, to include hard bid subcontractor pricing, plus any other estimates and projections, for a comprehensive final cost estimate which shall be presented to County as a Guaranteed Maximum Price. Gateway will present the GMP, a detailed budget and construction schedule within 20 working days of the issue of the 100% Construction Documents. The GMP, budget and construction schedule must be approved by the Eagle County Project Manager and ECG before the design and construction documents are implemented and the construction services may commence upon the Eagle County Project Manager's issuance of a Notice to Proceed with Construction Services. G. Gateway will review plans and specifications with the Architect for accuracy and completeness and to eliminate areas of conflict and overlap in the work to be performed by the various subcontractors. H. Gateway will assist the design team in making recommendations of sequencing based on the project parameters for determining the most cost effective construction sequence. Gateway will provide a preliminary critical path schedule for the completion of the design phase, procurement of long lead items and construction phase to acquire a Certificate of Occupancy by the Summer of 2008, and provide comment and insight for further schedule refinement. I. Gateway will maintain an "Open Book" with the County and agrees to provide copies of all data, bids, estimates, takeoffs, and any other supporting documentation generated for pricing, products, materials, and schedule analysis. Some forms, formats and procedures may be construed as proprietary and copyrighted material. Although available for review by County, said materials 2 such as estimating and project management information written, developed and implemented by Gateway shall not become public information. J. Gateway will assist County in obtaining Building Permits if requested. 1.2 Construction Services: A. If after completing Preconstruction Services, Gateway's proposed GMP, detailed budget and construction schedule are accepted by County, then County shall provide Contractor with a Notice to Proceed with Construction Services. Any modifications to this Agreement shall be recorded in writing as an addendum. B. County, in its sole discretion, may decide not to proceed with the project or with Gateway as the CM/GC, or County may decide not to issue a Notice to Proceed with Construction Services to Gateway for any reason or no reason at all. In the event County does not proceed with the project prior to commencement of Construction Services, Gateway will be paid for preconstruction services performed to that point, time and materials inclusive, in an amount not to exceed $25,000.00. C. Upon receipt of a Notice to Proceed with Construction Services, Gateway shall carry out and develop the overall plans produced by County's subcontracting Architect, which have been pre -approved by the Eagle County Project Manager; establish procedures for coordination between the Architect and Gateway's subcontractors with respect to all aspects of the Work and implement such procedures; and supervise and direct the work of its subcontractors and coordinate the Work with the County's objectives of cost, time and quality. D. Supervision: Gateway shall supervise and direct the Work, and shall be solely responsible for all construction means, methods, techniques, sequences, and procedures and shall coordinate all portions of the Work under this Agreement. Gateway shall be responsible to County for the acts and omissions of Gateway's subcontractors, agents, employees and any other persons performing any of the Work or furnishing materials under a contract with Gateway. E. Gateway shall furnish labor and construction services (1) which expeditiously, economically and properly complete its particular scope of the Work in the manner most consistent with the County's interests and objectives; and (2) in accordance with the highest standards currently practiced by persons and entities performing comparable labor and services on projects similar in size, complexity and cost in the State of Colorado. F. Gateway expressly recognizes that this Project must be completed within the time and fiscal constraints as set forth throughout this Agreement. Gateway further represents to the County that, by executing this Agreement, it has been fully informed and has thoroughly reviewed: the goals of the Project; the time schedule as well as fiscal constraints of the Project; all of the Exhibits and documents attached to this Agreement, and incorporated herein by reference; and, all of the services to be provided by Gateway - pursuant to the Contract Documents. Based upon this review and analysis, the Contractor represents to County that it will provide all of the necessary services and perform all of the Work within the requirements of the Contract Documents. 1.3 In the event County issues to Gateway a Notice to Proceed with Construction Services, the Work shall include, but will not be limited to, the following: A. Meeting Attendance: Meet regularly with the Architecht and Eagle County Project Manager to discuss progress, present material and information and respond to questions regarding the Project. Gateway will be responsible for submitting to the Eagle County Project Manager, within five working days, the minutes of all meetings during the preconstruction and construction phases. Schedule and conduct weekly progress meetings at which subcontractors, Architect, the Eagle County Project Manager, and Gateway can discuss jointly such matters as progress, problems and scheduling. Provide a detailed schedule for the operation of Gateway and subcontractors on the project, including realistic activity sequences and durations, allocation of labor and materials, processing of shop drawings and samples and delivery of products requiring long lead-time procurement. B. Schedule: Within twenty (20) working days of issuance of the 100% Design Documents, Gateway shall prepare and submit a construction schedule for the work which shall provide for the expeditious practicable execution of the work. The schedule shall be consistent with the previously issued schedules, not exceed time limits current under this Agreement and shall be related to the entire project to the extent required by this Agreement. The schedule for the performance of the work shall be a Critical Path Method system. C. Project Construction Budget: Review the project budget and advise the Eagle County Project Manager if it appears that the Project Construction Budget will not be met and make recommendations for corrective action. Gateway shall develop and monitor an effective system of Project cost control; incorporated approved changes as they occur; develop cash flow reports and forecasts as required; identify any variance between actual and budgeted costs within project budgets; advise Architect and Eagle County Project Manager whenever projected costs are expected to vary from the projected budget and/or the Guaranteed Maximum Price, and continually monitor the cost estimates to assure that the Work remains within the applicable budget of the Guaranteed Maximum Price. D. Coordination of Contract Documents: Review the drawings and specifications recommending alternative solutions whenever design details affect construction feasibility of schedules. E. Plan Review: Review plans and specifications with the Architect and the Eagle County Project Manager so as to eliminate areas of conflict and for coordination, accuracy and completeness of the plans and specifications at the issue of the construction documents. 4 F. Labor: Analyze the types, quantity and availability of appropriate categories of labor required for various phases of the Project. G. Project Control: Monitor the Work of the subcontractors and coordinate the Work with the activities and responsibilities of the Eagle County Project Manager and the Architect to complete the Project in accordance with the construction documents and Eagle County's objectives of cost, time and quality. H. Organization: Establish on-site organization and lines of authority in order to carry out the overall plans of the Construction Documents. I. Communication: Establish procedures for coordination among the Eagle County Project Manager, the Architect, subcontractors and Contractor with respect to all aspects of the Project and implement such procedures. J. Monitoring: Provide regular monitoring of the schedule as construction progresses. Identify potential variances with the scheduled completion dates. Review schedule for Work not started or incomplete and recommend to the Eagle County Project Manager and the Architect adjustments in the schedule to meet the completion date. Provide summary reports of each monitoring and document all changes in schedule. Determine the adequacy of the subcontractors' personnel and equipment and the availability of materials and supplies to meet the schedule. K. Cost Control: Develop and monitor an effective system of project cost control, showing actual costs for activities in progress and estimates for uncompleted tasks. Incorporate approved changes as they occur. L. Permits and Fees: Gateway shall apply for a building permit for the Facility. County will pay the direct cost for the building permit. Gateway shall secure all other permits, including grading, mechanical and electrical permits applicable to subcontractor work and any other special permits for permanent improvements not previously obtained by Eagle County. M. Staffing: Gateway shall keep on the Project at all times, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Eagle County Project Manager, to coordinate and provide general direction of the work and progress of the subcontractors on the Project. Gateway's Project Superintendent shall not be changed except with the consent of Eagle County's Project Manager, such consent to not be unreasonably withheld. Gateway's Project Superintendent shall represent Gateway and all direction given to him/her shall be as binding as if given to Gateway. N. Gateway shall provide full-time, qualified and efficient supervision of the Work, using their best skill and attention. Gateway shall carefully study and compare all drawings, specifications and other instructions and shall report to the Eagle County Project Manager, and immediately correct any error, inconsistency or omission which it may discover. Gateway shall inspect the Work of the subcontractors at all stages and at final completion and shall guard Eagle County against defects and deficiencies in such Work. Gateway shall be responsible to Eagle County for the acts and omissions of all its employees and agents and all other persons performing any of the Work under a contract with the ECG, for which Gateway has supervisory or inspection responsibility hereunder. O. Safety: Gateway shall be responsible for the safety of persons and property and for compliance with all federal, state and local statutes roles, regulations and orders applicable to the conduct of the Work. P. Shop Drawings and Samples: In collaboration with the Architect, establish and implement procedures for expediting the processing and approval of shop drawings and samples. Q. Reports and Project Site Documents: Record the daily progress of the Project in a daily log available to the ECG and the Eagle County Project Manager. Submit on a monthly basis written progress reports and summaries of meetings to the Eagle County Project and Manager, including information on the subcontractors' work, the actual cost vs. budgeted cost, actual construction point vs. projected schedule point, reasons for any discrepancies, the percentage of completion and the corrective actions to obtain compliance with time and cost schedules. R. Record Maintenance: Maintain at the Project site, on a current basis, records of all necessary contracts, shop drawings, samples, purchases, materials, equipment, maintenance and operating manuals and instructions and any other documents and revisions thereto which arise out of this Agreement or the Work. S. Project Completion: Determine Project Completion of designated portions of the Work and prepare for the Eagle County Project Manager a list of incomplete or unsatisfactory items and a schedule for their completion. 2. Time of Performance: 2.1 Gateway shall begin the Preconstruction Services upon an executed contract by the County. The project review will commence with design and budget review on August 22, 2007 and will complete design and budget review on or before October 1, 2007. 2.2 Gateway agrees that construction services shall commence upon County's issuance of a Notice to Proceed with Construction Services and all construction services shall be substantially complete by in accordance with the schedule approved by the Project Manager, which shall be no later than 300 calendar days from issuance of the Notice to Proceed with Construction Services. 3. Liquidated Damages 3.1 Eagle County and Gateway recognize that time is of the essence of this agreement and that County expects the Facility to -be substantially complete in accordance with the approved 4 __ schedule. They also recognize the delays, expense, and difficulties involved in proving a legal or arbitration preceding the actual loss suffered by Eagle County if the Facility is not substantially complete in accordance with the approved schedule. Accordingly, instead of requiring such proof, Eagle County and Gateway agree that as liquidated damages (but not as a penalty) for delay beyond the completion date indicated in the schedule approved by County, Gateway shall pay County two hundred dollars ($200.00) for each day that expires after that date until the Facility is complete. 3.2 If Gateway believes that a contract extension should be granted due to delays caused by excusable, inclement weather, it may request a contract extension in writing from the Eagle County Project Manager. Eagle County shall thereon grant an extension equal, in Eagle County's reasonable opinion, in duration to the delay, if any, that was caused by the excusable, inclement weather. Excusable, inclement weather is snowfall, rainfall, freezing temperatures or excessive wind conditions, the degree or duration of which varies in excess of the average conditions expected, which is unusual for the particular time and place where the work is to be performed, or which could not have been reasonably anticipated by Gateway. 3.3 The completion dates as set forth in paragraphs 2.1 and 2.2 above include a reasonable time for the reviews and approvals required by this agreement. Should Gateway be unreasonably delayed by the failure of any person or entity to provide review or approval within such reasonable time, Contractor shall be entitled to an appropriate extension of time after a written request for such extension has been submitted to and approved by the Eagle County Project Manager in writing. No time extension will be granted unless a determination is made by Eagle County, in their sole discretion that good cause exists for such extension. 3.4 All time extensions shall be made pursuant to paragraph 7 of the General Conditions. 4. Compensation and Payment: 4.1 County has established a cost not to be exceeded for the entire Scope of Work, including preconstruction and construction services ("Guaranteed Maximum Price") based on consultation with the Architect and Gateway, which shall include contingencies. The funds appropriated for this Project are equal to or in excess of the Guaranteed Maximum Price amount. 4.2 County shall pay Gateway an amount not to exceed Dollars ($25,000.00) for Preconstruction Services described in Section 2.1. 4.3 Additional Services if requested by the County and approved in writing in advance of performance that are determined by the County and Gateway not to be similar in nature as described in section 1.11 shall be paid to Gateway based on the Gateway Construction Corp Rate Schedule for Increase in Scope as provided in Exhibit `B," attached hereto and incorporated herein by this reference. 4.4 The compensation for the Preconstruction Work hereunder will be reimbursed to the County in the event the project does proceed with construction with Gateway as the Construction Manager/General Contractor. In such event, the compensation for preconstruction services shall 7 be considered a part of Gateway's fee for the Project and the amount of compensation paid under this Agreement shall be reimbursed to County in the form of an offset to future Contractor fees that may become due and owing Gateway. Notwithstanding the foregoing, neither party represents that the Project will be constructed or that Gateway will be the Construction Manager/General Contractor in the event of Construction. Any construction phase services beyond the Scope of Work herein will be through separate written agreement of the parties. It is agreed that in the event Gateway is selected for Construction Services the Contractor's fee will be established at 9.5% of the total cost, inclusive of the preconstruction services costs and exclusive of Contingency. 4.4.1 Contractor's fee shall include all overhead and profit. Overhead shall include Contractor's off site costs, including, but not limited to, those for scheduling, estimating and support of the project. This amount is to include the Cost for key personnel and other off site office staff. Profit means before tax profit. On-site costs of construction will be considered a part of the costs of the work and these costs are not to be included in the fee. Costs to be included in the Contractor's Fee shall include: A. Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principal office or offices other than the site office. B. Expenses of the General Contractor's principal office and offices other than the site office; C. Overhead and general expenses; D. The General Contractor's capital expenses; E. Capital employed for the Work; F. General Contractor profit. 4.4.2 Adjustments in Fee shall be made as follows: A. If, after the initial Guaranteed Maximum Price (GMP) is accepted by County and Eagle County's Project Manager directs additions to or other changes that increase the scope of Work, the Contractor's fee shall be nine and % percent (9.5%) excluding bonds and insurance for the additional work. 4.5 Abandonment or significant reduction in the scope or magnitude of the Project will not result in a negotiated reduction of the fee. The Contractor's fee will be based on the GMP and will not be subject to reduction if the Guaranteed Maximum Price can be reduced through the efforts of Contractor via procurement efforts or other cost saving construction methods. 4.6 The GMP shall include all of the Contractor's obligations to be performed pursuant to the terms of the Contract Documents and include, but not be limited to, all fees as set forth in Section 4.6 and the actual fees and costs as outlined below: A. Preconstruction Services B. Construction Services and Contractor fees which shall include: a. All items as Identified as "Preconstruction Services, Construction Services, General Conditions, and Direct Cost of Work" in Exhibit "A" Fee Structure, attached hereto and incorporated herein by this reference. b. Actual wages paid for labor in the direct employ of the Contractor in the performance of the Work under applicable collective bargaining agreements, or under a salary or wage agreed upon by Eagle County's Project Manager and Contractor and including such with the ECG are/or other benefits, if any, as may be payable with respect thereto. If these wages are under applicable collective bargaining agreements the termination date of such agreements must be included. c. Actual salaries of Contractor's employees when stationed at the field office, in whatever capacity employed. d. Actual cost of pension contributions, hospitalization, vacations, medical insurance, assessments or taxes for such items as unemployment compensation and social security, insofar as such cost is based on wages, salaries or other remuneration paid to employees of the Contractor and included in the cost of the Work. e. The proportion of reasonable transportation, traveling and hotel expenses of the Contractor or of its officers or employees incurred in discharge of duties connected with the Work, if approved in advance by the Eagle County Project Manager. f. Actual cost of all materials, supplies and equipment incorporated in the Work, including costs of transportation thereof. Also includes any material in excess of those actually installed but required to provide reasonable allowance for waste and spoilage. g. Actual payment made by the Contractor to subcontractors for work performed pursuant to contract under this Agreement. h. Actual cost, including transportation and maintenance, of all materials, supplies, equipment, temporary facilities and hand tools not owned by the workmen, which are employed or consumed in performance of the Work and costs less salvage value on such items used but not consumed which remain property of the Contractor. i. Actual rental charge of all necessary machinery and equipment, exclusive of hand tools, used at the site of the Work, whether rented from the Contractor or other, including installation, repairs and replacement, dismantling, removal, costs of lubrication, transportation and delivery costs thereof, at rental charges consistent with those prevailing in the area. j. Cost of the premiums for all bonds and insurance which are required by the Contract Documents. k. Permit fees, licenses, tests and royalties as set forth in Exhibit "A". 1. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressive and similar petty cash items in connection with the Work. in. Cost of removal of all debris. n. Cost incurred due to an emergency affecting the safety of person and property, to the extent not compensated by insurance or otherwise. o. Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Eagle County Project Manager. p. All costs directly incurred in the performance of the Work and not included in the Contractor's Fee. q. Cost of construction support activities such as Work items included in the condition of the contract and in the specifications unless they are provided by contractors. r. Indirect costs (General Conditions). s. Contractor's fee, as set forth in Exhibit `B." t. Two (2) sets of as -built drawings. u. Three (3) complete bound sets of required operations and maintenance manuals and instructions. 4.6.1 The GMP includes General Conditions/General Requirements. Gateway will submit for review and acceptance by County an itemized breakdown of the General Conditions/General Requirements costs for the Project. 4.6.2 Any project savings, below the Guaranteed Maximum Price, resulting from bidding of subcontractors and other costs of the work shall accrue to the County and Gateway equally. Shared project savings will not be applied to Allowances where all savings/overage will accrue solely to Owner. Shared project savings will not be applied to significant reduction in the scope of the Work directed by County to reduce overall project costs, all such savings to accrue solely to County. Notwithstanding the foregoing, the Contractor's Fee will not be subject to reduction if the Guaranteed Maximum Price can be reduced through the efforts of Contractor via procurement efforts or other cost saving construction methods, or where a significant reduction in the scope of Work is directed by the County to reduce overall project costs. 10 4.7 The funds appropriated for this project are equal to or in excess of the contract amount. Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to County nor shall any payment be made to Gateway in excess of the above amounts for any work done without the written approval of the County in accordance with a budget adopted by the Board of County Commissioners in accordance with the provisions of the Colorado Revised Statutes. 4.8 Not more often than once a month, Gateway shall submit to County an invoice for payment signed by a person authorized to sign legal documents on behalf of Gateway identifying the work completed as of the date of the invoice, and accompanied by such supporting documentation as County may reasonably require. For Preconstruction Services, County agrees to pay Gateway within thirty (30) days of receipt of a properly documented invoice. 4.8.1 Payment Proceedure for Construction Services Gateway shall submit applications for payment and back-up material (e.g. Subcontractor's invoices, vender statements and receipts) as shall be reasonably required in accordance with the General Conditions. Applications for Payment will be processed as provided in the General Conditions. 4.8.2 PROGRESS PAYMENTS: County shall make monthly progress payments on account of the Contract Price on the basis of Contractor's Applications for Construction Agreement Payments, as provided below. All progress payments will be on the basis of the progress of the Work. ECG shall have the right to request and inspect supporting documentation for progress payments, including but not limited to receipts and invoices evidencing payments of charges associated with the Work. Prior to Completion, progress payments will be in an amount equal to: 90% of the Work completed and materials and equipment not incorporated in the Work but delivered and suitably stored until fifty percent (50%) of the Work is performed, after which no additional retainage shall be withheld. Less in each case the aggregate of payments previously made. 4.8.3 FINAL PAYMENT: Upon final completion and acceptance in accordance with Paragraph 21 of the General Conditions, ECG shall pay the remainder of the Contract Price. The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and complied with C.R.S. §38-26- 107. Final payment shall be made in accordance with the requirements of the aforesaid statute. 4.9 County may withhold from any payments due to Gateway, 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 Gateway to carry out the Scope of Work in accordance with this Agreement. 4.10 Gateway shall maintain comprehensive, complete and accurate records and accounts of its performance relating to this Agreement for a period of three_(3) years following termination, 11 which period shall be extended at County's reasonable request. County shall have the right within such period to inspect such books, records and documents upon demand, with reasonable notice and at a reasonable time. 4. Independent Contractor: 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. Gateway shall be, and shall perform as, an independent contractor. No technician, agent, subcontractor, employee, or servant of Gateway shall be, or shall be deemed to be, the employee, agent or servant of County. Gateway shall be solely and entirely responsible for its acts and for the acts of its technicians, agents, employees, and servants during the performance of this agreement. Gateway shall not represent, act, purport to act or be deemed the agent, representative, employee or servant of County. 5. No Assignment or Subcontracting: The parties to this Agreement recognize that in entering into this Agreement, County is relying upon the resources, skill and reputation of Gateway. Therefore, Gateway may not assign its interest in the Agreement, including the assignment of any rights or delegation of any obligations provided therein or subcontract the performance of any part of the Preconstruction Work, without the prior written consent of County, which consent County may withhold at its sole discretion. Except as so provided, this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective successors and assigns, and shall not be deemed to be for the benefit of or enforceable by any third party. 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 Agreement. 6. Insurance• At all times during the term of this Agreement, Gateway shall maintain the following insurance: 6.1. Claims under Workmen's Compensations, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado. 6.2. General Liability Coverage in the minimum amount of $1,000,000. (Combined personal injury/property damage limit) for coverage of claims for damage arising from the performance of services under this Agreement, including but not limited to personal injury or death, property damage, and other damages imposed by law upon Gateway with respect to all work performed by them. 6.3. Comprehensive Automobile Insurance in the amounts as required by the laws of the State of Colorado. 6.4. Certificates of Insurance acceptable to the County, evidencing the above required amounts shall be filed with the County within ten (10) days from the execution of this Agreement. _ __ 7. Indemnification: Gateway shall indemnify County for, and hold and defend County and its officials, boards, officers, principals and employees, harmless from, all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any nature whatsoever made by any person in connection with the performance of this Agreement to the extent such cost, claim and expense is caused in whole or in part by the negligent or willful acts or omissions of Gateway. 8. Gateway Representations: 8.1. Gateway expressly recognizes that this Project has certain time and fiscal constraints and agrees to cooperate fully with the County and Architect in the design aspects of the Scope of Work to help meet the constraints. 8.2. Gateway further represents to the County that, by executing this Agreement, it has been informed of and has reviewed the goals of the Project; the design of the Architect performed to date for the Project; and the time schedule as well as fiscal constraints and contingencies of the Project. 8.3. Gateway shall perform the Scope of Work in a skillful, professional and competent manner and in accordance with the standards of care, skill, and diligence applicable to other contractors performing this type of work. 8.4. Gateway shall be responsible for the completeness and accuracy of the Scope of Work and shall correct, at its sole expense, all errors and omissions therein. The fact that County has accepted or approved the Scope of Work shall not relieve Gateway of any if its responsibilities under this Agreement. 8.5 Gateway acknowledges it is Gateway's responsibility to review all design and construction documents relating to constructability and potential conflicts. The purpose of this review is to minimize change orders due to conflicts in the Construction Documents to the greatest extent possible. 9. Contract Documents The Contract Documents which comprise the entire Agreement are made a part hereof and consist of the following: 9.1 This Agreement. 9.2 The General Conditions. 9.5 Exhibit "C": Request for Proposal and Qualifications Preconstruction and Construction Services for Eagle County Road and Bridge Facility, El Jebel, Colorado 9.3 Exhibit "A": Fee Structure 13 9.4 Exhibit `B": Design/Build Fee & Schedule Proposal Form dated July 20, 2007. There are currently no Contract Documents other than those listed above in this Article 9. If County accepts Gateway's proposed GMP, budget and schedule, the final plans and specifications, as submitted to the Eagle County Building Department for a building permit will become part of the Contract Documents. Thereafter, the Contract Documents may only be altered, amended, or repealed by an executed, written amendment to this Agreement. The intent of the Contract Documents is to include all items, components and services necessary for the proper execution and completion of all the Work. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. 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. 10. Notices: 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 Facilities Management Rick Ullom, Project Manager P.O. Box 850 Eagle, Colorado 81631 (970) 328-8780 (p) (970) 328-8899 (f) and a copy to: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 (970) 328-8699 (f) The Contractor: Gateway Construction Corp. Ronald R. Sales, President P.O. Box 2735 Grand Junction, Colorado 81502 (970) 254-0242 (p) (970) 254 0245 (f) 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 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. 11. Termination: 14 11.1. Notwithstanding Paragraph 10.2 hereunder, the performance of the Scope of Work may be terminated at any time in whole or in part, by County for its convenience. Any such termination shall be effected by delivery to Gateway of a written notice of termination specifying the date upon which termination becomes effective. Upon termination, Gateway shall deliver to County all drawings, illustrations, text, date, and other documents entirely or partially completed, together will all material supplied to Gateway by County. In such event, Gateway shall be compensated for all work completed up to the date of termination. Final payment will be due within thirty (30) days after Gateway has delivered the last of the documents or records due the County. 11.2. If either party defaults or neglects to carry out the Scope of Work in accordance with this Agreement and fails within a ten (10) day period after receipt of written notice from the other party to correct such default or neglect with diligence and promptness, the other party may, without prejudice to other remedies, terminate this agreement. If Gateway fails to correct such deficiencies after timely notification by County, County may in addition to or as an alternative to termination correct such deficiencies and deduct the cost of correction from payments due Gateway. County may recover the reasonable costs of correcting deficiencies in an amount not exceeding that specified in the Agreement. 11.3. Upon the termination of this Agreement, Gateway agrees to deliver to County such information and items which, if this Agreement had been completed, would have been required to be furnished to the County, including completed or partially completed plans, drawings, and information. 12. Miscellaneous: 12.1 The project is under the authority of the Eagle County Facilities Project Management Department, the Director of which, or his/her designee, shall be Eagle County's liaison with Contractor with respect to the performance of the Work. 12.2 Gateway shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement on the basis of race, color, religion, national origin, sex, ancestry, physical handicap, age, political affiliation or family responsibility. 12.3 The making, execution and delivery of this Agreement by the parties hereto has not been induced by any prior or contemporaneous representation, statement, warranty or agreement as to any matter other than those herein expressed. This Agreement embodies the entire understanding and agreement of the parties, and there are no further or other agreements or understandings, written or oral, in effect between them relating to the subject matter hereof. This Agreement may not be amended, including by any modification of, deletion from or addition to the Scope of the Work, except by a written document of equal formality executed by both parties hereto. 12.4 This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado, without reference to choice of law rules. The parties agree that venue --15-- -_ in any action to enforce or interpret this Agreement shall be in the District Court in the 5th District for the State of Colorado. 12.5 This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. 12.6 The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. 12.7 In the event of litigation between the parties hereto regarding the interpretation of this Agreement, of 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 event, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 12.8 Time is of the essence and the parties agree to notify the other if they become aware that any condition will significantly delay performance. 12.9 Neither party will be responsible for delays or lack of performance resulting from events beyond the reasonable control of that party. Such events include, but are not limited to, acts of God, weather conditions, fire, third party strikes, third party lock -outs, and other labor disruptions, material shortages, riots, and acts of war. 12.10 All tracings, plans, specifications, estimates, reports, date and miscellaneous items, including electronic data, purported to contribute to the completeness of the Project, the Facility or the Work shall be delivered to and become the property of the County, upon County's request. However, all estimating and project management information written, developed and implemented by Gateway shall be available for review by County, but shall not become public information or available for use by any entity other than Gateway. 12.11 Basic survey notes, sketches, computations and other date prepared hereunder shall be made available to the County, upon request and become property of the County. 13. Prohibitions on Public Contract for Services 13.1 Gateway shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or enter into a contract with a subcontractor that fails to certify to Gateway that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 13.2 Gateway shall verify or attempt to verify through participation in the Basic Pilot Verification program, as administered by the United States Department of Homeland Security, that Gateway does not employ any illegal aliens. If Gateway is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, Gateway shall apply to participate in the Program every three months until Gateway is accepted or the public contract 16 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. 13.3 Gateway shall not use the Basic Pilot Verification Program procedures to undertake pre- employment screening of job applicants while the public contract for services is being performed. 13.4 If Gateway obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, Gateway shall be required to: a. Notify the Subcontractor and the County within three days that Gateway has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and b. Terminate the Subcontract with the Subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the Subcontractor does not stop employing or contracting with the illegal alien; except that Gateway 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. 13.5 Gateway 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. 13.6 If a Contractor violates the prohibitions set forth in this Article 13, the County may terminate the contract for a breach of the contract. If the contract is so terminated, Gateway shall be liable for actual and consequential damages to the County. Consequential damages are limited to those violations of this Article 13 and are inapplicable to any other violations of this Agreement. // REMAINDER OF PAGE INTENTIONALLY LEFT BLANK // 17 _ - IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS Clerk to the Board of C, LORwo° Sara 3, FifCeP County Commissioners Chairman P/o 7"eM U. STATE OF COLORADO ) ) ss: County of N%Psq ) On this d day of 4t4 , 2007, came before me, a notary public, known to me to be the president of Gateway Construction Corporation, 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 company. My commission expires: 216 Z.za /I . '. Pi MIK! & Notary Public HAAS My Commww—uo- WIS7011 GENERAL CONDITIONS 1. Contractor shall provide and pay for labor, materials, equipment, tools, licenses, transportation, and other facilities and services necessary for proper execution and completion of the Work. 2. If Contractor fails to obtain the tax exemption(s) applicable to public works projects from sales, consumer, use and similar taxes, Contractor shall pay the same. County (ECG) will cooperate with Contractor to obtain tax exemption for this project. 3. Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions which can affect the Work or the cost thereof. Any failure by Contractor to do so will not relieve him from responsibility for successfully performing the Work without additional expense to the 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. 7. No charge shall be made by Contractor for hindrances or delays from any cause whatever during the progress of any portion of the Work, unless such hindrance or delay is caused in whole or in part by acts or omissions within the control of County. In any event, County 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 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. 8. Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions. 9. Contractor warrants to County 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. 19 10. Contractor shall comply with and give notices required by all federal, state and local laws, statutes, ordinances, building codes, rules and regulations applicable to the Work. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, rules or regulations without notice to 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. 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 one year after the date of final payment, except as otherwise provided by law. All bonds shall be in forms satisfactory to County, and be executed by 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 County. 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. 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: A. 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 of his 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. 20 B. Insurance coverages shall be as follows: Claims under Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; Claims for damage because of bodily injury, sickness or disease, or death of any person other than his employees, and claims insured by usual personal injury liability coverage; and Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. Contractor's Liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor with respect to all Work performed by them under this Agreement. Contractor's Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the Contractor and each subcontractor with respect to all Work under this Agreement performed for the Contractor by subcontractors. Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor arising between the date of final cessation of the Work, and the date of final acceptance thereof out of that part of the Work performed by each. Comprehensive Automobile Insurance shall be carried in the amount of $500,000/$1,000,000 for bodily injury and $500,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. Comprehensive Risk Policy Option: In lieu of the several policies specified for Contractor's Liability Insurance, a comprehensive liability and property damage insurance policy inclusive of all the insurance and requirements herein set forth, subject to the approval of the 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: $1,000,000 Each Accident or Occurrence: $2,000,000 Property Damage Liability: Each Accident or Occurrence: $1,000,000 Aggregate: $2,000,000 Insurance shall be placed jointly in the names of the 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 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 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 County. Failure of the Contractor to comply with the foregoing insurance requirements shall in no way waive the County's rights hereunder. 15. The County, at his option, may purchase and maintain such liability insurance as will protect him against claims which may arise from operations under this contract. Purchasing and maintaining such insurance, however, will not relieve the Contractor from purchasing and maintaining the insurance hereinbefore specified. 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 General Liability and Property Damage Insurance of the types and in the amounts as may be applicable to his Work, which type and amounts shall be subject to the approval of the County, 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 County, and Ea le unty Board of Commissioners, employees and the agents of any of them, 22 from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. 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 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 days of recommendation of payment, pay Contractor the amount recommended. 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 23 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 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 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, the Architect issues its Final Certificate of Completion, the ECG 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, the Contractor shall: A. Deliver to the Eagle County Project Manager for review: 1. All guaranties and warranties; 2. A letter confirming that sales taxes from which the ECG is exempt have not been paid; 3. Three (3) complete bound sets of required operations and maintenance manuals and instructions; 4. Two (2) sets of as -built drawings; 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; 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; 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 ECG the proper operation and maintenance of all equipment. 21.3. Upon completion of the foregoing, the Contractor's Settlement shall be advertised in accordance with Colorado law. On the date of final settlement thus advertised, and after the Contractor has submitted a written notice that no claims have been filed, final payment and settlement shall be made in full. 21.4. Pursuant to C.R.S. §38-26-107, if any unpaid claim for labor, materials, rental machinery, tools, supplies, or equipment is filed before payment in full of all sums due the Contractor, ECG shall withhold from the Contractor sufficient funds to insure the payment of such claim, until the same shall have been paid or withdrawn, such payment or withdrawal to be evidenced by filing a receipt in full or an order for withdrawal signed by the claimant or its duly authorized agent or assignee. 21.5. The making of final payment, after the Date of the Notice of Contractor Settlement of the Project, shall constitute a waiver of all claims by the ECG except those arising from: A. Unsettled Claims; B. Faulty or defective work appearing after Completion of the Work; C. Failure of the Work to comply with the requirements of the Contract Documents; or D. Terms of any warranties or special warranties required by the Contract Documents. 21.6. The acceptance of final payment, after the Date of the Notice of Contractor Settlement of the Project, shall constitute a waiver of all claims by the Contractor except those previously made in writing and separately identified by the Contractor as unsettled in the final Project Application for Payment. 21.7. All provisions of the Contract Documents including without limitation those establishing obligations and procedures, shall remain in full force and effect notwithstanding the making or acceptance of final payment. 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 25 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 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. 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. 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 year after the date of completion, or such longer period of time as may be prescribed by law, prescribed by the terms of any applicable warranty given by a materials supplier or required by or a part of the Agreement, any Work is found to be defective, Contractor shall promptly, without cost to 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: 26 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; 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, the Contractor shall be entitled to payment for the work performed prior to the termination date. 29. The selection of bidders shall be in accordance with the laws of Colorado. In the event of the Contractor's non-compliance with the Colorado labor laws, this Contract may be canceled, terminated or suspended, in whole or in part, without any liability to the ECG. 30. Contractor acknowledges that the Work is a public work financed in whole or in part by funds of the state of Colorado and/or a ECG, and pursuant to section Title 8-17-101, C.R.S. (1973) Colorado labor shall be employed to perform the Work in the extent of not less than eighty percent (80%) of each type or class of labor in the several classifications of skilled and common labor employed in the Work. For purposes of this provision, "Colorado labor" means "any person who is a resident of the state of Colorado at the time of employment, without discrimination as to race, color, creed, sex, age, or religion except when sex or age is a bona fide occupational qualification. 31. The Contractor agrees to comply with the letter and spirit of the Colorado Anti- discrimination Act of 1957, as amended, and other applicable laws respecting discrimination and unfair employment practices. Pursuant thereto, the following provision shall be contained in all ECG contracts or subcontracts: during the performance of this Contract, the Contractor agrees as follows: A. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical disability, or age. The Contractor will take affirmative action to 27 insure that applicants are employed and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; lay-offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical disability, or age. 32. Colorado Statutes do not provide for any right of lien against public buildings. In lieu thereof, Title 38-26-107 ct seq. C.R.S., as amended, provides adequate relief for any claimant having furnished labor, materials, rental machinery, tools, equipment or services toward construction of the particular public work in that final payment may not be made to a Contractor until all such creditors have been put on notice by publication in the public press of such pending payment and given opportunity to stop payment to the Contractor in the amount of such claims. 28 f '. .1EKfEl3tT A" FEE STRUCTURE El Jebel Road & Bridge Facility EI Jebel, Colorado A 2 m 0 o w -e 0 n cD C .+ ° 0 N A EU O 0 n 0 w. 0 0 0 A A. PROJECT MANAGEMENT 1. Review Design Concepts x x x 2. Develop Bid Packages x x x 3. Site Use Recommendations x x x 4, Material Selection Recommendations x x x 5. Building Systems Recommendations x x 6. Building Equipment Recommendations Movable x x x 7. Building Equipment Recommendations Fixed x x x 8. Coordinate Owner -Supplied Fixed Equipment x x x x 9. Coordinate Owner -Supplied Movable Equipment x x 10. Construction Feasibility Recommendations x x 11. Construction Scheduling Recommendations x x x 12. Life Cycle Costing Analysis I x 13. Informal Value Engineering x x 14. Formal Value Engineering x x 15. iEnergy Use Analysis & Recommendations x x x 16. Labor Availability Review Subcontractors x x x 17. Material Availability Review x 18. Equip ment Availability Review x 19. Subcontractor Availability Review x x 20. Construction Logistical & Execution Plan x x B. PROJECT COST CONTROL 1. Total Project Cost Budget x I x x x 2. Construction Cost Budget x x 3. Schematic Design Cost Estimate x x 4. Guaranteed Maximum Price Cost Estimate x x x 5. GMP Proposal x 6. Bid Package Estimates x x 7. Construction Cash Flow Projections(Monthly) x 8. Material Surveys & Trade Contractor Estimates x 9. Set -Up Cost Accounting x 10. Set -Up Reporting Methods x 11. Set -Up Payment Procedure x x x 12. Set -Up Change Order Procedure x x 13. Prepare Change Order Cost Estimates x x 14,lVerify Correctness of Quantities & Prices of All COs x x x S. Contir:ued Pro ect Cost Monitoring x Page 1 of 8 "EXHIBIT A" FEE STRUCTURE EI Jebel Road & Bridge Facility El Jebel, Colorado A � A c �-'a h W ,'wr ° A A ° y v `'k°D Z � O � 0 G m °, a ,°� ~ C. PROJECT SCHEDULING 1. Preconstruction Activity Schedule Bar Chart x 2. Construction Activity Schedule CPM Set-Up) x x 3. Const Activity Schedule w/ Milestones CPM Updates x 4. Shop Drawing & Submittal Schedule / Procedure x x 5. Mock-Up Schedule & Procedure x 6. Short-Interval Schedules x T Occup ncy Schedules x x D. SUBCONTRACTOR SELECTION / PURCHASING 1. Set Prequalification Criteria x x x 2. Recommend Subcontractor Selection Methods x x 3. Recommend Subcontractor Award Methods x x 4. Develop Subcontractor Interest x x 5. Pre are Bidding Schedules x 6. Issue Plans, S ecificatiions & Addenda x x 7. Receive Bids x 8. Analyze Bids x x x 9. Recommend Award x x 10. Determine Local Manpower Availability x 11. Prepare Subcontracts & Supplier Contracts x 12. Prepare Change Orders x 13. Verify Correctness of Quantities & Prices of All CO's I x 14. Coordinate Owner-Supplied Fixed Equipment x E. CONTRACT DOCUMENT COORDINATION 1. Constructibility Review & Recommendations x x 2. Responsibility For Temporary Facilities x 3. Review For Jurisdictional Overlap x x 4. Review For Inclusion of All Work x x 5. Review For Adequately Phased Construction x x 6. Identify Long-Lead Items x 7. Identify Commodity Shortages rx x 8. Review For Installation of Owner Supplied Fixed Equip- '3Wding, x For Building Permits x x x '0. Obtain Permits x x Page 2 of 8 "EXHIBIT A" FEE STRUCTURE El Jebel Road & Bridge Facility EI Jebel, Colorado D ., s A Z7 . 3 0 CA 3 n 0 C N ° �; y 47 � ° y C7 OD � o 0 rt ° n F. GENERAL CONTRACTOR OFF-SITE STAFF & SERVICES 1. Corporate Executives x 2. Principal In Charge x 3. Project Executive x 4. Operations Manager x 5. Construction Manager x 6. Project Manager x 7. Project Engineer x 8. Mechanical & Electrical Coordinator x 9. Safety Manager 1 Field Audit x 10. EEO Officer x 11. Human Resources x 12. Secretarial x 13. Preconstruction Services x 14. Pra'ect Estimating x 15. Project Accounting x 16. Project Data Processing x 17. Project Schedulin x 18. Project Purchasing x 19. Basic Legal Services x 20. Home Office Operating Expenses x 21. Benefits for Above Personnel x 22. Vacations for Above Personnel x 23. iBonuses for Above Personnel If An x G. GENERAL CONTRACTOR ON-SITE STAFF & SERVICES 1 :Pr+et.Man.. s x 2; Pr Su . 'nteRdent s x 3. AOs+st * Su' " tendent s x 4.::,Med: Engineer(s) x x 6: Mechanical & Electrical Coordinators x 7. Mality Control Engineer As R uired x 8. Project Assistant I Clerk Y Typist As R uired x 9 . of ::lin 'neer As R ired x AccountiR x 1 #. Data Process' x 12. Field Engineering & Laiyout x 13; R isiered Serve As Required x 14. Set ori . Guard / Watchman Service x 15. GroundTransportation As Required x 16. Airline Transportation As Required) x 17. Meals & Lodging As R uired x 18. Personnel Moving & Relocation Expense x 19. Personnel Subsistance Costs x 20. Benefits for Above Personnel x Page :1 of 8 r� "EXHIBIT A" FEE STRUCTURE Jebel Road & Bridge Facility EI Jebel Colorado Jebel, D n Y Ci •* M c'c O N ; W m <D n 0 w C A m (OD D? a o 0 N A n o EI 2 o O (D o .« n O z n 21. Vacations for Above Personnel -- x 22. Bonuses for Above Personnel If Any)x H. QUALITY CONTROL ! WARRANTY 1. Impjement & Submit Construction Quality Control Plan x 2. Quality Control Responsibility x 3; Quality Control lits ion Res" .onsibilitjt x x x 4. Field Inspector x 5. Inspector's Office x 6. Ins tor's Transportation 7. Inspector's Equipment x B.Testing & Inspections x 9'; 8 1 Inspecogr Consultants 1t}: SOeipial Testing Consultants 11. Concrete Testing x 12. Masonry Testing x 13. Compaction Testing x 14. Welding Testingx 15. Soils Investigations / Geotechnicial Reports x 16. Environmental Testing x 17. Environmental Inspection x 18. Environmental Cleanu Coordination /'Govt Document x 19. Special Testing Services x 20. Project Progress Photographs x x x 21. Warranty Inspections Coordination x x x- 22. Air & Water Balancing x 23. Operator On -Site Training x x 24. Prepare Operation Manuals x x 25. Prepare Maintenance Manuals x x 26. Prepare Preventive Maintenance Manual x x 27. Drug Testing & Screening Field Personnel x 28. Warranty Inspections Coordination x x 29. WarrantyService Cost Reserves x x 30. Prepare Punch Lists x x x 31. Approve Punch Lists x 1. TEMPORARY FACILITIES 1. T(--m;)of-ary Field Office Facility x 7 Field Offir_e FF;rniture & Eouipment -iield x 3. Off -ice Copier(s) - x d. Field Office Fax Mach!ne(s` x 5. Field Office Computers & Software x 6. Field Office Supplies x 7. TM/GCs Storage Trailers! Sheds x 8. Field Ofhce Equipment Maintenance & Repairs x 9- Archit,,-t ' Engineer Temporary Office --- x 10 ProectSi(•!) - Y Page 4 of 8 "EXHIBIT A" FEE STRUCTURE EI Jebel Road & Bridge Facility EI Jebel, Colorado D A S r. -0 A n .. ; n 0W N A � a =► O w n c 0 p •• 3 0 ro z n 11. Directional/ Warning Signs x 12. Bulletin Boards x 13. Potable Drinking Water / Ice / Cups x 14. Temporary Toilets / Sanitary Sewer x 15. Temporary Construction Fencing x 16. Barricades x 17. Covered Walkways x 18. SafetyE ui ment x x 19. First Aid Station & Supplies x 20. Handrails t Toe Boards / Opening Protection x 21. Safety Nets x 22. Temporary Stairs x 23. Fire Extinguishers x 24. Flagman / Traffic Control x 25. Job Hauling Charges x J. TEMPORARY UTILITIES 1. Tem Tele hone Install Equipment & Monthly Fee x 2. Telephone Expense (Long Distance Charges) x 3. Telephone Expense Internet Charges) x 4. Cellular Phone Charges x- 5. Arch / Engr Telephone Charges Local Calls x x 6. Tempora Electrical Service / Distribution x 7. Temporary Electrical Wiring & Lighting x 8. Li htbulbs & Ternp Electrical Maintenance x 9. Electrical Power Consumption Expense x 10. Tem ra Water Service / Distribution x 11. Temporary Water Consumption Expense x x 12. Ternporary Gas Service / Distribution x 13. Temporary Gas Service Consumption Expense x 14. Temporary Heating Service Permanent System) x K. CLEAN-UP 1. Daily Clean -Up x 2. Final Clean -Up x 3. Final Glass Cleaning x 4. Debris Hauling/Removal x 5 Trash Chutes x Trash Dumpsters �J. 7. Dump Perrnits & Fees x 8. Dust Control x L. WEATHER PROTECTION / TEMPORARY HEATING 1. Remove Snow & Ice Site x 2. Remove Snow & Ice (Buildin s x 3. Temporary Enclosures (Buildings) x 4,jernporary Weather Protection for Sub Trades x Pnc,,F 5 of 8 "EXHIBIT A" FEE STRUCTURE El Jebel Road & Bridge Facility EI Jebel, Colorado D v 0 -, r7 v w z =ro o y c m 0m n 0 0 0 0 A O O N 0 2 0 w °. rn �- A N 5. TeTjLorary He ting for Sub Trades x 6. Temporary Field Office Heating Energy Cost x 7. Fuel Cost for Heating Permanent Heat System) x 8. Permanent Heat System Filter Replacement x 9. Maintenance Cost Permanent Heat System) x 10. Warrant Cost Permanent Heat System) x M. ON-SITE EQUIPMENT / HOISTING I. Au torn bile(s) & Fuel x 2. Pick-Up Trucks & Fuel x 3. Tires & Maintenance Cost for CM/GCEquipment x 4. Hoisting Equipment & Fuel x 5. Mobile Crane(s) x 6. Material/Personnel Hoists x 7. Crane & Hoist Operator(s) x 8. Temporary Elevator Cab Protection x 9. Temporary Elevator Maintenance Charges x " 10. 2-Way Radio Equipment x N. SMALL TOOLS & EXPENDABLE SUPPLIES 1. Small Tools CM/GC's On! x 2. Expendable Supplies CM/GC's Only) x O. LEED CERTIFICATION 1, MR2.1 Const Waste Management, Salvage or Recycle 50% x 2. MR2.2 Const Waste Management, Salvage Additional 25% x 3. MR5.1 Local/Regional Materials, 20% ManufacturedLocall x 4. MR5.2 Local/Regional Materials, 10% Harvested Locally x 5. IAQ3.1 Construction IAQ Management Plan, Const x 6. IAQ4.1 Low-Emitting Materials, Adhesives & Sealants x 7. JAQ4.2 Low-Emitting Materials, Paints x 8. IAQ4.3 Low-Emitting Materials, Carpet x 9. IAQ4.4 Low-Emitting Materials, Composite Wood x P. DOCUMENT REPRODUCTION / PRINTING 1. lCost Study Drawings & Specifications x 2. Bid Package Drawings,& Specifications x 3. Construction Drawin s & Specifications (5 Sets) x 4. Subcontractor / Supplier Prequaiifcation Forrns x x 5. Bidding instructions x x 6. Postage & Express Delivery Costs x x 7. Subcontract & Supplier Contract Agreement Forms x x 8. Shop Drawing Reproduction I x 9. PrintinQ & Duplication Expense Miscellaneous x x 10. As-Built Documents (Mark-ups & Recordin) x 11 As-Built Documents (Computer Aided Drafting) x 12. As-Built DOCLIments (Prin6ngj x x Page 6 of 8 Page 7 of 8 "EXHIBIT A" FEE STRUCTURE EI Jebel Road & Bridge Facility El Jebel, Colorado D M 'V on y M A 0 o a c A A coo w w a n 0 C' �. 0 � z 0 C 0 n 13. Maintenance Manuals From Subs x 14. Operation, Manuals From Subs x 15. Estimating Forms x x 16. Schedule Report Forms x x 17. Accounting Forms x x 18. Field Reporting Forms x 19. Cost Reporting Forms x 20. Special Forms x x Q. INSURANCE & BONDS 1. Builder's Risk Insurance x 2. Builder's Risk Deductable x 3. Special Insurance - Earthquake x 4. Special Insurance - Fire x 5. S ecial Insurance - Flood x 6. Special Insurance - Machinery & Equipment x x 7. General Liability Insurance x x 8. Umbrella Liability Insurance x x 9. Excess Liability Insurance x 10. Completed Products Insurance x 11. Professional Liability Insurance x 12. Workman's Compensation Insurance CM/GC's Only) x 13. FICA / Medicare Insurance CM/GC's Only) x 14. Federal Unemployment Insurance CM/GC's Ont x 15. State Unemployment Insurance CM/GC's Only) x 16. Performance Bond x 17. Payment Bond x 18. Subcontractor & Supplier Bonds x R. PERMITS & FEES 1. Foundation Permit x 2. Superstructure Permit x 3. Buildin Permit General x 4. Mechanical Building Permit x 5. Electrical Building Permit x 6. Plan Check Fees x 7. Street Use Permit x x 8 lCurb & Gutter Permit x x 9. Side -walk Permit x x 1U_ Landscape Permit x x i 11. Street ; Curb Design Charge x x 12. Si n Permits x x 13. Site Drainage Stud x 14. Site Drainage Permit x 15. Unlit Development Fees x _ 16. Plant investment Fees J x 17. Electrical Primary Construction Fee x Page 7 of 8 "EXHIBIT A" FEE STRUCTURE EI Jebel Road & Bridge Facility EI Jebel, Colorado D � -o m ; �+ A ID 0 3 � o � n o LX y � n O m 0 o n O n 18. Water Service Construction Fee x 19. Gas Service Construction Fee x 20. Water Ta (inspection) Fee x 21. Sanitary Ta (Inspection) Fee x 22. Storm Ta (Inspection) Fee x 23. Special Tap Fees x 24. Contractor's Licenses x x 25. Zoning Fees x 26. Construction Equipment Licenses x 27. Construction Equipment Permits x S. OTHER COSTS 1. Sales & Use Taxes As Required) x 2. Construction Labor Costs x 3. Construction Material Costs x 4. Construction Equipment Costs x 5. Cost of Design & Engineering x 6. A/E Cost for Bid Packages x 7. Preliminary Soils Investigation x 8. Title / Development Cost x 9. Land Costs x 10. Financing / interest Cost x 11. Interim Financing Costs x 12. Building Operation After Move -In x 13. Building Maintenance After Move -In x 14. FF&E Coordination Services x 15. Owner Moving Transition Manual x 16. Owner Moving Costs x 17. GMP Financial Responsibilities x 18. Preconstruction Services x x 19. Construction Management Services x 20. Guaranteed Maximum Price Proposal x x 21. Weelky Project Team & Subcontractor Meetin s x 22. Weelky Project Meeting Minutes & Distribution x 23_ CM/GC Overhead Cost x x 24. CM/GC Profit & Margin x x Pare 8 cif 8 "Exhibit a" DESIGN/BUILD FEE & SCHEDULE PROPOSAL FORM (l n39e) Eagle County Road & Bridge Shop El Jebel, Colorado July 20th, 2007 RESPONDENT (FIRM NAME) Gateway Construction Corporation Qe§gription Proposal 1) Pre -Construction Services Maximum Fees ( 01101 at Rates with (AIP) $ 25.txx).cx) --- 0/0 2) General Conditions Fee (Time Sensitive) $ 157.291.00 --- 0/0 3) Construction Services Fixed Fee (Less Pre-(onst Services in )+1 ahove) $ 9.5 0/0 4) Construction Change Order Mark-Up �~ 25 o to 5) Change Order Mark-Up -Free Zone" _ N,'rl 6) CM/GCs Contingency Rate V 5.0 0/0 7) Umbrella & General Liability Insurance Rate !;18.52-1(the+us. Gen. Liability on GCC items olo g 1.414 l thous. Umbrella on every thine & , (i 067 1 tet 1 IS. G Y. Liabilitv o 'stibs 8) Builder's Risk Insurance Rate 0/0 9) Performance & Payment Bond Rate This is basad on the $2.000.004) GIP amourit 1.175 �/O 10) Self -Performed Work Administrative No additional over d) ahove a/o Mark-up I tie respondent-azno -and' fl -agrees that the above stated fees, mark-ups and schedule ( ss may be equentlyied=lay negotiation) shall become conditions of the Contract Adreement.. / i .-1' Signature _^mss '-�' — Date: Iujv?U ?007 Title •sideu * Noics: The 1* cxpressediihovc are based upon The Prgject's (iCVIP amount of S2.0(10.(H)0. Deni 1) Re: Sce allachcd hourly rates and reimbursable costs. Principal's rate %could adjust to F-stim:dor when estimating.. Project Klanagcr when applicahle, etc. Principal's rates apply to legal or contract issue;. Certain a sumplions were made in determination of Oie tees stated above- Percentages are hascd on Uic. I thru 16 casts and a proicet (All, of $'.000.000 with exception of the hand premium which is based solcl} on the (_1111 anwunt. Uivkion I General ('onditions is hascd on time and requirements and construed costs when determining etc ..il for Irl l'll] S11 U 1 ]MIIRM.Icaylon.t part of the labor costs, not overhead or tees. ,1lso reference (ntci%av letter dated .lulu 26. 2(H)7 iorfarthcr-curb ations of Ice schedule, Eider B Abd 4 GATEWAY CONSTRUCTION CORP RATE SCHEDULE FOR INCREASE IN SCOPE: PRINCIPAL / OWNER: @ $ 85.00 PER MANHOUR PROJECT MANAGER: @ $ 65.00 PER MANHOUR ESTIMATOR: @ $ 55.00 PER MANHOUR PROJECT DIRECTOR: @ $ 45.00 PER MANHOUR DRAFTSPERSON: @ $ 43.00 PER MANHOUR ACCOUNTING / BOOKKEEPING: @ $ 41.00 PER MANHOUR SECRETARIAL: @ $ 30.00 PER MANHOUR The above rates do not include travel expenses, lodging, and/or other expenses such as: Bid Advertisements, telephone, blueprinting, reproduction costs, postage and handling, shipping and freight, overtime, office supplies, photocopying, and expenses other than the hourly labor rates mentioned above. Mileage for vehicles will be charged at $ .45 per mile, to include fuel or $4.60 per hour, whichever is the greater, and other vehicle expense. These additional expenses will be charged at cost plus 9.5%. Note: The Principal / Owner rates would apply to legal and/or contractual issues and negotiations. If he is performing estimating it would be at the Estimator rates and project management would be at the Project Manager rate. July 26, 2007 Mr. Rick Ullom, Manager Project Management Department Eagle County, CO P.O. Box 850 590 Broadway Eagle, CO 81631-0850 Re: Eagle County Road & Bridge Facility — EI Jebel, CO Subject: Fee Schedule Response Dear Mr. Ullom: On behalf of Gateway Construction Corp (Gateway), I would reiterate that we are pleased to have this opportunity to enter negotiations for the CM/GC services on the referenced project. I am hereby submitting the information requested within your Letter dated July 20, 2007 inclusive of the Fee Schedule Exhibit `B", and offer some additional explanation to its content. We have anticipated our fee schedule values based on a project GMP figure of $2,000,000. Gateway would hereby propose that our preconstruction services fee of $25,000 be based on a not to exceed price of $25,000 with costs tracked per our rate schedule and billed accordingly. The costs tracking accounting would be provided to finalize the final fee figure whether at or below the not to exceed price. Should Gateway be awarded the Construction Phase Services the amount of the preconstruction service fees up to $25,000 would be deducted from the construction services fees. Gateway would anticipate performing trade labor for site and building layout, cleanup, final clean, winter protection, inventory control, grouting, rough carpentry, finish carpentry, foundation coatings, damp proofing, foundation insulation, some fireproofing, sealants, roof accessories, doors, windows, hardware, metal stud framing, toilet accessories and specialties, and possibly cabinets and casework. However, we would anticipate presenting our numbers along side the subcontractor trade numbers in the final bid day analysis. We are not locked into providing trade labor yet we want to make sure everything received is competitive. Our labor rates would include labor burdens to cover, health insurance, vacation time, sick days, workmen's compensation insurance, training, and etc. No overhead or profit are included in our rates nor would it be added as a separate additional item prior to our agreed upon markups. The relatively small dollar item for small tools and supplies included in the project cost/general conditions is merely based on our labor and assists us in repair and replacement, wear and tear on our tools, future replacement due to wear and tear. It is difficult to place a real value on it and therefore expressed as a percentage of our labor. Equipment rental and vehicle expense is broken down to monthly cost in our general conditions. Rick Ullom, Eagle County, CO Fee Structure Response July 26, 2007 Page 2 Gateway's anticipated General Conditions are considerably based upon costs in relation to time and difficult to express accurately as a percentage of anything else. I am submitting a summary of division one General Conditions and a summary cover sheet to indicate our anticipated General Conditions and the fee structure thereafter. This additional information might help clarify the procedures we used to establish the rates for markups, general liability insurance, umbrella coverage, builder's all risk insurance, performance and payment bonds, the contingency requested, and of course the deduction of the preconstruction service fees. For Owner directed changes to the scope of the work our markup would be applied to the cost at the rate of 10%. The markup would be applied at the bottom of the total cost of the change and would apply to insurance premiums, bond premiums, general conditions if any, etc. For self performed work within the change order no added markups are applicable. Gateway considers labor burdens previously mentioned earlier as a cost and not a markup. Markup is to cover Main Office Expense /Overhead and Profit. In review of the Exhibit "A", I find some variables contingent upon start time, overall cost of the construction, overall duration of the project, and the final systems to be used in the project. Some of these items can not be determined at this time and therefore not included in any percentages. For instance: Winter Protection, Temporary Heating, Snow Removal, Ice Removal, Temporary utilities distribution requirements and sources, utility tap fee inspections, soils testing, concrete testing, and special inspection fees. Should we need to include something for these variables at this time, our fees percentages will need adjusted to cover some sort of allowances. We have not included any job cost certification by an outside accounting firm. However, we have included monthly job cost reviews with a full invoice by invoice accounting of costs broken down on a division and section and subsection basis similar to the CSI format. Further, tracking for each of these is broken down via cost codes to material, labor, equipment, subcontracts, and other services on an actual cost basis with copies of all sub and supplier invoices. It is very detailed information but we already do that to track our job cost and could share this information monthly and of course for final payment purposes. In our prior experiences with cost plus fee with a gmp form of contract, the detailed job cost tracking even tracks the General Conditions/Division One General Requirements on a subsection basis similar to the CSI format. In the past, the General Conditions were therefore tracked as costs direct to the project and therefore not expressed as a percentage of the project costs. Hopefully the information contained herein is sufficient enough to start the process. Should you have questions and/or need further clarification of this submittal, please contact me at (970) 254-0242 office or (970) 270-3260 cell. Further, I would be happy to come to your office asap to discuss and review any of the information discussed herein. I look for forward to your response and confirmation of receipt of this communication. Sincerely, GATEWAY CONSTRUCTION CORP Ronald R. Sales, President Proposal and Statement of Qualifications Eagle County, Colorado REQUEST FOR PROPOSAL AND QUALIFICATIONS PRECONSTRUCTION and CONSTRUCTION SERVICES FOR EAGLE COUNTY ROAD & BRIDGE FACILITY EL JEBEL, COLORADO Eagle, Colorado, June 2007 Eagle County is soliciting Proposals and Statement of Qualifications from Construction Manager/General Contractors for Preconstruction and Construction Services new Road & Bridge Facility in El Jebel, Colorado. Preconstruction Services to be provided include 50% and 100% design, cost and schedule review and input to include any possible Value Engineering and assessment of potential constructability issues. Selection will be based on an evaluation of factors including, but not limited to: recent experience in public facility projects, local knowledge of the region, ability to present to a public forum, reputation, background capacity to meet schedules and budgets, quality of previous public building projects undertaken, familiarity with Eagle County and degree of interest shown. Interested firms should contact the following for additional information. Sealed proposals and statements of qualifications will be received at the Facilities Management Office, 590 Broadway, P.O. Box 850, Eagle Colorado, 81631, until 3:30 p.m., local time, July 6th, 2007. Any Proposal and Statement of Qualifications received after this time will considered non responsive and returned unopened. Proposal and Statement of Qualifications will be evaluated only from those firms that meet the minimum criteria as set forth in the complete Request for Proposal and Statement of Qualifications document. The Request for Proposal and Statements of Qualifications document may be obtained at the Facilities Management Office, 590 Broadway, Eagle, Colorado 81631, during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday by calling personnel at 970/328-8880, by facsimile request to 970/328-8899, or by return e-mail only. The complete document is also available at www. cat, lecounly.us. The Request for Proposal and Statement of Qualifications notice is being published in the Glenwood Post Independent, the Eagle Valley Enterprise, and the Daily Journal. Page 1 Proposal and Statement of Qualifications Eagle County, Colorado REQUEST FOR PROPOSAL AND QUALIFICATIONS PRECONSTRUCTION and CONSTRUCTION SERVICES FOR EAGLE COUNTY ROAD & BRIDGE FACILITY EL JEBEL, COLORADO Eagle, Colorado, June, 2007 I. _PROJECT DESCRIPTION Eagle County is accepting Proposals and Statement of Qualifications to provide Preconstruction and Construction Services for the Eagle County Road & Bridge Facility Project in El Jebel, Colorado. The purpose of this project is to build a 72ft. x 1381 ft. Road & Bridge Equipment Storage Facility and associated site work for servicing the needs of Eagle County in the Roaring Fork Valley. II. OBJECTIVE OF THE REQUEST The objective of the request is to select a highly -qualified Construction Manager/General Contracting firm to provide design, budget and schedule review/comment in order to validate the design approach and the budget and schedule assumptions. Eagle County desires to hire the CM/GC during the final design phase of the project in order to benefit from the firm's estimating and building experience and expertise. The firm selected will be required to work closely with Eagle County and Sopris Architecture in reviewing and validating the plans, cost estimates, and schedules developed by Sopris Architecture and Eagle County. Preconstruction Services will include review, assessment, and comment on design, budget and schedule progress including the 50% and 100% design developments, along with the CM/GC's input addressing any possible Value Engineering and assessment of potential constructability or schedule issues. The Request for Proposal and Statement of Qualifications documentation submitted and possible consultant team interviews shall serve as the basis for selection. Eagle County's objective is to forge a productive and effective relationship between the County, Sopris Architecture, and the selected Preconstruction Services CM/GC. Although familiarity with the project will be a criterion of importance when selecting a CM/GC for the Construction Services, Eagle County does not represent that the Project will be constructed or that the CM/GC selected for the Preconstruction Services will be the CM/GC in the event of construction. It is anticipated that all or a portion of the compensation for the Preconstruction Services will be reimbursed to the County in the form of an offset to the Contractor's Fee in the event the Project does proceed to construction with the same CM/GC. In such an event, the compensation for Preconstruction Services should be considered a part of the Contractor's fee for the Project construction. Accordingly, the County is seeking cost estimates for both 1) Preconstruction Services if the CM/GC is not selected to also perform Construction Services and 2) Preconstruction Services if the CM/GC is later selected to also perform Construction Services. General information is provided to prospective firms concerning the Proposal and Statement of Qualifications and the award of the agreement for Preconstruction Services for the Eagle County Road & Bridge Facility. The Request for Proposal and Statement of Qualifications document is not Page 2 Proposal and Statement of Qualifications intended to completely define the selection or contractual relationship to be entered into by Eagle County and the successful firm. The anticipated Scope of Work is set forth below. Any enhancement or development anticipated by proposing firms to the Scope of Work should be detailed in the Proposal and Statement of Qualifications for review and consideration by Eagle County. The final Scope of Work will be collaboratively developed and agreed upon by the selected firm and Eagle County during fee negotiations. Anticipated Scope of Work • Consult, advise, and make recommendation to the County and Sopris Architecture on all aspects of planning for the project • Attend Biweekly design development progress meetings • Provide cost analysis comparisons of various material or design options as requested. Provide value engineering services through technical review and analysis of alternative design. Evaluate alternatives on the basis of cost, schedule, labor and materials availability, construction feasibility, warranties, projected life expectancy, and others as appropriate. • Validate or redefine costs as provided by the design cost estimates at 50% and 100%. • Review design details for accuracy and comprehensiveness. • Provide schedule review and sequencing insight. Assist in the development of the Construction Schedule I11. SELECTION CRITERIA Respondents should address each of the evaluation criteria listed below and provide specific examples of projects they have undertaken that demonstrate their qualifications: These criteria are not listed in any order of evaluation priority and are a non -exhaustive list. The County may seek additional information or perform further investigations as it deems necessary. A. General Approach to the Project: Provide a narrative or other form to explain the firm's intended approach to the overall project. B. Experience: Each firm will be evaluated based on its overall experience providing Preconstruction and Construction Services for public building projects, experience with construction practices and procedures in mountain environments and experience with local government projects and regulations. Evaluation of experience will include the following: 1. Resumes of the proposed members of the project management team who will be committed to the project, both for Preconstruction services and for Construction Services. Resumes must include a description of the person's qualifications with past experience on similar projects; and 2. The firm's experience in the preconstruction and construction process of public building facilities. Provide specific examples of similar or larger projects and all applicable contact information, including owner, contractor and other parties. C. Schedule and Budget Constraints: Provide detailed recent history of project cost estimates, change order history and schedules similar in scope. Identify your ability to undertake and Page 3 Proposal and Statement of Qualifications complete the project in a timely manner. The project review will commence with 50% design and budget review approximately 8/1/07 and 100% review approximately 9/1/07. The goal is to commence construction approximately 10/01/07 with construction completion by Spring of 2008 or sooner. D. Practices and Procedures: Describe the firm's construction project management approach; quality control and assurance procedures; safety record and program; and any other pertinent factors as deemed appropriate for a project of this scope. E. Familiarity with Eagle County: Provide a narrative describing familiarity with the Eagle County Regional Airport, government offices and familiarity with airport construction procedures, local construction conditions, codes and practices. F. Legal Issues: Are any lawsuits; Federal, State or Local tax liens; or any potential claims or liabilities pending against you, your team members or the officers of the team firms at this time? If yes, please explain. Please disclose any and all claims in the past 5 years. G. Costs: Provide the CM/GC cost estimates for the Preconstruction Services under the following two scenarios: 1) The CM/GC is hired for Preconstruction Services only and NOT selected as the CM/GC in the event the Project proceeds to construction; and 2) The CM/GC is hired for Preconstruction Services as well as Construction Services. This scenario should identify the portion of the Preconstruction Services fee that would be reimbursed to the County in the form of an offset to the Contractor's Fee for the Project Construction. IV. METHOD OF AWARD All Proposal and Statement of Qualifications will be reviewed by Eagle County and any other review as determined to be necessary. Firms may be asked to supplement their initial proposals with additional written material. Eagle County may short-list firms based upon an evaluation of the written submittals. Eagle County may then arrange in-person interviews with each firm. The second step will be a more in depth request for additional financial information for consideration by the finalists selected by Eagle County. Eagle County reserves the right to award this Contract to the firm that demonstrates the best ability to fulfill the requirements of the project. The successful firm will be chosen based on the Proposal and Statement of Qualifications, selection criteria evaluation, possible interview, and any other review deemed prudent by Eagle County. The firm selected will be given the first right to negotiate an Agreement acceptable to Eagle County. In the event that an Agreement satisfactory to Eagle County cannot be reached, Eagle County may enter into negotiations with one or more of the remaining firms. The successful firm shall commence work only after execution of an acceptable Agreement and approval of insurance certificates and notice to proceed giving by Eagle County. The successful firm will perform all services indicated in their proposal in compliance with the negotiated Agreement. Page 4 Proposal and Statement of Qualifications V. EAGLE COUNTY GOVERNMENT RIGHTS Eagle County reserves the right to reject all or portions of any or all Proposals and Statement of Qualifications, to waive irregularities and technicalities, to re -advertise, or to proceed to provide the services otherwise, in the best interest of Eagle County. Eagle County may, at is sole discretion, modify or amend any and all provisions herein. Eagle County will not pay for any information herein requested, nor is it liable for any costs incurred by the participating firm. Eagle County reserves the right to extend the Proposal and Statement of Qualifications submittal date if needed. All changes and/or clarifications will be distributed to all firms indicating interest in the form of addenda. A list of firms and others who have been issued a Request for Proposal and Statement of Qualifications document will be made available upon request. VI. INSURANCE REQUIREMENTS Prior to the commencement of performance, the successful firm shall furnish to Eagle County a certificate of insurance for workers' compensation and general liability, with limits of not less than $1,000,000. VII. PROPOSAL MEETING/INQUIRIES A pre -proposal meeting may be requested by potential respondents at the County's time of convenience for visual observation of the existing site conditions. Any questions related to this request must be directed to the Eagle County Public Works Department, Attention Rick Ullom, Construction Manager, Facilities Management Department (EMAIL: rick.ullomki';eaglecormty.us FAX NO. 970-328-8899). Inquiries must be made in writing and submitted no later than June 27th , 2007. Questions answered verbally will be followed up by written addenda as deemed necessary; oral interpretations shall have no effect. VIII. SUBMISSION CRITERIA: Consultants interested in performing the professional services requested must submit the following information: 1. Six (6) copies of their Proposal and Statement of Qualifications fully addressing the selection criteria including name, address, and phone number of the firm's submitting project personnel. Include primary staff contact information in the cover letter for follow- up correspondence. 2. One CD containing a PDF version of the Proposal and Statement of Qualifications. 3. Estimated Cost, presented as an anticipated Stipulated Sum, to provide preconstruction services. Hourly rates shall also be presented in anticipation of defining and negotiating the final scope of work upon selection of the Preconstruction Services CM/GC. Page 5 Proposal and Statement of Qualifications Proposals and Statement of Qualifications shall be addressed to: Eagle County Public Works Department ATTN: Rick Ullom, Construction Manager PO Box 850 500 Broadway Eagle, CO 81631-0850 All proposals shall be received by Friday, July 6`", at 3:30 p.m. Proposals may be sent via US Mail, FedEx, UPS, DHL or hand delivered. Faxed or emailed proposals will not be accepted. Proposals will be evaluated by a selection committee. A limited number of qualified firms may be selected for a detailed presentation of their proposal for review and final consultant selection. Eagle County reserves the right to reject any or all proposals. Page 6