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HomeMy WebLinkAboutC08-258PRECONSTRUCTION AND CONSTRUCTION AGREEMENT FOR THE EAGLE COUNTY JUSTICE CENTER THIS AGREEMENT is made this ~ day of , 2008, by and between Eagle County, Colorado, acting by and through its Board o County Commissioners ("County"), on behalf of the Eagle County Justice Center Financing Corporation, a Colorado nonprofit corporation organized for the benefit of the people of Eagle County (the "Corporation"), and FCI Constructors, Inc. Construction Corporation, a company organized and existing by virtue of the laws of the State of Colorado (hereinafter referred to as "FCI" or "Contractor"). WHEREAS, the County has entered into a Lease Purchase Agreement with the Corporation dated as of September 1, 2008, for the lease of certain improvements to be constructed on property that the Corporation controls as a ground lessee for use as a justice center for Eagle County; and WHEREAS, the County is obliged under the Lease Purchase Agreement to act on the Corporation's behalf to design and construct the improvements, and to enter into contracts to that end on behalf of the Corporation as the disclosed principal; and WHEREAS, title to the improvements shall at all times vest in the Corporation, in accordance with the terms of the Lease Purchase Agreement; and WHEREAS, the County intends to design and construct the expansion and remodel of the existing Eagle County Justice Center to consist of an additional gross square footage of new construction at approximately thirty one thousand twenty seven (31,027) square feet (which will include a new courts building addition, an addition to the east entry and the sheriff's offices, and an addition on the west end of the existing detention center) and the remodel of the existing facility, courts, sheriffs office, detention center (which will also include the retrofitting of the evaporative cooling, fire alarm, and fire sprinkler systems and all associated sitework)(the new construction and remodel collectively referred to as the "Project") at a total cost that County anticipates will not exceed Twenty One Million Five Hundred Thousand Dollars ($21,500,000.00); and WHEREAS, the Architect for the Project is Reilly Johnson Architecture, 1775 Sherman Street, #1320, Denver, Colorado, 80203, (phone (303) 832-9111) ("Architect"); and WHEREAS, the County seeks professional preconstruction services to facilitate and assist with the design of the Project and final construction services to complete remodel and expansion of the Eagle County Justice Center (the "Facility") as designed; and WHEREAS, FCI 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 in Section 2 hereunder. NOW THEREFORE, the County and FCI, for the consideration hereinafter set forth, agree as follows: 1. Definitions 1.1. "Agreement" or "Contract" means this written agreement. 1.2. "Architect" means Reilly Johnson Architecture or such other professional architect, or group or association or professional corporation of such approved professional architects, engineers and consultants, who have contracted with the County to accomplish the architectural and engineering services necessary to the Work. 1.3. "Change Order" means a written order to the CM/GC signed by the Board of County Commissioners or the Project Manager and the CM/GC, issued after the execution of this Agreement, authorizing a change in the Work, the method or manner of performance, or an adjustment in the Guaranteed Maximum Price, Design Phase Services, Construction Phase Services, or the Contract Time. 1.4. "CM/GC" means Construction Manager/General Contractor 1.5. "Colorado Labor" means as provided in C.R.S. §8-17-101 et seq. as amended. 1.6. "Completion Date" means the first date when all of the following have occurred: the date that the Architect and Project Manager have certified that construction is completed in accordance with the Contract Documents, the local jurisdiction has issued a Certificate of Occupancy, and the date the County can fully occupy or utilize the Work for the purpose for which it is intended. 1.7. "Construction Documents" means the drawings and specifications that set forth in detail requirements for the construction of the Project. 1.8. "Contingency" means the set percentage of the construction contract amount budgeted for unforeseen emergencies or design shortfalls identified after the construction project commences. 1.9. "Contract Documents" means this Agreement, Amendments to this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Notices to Proceed, Change Orders, Addenda to the RFP issued prior to execution of this Agreement, if any, and other documents identified in this Agreement. 1.10. "Corporation" means the Eagle County Justice Center Financing corporation. 1.11. "Cost" means the total cost of labor, materials, provisions, supplies, fees, tests, expenses, bonds, equipment rentals, equipment purchases, insurance, supervision, engineering, clerical, and accounting services, the value of the use of equipment, and reasonable estimates of other administrative costs which may be reasonably apportioned to this Project to complete it in accordance with this Contract. 1.12. "Day" means calendar day unless specifically designated otherwise. 2 1.13. "Design Development" means the phase in which the Architect and other consultants prepare the design development documents, from the approved schematic design, for submission to the County for its approval. 1.14. "Design Documents" means the drawings and other documents that fix and describe the size and character of the entire project as to architectural, structural, mechanical, and electrical systems, materials and such other elements of the Project as may be appropriate. 1.15. "Drawings" means all drawings and specifications reviewed and accepted by the County which have been prepared by the Architect showing the Work to be done. 1.16. "Event of Default under tie Lease Purchase Agreement" means one or more of the events of default as defined in Section 14.1 of the Lease Purchase Agreement between Eagle County Justice Center Financing Corporation and Eagle County, Colorado, dated as of September 1, 2008. 1.17. "Event of Non-Appropriation" means a termination of the Lease Purchase Agreement between Eagle County Justice Center Financing Corporation and Eagle County, Colorado, by the County, determined by the Board of County Commissioner's failure, for any reason, on or before the last day of any Fiscal Year, specifically to include in the County's Budget and to appropriate for the ensuing Fiscal Year, moneys to pay all rents that are estimated to become due in accordance with the Lease Purchase Agreement. 1.18. "Guaranteed Maximum Price" and "GMP" mean that maximum amount for which the Work shall be accomplished. 1.19. "Notice to Proceed with Construction Services" means written notice ftom the Project Manager to the CM/GC with direction to commence the Construction Services, subject to the conditions of this Agreement. 1.20. The "Project" means the total design and construction of which the Work performed under the Contract Documents is a part, and may include construction by the County or by separate Contractors. 1.21. "Project Fund" means the special fund designated the "Eagle County Justice Center Financing Corporation, Justice Center Certificates of Participation, Project Fund" (and any subaccounts created therein) created pursuant to the Mortgage and Indenture of Trust dated as of September 1, 2008 between the Corporation and Trustee, which fund is held by the Trustee. 1.22. "Project Manager" means the individual appointed by the County to act as the County's representative. 1.23. "Subcontractor" means a person, firm, corporation, or other entity supplying labor and materials, or only labor, for the Work, under separate contact or agreement with the CM/GC or any other subcontractor. 1.24. "Supplier" means any manufacturer, fabricator, distributor, material-man or vendor. 1.25. "Trustee" means Wells Fargo Bank, National Association or its assignee, pursuant to the Lease Purchase Agreement, dated as of September 1, 2008, between Eagle County Justice Center Financing Corporation, as lessor, and Eagle County, Colorado, as lessee. 1.26. "Value Engineering" means the technical review and analysis of systems and materials being considered in the design to produce the greatest value for the least cost, the object of which is to achieve the optimum value for each construction dollar spent and keep the fiscal constraints set forth throughout the Contract Documents. 1.27. "Work" means the preconstruction services and, if FCI is selected as the CM/CG, the construction services and all other services required by the Contract Documents, including all other labor, materials, equipment and services provided or to be provided by the CM/GC to fulfill FCI's obligations. The Work may constitute the whole or a part of the Project. 2. Work: 2.1. Preconstruction Services: FCI 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 Services for Eagle County Justice Center, Eagle, Colorado, attached hereto as Exhibit "A," and incorporated herein by this reference (the "Preconstruction Services"). The Preconstruction Services are more particularly set forth and further described as the follows: A. FCI 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. FCI 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. FCI 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. FCI 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. FCI 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. FCI will make budget estimates during each of the design phases and other available information. FCI 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. FCI will provide subcontractor prequalification and solicit subcontractor pricing with the 100% Design Documents. FCI 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 ("GMP"). FCI 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 the County 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. FCI 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. FCI will assist the design team in making recommendations of sequencing based on the project parameters for determining the most cost effective construction sequence. FCI 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 December 31, 2010, and provide comment and insight for further schedule refinement. I. FCI 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 such as estimating and project management information written, developed and implemented by FCI shall not become public information. J. FCI will assist County in obtaining Building Permits if requested. 2.2. Issuance of Notice to Proceed with Construction Services: A. If after completing Preconstruction Services, FCI's proposed GMP, detailed budget and construction schedule are accepted by County, then County shall provide FCI with a Notice to Proceed with Construction Services as the Construction Manager/General Contractor ("CM/GC"). 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 FCI as the CM/GC, or County may decide not to issue a Notice to Proceed with Construction Services to FCI for any reason or no reason at all. In the event County does not proceed with the Project or does not select FCI as the CM/GC prior to commencement of Construction Services, FCI will be paid for preconstruction services performed to that point, time and materials inclusive, in an amount not to exceed Seventy Five Thousand Dollars ($75,000). C. Upon receipt of a Notice to Proceed with Construction Services, FCI shall carry out and develop the overall plans produced by the Architect, which have been pre- approved by the Eagle County Project Manager; establish procedures for coordination between the Architect and FCI's subcontractors with respect to all aspects of the Construction Services 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. 2.3. Construction Services In the event County issues to FCI a Notice to Proceed with Construction Services, the work and services to be provided shall include, but will not be limited to, the following (hereinafter, the "Construction Services"): A. FCI shall furnish labor and Construction Services (1) which expeditiously, economically and properly complete the Project 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. B. Supervision: FCI shall supervise and direct the Construction Services, 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. FCI shall be responsible to County for the acts and omissions of FCI's subcontractors, agents, employees and any other persons performing any of the Work or furnishing materials under a contract with FCI. C. Meeting Attendance: Meet regularly with the Architect and Eagle County Project Manager to discuss progress, present material and information and respond to questions regarding the Project. FCI 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 FCI can discuss jointly such matters as progress, problems and scheduling. Provide a detailed schedule for the operation of FCI 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. D. Schedule: Within twenty (20) working days of issuance of the 100% Design Documents, FCI shall prepare and submit a construction schedule for the Construction Services which shall provide for the expeditious practicable execution of the Construction Services. 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. E. 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. FCI 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. F. Coordination of Contract Documents: Review the drawings and specifications and recommend alternative solutions whenever design details affect construction feasibility of schedules. G. 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. H. Labor: Arrange and provide all labor necessary to accomplish and complete the Construction Services and analyze the types, quantity and availability of appropriate categories of labor required for various phases of the Project. I. 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. J. Organization: Establish on-site organization and lines of authority in order to carry out the overall plans of the Construction Documents. K. 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. L. 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. M. 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. N. Permits and Fees: FCI shall apply for a building permit for the Facility. County will pay the direct cost for the building permit. FCI 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. O. Staffing: FCI 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. FCI's project superintendent shall not be changed except with the consent of Eagle County's Project Manager, such consent to not be unreasonably withheld. FCI's project superintendent shall represent FCI and all direction given to it shall be as binding as if given to FCI. P. FCI shall provide full-time, qualified and efficient supervision of the Work, using their best skill and attention. FCI 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. FCI 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. FCI 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, for which FCI has supervisory or inspection responsibility hereunder. Q. Safety: FCI 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 Construction Services. R. Shop Drawings and Samples: In collaboration with the Architect, establish and implement procedures for expediting the processing and approval of shop drawings and samples. S. Reports and Project Site Documents: Record the daily progress of the Project in a daily log available to the County and the Eagle County Project Manager. Submit on a monthly basis written progress reports and summaries of meetings to the Eagle County Project 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. T. 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 Construction Services. U. 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. 3. Time of Performance: 3.1 FCI shall begin the Preconstruction Services upon full execution of this Agreement by both parties. FCI shall complete its design and budget review and provide County with its GMP, a detailed budget and final construction schedule within 20 working days of the issue of the 100% Construction Documents. County anticipates that 100% Construction Documents should be issued no later than October 11, 2008. 3.2. FCI agrees that Construction Services shall commence upon ten (10) days of County's issuance of a Notice to Proceed with Construction Services and all Construction Services shall be substantially completed in accordance with the construction schedule approved by the Project Manager. In no event shall the Completion Date for Construction Services be later than December 31, 2010, absent written agreement for an extension of time in accordance with Section 4 below. 4. Liauidated Damages 4.1. Eagle County and FCI recognize that time is of the essence of this agreement and that County expects the Project to be substantially complete in accordance with the construction schedule approved by the Project Manager. 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 Project is not substantially complete in accordance with the approved schedule. Accordingly, instead of requiring such proof, Eagle County and FCI agree that as liquidated damages (but not as a penalty} for delay beyond the completion date indicated in the schedule approved by County, FCI shall pay County four hundred dollars ($400.00) for each day that expires after December 31, 2010 until the Project is complete. 4.2. If FCI 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 excessive snowfall, excessive rainfall, excessive 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 FCI. 4.3. The completion dates as set forth in Paragraphs 4.1 and 4.2 above include a reasonable time for the reviews and approvals required by this agreement. Should FCI 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 its sole discretion that good cause exists for such extension. 4.4. All time extensions shall be made pursuant to Paragraph 7 of the General Conditions. 5. Compensation and Payment: 5.1. Based on its initial consultation with the Architect and FCI County anticipates that the total cost for the entire scope of the Work, including preconstruction and construction services cost will not exceed Twenty One Million Five Hundred Thousand Dollars ($21,500,000). However, the GMP will be determined at a later date, in accordance with Section 2 of this Agreement. The funds appropriated for this Project are or will be equal to or in excess of the GMP amount at the time of issuance of the Notice to Proceed with Construction Services. 5.2. County shall pay FCI an amount not to exceed Seventy Five Thousand Dollars ($75,000) for Preconstruction Services described in Paragraph 2.1 subject to Paragraph 5.4 hereunder. 5.3. Additional Services, if requested by the County and approved in writing in advance of performance, that are determined by the County and FCI not to be similar in nature as described in Paragraph 2.1 through Paragraph 2.3 shall be paid to FCI based on the CM/GC Fee & Schedule Proposal Form as provided in Exhibit "B," attached hereto and incorporated herein by this reference. 5.4. The compensation for the Preconstruction Services hereunder will be reimbursed to the County in the event that FCI is selected as the CM/GC for the Project. In such event, the compensation for Preconstruction Services shall be considered a part of FCI's Contractor 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 FCI. Notwithstanding the foregoing, neither party represents that the Project will be constructed or that FCI will be the CM/GC in the event of Construction on this Project. It is agreed that in the event FCI is selected for Construction Services the Contractor's Fee will be established at 7% of the total cost, inclusive of the Preconstruction Services Costs and exclusive of Contingency, bonds and insurance for the Project. 5.4.1. 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: 10 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 CMlGC's principal office and offices other than the site office; C. Overhead and general expenses; D. The CM/GC's capital expenses; E. Capital employed for the Work; F. CM/GC profit. 5.4.2. Adjustments in Contractor's Fee shall be made as follows: A. If, after the initial 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 seven percent (7 %) excluding bonds and insurance for the additional work. 5.5. Abandonment or significant reduction in the scope or magnitude of the Project will not result in a negotiated reduction of the Contractor's 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. 5.6. The GMP shall include all of the Contractor's obligations to be performed pursuant to the terms of the Contract Documents and include 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 "C" Contractor's Fee Structure. b. Actual wages paid for labor in the direct employ of FCI 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 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 FCI's employees wherever stationed and 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 FCI and included in the cost of the Work. 11 e. The reasonable transportation, traveling and hotel expenses of FCI or of its officers or employees incurred in discharge of duties connected with the Work. 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 FCI 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 FCI. i. Actual rental charge of all necessary machinery and equipment, exclusive of hand tools, used at the site of the Work, whether rented from FCI 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. 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. m. 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. 12 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. 5.6.1. The GMP includes General Conditions/General Requirements. FCI will submit for review and acceptance by County an itemized breakdown of the General Conditions/General Requirements costs for the Project. 5.6.2. Any project savings, below the Guaranteed Maximum Price, resulting from bidding of subcontractors and other costs of the work shall accrue to the County. 5.7. Financial obligations of the County payable after the current fiscal year are contingent upon funds for the purpose being appropriated, budgeted and otherwise made available. In accordance with the conditions imposed in the appropriation or allocation authorized the construction of the Project herein contemplated, the total Project cost and all sums otherwise due the CM/GC as the cost of construction, as set forth throughout this Agreement, are expressly subject to the foregoing limitations and nothing herein shall be construed or understood to commit the County to a total expense greater than that which is provided in the appropriation or allocation. The County agrees to provide evidence of the appropriation to the CM/GC and will promptly provide notice of any change to the initial appropriation or allocation. Further, no funds appropriated or allocated for any other purpose shall be expended for this Project. In no event shall the failure to appropriate funds subject the County to any liability for costs, fees or services performed by the CM/GC or its subcontractors. In the Event of aNon-Appropriation or other Event of Default Under the Lease Purchase Agreement, Trustee may assume County's role and take County's position under this Agreement. Upon written notice by the Trustee to FCI that any Event of Default Under the Lease Purchase Agreement or Event of Non-Appropriation has occurred, (i) the County's role in this Agreement may be fully assumed by Trustee without consent of any other person or entity; and (ii) if the Trustee does so assume the role of County in this Agreement, FCI shall nonetheless perform pursuant to the terms of this Agreement. Alternatively, Trustee may provide written notice to FCI of its intent to terminate this Agreement and FCI shall then be entitled to payment only from amounts available therefore in the Project Fund and only for work done or other consideration furnished prior to such termination. 5.8. Pavment Procedure for Preconstruction Services. Not more often than once a month, FCI shall submit to County an invoice for payment signed by a person authorized to sign legal documents on behalf of FCI 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 FCI within thirty (30) days of receipt of a properly documented invoice. 5.8.1. Pavment Procedure for Construction Services If FCI is selected as the CM/GC, FCI shall submit applications for payment and back-up material (e.g. Subcontractor's invoices, 13 vender statements and receipts) as shall be reasonably required in accordance with the General Conditions. Applications for payment must be provided on AIA forms G702 and G703 in written or electronic form. These applications shall indicate the percentage of completion of each portion of the Construction Services as of the end of the period covered by the application for payment. Applications for Payment will be processed as provided in the General Conditions. 5.8.2. 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. County shall have the right to request and inspect supporting documentation for progress payments, including but not limited to receipts and invoices evidencing payments of charges associated with the Work. 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. 5.8.3. FINAL PAYMENT: Upon final completion and acceptance in accordance with Section 17 of this Agreement and Paragraphs 20 and 21 of the General Conditions, County 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. 5.9. County may withhold from any payments due to FCI, 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 FCI to carry out the Scope of Work in accordance with this Agreement. 5.10. FCI 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, 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. 6. 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. FCI shall be, and shall perform as, an independent contractor. No technician, agent, subcontractor, employee, or servant of FCI shall be, or shall be deemed to be, the employee, agent or servant of County. FCI shall be solely and entirely responsible for its acts and for the acts of its 14 technicians, agents, employees, and servants during the performance of this agreement. FCI shall not represent, act, purport to act or be deemed the agent, representative, employee or servant of County. 7. No Assignment: The parties to this Agreement recognize that in entering into this Agreement, County is relying upon the resources, skill and reputation of FCI. Therefore, FCI may not assign its interest in the Agreement, including the assignment of any rights or delegation of any obligations provided therein, 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, except the Trustee on behalf of the Corporation as provided in Section 5.7 hereof. 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. FCI acknowledges that the County is entering into this Agreement on behalf of the Corporation and that the County may assign this Agreement to the Corporation, and FCI accepts such assignment. 8. Subcontracts: 8.1. All portions of the Work that FCI does not perform with its own forces shall be performed under subcontracts by subcontractors prequalified by FCI. 8.2. All subcontracts will be between FCI and the subcontractors. 8.3. FCI shall be responsible to the County for the acts and omissions of its agents, employees, suppliers, subcontractors performing work under a contract with FCI and such subcontractors' lower-tier subcontractors, agents and employees. 8.4. By an appropriate written agreement, FCI shall require the subcontractor to the extent of the Work to be performed by the subcontractor, to be bound to FCI by the terms of the Contract Documents and to assume toward FCI all the obligation and responsibility which FCI, by these Documents, assumes toward the County. Said agreement shall preserve and protect the rights of the County under the Contract Documents with respect to the Work to be performed by the subcontractor so that the subcontracting thereof will not prejudice such rights. FCI shall require each subcontractor to enter into similar agreements with its subcontractors. FCI shall make available to each proposed subcontractor, prior to the execution of the subcontract, complies of the Contract Documents to which the subcontractor will be bound by this paragraph 8.6. Each subcontractor shall similarly make copies of such Documents to its subcontractors. 8.5. Each Subcontract and material purchase order is hereby assigned to County by FCI provided that (a) assignment is effective only after termination of the Contract by County for cause and only for those subcontract agreements which County accepts by notifying the subcontractor and FCI in writing; and (b) assignment is subject to the prior rights of the surety, if any, obligated under the bond relating to the Project. Each subcontract and material purchase order shall include this assignment. 15 8.6. Nothing contained in the Contract Documents shall be deemed to create any contractual relationship between any subcontractor of any tier and the County. 9. Insurance• At all times during the term of this Agreement, FCI and its subcontractors shall maintain the following insurance: 9.1. 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. 9.2. General Liability Coverage in the minimum amount of $2,000,000. (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 FCI with respect to all work performed by them. 9.3. Comprehensive Automobile Insurance in the amounts as required by the laws of the State of Colorado. 9.4. Such policies shall include the County, the Corporation, and the Trustee, as their respective interest may appear, as additional named insureds, and shall include a provision prohibiting cancellation, termination, or alteration without 30 days prior notice by certified mail to the County, the Corporation and the Trustee. Certificates of Insurance acceptable to the County, the Corporation and the Trustee evidencing the above required amounts shall be filed with the County, the Corporation and the Trustee within ten (10) days from the execution of this Agreement. 10. Indemnification: FCI 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 FCI. 11. FCI Representations: 11.1. FCI expressly recognizes that this Project must be completed within the time and fiscal constraints set forth throughout this Agreement. 11.2. FCI 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; 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 FCI pursuant to the Contract Documents. Based upon this review and analysis, FCI represents to 16 County that it will provide all of the necessary services and perform all of the Work within the requirements of the Contract Documents. 11.3. FCI 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. 11.4. FCI shall be responsible for the completeness and accuracy of the Work and shall correct, at its sole expense, all errors and omissions therein. The fact that County has accepted or approved the Work shall not relieve FCI of any if its responsibilities under this Agreement. 11.5 FCI acknowledges it is FCI'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. 12. Contract Documents The Contract Documents which comprise the entire Agreement are made a part hereof and consist of the following: 12.1. This Agreement. 12.2. The General Conditions. 12.3. Exhibit "A": Request for Proposal and Qualifications Preconstruction Services for Eagle County Justice Center, Eagle Colorado 12.4. Exhibit "B": CM/GC Fee and Schedule Proposal Form, Eagle County Justice Center Expansion and Remodel, Eagle, Colorado 12.5. Exhibit "C": Contractor's Fee Structure There are currently no Contract Documents other than those listed above in this Article 12. If County accepts FCI's proposed GMP, budget and schedule and thereby selects FCI as the CM/GC, the budget, schedule, and 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 outlined in Section 2 of this Agreement. 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. 17 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. 13. 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: FCI Constructors, Inc. P.O. Box 1767 Grand Junction, CO 81502 (970) 434-9093 (p) (970) 434-7583 (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. 14. Termination: 14.1. Notwithstanding Paragraph 14.2 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 FCI of a written notice of termination specifying the date upon which termination becomes effective. Upon termination, FCI shall deliver to County all drawings, illustrations, text, data, redlined drawings and other documents entirely or partially completed, whether in electronic form or otherwise, together will all material supplied to FCI by County. These documents must be provided to Eagle County in a usable format. In such event, FCI shall be compensated for all work completed up to the date of termination. Final payment will be due within thirty (30) days after FCI has delivered the last of the documents or records due the County. 14.2. If either party defaults or FCI neglects to carry out the Work in accordance with this Agreement and fails within a ten (10) day period after receipt of written notice from the other 18 party to correct such default or neglect with diligence and promptness, the other party may, without prejudice to other remedies, terminate this agreement. If FCI 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 FCI. County may recover the reasonable costs of correcting deficiencies in an amount not exceeding that specified in the Agreement. 14.3. Upon the termination of this Agreement, FCI 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, red- lined drawings and other pertinent information, in an electronic form or otherwise, in a format usable by the County. 15. Drawings and Specifications 15.1. OWNERSHIP AND USE OF DOCUMENTS -All drawings, specifications, and copies thereof furnished by the County are and shall remain the property of the County. They are to be used only with respect to this Project and are not to be used on any other project. With the exception of one contract set for each parry to this Agreement, such documents are to be returned or suitably accounted for to the County on request at the completion of the Work. Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the County's common law copyright or other reserved rights. 15.2. INTERPRETATIONS -The Architect may be asked to render interpretations consistent with the intent of, and reasonably inferable from the Contract Documents, consisting of additional instructions by means of drawings or otherwise necessary for the proper execution or progress of the Work, in accordance with agreed upon time limits and otherwise so as to cause no unreasonable delay. FCI may make written request to the Architect of such interpretations and decisions. FCI shall comply with the Architect's interpretations and such interpretation shall be incorporated into this Agreement, subject to County's review and final determination in those instances deemed necessary by the County. 16. Completion of the Work 16.1.1. When FCI considers that the Work or a designated portion thereof is complete as defined in paragraph 2.3, FCl shall notify County of the Completion of the Work and prepare a list of items to be completed or corrected. 16.1.2. Within ten (10) days after receipt of FCI's notice of completion of the Work, the County, and FCI shall make an inspection of the Work to determine whether the Work has been completed in accordance with the Contract Documents and to prepare a punch list. If the Work has not been completed to the required stage, the parties shall cease the inspection and an appropriate Change Order shall be issued deducting from the payments then or thereafter due FCI all costs associated with such premature inspection, including compensation for the Architect's additional services, if made necessary thereby. If the payments then or thereafter due FCI are not sufficient to cover such amount, FCI shall pay the difference to the County. If 19 however, the Work has been completed to the required stage, a punch list shall be prepared by County and consist of those items listed by FCI to be completed or corrected as supplemented by those items observed and noted during the inspection. The required number of copies of the punch list will be countersigned by the County Project Manager or other authorized County representative and will then be transmitted to FCI. The failure to include any items on such list shall not alter the responsibility of FCI to complete all Work in accordance with the Contract Documents. 16.2. RIGHT OF EARLY OCCUPANCY 16.2.1. The County shall have the right to take possession of and to use any completed or partially completed portions of the Work, even if the time for Completion of the Work or such portions of the Work has not expired and even if the Work has not been finally accepted. Such possession and use shall not constitute an acceptance of such portions of the Work. 16.2.2. If the County elects to take possession of and to use any completed or partially completed portions of the Work prior to the time for Completion of the Work or portion thereof, prior to any such possession or use, an inspection shall be made by the local jurisdiction, the Project Manager and FCI. Any and all areas so occupied will be subject to a final inspection when the FCI complies with Article 16.1. 16.2.3. At the time of the inspection made pursuant to paragraph 16.2.2., the parties shall also agree upon the responsibilities of the County and FCI for security, maintenance, heat, utilities, property insurance premiums, and damage to the Work. If FCI can also satisfactorily demonstrate to the County any actual cost for warranties for the period prior to the date of Notice of Acceptance, the County shall reimburse FCI for that portion of such cost attributable to the portion of the Work occupied by the County for the period of time of such occupancy. In the event FCI believes there will be an additional cost associated with completion of the Work while the County occupies the Work in whole or in part, FCI shall advise the County of all such cost at or before the time of the inspection and an agreement shall be reached on the responsibilities of the County and FCI therefor. If FCI fails or refuses to furnish such cost information as required, FCI hereby waives any and all rights to assert any claim therefor at any time thereafter. 17. Final Comnletion. Acceptance, and Final Payment 17.1. Following County's issuance of the Certificate of Completion of the Work or designated portion thereof, the issuance or a Certificate of Occupancy from the local jurisdiction, and FCI's completion of the work on the punch list established pursuant to paragraph 16.1.2. as may have been supplemented, FCI shall forward to the County a written notice that the Work is ready for final inspection and acceptance, and shall also forward to the County a final application for Payment. Upon receipt, the County and Architect will promptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents, Architect will issue a Final Certificate of Completion. This Certificate will constitute a representation that, to the best of the Architect's knowledge, information and belief, and on the basis of observations and inspections, the Work has been completed in accordance with the terms and conditions of the Contract Documents. 20 17.2. NOTICE OF ACCEPTANCE -When the local jurisdiction has issued a Certificate of Occupancy, Architect has issued its Final Certificate of Completion, FCI has fully performed all of its obligations under the Contract Documents and the same is acceptable to the County, a Notice of Acceptance shall be issued by the County, which shall establish the acceptance of the Work. 17.3. SETTLEMENT 17.3.1. 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, County has received a Certificate of Occupancy from the local jurisdiction, the Notice of Acceptance is issued, and the Notice of Contractor's Final Settlement Date is published and at least 30 days have expired with no claims filed. 17.3.2. Before the County may advertise, FCI shall: Deliver to the Architect for review by the Architect and deliver to the County: a. All guaranties and warranties; b. Confirmation that sales taxes from which the County is exempt have not been paid; c. Three (3) complete bound sets of required operations and maintenance manuals and instructions; d. Two (2) sets of as-built drawings; e. To the extent not already furnished, one copy of all corrected Shop Drawings; f. Satisfactory evidence that all payroll, material bills, and other indebtedness connected with the Work have been paid or otherwise satisfied; g. A complete and final waiver and/or release of any and all lien rights and liens from each subcontractor of all tiers, materialmen, supplier, manufacturer and dealer for all labor, equipment and material used or furnished by each on the Work; h. Consent of the surety to final payment; i. Any other documents required to be furnished by the Contract Documents. 2. Demonstrate to the operating personnel of the County the proper operation and maintenance of all equipment installed or furnished under the Contract Documents. 21 17.3.3. 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 CM/GC has submitted a written notice to the County that no claims have been filed, final payment and settlement shall be made in full. 17.3.4. If any unpaid claim for labor, materials, rental machinery, tools, supplies, or equipment is filed before payment in full of all sums due FCI, the County shall withhold from FCI sufficient funds to insure the payment of such claim, until the same shall have been paid or withdrawn, such payment or withdrawal to be evidence by filing a receipt in full or an order for withdrawal signed by the claimant or its duly authorized agent or assignee. 17.3.5. The making of final payment, after the Date of the Notice of Contract Settlement of the Project, shall constitute a waiver of all Claims by the County except those arising from: 1. Unsettled Claims; 2. Faulty or defective work appearing after Completion of the Work; Failure of the Work to comply with the requirements of the Contract Documents; or 4. Terms of any warranties or special warranties required by the Contract Documents. 17.3.6. 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 FCI except those previously made in writing and separately identified by FCI as unsettled in the final Project Application for Payment. 17.3.7. 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 payments. 18. Warranties 18.1.1. FCI warrants to the County that all work, materials and equipment furnished under the Contract Documents will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work, materials or equipment not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by County, FCI shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of paragraph 18.1.2. 18.1.2. The CMlGC shall warrant and guarantee the Work for a period of one (1) year from the date of the Notice of Acceptance. If, within one year after the Notice of Acceptance, or within such longer period of time as may be prescribed by the terms of any applicable special 22 warranty required by the Contract Documents, if any of the Work is found to be defective or not in accordance with the Contract Documents, FCI shall correct it promptly after receipt of a written notice from the County to do so unless the County has previously given FCI a written acceptance of such condition. This obligation shall survive both final payment for the Work or designated portion thereof and termination of this Agreement. The County shall give such notice promptly after discovery of the condition and in any event no later than one year after the issuance of the Notice of Acceptance. 18.1.3. In case of work performed for which other warranties are required by the Contract Documents, FCI shall secure the required warranties and deliver the same to the County in accordance with paragraph 17.3.2. These warranties shall not in any way lessen FCI's responsibilities under the Contract Documents. Whenever guarantees or warranties are required by the Contract Documents for a longer period of that one year, such longer period shall govern. 18.1.4. The establishment of the time periods noted in paragraph 18.1.2., or, such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents, related only to the specific obligation of FCI to correct the Work, and has no relationship to the time within which FCI's obligation to comply with the Contract Documents may be sought to be enforced, nor the time within which proceedings may be commenced to establish FCI's liability with respect to FCI's obligations other than specifically to correct the Work. 18.2. GUARANTY INSPECTIONS AFTER COMPLETION 18.2.1. The County, and FCI together shall make at least two (2) complete inspections of the Work after the issuance of the Notice of Acceptance. One such inspection, the "Six-Month Guaranty Inspection," shall be made approximately six (6) months after the issuance of the Notice of Acceptance and another inspection, the "Eleven-Month Guaranty Inspection," shall be made approximately eleven (11) months after the issuance of the Notice of Acceptance. The County shall schedule and so notify all parties concerned, including the local jurisdiction, of these inspections. 18.2.2. Written lists and reports of these inspections shall be made by the CM/GC and forwarded to the County and all of the other participants within ten (10) days after the completion of each inspection. FCI shall immediately initiate such remedial work as may be necessary to correct any deficiencies or defective Work shown by these reports, and shall promptly complete all such remedial Work in a manner satisfactory to the Architect and the County. 18.2.3. If the CM/GC fails to promptly correct all deficiencies and effects shown by any report, the County may do so after giving FCI ten (10) days written notice of its intention to do so and the County shall be entitled to collect from FCI and its surety all costs and expenses incurred by it in correcting such deficiencies and defects, as well as all damages directly resulting form such deficiencies and defects. 19. Claims for Additional Costs and Damages 19.1. CLAIMS FOR ADDITIONAL COST 23 19.1.1. If FCI makes a claim for an increase in the GMP, FCI shall give the County its written notice of Claim thereof within fifteen (15) days or such other time period as may be specifically set forth elsewhere in this Agreement, whichever is the lesser, after the occurrence of the event giving rise to such claim and in all cases before proceeding to execute the Work, except in an emergency endangering life or property, in which case, FCI shall proceed as necessary to prevent such threat. No such claim shall be valid unless so made. Any approved change in the GMP resulting from such claim shall be authorized by Change Order. 19.2. INJURY TO PERSON OR DAMAGE TO PROPERTY -Should either party to this Agreement suffer injury or damage to person or property because of any act or omission of the other party or of any of the other party's employees, agents, or others for whose acts such party is legally liable, Notice of Claim shall be made in writing to such other party within sixty (60) days after the first observance of such injury or damage. 19.3. RIGHTS AND REMEDIES 19.3.1. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights or remedies otherwise imposed or available by law. 19.3.2. No action or failure to act by the County shall constitute a waiver of any right or duty afforded under the Contract Documents nor shall any such action or failure to act constitute an approval or acquiescence in any breach thereunder, except as may be specifically agreed in writing. Nothing herein shall waive or be deemed a waiver of the County's governmental privileges and immunities under federal or state law. 20. Miscellaneous: 20.1. 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. 20.2. FCI 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, sexual orientation, ancestry, physical handicap, age, political affiliation or family responsibility. 20.3. The making, execution and delivery of this Agreement by the parties hereto have 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 Work, except by a written document of equal formality executed by both parties hereto. 24 20.4. 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 in any action to enforce or interpret this Agreement shall be in the District Court in the 5~' District for the State of Colorado. 20.5. 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. 20.6. 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. 20.7. 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. 20.8. Time is of the essence and the parties agree to notify the other if they become aware that any condition will significantly delay performance. 20.9. 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. 20.10. All tracings, plans, specifications, estimates, reports, date and miscellaneous items, including electronic data, purported to contribute to the completeness of the Project, the Project 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 FCI shall be available for review by County, but shall not become public information or available for use by any entity other than FCI. 20.11. 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. 20.12. The Architect, County, Project Manager and all other representatives of the County shall at all times have access to the Facility to view the progress of the Work, wherever it is in preparation and progress. The CM/GC shall provide any necessary safety equipment, and safe and reasonable facilities for such access so that the Architect, Project Manager and County representatives may exercise their rights and perform their functions under the Contract Documents. 21. Prohibitions on Public Contracts for Services: 25 21.1. If FCI has any employees or subcontractors, FCI shall comply with C.R.S. § 8-17.5-101, et seq., regarding Illegal Aliens -Public Contracts for Services, and this Contract. By execution of this Contract, FCI certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that FCI will participate in the Basic Pilot Verification Program in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. 21.2. FCI shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to FCI that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 21.3. FCI has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the Basic Pilot Verification program, as administered by the United States Department of Homeland Security. If FCI is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, FCI shall apply to participate in the Program every three months until FCI is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can be found at: https://www.vis-dhs.com\employerregistration 21.4. FCI shall not use either the Basic Pilot Verification Program procedures to undertake pre- employment screening of job applicants while the public contract for services is being performed. 21.5. If FCI obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, FCI shall be required to: (i) Notify the subcontractor and the County within three days that FCI has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that FCI 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. 26 21.6. FCI shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8-17.5-102(5). 21.7. If FCI violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, FCI shall be liable for actual and consequential damages to the County as required by law. 21.8. The County will notify the office of the Colorado Secretary of State if FCI violates this provision of this contract and the County terminates the contract for such breach. 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: e BOARD OF COUNTY COMMISSIONERS ~sy~ c~ W y IA ~C • !4 Clerk to the Board of ~ i~ Peter F. Runyon, Chairm County Commissioners FCI NSTRUCTORS By: Si nature ~~~Sl~~ Title STATE OF COLORADO ) SS. COUNTY OF ) The foregoing inst ment was ac owledged before me by ~ ~ '!~(,a./n , this2.0`W` day of ~ , 2008. My commission expires: ~ ?i b G Notary Public RHONDA POWERS NOTARY PUBLIC STATE OF COLORADO My Commission Expires 01 /24/2011 27 GENERAL CONDITIONS 1. FCI 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 FCI fails to obtain the tax exemption(s) applicable to public works projects from sales, consumer, use and similar taxes, FCI shall pay the same. County will cooperate with FCI to obtain tax exemption for this project. 3. FCI 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 FCI to do so will not relieve it from responsibility for successfully performing the Work without additional expense to the County. County assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, employees or agents prior to the execution of this Agreement, unless such understanding or representations are expressly stated in the Agreement. 4. Before commencing activities, FCI shall: (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to FCI with the Agreement; and (3) promptly report errors, inconsistencies or omissions discovered to County. 5. FCI shall supervise and direct the Work, using FCI's best skill and attention. FCI 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. FCI, 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 FCI 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 FCI'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 28 time actually lost to FCI by reason of such causes, and provided further that FCI 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. FCI shall deliver, handle, store and install materials in accordance with manufacturers' instructions. 9. FCI 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. 10. FCI 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 FCI performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, rules or regulations without notice to County, FCI shall assume full responsibility for such Work and shall bear the attributable costs. FCI shall promptly notify County in writing of any conflicts between the specifications for the Work and such governmental laws, rules and regulations. 11. FCI shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. 12. FCI shall furnish performance bond and a separate labor and material payment bond on forms acceptable to the County and Trustee, each in an amount at least equal to the contract price as security for the faithful performance and payment of all FCI's obligations under the contract documents. In the event of any change order resulting in the performance of additional work in connection with the Project, the amounts of such bonds shall be increased by an amount equal to the cost of such additional work or materials or fixtures to be incorporated in the Project. Copies of the bonds shall be provided to the County, the Corporation, and the Trustee, and shall be made payable to the County, the Corporation and the Trustee, as their interests may appear. 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 executed by such sureties as are acceptable to the County and the Trustee and which (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 FCI 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, FCI shall within five days thereafter substitute another bond and surety, both of which shall be acceptable to County and Trustee. 13. FCI shall be solely responsible for the protection of the Work and material. FCI 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 FCI's Work is 29 damaged by another party, not under its supervision or control, FCI shall make its claim directly with the party involved. If a conflict or disagreement develops between FCI and another party concerning the responsibility for damage or loss to FCI's Work, such conflict shall not be cause for delay in FCI's restoration of the damaged Work. 14. FCI's Insurance: A. FCI shall purchase and maintain such insurance as will protect it from claims set forth below which may arise out of or result from FCI's operations under the contract, whether such operations be by itself, or by any of its subcontractors, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All such insurance shall remain in effect until final payment, and at all times thereafter when FCI may be correcting, removing, or replacing defective Work. In addition, FCI shall maintain such completed operations insurance for at least one year after final payment. t 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 its 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 its 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. FCI's Liability Insurance issued to and covering the liability for damage imposed by law upon FCI and each subcontractor with respect to all Work performed by them under this Agreement. FCI's Protective Liability Insurance issued to and covering the liability for damages imposed by law upon FCI and each subcontractor with respect to all Work under this Agreement performed for FCI by subcontractors. Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon FCI 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 30 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 FCI'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. 31 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, the Corporation, the Trustee, FCI, 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, the Corporation and the Trustee shall be filed with the County, the Corporation and the Trustee with respect to each contractor and subcontractor prior to commencement of the Work. These Certificates shall contain provisions naming the County as an additional insured under FCI'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. FCI and its subcontractors shall not permit any of its subcontractors to start Work until all required insurance have been obtained and certificates with the proper endorsements have been filed with the County. Failure of FCI to comply with the foregoing insurance requirements shall in no way waive the County's rights hereunder. 15. The County, at its option, may purchase and maintain such liability insurance as will protect it against claims which may arise from operations under this contract. Purchasing and maintaining such insurance, however, will not relieve FCI from purchasing and maintaining the insurance hereinbefore specified. 16. Before permitting any of its subcontractors to perform any Work under this contract, FCI shall either (a) require each of its subcontractors to procure and maintain during the life of its subcontracts, Subcontractor's General Liability and Property Damage Insurance of the types and in the amounts as may be applicable to its Work, which type and amounts shall be subject to the approval of the County, or (b) insure the activities of its subcontractors in its own policy. 17. To the fullest extent permitted by law, FCI shall indemnify and hold harmless County, and Eagle County Board of Commissioners, employees and the agents of any of them, from and 32 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 FCI, 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, FCI shall submit to County an application for payment filled out and signed by FCI 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 FCI stating that all previous progress payments received on account of the work have been applied to discharge in full all of FCI'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 FCI indicating in writing its reasons for refusing to recommend payment. In the latter case, FCI may make the necessary corrections and resubmit the application. County shall, within ten days of recommendation of payment, pay FCI the amount recommended. 19. FCI 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 FCI that the work is complete, County will make a final inspection with FCI, and will notify FCI in writing of all particulars in which this inspection reveals that the work is incomplete or defective. FCI shall immediately take such measures as are necessary to remedy such deficiencies. B. After FCI has completed all such corrections to the satisfaction of County, and delivered all maintenance and operating instructions, guarantees, bonds, certificates of inspection, FCI may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied by all documentation called for in the contract documents, and such other data and schedules as 33 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, FCI may furnish receipts or releases in full; an affidavit of FCI that the releases and receipts include all labor, services, material, and equipment for which lien could be filed, and that all payrolls, material, and equipment bills, and other indebtedness connected with the work, for which County or its property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any subcontractor, manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt in full, FCI may furnish a bond or other collateral satisfactory to County to indemnify County against any lien. 21. Final payment shall not become due until FCI 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 County has received a Certificate of Occupancy from the local jurisdiction, the Notice of Acceptance is issued, and the Notice of FCI's Final Settlement Date is published and at least 30 days have expired with no claims filed. 21.2. Before the County may advertise, FCI 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 County 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; 7. A complete and final waiver and/or release of any and all lien rights and liens from each subcontractor of all tiers, material, men, supplier, 34 manufacturer and dealer for all labor, equipment and material used or furnished by each on the Work; 8. Consent of the surety to final payment; and 9. Any other documents required to be furnished by the Contract Documents. B. Demonstrate to the operating personnel of the County the proper operation and maintenance of all equipment. 21.3. Upon completion of the foregoing, FCI's Settlement shall be advertised in accordance with Colorado law. On the date of final settlement thus advertised, and after FCI 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 FCI, County shall withhold from FCI 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 FCI Settlement of the Project, shall constitute a waiver of all claims by the County except those arising from: A. Unsettled Claims; B. Faulty or defective work appearing after Completion of the Work; C. Failure of the Work to comply with the requirements of the Contract Documents; or D. Terms of any warranties or special warranties required by the Contract Documents. 21.6. The acceptance of final payment, after the Date of the Notice of FCI Settlement of the Project, shall constitute a waiver of all claims by FCI except those previously made in writing and separately identified by FCI 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. FCI's obligation to perform and complete the Work in accordance with the contract documents shall be absolute. Neither the recommendation of any progress or final payment nor 35 the payment by County to FCI 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 FCI'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, FCI will correct said work in a timely manner so as not to delay completion of the project. 24. If FCI 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 FCI shall be responsible for the cost of such correction. 25. FCI 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. FCI shall promptly remedy damage and loss to property caused in whole or in part by FCI, or by anyone for whose acts FCI may be liable. 26. FCI shall promptly correct Work rejected by County as failing to conform to the requirements of the Agreement and FCI shall bear the cost of correcting such rejected Work. 27. FCI 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 FCI. 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, FCI 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 FCI 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 FCI. 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 FCI 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, FCI 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, FCI shall, except as otherwise directed or approved by County: A. stop the Work on the date and to the extent specified in the Notice of Termination; 36 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 FCI 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, FCI 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, FCI 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 FCI's non-compliance with the Colorado labor laws, this Contract may be canceled, terminated or suspended, in whole or in part, without any liability to the County. 30. FCI acknowledges that the Work is a public work financed in whole or in part by funds of the state of Colorado and/or County, and pursuant to section Title 8-17-101, C.R.S. (1973) Colorado labor shall be employed to perform the Work in the extent of not less than eighty percent (80%) of each type or class of labor in the several classifications of skilled and common labor employed in the Work. For purposes of this provision, "Colorado labor" means "any person who is a resident of the state of Colorado at the time of employment, without discrimination as to race, color, creed, sex, age, or religion except when sex or age is a bona fide occupational qualification. 31. FCI 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 County contracts or subcontracts: during the performance of this Contract, FCI agrees as follows: A. FCI will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical disability, sexual orientation, or age. FCI will take affirmative action to insure that applicants are employed and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but 37 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. FCI 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. FCI will, in all solicitations or advertisements for employees placed by or on behalf of FCI, 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 FCI 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 FCI in the amount of such claims. 38 EXHIBIT Proposal and Statement of Qualifications Eagle County, Colorado REQUEST FOR PROPOSAL AND QUALIFICATIONS PRECONSTRUCTION SERVICES FOR EAGLE COUNTY JUSTICE CENTER EAGLE, COLORADO Eagle, Colorado, March 7, 2007 Eagle County is soliciting Proposals and Statement of Qualifications from Construction Manager/General Contractors for Preconstruction Services to join our conceptual design team for the Eagle County Justice Center. Eagle County just completed a Master Plan based on present and future needs for the Judicial Center and Jail. Preconstruction Services to be provided include involvement in the conceptual design development from a General Contractor's perspective. Services will include but not be limited to cost estimating, schedule analysis, 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 and private correctional facility projects, public judicial 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 Project Management Office, 590 Broadway, P.O. Box 850, Eagle Colorado, $1631, unti15:00 p.m., local time, March 22, 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 Project 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 a-mail only. The complete document is also available at www.eaglecounty.com. 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 STATEMENT OF QUALIFICATIONS PRECONSTRUCTION SERVICES FOR EAGLE COUNTY JUSTICE CENTER EAGLE, COLORADO Eagle, Colorado, March 7, 2007 I. PROJECT DESCRIPTION Eagle County is accepting Proposals and Statement of Qualifications to provide Preconstruction Services for the Eagle County Justice Center. Eagle County just completed a Master Plan based on present and future needs for the Judicial Center and Jail. Preconstruction Services to be provided include involvement in the conceptual design development from a General Contractor's perspective. Services will include but not be limited to cost estimating, schedule analysis, value engineering and assessment of potential constructability issues. The purpose of this Conceptual Design Phase is to provide enhanced Concept design and Cost Estimating and Cost Modeling for the Justice Center Expansion. The goal is to provide a well defined conceptual design and cost model by July 2007. Preliminary Master Plan estimates place the total project cost at approximately $30 million. II. OBJECTIVE OF THE REQUEST The objective of the request is to select ahighly-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 early 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 Reilly Johnson Architecture in reviewing and validating the plans, cost estimates, and schedules developed by Reilly Johnson Architecture, Eagle County and the selected CM/GC service provider. Preconstruction Services to be provided include involvement in the conceptual design development from a General Contractor's perspective. Services will include but not be limited to cost estimating, schedule analysis, value engineering and assessment of potential constructability 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, Reilly Johnson 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. Additionally, 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 Construction Project. Accordingly, the County is seeking cost estimates for both 1) Preconstruction Services if the CM/GC is not selected to also perform Construction Services Page 2 Proposal and Statement of Qualifications 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 awarding of the agreement for Preconstruction Services for the Justice Center Expansion. The Request for Proposal and Statement of Qualifications document is not 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 Reilly Johnson 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 conceptual design documents. • Review architectural, civil, structural, geotechnical design plans, details, sections, elevations and reports for accuracy and comprehensiveness. • Provide schedule review and sequencing insight. Assist in the development of the Final Design, Funding & Construction Schedule. III. 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 anon-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 in public and private correctional facility projects, public judicial 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 experience with construction practices and procedures in mountain environments. Evaluation of experience will include the following: Page 3 Proposal and Statement of Qualifications 1. Resumes of the proposed members of the project management team who will be committed to the project, both for Preconstruction services and for possible Construction Services. Resumes must include a description of the person's qualifications and past experience with 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 complete the project in a timely manner. The project review will commence with bi-weekly meetings on or about the first week of April and budget review approximately the first week of June. The goal is to identify funding sources during the fall 2007 and commence design development during the winter & spring of 2008 with construction following shortly thereafter. 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 government offices and familiarity with correctional facility construction procedures, local construction conditions, codes and practices. F. Leal 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 CM1GC 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 for in-person interviews with each firm. 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. Page 4 Proposal and Statement of Qualifications The firm selected will be given the first right to negotiate a Preconstruction Services 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. 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 andlor 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 Project Management Department, Attention Rick Ullom, Construction Manager, Project Management Department (EMAIL: rick.ullom(a,ea leg c~y.us FAX NO. 970-328-8899). Inquiries must be made in writing and submitted no later than March 19, 2007. Questions answered verbally will be followed up by written addenda as deemed necessary; oral interpretations shall have no effect. Page 5 Proposal and Statement of Qualifications 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. 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 for the Phase la project. 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. 4. Proposed agreement and fee structure for possible future construction services. Proposals and Statement of Qualifications shall be addressed to: Eagle County Project Management Department ATTN: Rick Ullom, Construction Manager PO Box 850 500 Broadway Eagle, CO 81631-0850 All proposals shall be received by March 22, 2007, at S:OOpm. Proposals may be sent via US Mail, FedEx, UPS, DHL or hand delivered. Faxed or emailed praposals 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 EXHIBIT Project Management Department Phone: (970) 328-8880 FAX: (970) 328-8899 2 May 2007 Mr. Ed Forsman FCI Constructors, Inc. PO Box 1767 Grand Junction, CO 81502 Re: Eagle County Justice Center CM/GC selection Dear Mr. Forsman Eagle County P.O. Box 850 500 Broadway Eagle, CO 81631 We are pleased to inform you that, subsequent to your interview with the County last week, your firm has been further "short-listed" to provide CM/GC services for the proposed Eagle County Justice Center Expansion and Remodel. To assist us in finalizing our selection of a CM/GC we are requesting that you revise your previous Proposals to us, to redefine your services in 3 phases, as follows. 1. Pre-Financing Services Based upon your further understanding of the Project resulting from your interview with us last week, please prepare a Letter to us with a written description of the Scope ofPre-Financing Services you can provide between May 14, 2007 and terminating approximately July 13, 2007 to work with the County, Reilly Johnson Architecture, and RJA's construction cost consultant - Preconstruction Services, Inc. (Bill Brown) -to assist this TEAM in providing a reliable construction cost estimate to the Board of County Commissioners. A copy of RJA's scope of services during this phase is enclosed as Exhibit D. We prefer that weekly meetings be held in Eagle through that period, and that the CM/GC pre- construction services manager or project manager be in attendance. This Proposal should be clear about your commitment to meetings in Eagle, and whether you are preparing your own detailed estimate, then reconciling it with the estimate prepared by RJA/PSI; or whether you are simply reviewing the RJA/PSI estimate and commenting on such things as subcontractor availability and unit costs; or something in between. Compensation (inclusive of all your expenses) for these Pre-Financing Services should be stated in your Letter as a Stipulated Sum (fixed fee). 2. Pre-Construction Services Based upon the enclosed RFP, containing Special Instructions (6 pages), Exhibit A (8 pages), and Exhibit B (1 page) please provide your Stipulated Sum fee for Pre Construction Services on the form provided -Exhibit B. Also tell us whether any portion of this compensation will be 2 May 2007 Mr. Ed Forsman Page 2 rebated to the County should the Project proceed into construction with your company as CM/GC. Assume Pre-Construction Services will commence approximately November 12, 2007 (predicated upon either a successful November 6"' election or alternative financing). GMP drawings and specifications will be available from RJA April 1, 2008, and you are to present your GMP proposal to the County and RJA on May 8, 2008. Also assume that your GMP proposal is to be reconciled with the RJA/PSI GMP estimate and that contract terms are to be resolved by May 30, 2008; allowing a construction start on June 16, 2008. Thus, the term of the Pre-Construction Services will be approximately November 12, 2007 through May 30, 2008. 3. Construction Services Based upon the enclosed RFP, containing Special Instructions (6 pages), Exhibit A (8 pages), and Exhibit B (1 page) please provide your Stipulated Sum fee for Construction Services and other financial terms on the form provided -Exhibit B. The RFP asks for the duration of construction and that length of time is at your discretion. Please provide your estimated duration (in calendar days) as requested in the RFP. We require that you submit the Letter (identified in item 1 above); and the Proposal (for items 2 and 3 above) on the form provided - Exhibit B - to us by Tuesday, May 8, at 3:00 PM. You may submit these via US Mail, email, or facsimile at any of the following addresses. Mr. Rick Ullom, Manager Project Management Department Eagle County, Colorado PO Box 850 590 Broadway Eagle, Colorado 81631-0850 970.328.8780 voice 970.328.8899 facsimile Rick.Ullom~eaelecounty.us A number of assumptions are to be used in your preparation of the Letter and Proposals, as described in page 1 of the RFP's Special Instructions, and in Exhibit C. An architectural Site Plan, and floor plans for the addition and remodel of the Justice Center, and floor plans for the new Courts Building will be emailed to you by Monday, morning, April 30tH to assist you in preparing your response to this request for a revised Proposal. 2 May 2007 Mr. Ed Forsman Page 3 Please call Rick Ullom (970.328.8780) with any questions, and thank you for your continued interest in this Project. Sincerely, Rick Ullom enclosures copies w/ enclosures: Tom Johnson /Eagle County Bob Johnson / Reilly Johnson Architecture CMfGC FEE & SCHEDULE PROPOSAL SPECIAL INSTRUCTIONS (6 pages) Eagle County Justice Center Expansion + Remodel EAGLE, COLORADO 1. PROJECT DESCRIPTION Note: The following description is based on schematic /conceptual design and shall be used for assumptions in determining your response. The Preliminary Design process may change some components of this description. The Eagle County Justice Center Expansion + Remodel will consist of a new Courts Building, an addition on the west end of the existing Justice Center for detention, remodeling within the existing Justice Center, a tunnel connecting the existing Justice Center to the new Courts Building, demolition of the 5,000 gsf District Attorney/Probation Building east of the existing Justice Center, and sitework. The new Courts Building will be 3 floors above grade totaling 58,500 gsf, and a partial basement with 9 or 10 parking spaces, inmate holding, and archival records storage totaling approximately 10,000 gsf. The First Floor will include offices for the Clerk of Court and Probation. Second Floor will include a Jury Assembly suite, and two County Court courtrooms with judges chambers, staff offices, and two Jury Deliberation suites. The Third Floor will include three District Court courtrooms with judges chambers, staff offices, and two Jury Deliberation suites. The addition on the west end of the Justice Center for detention use will be approximately 18,000 gsf of which approximately 14,000 gsf is at ground level, and 4,000 gsf is on the Second Floor. This addition will include atwo-story minimum security dormitory housing unit with approximately 42 beds, group toiletslshowers, Dayroom, multi-purpose inmate program space, and indoor recreation; and atwo-story medium security housing unit with 16double-bunked cells, showers, Dayroom, multi-purpose inmate program space, and indoor recreation. It will also include an 8 bed female Work Release dormitory housing unit; detention staff offices and breakroom, and storage. There will be remodeling within the Detention Center in the existing Justice Center to include: Kitchen and Laundry expansion; Public Lobby with uni-sex restroom, and video visiting stations; roofing a 2°d floor Inmate Exercise area; and a Trusty dormitory housing unit with 10 beds. Total floor area involved in this remodeling is approximately 5,600 sf. There will also be 10,000 to 15,000 sf of remodeling in the Justice Center in the space to be vacated by the Courts (10,000 sf) and in the space currently occupied by the Sheriff s Office (5,000 sf). There will also be two minor additions to the Detention Center to provide 2 juvenile Holding Rooms on the west end of the Vehicle Sallyport; and a new con•idor extension at the east end of the Vehicle Sallyport with elevator and stair to the west end of the new Tunnel connecting the Detention Center (in the existing Justice Center) to the new Courts Building. There will sitework consisting of underground utilities, grading, landscaping, lighting, roadways, walkways, and surface parking areas. It is anticipated that the GMP figure accepted by the Owner on May 30, 2008 will be approximately $33,500,000. 2. GENERAL SCOPE OF CM/GC SERVICES The CM/GC's services during the Pre-Construction Services include, but are not limited to, cost estimating, value engineering, cash flow projections, scheduling, logistical planning, constructability analysis, bid package administration, bidding of trade contracts, and the submittal of a Guaranteed Maximum Price (GM P) proposal for the construction work. The CM/GC's services during the Construction Services phase include, but are not limited to, construction management, administration, field supervision, coordinating subcontractors, maintaining quality, meeting schedules and providing the general conditions work for the Project. Generally, all trade contracts shall be competitively bid and assigned to the CMlGC's contract; however, when circumstances warrant it, the CM/GC may be allowed to self-perform work that it traditionally performs with its own forces, as long as the cost is acceptable to the County. 3. PRE-CONSTRUCTION SERVICES FIXED FEE The CM/GC shall participate in the continuing design process as an integral member of the Project Team and shall perform Pre-Construction services that, in general, shall include but not be limited to the following: Attend all necessary work sessions with the Owner and Architect Team to gather and distribute information on the Project as required. In conjunction with the Owner and the Architect, immediately identify the Project requirements and prepare a total Project Budget that properly allocates construction costs and "soft" costs for the various elements of the work intended for the Project. Develop and continue to refine a comprehensive Project Schedule. Identify, set decision dates, and make recommendations to the Owner and the Architect on procurement of long-lead delivery items. Update and monitor the Project Schedule with the Owner and the Architect regularly to identify deviations and changes. Provide value engineering and life-cycle costing for all materials, equipment and systems mutually agreed upon to determine the best possible value to the Owner. Conduct formal value engineering work sessions with the Owner and the Architect, and recommend design detail alternatives. Prepare and monitor estimates of the construction cost during each of the design phases based on detailed quantity surveys of the Drawings and Specifications. Advise the Owner and the Architect if it appears that the construction budget will not be met, and make recommendations for corrective action. Prepare and update with each cost estimate a reconciliation report comparing the cost estimate with the approved budget, accompanied with an updated construction billing and cash flow forecast. Review the drawings and specifications as they are being prepared, and recommend alternate solutions whenever design details affect budget, schedule, constructability, and consistency with local and traditional trade practice. a) Review the proposed design concepts, layouts, dimensions, clearances and advise the Owner and Architect of possible conflicts of the M/E/P building systems with the adjacent structure and finishes. b) Recommend a strategy for bid packaging the drawings and specifications relative to the Project approach and other pertinent considerations. Administrate the various bid packages for the Project. c) Recommend and prequalify subcontractors and contract suppliers to develop a bidder's list for review and approval by the Owner and the Architect. It is the Owner's policy that only prequalified subcontractors and suppliers shall be invited to bid on various procurement packages on the Project and, further, that awards are then based upon the lowest responsible and conforming bids received. All subcontractor and contract supplier bids shall be opened in the presence of the Owner and the Architect. d) Prepare a detailed approach to phasing of the work, mobilization, logistics, quality control and safety for review and approval by the Owner and Architect. e) Prepare and submit a final Guaranteed Maximum Price (GMP) Proposal for the Owner's optional acceptance reflecting the entire cost, scope of work and the quality intent of the Project before any construction funds are committed. The GMP Proposal shall be supplemented with a complete and detailed breakdown of costs for the entire Project. All construction costs must be clearly defined and included in the GMP Proposal, and as such, allowances for work scope will not be allowed. f) The CM/GC's proposed "self-performed work" shall be documented in the GMP Proposal with a detailed, quantified and unit priced cost estimate. g) Assist the Owner and the Architect as necessary in interfacing with the Building Department and other authorities having jurisdiction over the Project in order to obtain the building permit(s) on a timely basis for the construction activities. The Pre-Construction Services Fixed Fee shall be stated on the CM/GC Fee Proposal Form ("Exhibit B", Item 1) and shall include, as a minimum, the preceding scope of required Pre- Construction Services (Items 3.a through 3.m). Compensation for expenses in connection with the Pre-Construction Services shall be included in the total CM/GC Fixed Fee ("Exhibit B", Item 3), and shall be paid in one lump sum with the first construction pay application. In the event the Project or the CM/GC's services are cancelled for any reason whatsoever, the CM/GC shall be reimbursed for actual verifiable costs incurred during preconstruction phase services up to the amount stated in the Fee Proposal. 4. CONSTRUCTION SERVICES FEE The CM/GC's Construction Services Fixed Fee shall be based in strict accordance with the attached eight (8) page document entitled "CM/GC FEE STRUCTURE." This document shall be attached to the formal Contract Agreement and identified as "Exhibit A." All items checked in the second column identified as "CM/GC Basic Fee" shall be included without exception in Construction Services Fixed Fee. It is specifically intended that all General Conditions costs, CM/GC's field overhead costs, and CM/GC's overhead and profit margin shall be included in the Construction Services Fixed Fee. All General Conditions and General Requirements for the Project with the exception of the cranes & hoisting shall be provided and performed by the CM/GC. Assigning any of these costs to Divisions 2 through 16 direct costs is not acceptable and will penalize your Proposal. Cost reimbursement will not be allowed for General Conditions or General Requirements unless specifically provided in the "CM/GC FEE STRUCTURE." The Construction Services Fixed Fee shall be stated on the CM/GC Fee & Proposal Form ("Exhibit B", Item 2). This Fee will not be subject to reduction through the efforts of the design team via design refinement, or by the CM/GC via value engineering, procurement and construction efforts. Abandonment or a significant reduction in the scope or magnitude of the Project would result in a negotiated reduction of the Fee, however. 5. CONSTRUCTION CHANGE ORDER MARK-UP For Owner directed changes to the scope of the work, the CM/GC shall propose a Percentage Fee for additive change orders to the Guaranteed Maximum Price (GMP) Contract amount. Deductive change orders will be credited only the cost of the work. The Construction Change Order Mark-up shall be stated on the CM/GC Fee Proposal Form ("Exhibit B", Item 4). The Owner and the CM/GC shall mutually negotiate the subcontractor and contract supplier change order mark-ups with the various trades after bids have been received. Specify on the CM/GC Fee & Schedule Proposal Form ("Exhibit B", Item 5), the direct cost "free zone" dollar amount (if any) on Owner directed changes for which CM/GC change order mark-up would be exempt. 6. SCHEDULE The final project schedule is not certain at this time; however, it is the Owner's intent to select the CM/GC by May 11, 2007, and to commence Pre-Financing Services May 14, 2007. It is anticipated that Pre-Construction Services will commence approximately November 12, 2007 (predicated upon either a successful November 6, 2007 election or alternative financing). GMP drawings and specifications will be available approximately April 1, 2008. Presentation of your GMP Proposal to the County and Reilly Johnson Architecture will be on, or about, May 1, 2008. Your GMP proposal is to be reconciled with the RJA/PSI GMP estimate and accepted by the Owner; and contract terms are to be resolved by May 30, 2008. For the purposes of this RFP, construction in expected to commence June 16, 2008. It is anticipated that certain long-lead items may be pre-ordered prior to the construction start date. Under the CM/GC Fee & Schedule Proposal ("Exhibit B", Item 6) state your proposed construction completion time for this Project (in calendar days). 7. BIDDING & CONSTRUCTION CONTINGENCY The CM/GC's contingency shall be used to cover costs of unforeseen job conditions, omissions of the estimate (with the exception of subcontracted work), and discrepancies between subcontractor and supplier scopes of work, which are properly reimbursable as Cost of the Work but are not the basis for a change order. The CM/GC's contingency shall be used with the Architect and Owner's concurrence only, which shall not be unreasonably withheld. Requests for the use of the contingency shall be submitted by the CM/GC within thirty (30) days of the event caused such Cost of Work to be incurred, or as soon as the need is apparent. The CM/GC's contingency shall not be used for repairing or replacement of the Work due to the CM/GC's negligence. The balance of the CM/GC's Contingency which has not been expended for the Project according to the procedures set forth herein shall be refunded entirely to the benefit of the Owner, upon final invoicing. The CM/GC shall also provide the Architect and Owner documented status of the contingency amount on a monthly basis with each payment application. Specify on the CM/GC Fee Proposal Form ("Exhibit B", Item 7), the percentage rate for contingency that you propose to be applied to your Guaranteed Maximum Price. 8. ADDITIONAL PROPOSAL RESPONSE REQUIREMENTS a} Provide an organization chart graphically indicating how your firm would staff and structure the proposed team (both in the field and in the office) during the Pre-Construction and Construction phases. b) Specify on the CM/GC Fee Proposal Form ("Exhibit B", Item 8), the percentage rate that you propose for umbrella and general liability insurance. c) Specify on the CM/GC Fee Proposal Form ("Exhibit B", Item 9}, the percentage rate that you propose for builder's risk insurance. d) Specify on the CM/GC Fee Proposal Form ("Exhibit B", Item 10), the percentage rate that you propose for performance and payment bond. e) Provide a list of the trades that you propose to perform with your own forces on this Project. Disclose and explain any additional mark-up for overhead, profit, fee or other margin you would propose or commonly apply to self-performed labor and materials. Specify this mark-up on the CM/GC Fee Proposal Form ("Exhibit B", Item 11). f) Indicate in your Proposal response how small tools, equipment rental or other similar costs in connection with the CM/GC's "self-performed work" are determined and are proposed to be billed to the Project. g) Provide a detailed line-item cost breakdown of your proposed Construction Services Fixed Fee that clearly illustrates the intent of the CM/GC Fee Structure is entirely included and sufficient for the Project. 9. CONSTRUCTION CONTRACT The Construction Contract will be in the form of Eagle County's, Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee with a negotiated Guaranteed Maximum Price", with such modifications and additions as are mutually agreeable to the Owner and the Contractor. A preliminary template may be provided upon request from Eagle County's Attorney's Office. The General Conditions of the Contract for Construction will be in the form of "AIA Document A201-1997", with such modifications and additions as are mutually agreeable to the Owner and the Contractor. In addition, the Contract Documents will include without limitation: a) The Request for Proposal Document. b) This CM/GC Fee Proposal Special Instructions Document. c) Exhibit A. d) Exhibit B. e) Drawings and Specifications. f) Addenda, clarifications or attachments to the above, deemed reasonable and necessary by the Owner, the Architect and the CM/GC. g) The CM/GC's final Guaranteed Maximum Price Proposal once accepted by the Owner. 10. EXCEPTIONS Note any and all exceptions or qualifications to these Special Instructions, the attached eight (8) page document entitled "CM/GC FEE STRUCTURE" (Exhibit A) and conditions of the Contract for Construction contemplated for the Project. END "Exhibit B" CM/GC FEE & SCHEDULE PROPOSAL FORM (1 page) Eagle County Justice Center Expansion + Remodel Eagle, Colorado May 8, 2007 RESPONDENT (FIRM NAME) Description Proposal 1) Pre-finance Services Fixed Fee $ 2) Preconstruction Services Fixed Fee $ (Refer to Special Instructions, Paragraph 3) 3) Construction Services Fixed Fee $ (Refer to Special Instructions, Pazagraph 4) 3) TOTAL - CM/GC FIXED FEE (1 + 2 + 3) $ 4) Construction Change Order Mark-Up oho (Refer to Special Instruchons, Paragraph 6) 5) Change Order Mark-Up "Free Zone" $ (Refer to Special Instructions, Pazagraph 6) 6) Construction Completion Time Cal Days (Refer to Special Instructions, Paragraph 7) 7) CM/GC's Contingency Rate "~o (Refer to Special Instructions, Paragraph 8) 8) Umbrella & General Liability Insurance Rate (Refer to Special Instructions, Pazagraph 9) 9) Builder's Risk Insurance Rate (Refer to Special Instructions, Pazagraph 9) 10) Performance & Payment Bond Rate (Refer to Special Instructions, Paragraph 9) 11) Self-Performed Work Administrative Mark- up Refer to S cial Instructions Para ra h 9 The respondent acknowledges and agrees that the above stated fees, mark-ups and schedule (as may be subsequently modified by negotiation) shall become conditions of the Contract Agreement. The respondent shall attach a written response on the respondent's letterhead to the CM/GC Fee Proposal Special Instructions Paragraph 9 "Additional Proposal Response Requirements" and Paragraph 10 "Exceptions". Exhibit C Eagle County Justice Center Expansion + Remodel Assumptions to be used in Preparation of CM/GC Proposal 2 pages Schedule Assume that Pre-Financing Services commence May 15, 2007 and complete on, or about, July 13, 200?. Assume that Pre-Construction Services are to commence November 12, 2007. Assume that GMP documents are given to the CM/GC on April 1, 2008. Assume CM/GC's GMP is presented on May 1, 2008. Assume CM/GC GMP reconciled w/ Architect's GMP estimate and accepted by County May 30, 2008. Assume Construction Services commence on June 16, 2008. Construction Phasing DA/Probation Building must remain occupied thru construction of the new Courts Building; and through the remodel of the 10,000 sf vacated by Courts and the 5,000 sf vacated by Sheriff's office in the existing Justice Center. While the Probation Department can move from the DA/Probation Building into the new Courts Building as soon as it is completed, the DA cannot move from the DA/Probation Building into the existing Justice Center until the 10,000 sf is remodeled for Sheriff's Law Enforcement, and until the 5,000 sf currently used for Sheriff's Law Enforcement is then remodeled for DA. The entire Jail must remain operational during construction of the new Addition on West End of Jail, however, the County will consider temporarily closing the Kitchen for its expansion and remodel if it is in the County's best financial interests. The Jail's Vehicle Sallyport must remain operational at all times during construction. Vehicles enter this Sallyport via its West Door and exit via the East Door. During construction of the Tunnel between the Jail and the new Courts Building the drive on the east side of the existing Justice Center may be closed as long as vehicles exiting the Jail's Vehicle Sallyport headed east can make a "U" turn and exit the site to the west. The new Inmate Housing Building addition on the west end of the Jail may be constructed simultaneous with the new Courts building. Demolition of the 5,000 gsf District Attorney/Courts building will occur last, after its tenants - Probation and District Attorney -have been relocated to the new Courts Building and the existing Justice Center respectively. Total Construction Cost Assume total construction cost (value of GMP to be accepted by County on, or before May 30, 2008) will be $33,500,000. This figure is inclusive of the CM/GCs "contingency". The County's contingency shall be held outside this figure. Construction Worker Security Check All construction workers working on the existing Justice Center addition and/or remodels will be required to undergo a NCIC (National Crime Information Computer) check, and consequently, some may be rejected. END Exhibit D Eagle County Justice Center Expansion + Remodel R.JA Pre-Financing Scope of Services 01.16.07. 03.08.07 Revised Page 1 of 2 Part One. Further Development and/or Revision of Space Requirements Detention Center Housing Building Addition Detention Center "Other" Additions Sheriff Law Enforcement for expansion into a portion of space vacated by Courts DA for relocation into a portion of space vacated by Courts New Courts Building per meeting w/ Chief Judge, Chris Yuhas, et al, on 03.05.0 i Part Two. Enhanced Concept Design Civil Engineering Preliminary Grading Plan illustrating: Preliminary grades Drainage and storm water retention/detention Civil Engineering Preliminary Utility Plan illustrating: Existing, new, and relocated underground utilities Architectural Site Plan for the entQe site illustrating Phase One: New Housing Building Addition, and other Additions, to the Detention Center New Courts Building Roadways, Sidewalks, and Parking Floor Plans and Roof Plan (CAD) of the Detention Center illustrating: All walls, doors, windows, plumbing fixtures, and "fixed" furniture in the new Detention Center Housing Building addition Expansion of the Kitchen with preliminary equipment layout Expansion of the Laundry with preliminary equipment layout Location of the new elevator and exit stair on the west end of the new Tunnel connecting the existing Detention Center to the new Courts Building Remodel within the Detention Center to provide corridor access to the new elevator and exit stair associated with the new Tunnel Floor Plans (CAD) for the Re-assignment ofthe space (10,000 sf) vacated by the Courts move to the new Courts Building, illustrating: All interior walls, doors, and plumbing fixtures required for the 2015 "build-out" of the space for the re-assigned uses to Sheriff's Law Enforcement, and District Attorney offices Floor Plans and Roof Plan (CAD) of the new Courts Building illustrating: Basement floor with Tunnel connection, stairs, elevators, mechanical and electrical equipment rooms, possible Records Storage, and parking (if any) Ground Floor with a Space Plan for the Clerk of Courts office, Jury Assembly, 1 large County courtroom "set", and Public Entry/Lobby 2"a Floor with a Space Plan for Probation offices + 1 smaller County courtroom "set" 3`a Floor with 1 large District courtroom "set" + 2 smaller District courtroom "sets" Exhibit D Eagle County Justice Center Expansion + Remodel R,IA Pre-Financing Scope of Services 01.16.07. 03.08.07 Revised Page 2 of 2 Structural Engineering Review of geotechnical investigation report for foundation design Preliminary floor + roof framing plan for Detention Center Housing Addition Preliminary floor + roof framing plan for new Courts Building Exterior Elevations (north, south, east, west): Detention Center Housng Building addition (4 drawings) Courts Building (4 drawings) Building Sections (north-south, east-west): New Housing Building Addition to the Detention Center (2 drawings) New Courts Building (2 drawings) Mechanical and Electrical systems narrative for: Detention Center Housing Building addition Remodel of the 10,000 sf vacated by Courts in the Justice Center New Courts Building Court Technology narrative describing: Evidence display Audio recording and sound amplification Security Electronics narrative for the DC Housing Building addition, describing: Door controls/door position switches Cameras (type and location) Camera monitors (type and location) Security Electronics narrative for the Courts Building describing systems for: Screening individuals and their "packages" at the Public Entry/Lobby Camera locations throughout the facility/Camera monitor locations Location of duress buttons/alarms Part Three.Preparation for, Submittal of, and Attendance at Height Variance Request Knight Planning Services/Eagle Reilly Johnson Architecture Part Four. Construction Cost Estimating for Phase One Preparation of construction cost estimate by RJA Team Meetings, RJA estimate review and critique by CM/GC Revisions to RJA estimate Part Five. Cost Modeling Total Project Cost Model for Phase 1. Similar to Cost Model 4, dated 01.02.07 Annual Operating Cost Model for Detention Center Annual Operating Expense Estimate for new Courts Building Part Six. Preparation of the Final Report Preparation of 1st Draft Report for submittal to County for review Preparation of 2"d Draft Report for submittal to County for approval Minor revisions to 2"d Draft Report, and Final Printing Delivery of 12 copies of the Final Report to County END "EXHIBIT A" CM/GC FEE STRUCTURE Eagle County Justice Center Expansion + Remodel Eagle, Colorado o ~ ,~~, o ' m ~ n ~ y ~ m eepn ~ e'o o a o 3 y c n .. o, o ~ Sao ~ moo ~ ~* c g o, Z ~ A. PROJECT MANAGEMENT 1. Architectural Consultant Selection x 2. Civil Consultant Selection x 3. Structural Consultant Selection x 4. Mechanical Consultant Selection x 5. Electrical Consultant Selection x 6. S ecial Consultant Selection x 7. Review Desi n Conce is x x 8. Develo Bid Packa es x x 9. Site Use Recommendations x x 10. Material Selection Recommendations x x 11. Buildin S stems Recommendations x x 12. Buildin E ui ment Recommendations Movable x x 13. Buildin E ui ment Recommendations Fixed x x x 14. Coordinate Owner-Su lied Fixed E ui ment x x x 15. Coordinate Owner-Su lied Movable E ui ment x x 16. Construction Feasibili Recommendations x 17. Construction Schedulin Recommendations x 18. Life C cle Costin Anal sis x 19. Informal Value En ineerin x 20. Formal Value En ineerin x 21. Ener Use Anal sis & Recommendations x 22. Labor Availabili Review Subcontractors x 23. Material Availabili Review x 24. E ui ment Availabili Review x 25. Subcontractor Availabili Review x 26. Construction Lo istical & Execution Plan x B. PROJECT COST CONTROL 1. Total Pro~ect Cost Bud et x x x 2. Construction Cost Bud et x 3. Schematic Desi n Cost Estimate x 4. Guaranteed Maximum Price Cost Estimate x 5. GMP Pro osal x 6. Bid Packa a Estimates x 7. Construction Cash Flow Pro'ections Monthl x x 8. Material Surve s & Trade Contractor Estimates x 9. Set-U Cost Accountin x 10. Set-U Re ortin Methods x 11. Set-U Pa ment Procedure x 12. Set-U Chan a Order Procedure x 13. Pre are Chan a Order Cost Estimates x 14. Veri Correctness of Quantities & Prices of All COs x 15. Continued Pro~ect Cost Monitorin x Page 1 of 8 "EXHIBIT A" CM/GC FEE STRUCTURE Eagle County Justice Center Expansion + Remodel Eagle, Colorado ~ c ~ ~ .r'~, o ~ ~ ~ ~ n ~° ci m A ~ ~ ~ ~ fl, 3 y _v, ~ y o, o ~ moo ~ ~ " c 3 ~ z n C. PROJECT SCHEDULING 1. Preconstruction Activi Schedule Bar Chart x 2. Construction Activi Schedule CPM Set-U x 3. Const Activi Schedule w/Milestones CPM U dates x 4. Sho Drawin & Submittal Schedule /Procedure x 5. Mock-U Schedule & Procedure x 6. Short-Interval Schedules x 7. Occu anc Schedules x D. SUBCONTRACTOR SELECTION /PURCHASING 1. Set Pre ualification Criteria x 2. Recommend Subcontractor Selection Methods x 3. Recommend Subcontractor Award Methods x 4. Develo Subcontractor Interest x 5. Pre are Biddin Schedules x 6. Issue Plans, S ecificatiions & Addenda x 7. Receive Bids x 8. Anal ze Bids x 9. Recommend Award x 10. Determine Local Man ower Availabili x 11. Pre are Subcontracts & Su tier Contracts x 12. Pre are Chan a Orders x 13. Veri Correctness of Quantities & Prices of All CO's x 14. Coordinate Owner-Su lied Fixed E ui ment x E. CONTRACT DOCUMENT COORDINATION 1. Constructibili Review 8~ Recommendations x 2. Res onsibili For Tem ora Facilities x 3. Review For Jurisdictional Overla x 4. Review For Inclusion of All Work x 5. Review For Ade uatel Phased Construction x 6. Identi Lon -Lead Items x 7. Identi Commodi Shorta es x 8. Review For Installation of Owner Su lied Fixed E ui x 9. A 1 For Buildin Permits x 10. Obtain Buildin Permits x F. GENERAL CONTRACTOR OFF-SITE STAFF ~ SERVICES 1. Cor orate Executives x x 2. Princi al In Char e x x 3. Pro'ect Executive x x 4. O erations Mana er x x 5. Construction Mana er x x 6. Pro'ect Mana er x x 7. Pro'ect En ineer x x Page 2 of 8 "EXHIBIT A" CM/GC FEE STRUCTURE Eagle County Justice Center Expansion + Remodel Eagle, Colorado ~ ~ ~ ~ ~. m ~ ~ 3 n ~° ~ A e~ ~ ' ~ ~ ~, ~: ~ ~' c `D ~ q ~, ~ o ~ moo ~ ~ c r. z ~ 8. Mechanical & Electrical Coordinator x x 9. Safe Mana er /Field Audit x x 10. EEO Officer x x 11. Human Resources x x 12. Secretarial x x 13. Preconstruction Services x x 14. Pro'ect Estimatin x x 15. Pro~ect Accountin ~ x x 16. Pro~ect Data Processin x x 17. Pro'ect Schedulin x x 18. Pro'ect Purchasin x x 19. Basic Le al Services x x 20. Home Office O eratin Ex enses x x 21. Benefits for Above Personnel x x 22. Vacations for Above Personnel x x 23. Bonuses for Above Personnel If An x x G. GENERAL CONTRACTOR ON-SITE STAFF & SERVICES 1. Pro~ect Mana er s x 2. Pro~ect Su erintendent s x 3. Assistant Su erintendent s x 4. Pro'ect En ineer s x 5. Field En ineer s x 6. Mechanical & Electrical Coordinators x 7. Quali Control En ineer As Re uired x 8. Pro'ect Assistant /Clerk / T ist As Re uired x 9. Safe En ineer As Re uired x 10. Field Accountin x 11. Data Processin x 12. Field En ineerin & La out x 13. Re istered Surve or As Re uired x 14. Securi Guard /Watchman Service x 15. Ground Trans ortation As Re uired x 16. Airline Trans ortation As Re uired x 17. Meals & Lod in As Re uired x 18. Personnel Movin & Relocation Ex ense x 19. Personnel Subsistance Costs x 20. Benefits for Above Personnel x 21. Vacations for Above Personnel x 22. Bonuses for Above Personnel If An x H. QUALITY CONTROL /WARRANTY 1. Im lement & Submit Construction Quali Control Plan x 2. Quali Control Res onsibili x 3. Quali Control Ins ection Res onsibili x Page 3 of 8 "EXHIBIT A" CM/GC FEE STRUCTURE Eagle County Justice Center Expansion + Remodel Eagle, Colorado ~ c 2 ~• m e~D ~ ~ y ~ ~ t7 ~ ~ o fl, ~ H c ~ ~ y o, o ~ oo ~ ; W ~ ~ ~' z ~ 3 o, z n 4. Field Ins ector x 5. Ins ector's Office x 6. Ins ector's Trans ortation x 7. Ins ector's E ui ment x 8. Testin & Ins ections x 9. S ecial Ins ection Consultants x 10. S ecial Testin Consultants x 11. Concrete Testin x 12. Mason Testin x 13. Com action Testin x 14. Weldin Testin x 15. Soils Investi ations / Geotechnicial Re orts x 16. Environmental Testin x 17. Environmental Ins ection x 18. Environmental Cleanu Coordination !Govt Document x 19. S ecial Testin Services x 20. Pro'ect Pro ress Photo ra hs x 21. Warran Ins ections Coordination x 22. Air & Water Balancin x 23. O erator On-Site Trainin x 24. Pre are O eration Manuals x 25. Pre are Maintenance Manuals x 26. Pre are Preventive Maintenance Manual x 27. Dru Testin & Screenin Field Personnel x 28. Warran Ins ections Coordination x 29. Warran Service Cost Reserves x 30. Pre are Punch Lists x 31. A rove Punch Lists x x I. TEMPORARY FACILITIES 1. Tem ora Field Office Facili x 2. Field Office Furniture & E ui ment x 3. Field Office Co ier s x 4. Field Office Fax Machines x 5. Field Office Com uter s & Software x 6. Field Office Su lies x 7. CM/GC's Stora a Trailers /Sheds x 8. Field Office E ui ment Maintenance & Re airs x 9. Architect / En ineer Tem ora Office x 10. Pro'ect Sin x 11. Directional / Warnin Si ns x 12. Bulletin Boards x 13. Potable Drinkin Water /Ice / Cu s x 14. Tem ora Toilets / Sanita Sewer x 15. Tem ora Construction Fencin x Page 4 of 8 "EXHIBIT A" CM/GC FEE STRUCTURE agle County Justice Center Expansion + Remodel Eagle, Colorado ~ c 2 r0., ~ ~ 3 ~ ~ N i7 ~ ~ ~ 1 ~ O G. ~ w v n K .~ O~ o " moo ~ Sao ~ n '~ c g ,~ ~ O z n 16. Barricades x 17. Covered Walkwa s x 18. Safe E ui ment x x 19. First Aid Station & Su lies x 20. Handrails /Toe Boards / O enin Protection x 21. Safe Nets x 22. Tem ora Stairs x 23. Fire Extin uishers x 24. Fla man /Traffic Control x 25. Job Haulin Char es x J. TEMPORARY UTILITIES 1. Tem Tele hone Install E ui ment & Monthl Fee x 2. Tele hone Ex ense Lon Distance Char es x 3. Tele hone Ex ense Internet Char es x 4. Cellular Phone Char es x 5. Arch / En r Tele hone Char es Local Calls x 6. Tem ora Electrical Service /Distribution x 7. Tem ora Electrical Wirin & Li htin x 8. Li htbulbs &Tem Electrical Maintenance x 9. Electrical Power Consum tion Ex ense x 10. Tem ora Water Service /Distribution x 11. Tem ora Water Consum tion Ex ense x 12. Tem ora Gas Service /Distribution x 13. Tem ora Gas Service Consum tion Ex ense x 14. Tem ora Heatin Service Permanent S stem x K. CLEAN-UP 1. Dail Clean-U x 2. Final Clean-U x 3. Final Glass Cleanin x 4. Debris Haulin /Removal x 5. Trash Chutes x 6. Trash Dum sters x 7. Dum Permits & 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. Tem ora Enclosures Buildin s x 4. Tem ora Weather Protection for Sub Trades x 5. Tem ora Heatin for Sub Trades x 6. Tem ora Field Office Heatin Ener Cost x 7. Fuel Cost for Heatin Permanent Heat S stem x Page 5 of 8 "EXHIBIT A" CM/GC FEE STRUCTURE Eagle County Justice Center Expansion + Remodel Eagle, Colorado o c ~ ~ C .'n ~ g ~ n ~° y ~ ~ ~ ~ n O ~ y v ~ o y r. o ~ ono ~ 'er, ~ D' c, rt fD n c g o 7 .+ z n 8. Permanent Heat S stem Filter Re lacement x 9. Maintenance Cost Permanent Heat S stem x 10. Warran Cost Permanent Heat S stem x M. ON-SITE EQUIPMENT /HOISTING 1. Automobiles & Fuel x 2. Pick-U Trucks & Fuel x 3. Tires & Maintenance Cost for CM/GC E ui ment x 4. Hoistin E ui ment & Fuel x 5. Mobile Cranes x 6. Material/Personnel Hoists x 7. Crane & Hoist O erator s x 8. Tem ora Elevator Cab Protection x 9. Tem ora Elevator Maintenance Char es x 10. 2-Wa Radio E ui ment x N. SMALL TOOLS 8~ EXPENDABLE SUPPLIES 1. Small Tools CM/GC's Onl x 2. Ex endable Su lies CM/GC's Onl x O. LEED CERTIFICATION 1. MR2.1 Const Waste Mana ement, Salva a or Rec cle 50% x 2. MR2.2 Const Waste Mana ement, Salva a Additional 25% x 3. MR5.1 Local/Re Tonal Materials, 20% ManufacturedLocall x 4. MR5.2 Local/Re Tonal Materials, 10% Harvested Locall x 5. IAQ3.1 Construction IAQ Mana ement Plan, Const x 6. IAQ4.1 Low-Emittin Materials, Adhesives & Sealants x 7. IAQ4.2 Low-Emittin Materials, Paints x 8. IAQ4.3 Low-Emittin Materials, Car et x 9. IAQ4.4 Low-Emittin Materials, Com osite Wood x P. DOCUMENT REPRODUCTION I PRINTING 1. Cost Stud Drawin s & S ecifications x 2. Bid Packa a Drawin s & S ecifications x 3. Construction Drawin s & S ecifications 40 Sets x 4. Subcontractor / Su tier Pre uglification Forms x x 5. Biddin Instructions x x 6. Posta e & Ex ress Delive Costs x x 7. Subcontract & Su tier Contract A reement Forms x x 8. Sho Drawin Re roduction x 9. Printin & Du lication Ex ense Miscellaneous x x 10. As-Built Documents Mark-u s 8~ Recordin x 11. As-Built Documents Com uter Aided Draftin x 12. As-Built Documents Printin x 13. Maintenance Manuals From Subs x Page 6 of 8 "EXHIBIT A" CM/GC FEE STRUCTURE agle County Justice Center Expansion + Remodel Eagle, Colorado ~ c ~ ~ C o ~ N 3 ~ n ~ y ~, ~ ~ ~ ~, n O ~: ~ y v ~ o y r- o ~ moo ~ ~ moo ~ ~ !7 c g o ,.y ,~ z n 14. O eration Manuals From Subs x 15. Estimatin Forms x x 16. Schedule Re ort Forms x x 17. Accountin Forms x x 18. Field Re ortin Forms x 19. Cost Re ortin Forms x 20. S ecial Forms x x Q. INSURANCE 8~ BONDS 1. Builder's Risk Insurance x 2. Builder's Risk Deductable x 3. S ecial Insurance -Earth uake x 4. S ecial Insurance -Fire x 5. S ecial Insurance -Flood x 6. S ecial Insurance -Machine & E ui ment x 7. General Liabili Insurance x 8. Umbrella Liabili Insurance x 9. Excess Liabili Insurance x 10. Com leted Products Insurance x 11. Professional Liabili Insurance x 12. Workman's Com ensation Insurance CM/GC's Onl x x 13. FICA /Medicare Insurance CM/GC's Onl x x 14. Federal Unem to ment Insurance CM/GC's Onl x x 15. State Unem to ment Insurance CM/GC's Onl x x 16. Performance Bond x 17. Pa ment Bond x 18. Subcontractor & Su tier Bonds x R. PERMITS 8 FEES 1. Foundation Permit x 2. Su erstructure Permit x 3. Buildin Permit General x 4. Mechanical Buildin Permit x 5. Electrical Buildin Permit x 6. Plan Check Fees x 7. Street Use Permit x 8. Curb 8~ Gutter Permit x 9. Sidewalk Permit x 10. Landsca a Permit x 11. Street /Curb Desi n Char e x 12. Si n Permits x 13. Site Draina a Stud x 14. Site Draina a Permit x 15. Utili Develo ment Fees x 16. Plant Investment Fees x Page 7 of 8 "EXHIBIT A" CM/GC FEE STRUCTURE Eagle County Justice Center Expansion + Remodel Eagle, Colorado ~ c ~ ~ o ~ ~ n ~ n ~° m ~ ~ ~ ~ ~, ~ a ~ ~ ~" _v, ~ ~ ° o~ ~ ~ ao ~ ~ ao ~ ~ ~ '. z °. g ° ,~ ~ 17. Electrical Prima Construction Fee x 18. Water Service Construction Fee x 19. Gas Service Construction Fee x 20. Water Ta Ins ection Fee x 21. Sanita Ta Ins ection Fee x 22. Storm Ta Ins ection Fee x 23. S ecial Ta Fees x 24. Contractor's Licenses x x 25. Zonin Fees x 26. Construction E ui ment Licenses x 27. Construction E ui ment Permits x S. OTHER COSTS 1. Sales & Use Taxes As Re uired x 2. Construction Labor Costs x 3. Construction Material Costs x 4. Construction E ui ment Costs x 5. Cost of Desi n & En ineerin x 6. A/E Cost for Bid Packa es x 7. Prelimina Soils Investi ation x 8. Title / Develo ment Cost x 9. Land Costs x 10. Financin /Interest Cost x 11. Interim Financin Costs x 12. Buildin O eration After Move-In x 13. Buildin Maintenance After Move-In x 14. FF&E Coordination Services x 15. Owner Movin Transition Manual x 16. Owner Movin Costs x 17. GMP Financial Res onsibilities x 18. Preconstruction Services x 19. Construction Mana ement Services x 20. Guaranteed Maximum Price Pro osal x 21. Weelk Pro~ect Team & Subcontractor Meetin s x 22. Weelk Pro'ect Meetin Minutes & Distribution x 23. CM1GC Overhead Cost x x 24. CM/GC Profit & Mar in x x Page 8 of 8 EXHIBIT CM/GC FEE & SCHEDULE PROPOSAL FORM (1 page) Eagle County Justice Center Expansion + Remodel Eagle, Colorado Updated July 22, 2008 RESPONDENT (FIRM NAME) FCI Constructors, Inc. Description Proposal 1) Pre-finance Services Fixed Fee $ 0.00 2) Preconstruction Services Fixed Fee $ 75,000.00* (Refer to Special Instructions, Paragraph 3) 3) a. Construction Services Fixed Fee $ 2,982,448.00 (Refer to Special Instructions, Paragraph 4) 3) b. TOTAL - CM/GC FIXED FEE (1 + 2 + 3) $ 2,982,448.00 4) Construction Change Order Mark-Up 7.0 % (Refer to Special Instructions, Paragraph 6) 5) Change Order Mark-Up "Free Zone" $ 660,000.00 (Refer to Special Instructions, Paragraph 6) 6) Construction Completion Time 730 Cal Days (Refer to Special Instructions, Paragraph 7) 7) CM/GC's Contingency Rate 3.0 (Refer to Special Instructions, Paragraph 8) 8) Umbrella & General Liability Insurance Rate ,40 (Refer to Special Instructions, Paragraph 9) 9) Builder's Risk Insurance Rate Contract ! 100 * .015 * Duration (Refer to Special Instructions, Paragraph 9) 22000000/100*.015*24 = 79200 10) Performance & Payment Bond Rate ,54 (Refer to Special Instructions, Paragraph 9) 11) Self-Performed Work Administrative Mark- up 7.0 (Refer to S ec~al Instructions, Paza r h 9 The respondent acknowledges and agrees that the above stated fees, madc-ups and schedule (as may be subsequently modified by negotiation) shall become cord~tions of the Contract Agreement. The respondent shall attach a written response on the respondent's letterhead to the CM/GC Fee Proposai Spec~ai Instructions Paragraph 9 "Additional Proposal Response Requirements" and Paragraph 10 "Exceptions". *Fee shall be waived if crnstruction of the project is awarded to FCI. Therefore, the total Pre-Construction fee will be as shown in item #3 Eagle County Justice Center FEE BREAKDOWN -Revised FCI Constructors, Inc. ~9~: SF =Square (root LS =Lump Sum LF =Lineal Foot EA =Each WIGS =Weeks MO =Month NJR =Not Reqwred INC =Included BREAKDOWN OF CONSTRUCTION SERVICES FIXED FEE PEIEXHIBIT A Quantity Unit Material Umt Tota{ Equrp/ Sub Unk Total EgwplSub Labor Unit Total Labor Total GC's Cost Materials ost ost inct urden B PROJECT COST CONTROL 7 COrISWCtiOn Cash Flow Pro/ecbons (Monthly) INC $ _ $ _ $ _ $ _ 9 Set-Up Cost Accounting INC $ - $ _ $ _ $ _ 10 Set-Up Reporting Methods INC $ - $ _ $ _ $ _ 11 Set-Up Payment Procedure INC $ - $ _ g _ $ _ 12 Set-Up Change Order Procedure INC $ - $ _ $ _ $ _ 13 Prepare Change Order Cost Estimates INC $ - $ - $ - $ - 14 Verify Correctness of Quantities and Prices of all COs INC $ - $ _ $ _ $ _ 15 Continued Pro/ect Cost Monitoring INC $ - $ _ g _ $ _ C PROJECT SCHEDULING 3 ConsWCtion Acfiwty Schedule W/Milestones (CPM Updates) INC $ - $ _ $ _ $ _ 4 Shop Drawing & Submittal Schedule/Procedure INC $ - $ _ $ _ $ _ 5 Mock-Up Schedule 8 Procedure INC $ - $ _ $ _ $ _ 6Short-Interval Schedules INC a - $ - $ - $ - 7 Occupancy Schedules INC $ - $ - S - $ - D SUBCONTRACTOR SELECTION/PURCHASING 11 Prepare Subcontracts and Supplier ConVacts INC $ _ $ _ $ _ $ _ 12 Prepare Change Orders INC $ - $ _ $ _ $ _ 13 Verify Correctness of Quantities and Prices of all COs INC $ - $ - a - $ - 14 Coordinate Owner-Supplied Fixed Equipment INC $ - $ _ _ a _ $ F GENERAL CONTRACTOR OFFSITE STAFF & SERVICES 1 Corporate Executives INC $ - $ - a - $ - 2 Principal In Charge INC $ - $ _ $ _ $ _ 3 Pro/ed Executive INC $ - $ _ $ _ g _ 4 Operations Manager INC $ _ $ - $ - $ - 5 Construction Manager INC $ - $ _ $ _ $ _ 6 Pro/ed Manager INC $ - $ - $ - $ - 7 Protect Engineer(s) INC $ - $ _ $ _ $ _ 8 Mechanical & ElecUical Coordinator INC $ - $ _ $ _ $ _ 9 Safety Manager/Field Audit INC $ - $ _ $ _ $ _ 10 EEO Officer INC $ - $ - a - $ - 11 Human Resources INC $ - $ _ $ _ $ _ 12 Secretarial INC $ - a - $ - $ - 13 Preconstruction Sernces INC $ - $ _ $ _ $ _ 14 Protect Estimating INC $ - $ _ $ _ $ _ 15 Project Accounting INC $ - $ _ $ _ $ _ 16 Pro/ect Data Processing INC $ - $ _ $ _ $ _ 17 Project Scheduling INC $ - $ _ $ _ $ _ Page 1 of 5 Eagle County Justice Center FEE BREAKDOWN -Revised FCI Constructors, Inc. ~~~ SF =Square Foot LS =Lump Sum LF =Lineal Foot EA =Each WKS =Weeks MO =Month N/R =Not Required INC =Included BREAKDOWN OF CONSTRUCTION SERVICES FIXED FEE PEIEXHIBIT A Quantity Urnt Material Uni Total Equip/ Sub Umt Total Equip/Su Labor Unit Total Labor Total GC's Cost Materials Cost ost ind. urden 18 Proled Purdrasin9 INC $ - _ $ _ $ _ $ 19 Basic Legal Services INC $ - $ _ $ _ $ _ 20 Home Office Operating Expenses INC $ - $ _ $ _ $ _ 21 Benefits for Above Personnel INC $ - $ _ $ - $ _ 22 Vacations for Above Personnel INC $ - $ _ $ _ $ _ 23 Bonuses for Above Personnel (if any) {NC $ - $ $ _ $ _ G GENERAL CONTRACTOR ONSITE STAFF S SERVICES 1 Project Manager INC $ - $ - $ - $ - 2 Protect Supenntendents 103 WKS $ - $ - $ 2,856. $ 294,739.2 $ 294,739 2 3 Assistant Supenntendent - 103 WKS $ - $ - $ 2,184. $ 225,388. $ 225,368. 4 Proled Engineer 103 WKS $ - _ $ $ 1,848. $ 190,713. $ 190,713. 5 Field Engineer WKS $ - $ _ $ _ $ _ 6 Mecharncal & Electrical Coordinator IN G.4 $ - $ _ $ _ $ _ 7 Quality Control Engineer (as required) IN G.4 $ - $ _ $ _ $ _ 8 Protect Assistant /Clerk/ Typist (as required) IN G.4 $ _ $ _ $ _ g _ 9 Safety Engineer (as required) IN G.5 $ - $ $ _ $ _ 10 Field Accounting N/A $ _ _ $ _ $ $ - 11 Data Processing INC $ _ _ $ _ $ a - 12 Field Engineering & layout 1 LS $ - $ 19,500 $ 19,500. $ - $ 19,500. 13 Registered Surveyor (as required) N/A $ - $ - $ - $ - 14 Secunty Guard/Watchman Sernce MO $ - $ - $ _ $ _ 15 Ground Transportation (as requred) INC $ - $ - $ - $ - 16 ariine Transportation (as required) INC $ _ $ - $ _ $ _ 17 Meals 8 Lodging (as required) 24 MO $ 5,000.0 $120,000. $ - $ - $ 120,000. 18 Personnel Mowng & Relocating Expense 1 LS $ 1,000.0 $ 1,000. $ - $ _ $ 1,000, 19 Personnel Subsistence Costs 103 WKS $ 525. $ 54,180. $ - $ _ $ 54,180. 20 Benefits for Above Personnel INC $ - $ - a - $ - 21 Vacations for Above Personnel INC $ - $ _ $ _ $ _ 22 Bonuses for Above Personnel (if any) INC $ - $ - $ - $ - H QUALITY CONTROL/WARRANTY 2 Quality Control Responsibility INC $ - $ _ $ _ $ _ 20 Profed Progress Photographs 24 MO $ 60.0 $ 1,440. $ $ _ $ 1,840, 21 Warranty Inspections Coordinatlon INC $ - $ - $ - $ - 28 Warranty Inspections Coordination INC $ - $ - $ _ $ _ 29 Warranty Service Costs Reserves INC $ _ $ _ $ _ $ _ 3o Prepare Punch List INC $ - $ - a - a - 1 TEMPORARY FACILITIES 1 Temporary Field Office Faality 24 MO $ 650.0 $ 1,000 0 S 24,000. $ - $ 24,650. 2 Field Office Furniture 8 Equipment INC a - $ - $ - $ - Page 2 of 5 Eagle County Justice Center FEE BREAKDOWN -Revised FCI Constructors, Inc. ~~~ SF =Square Foot LS =Lump Sum LF =Lineal Foot EA =Each WKS =Weeks MO =Month N/R =Not Regwred INC = Irxluded REAKDOWN OF CONSTRUCTION SERVICES FIXED FEE PEIEXHIBIT A Quantity Unit Matenal Uni Total Equip/ Sub Unit Total Equip/Su Labor Unit Total Labor Total GC's Cost M terial Cost Cost in en 3 Field Office Copier 24 MO $ - $ 200 $ 4,800. $ - $ 4,800. 4 Field Office Fax Machine 24 MO $ - $ 40.0 $ s60. $ - $ s6o. 5 Field Office Computer ri Software -2 ea. ~ 5310.00 / MO 24 MO $ - $ 620.0 $ 14,880. $ - $ 14,880. 6 Field Office Supplies 24 MO $ 150. $ 3,800. $ - $ _ $ 3800, 7 CM/GC's Storage TraderslSheds 24 MO $ - $ 450. $ 10,600. $ - $ 10,800. 8 Field Office Eqwp Maintenance/Repairs INC $ - $ - $ - $ - 9 Arch/Engineer Temporary Office MO $ - $ - a - $ - 10 ProtedSign 2 EA $ 7500 $ 1,500. $ - $ 168. $ 336. $ 1,836. 11 Directional Warning Signs 1 LS $ 550 $ 550. $ - $ _ $ ~0, 12 Bulletin Boards INC $ - $ - $ - $ - 13 Potable Drinking Waterllce/Cups 24 MO $ 200.0 $ 4,800. $ - $ _ $ b,g00, 14 Temporary Toilets/Sanitary Sewer 24 MO $ 510 $ 12,240. $ - $ - $ 12,240. 15 Temporary Construction Fenang J500 LF ~ $5 / 10' / MO 24 MO $ - $ 1,750 0 $ 42,000. $ - $ 42,000. 16 Barricades WA $ - $ - $ - $ - 17 Covered Walkways 1 LS $ 6,500.0 $ 6,500. $ - $ 4,000.0 $ 4,000. $ 10,500. 18 Safety Eqwpment 24 MO $ 450. $ 10,800. $ - $ 450.0 $ 10,800. $ 21,600. 19 FirstiUd Station & Supplies 24 MO $ 50. S 1,200. $ - $ - $ 1,200. 20 Handra0s/fce Boards/Opening Protection INC $ - $ _ $ _ $ 21 Safety Nets N/R $ - $ - $ _ $ _ 22 Temporary Stairs 4 MO $ - $ 1,100. $ 4,400. $ - $ 4,400. 23 Fire Extingwshers INC $ - a - $ - $ - 24 Flagman/Trafic Control 1 LS $ - $ 1,500. $ 1,500. $ - $ 1,500. 25 Job Hauling Charges 1 LS $ 2,000. $ 2,000. $ 5,000. $ 5,000. $ 4,000.0 $ 4,000. $ 11,000. J TEMPORARY UTILITIES 1 Temp Telephone Install Equip 8 Monthly Fee 24 MO $ - $ 200.0 $ 4,600. $ - $ 4,800. 2 Telephone Expense (Long Distance Charges) 24 MO $ 500. $ 12,000. $ - $ - $ 12,000. 3 Telephone Expense (Internet Charges) 24 MO $ 75.0 $ 1,800. $ - $ - $ 1,800. 4 Cellular Phone Charges 24 MO $ 250 0 $ 6,000. $ - $ - $ 6,OOp. 9 Electoral Power Consumption Expense 24 MO $ 550. $ 13,200. $ - $ - $ 13,200. 11 Temporary Water Consumption Expense 6 MO $ 150.0 $ soo. $ - $ - $ soo. 13 Temporary Gas Service Consumption Expense 10 MO $ 150.0 $ 1,500. $ - $ - $ 1,500. K CLEAN UP 1 Daity Clean UP 24 MO $ 150 0 S 3,600. $ - $ 1,800. $ 43,200. $ 48,800. 2 Final Clean Up 82000 SF $ - $ 0.5 $ 48,000. $ - $ 48,000. 3 Final Glass Cleaning IN K2 $ - $ _ $ _ $ _ 4 Debris Hauling Removal INC $ - $ _ $ _ $ _ 5 Trash Chutes N/R $ - $ _ $ _ $ _ 6 Trash Dumpsters INC $ - $ - $ - $ - 7Dump Permits & Fees 1 LS $ 35,000. $ 35,000. $ - $ - $ 35,000. 8 Dust Control 1 LS $ 3,500.0 $ 3,500. $ 4,320. $ 4,320. $ - $ 7,820. Page 3 of 5 Eagle County Justice Center FEE BREAKDOWN -Revised FCI Constructors, Inc. SF =Square Foot LS =Lump Sum LF =Lineal Foot EA =Each WKS =Weeks MO =Month N/R =Not Required INC =Included BREAKDOWN OF CONSTRUCTION SERVICES FIXED FEE PEIEXHIBIT A Quantity Umt Matenal Uni Totai Equip/ Sub Unit Total Equip/Su Labor Unit Total Labor Total GC's Cast aterials Cost Cost md. urden L WEATHER PROTECTION/TEMPORARY HEATING t Remove Snow 8 Ice (Site) 1 LS $ 2,500. $ 2,500. $ 8,100.0 $ 8,100. $ 3,500.0 $ 3,500. $ 14,100. 2 Remove Snow & Ice (Buildm9) 1 LS $ 1,750.0 $ 1,750. $ - $ 1,500.0 $ 1,500. $ 3,250. 3 Temporery Enclosures (Bwlding) 1 LS $ 7,500 $ 7,500 _ $ $15,000.0 $ 15,000. $ 22,500. 5 Temp Heating for Sub Trades (Fuel Consumption for interior only) 1 LS $ 35,000.0 $ 35,000. $ - $ - $ 35,000. 6 Temporary Field Office Heating Energy Cost INC $ - $ _ $ _ $ _ 7 Fuel Cost for Heating (Permanent System) 10 MO $ 400.0 $ 4,000. $ - $ - $ 4,000. M ONSITE EpUIPMENT /HOISTING t Automobile(s) and Fuel NJA $ - $ _ $ _ $ _ 2 Pickup Truck(s) and Fuel -2EA ~ 5525 / MO 24 MO $ 2,400.0 $ 57,600. $ 1,050.0 $ 25,200. $ - $ 82,800. 3 Tires & Maintenance Cost for CM/GC Equipment 24 MO $ 150 0 $ 3,600. $ _ $ _ $ 3,60D. 10 2-Way Radio Equpment 24 MO $ - $ 150. $ 3,sao. $ - $ 3,600. N SMALL TOOLS 8 EXPENDABLE SUPPLIES 1 Small Tools (CM/GCs only) 1 LS $ 7,500 0 $ 7,500. $ _ $ _ $ 7,500. 2 Expendable Supplies (CM/GCs only) INC $ - $ _ $ _ $ _ P DOCUMENT REPRODUCTION AND PRINTING 4 Subcontractor/Supplier Prequel Fortes INC $ _ $ _ $ _ $ _ 5 Bidding Instructions INC $ - $ _ $ _ $ _ 6 Postage 8 Express Delivery Costs 1 LS $ 5,500. $ 5,500. $ - $ - $ 5,500, 7 Sub 8 Supplier Contract Agreement Fortes INC $ _ $ _ $ _ $ _ 8 Shop Drawing Reproduction 1 LS $ 5,000. $ 5,000. $ - $ - $ 5,000. 9 Printing & Duplication Expense (Misc) 1 LS $ 1,500. $ 1,500. $ _ $ _ $ 1,500, 10 As-Built Documents (Mark-ups 8 Recording) INC $ - $ _ $ _ $ _ 15 Estimating Forms INC $ - $ _ $ _ $ _ 16 Schedule Report Fortes INC $ - $ _ $ _ $ _ 17 Accounting Forms INC $ - $ _ $ _ $ _ 18 Field Reporting Fonns INC $ - $ _ $ _ $ _ 19 Cost Reporting Forms INC $ _ $ _ $ _ $ _ 20 Speaal Fonns INC $ _ $ _ $ _ $ _ O INSURANCE & BONDS 12 Worker's Compensation Insurance (CM/GCs only) INC $ _ $ _ $ _ $ _ 13 FICA/Medicere Insurance {CM/GCs on{y) INC $ _ $ _ $ _ $ _ 14 Federal Unemployment Insurance (CM/GCs only) INC $ - $ _ $ _ $ _ 15 State Unemployment Insurance (CM/GCs onry) INC $ _ $ _ $ _ $ _ R PERMITS AND FEES 24 Contractor's Licenses INC $ _ $ _ $ _ $ _ Page 4 of 5 Eagle County Justice Center FEE BREAKDOWN -Revised FCI Constructors, Inc. L n: SF =Square Foot LS =Lump Sum LF = LmealFoot EA =Each WKS =Weeks MO = Montfi N/R =Not Requved INC =Included REAKDOWN OF CONSTRUCTION SERVICES FIXED FEE PE~XHIBIT A Quantity Unit Matenal Uni Total Egwp/Sub Unit Total Equip/Su Labor Unit Total Labor Cost Materials Cost ost ind. urden otal GC's S OTHER COSTS 19 ConsWCtion Management Services INC $ - $ - $ _ $ _ 21 Weekly Proled Team & Subcontractor Meetings INC $ _ $ _ $ $ 22 weekty Proieet Meeting Mmufes & DrslnbuUon INC $ - $ _ $ _ $ _ 23 CM/GC Overhead Cost- BASED ON S22m 1 LS $ - $ 1,540,000. $ 1,540,000, $ - $ 1 S40 000 24 CM/GC Profit 8 Margin INC ABOVE $ - $ _ _ $ $ _ - ~, Page 5 of 5