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HomeMy WebLinkAboutC09-187 Fee Construction Agreement R.A. Nelson and ECATr; i' r ~ COST - PLUS - FEE CONSTRUCTION AGREEMENT BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION AND R.A. NELSON THIS AGREEMENT is made this;~ day of June, 2009, by and between the Eagle County Air Terminal Corparation, a nonprofit corporation of the State of Colorado ("Corporation" ar"Owner"), and RA Nelson, a company organized and existing by viriue of the laws of the State of Colarado ("Contractor"). WHEREAS, Corporation desires to expand an existing Women's Restroom, add two emergency generators and associated transfer equipment conduit and wiring, and relocate existing downspouts at the Eagle County Regional Airport per the Drawings provided by Menendez Architects P.C. dated April 16, 2009 (the "Facility"); and WHEREAS, Contractor is authorized to do business in the State of Colarado, has experience and expertise necessary to provide said services to Corporation; and WHEREAS, Corporation and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the Project and related terms and conditions to govern the relationship between Contractor and Corporation in connection with this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, Corporation and Contractor agree as follows: ARTICLE 1 - WORK 1.1 Contractor shall complete all work as specified or indicated in the Contract Documents. The "Work" is generally described as follows: Provide all labor, tools materials and services to complete construction of the Facility in accordance the plans and/or specifications provided by Corporation. This work includes the demolition and expansion of the existing Women's Restroom, the addition of two emergency generators and associated switchgear, conduit and wire, and the repair and relocation of the existing roof drain system. ARTICLE 2 - CORPORATION'S REPRESENTATIVE 2.1 The project is under the authority of the Eagle County Project Management Department, the Manager of which, ar his designee, shall be Corporation's Project Manager with Contractor with respect to the performance of the Work. ARTICLE 3 - CONTRACT TIME 3.1 This Agreement shall commence upon execution of this Agreement by both parties and, subject to the provisions of Article 11 hereof, shall continue in full force and effect until the Work has been completed. Contractor will commence work within ten (10) days of the Corporation's issuance of a Notice to Proceed ~~~U ~ G:\Capital Projects - Active\Airport - Wmns Rshm and Gen Set\RA NelsonWgreemen[\ECAT Agreement 05.27.09.rtf 1' ~ 1 with Construction Services, which Notice will be issued after Corporation obtains a building permit from the Town of Gypsum. Once a Notice to Proceed has been issued, Contractor will use its best efforts to complete the Work in a diligent and expeditious manner. Corporation anticipates a substantial completion date on or before August 24, 2009 and final completion of the Work in accordance with paragraphs 20 and 21 of the General Conditions 7 days after substantial completion, however, these dates will have to be verified by Contractor once final scope of work is known and a commencement date is established. 3.2 Owner and Contractor recognize that rime is of the essence of this Agreement and that Owner will suffer financial loss if Project is not substantially completed within the time specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by the Owner if Project is not substantially completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner in accordance with the following: Late Substantial Completion: $500 per day (ready for Punchlist) Late Punchlist Complete: $500 per day ARTICLE 4 - CONTRACT PRICE 4.1 Corporation shall pay Contractor for the direct Cost of the Wark, which shall be defined as the costs necessarily incurred in the proper performance of the Work, including the Labor Costs, Subcontractor Costs, Cost of Materials and Equipment Incorporated in the Completed Construction, and Cost of Other Materials, Temporary Facilities and Related Items (subject to any limitations provided elsewhere in the Contract Documents) plus the Contractor's Fee, which shall be equal to 4.0% of the total Cost of Work. 4.1.1 Cost of the Work and the Contractor's Fee is not to Exceed: Six Hundred Eighteen Thousand Nine Hundred Forty Eight Dollars ($618,948.00) ("Not to Exceed Amount"), subject to additions and deductions by Change Order as provided in the Contract Documents. Contractor shall prepare a Construction Cost estimate based on project size, its systems, assemblies, components, construction type and its location. Contractor shall continually monitor the cost estimates to assure that the Work remains within the applicable budget and shall have the responsibility to notify the Corporation within thirty (30) days of reasonably anticipating the cost will exceed the estimated budget. 4.2. LABOR COSTS shall be defined as wages and hourly rates of employees employed and directed by Contractor for self-performed work at the site, including G:\Capital Projects - Active\Aitport - Wmns Rstrm and Gen SeflRA NelsonWgreemen[\ECAT Agreement 05.27.09.rtf 2 ~ laborers, supervisors and administrative personnel engaged in the construction, supervision and coordination of expediting the production, installation or transportation of materials or equipment required for the work, but only for that portion of time required for the work. Cost paid or incurred by the Contractor far taxes, insurance, contributions, assessments and benefits required by law as included in wages and hourly rates. Contractor Fee or profit shall not be included in hourly rates. 4.3 SUBCONTRACTOR COSTS shall be defined as payxnents made by the Contractor to Subcontractors in accardance with the requirements of the Subcontracts for the work performed. 4.4. COST OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION shall be defined as costs, including transportation, of materials and equipment incorporated or to be incorporated in the completed construction. Unused material in excess of those actually installed but required to provide reasonable allowance for waste and for spoilage materials, if any, shall be handed over to the Corporation at the completion of the Work or, at the Corporation's option, shall be sold by the Contractor; amounts realized, if any, from such sales shall be credited to the Corporation as a deduction from the Cost of the Wark. 4.5 COST OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS shall be defined as: 4.5.1 Costs, including transportation, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, which are provided by the Contractor at the site and fully consumed in the performance of the Work; and cost less salvage value on such items if not fully consumed, whether sold to others or retained by the Contractor (Cost for items previously used by the Contractar shall mean fair market value); 4.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by the Contractor at the site, whether rented from the Contractor or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof. Rates and quantities of equipment rented shall be subject to the Corporation's prior approval; and 4.5.3 Costs of the removal of construction debris from the site. ARTICLE 5 - PAYMENT PROCEDURES 5.1 Contractor shall submit Applications for Payment in accordance with paragraph 18 of the General Conditions. The Contractor shall submit applications for payment and back-up material (e.g. Subcontractor's invoices, vender statements and receipts) as shall be reasonably required in accordance with the General Conditions. Applications for G:\Capital Projects - Ac[iveWicport - Wmns Rstrm and Gen Set\RA NelsonlP.greement\ECAT Agreement 05.27.09.rtf 3 ~ Payment will be processed by the Eagle County Project Manager as provided in the General Conditions 5.2 PROGRESS PAYMENTS: Corporation shall make monthly progress payments on account of the Contract Price on the basis of Contractor's Applications for Payments as recommended by the Project Manager, as provided below. All progress payments will be on the basis of the progress of the work measured by the schedule of values provided for in paragraph 18 of the General Conditions. 5.2.1 Priar to Substantial Completion, progress payments will be in an amount equal to: 90% of the work completed until fifty percent (50%) of the work is performed, after which no additional retainage shall be withheld, and 90% of materials and equipment not incorporated in the work but delivered and suitably stored less in each case the aggregate of payments previously made. 5.2.2 Upon Substantial Completion, CORPORATION shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as PROJECT MANAGER shall determine in accordance with paragraphs 18 and 19 of the General Conditions. 5.3 FINAL PAYMENT: Upon final completion and acceptance in accordance with paragraphs 20 and 21 of the General Conditions, Corporation shall pay the remainder of the Contract Price as recommended by Project Manager as provided in said paragraphs 20 and 21. The final payrnent shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and complied with C.R.S. § 38-26-107, as amended. Final payment shall be made in accordance with the requirements of aforesaid statute. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS In order to induce Corporation to enter into this Agreement, Contractor makes the following representations: 6.1 To the extent possible prior to receiving a final set of plans from Corporation, Contractor has familiarized himself with the nature and extent of the Contract Documents, work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the work. G:\Capital Projects - Active\Aicport - Wmns Rstim and Gen Set~RA NelsonWgreement\ECAC Agreeme~t 05.27.09.rtf 4 ~' t 6.2 To the extent possible, Contractor has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, or performance of the work which were relied upon by Project Manager in the preparation of the Drawings and Specifications, and which have been identified in the Supplementary Conditions. 6.3 To the extent possible, Contractor has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as he deems necessary for the performance of the work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports, or similar data are, or will be required by Contractor for such purposes. 6.4 To the extent possible, Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 6.5 To the extent possible prior to receiving a final set of plans from Corporation, Contractor has given Project Manager written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Project Manager is acceptable to Contractor. ARTICLE 7 - CONTRACT DOCUMENTS The contract Documents which comprise the entire Agreement, made a part hereof, and consist of the following: 71 This Agreement. 7.2 Invitation to Bid. 7.3 Instructions to Bidders. 7.4 Notice of Award, Notice to Proceed. 7.5 General Conditions. 7.6 Drawings, as provided by Menendez Architects P.C. 7.7 Eagle County Regional Airport Women's Restroom Expansion and Addition of Two Emergency Generators Proposal dated Apri129, 2009. 7.8 Any modification, including Change Orders, duly delivered after execution of Agreement. G:\Capital Projects - ActiveWicport - Wmns Rstrm and Gen SeftRA NelsonWgreement\ECAT Agreement 05.27.09.rtf 5 r 7.9 Standard Estimate Report dated May 26, 2009. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by a Modification (as defined in Section 1 of the General Conditions). ARTICLE 8 - MISCELLANEOUS 8.1 No assignment by a party hereto of any rights under, or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.2 Corportstion and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.3 Notwithstanding anything to the contrary contained in this Agreement, Corporation shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31, 2009 without an appropriation therefore by Corporation in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 8.4 Provision Mandated by C.R.S. § 8-17.5-101 et seq. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES 8.4.1 If Contractor/Consultant has any employees or subcontractors, Contractor/Consultant shall comply with C.R.S. § 8-17.5-101, et seq., regarding Illegal Aliens - Public Contracts for Services, and this Contract. By execution of this Contract, Contractor/Consultant certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor/Consultant will participate in the E-verify Program or other Department of Labor and Employment program ("Deparhnent Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. 8.4.2 Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or G:\Capital Projects - Active~P.i~por[ - Wmns Rstrm and Gen SetU2A Nelson~,Agreement\ECAT Agreement 0527.09.rtf 6 z~ (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor/Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 8.4.3. Contractor/Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E-verify Program ar Deparhnent Program, as administered by the United States Deparhnent of Homeland Security. Information on applying for the E-verify program can be found at: htt~//www dhs.~ov/xprevprobpro r~ ams/gc 1185221678150.shtm 8.4.4 The Contractor/Consultant shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. 8.4.5 If the Contractor/Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor/Consultant shall be required to: (i) Notify the subcontractor and the Corporation within three days that the Contractor/Consultant 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 the Contractor/Consultant shall not terminate the contracY with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 8.4.6 The Contractor/Consultant shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8-17.5-102(5). 8.4.7 If a Contractor/Consultant violates these prohibitions, the Corporation may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor/Consultant shall be liable far actual and consequential damages to the Corporation as required by law. 8.4.8 The Corporation will notify the office of the Colorado Secretary of State if Contractor/Consultant violates this provision of this Contract and the Corporation terminates the Contract for such breach. G:\Capital Projects - Active\Airport - Wmns Rstrm and Gen Set\RA NelsonlAgreement\ECAT Agreement 0527.09.rtf 8.5 ATTORNEY'S FEES: In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 8.6 At all times during the term of this Agreement, Contractor shall maintain insurance on its own behalf in the minimum amounts required by paragraph 14 of the General Conditions. ARTICLE 9- JURISDICTION AND VENUE: 9.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. ARTICLE 10 - INDEMNIFICATION: The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless Corporation and any of its officers, agents and employees against any losses, claims, damages or liabilities for which Corporation or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor hereunder; and Contractor shall reimburse Corporation far any and all legal and other expenses incurred by Corporation in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the Corporation to the extent that the Corparation is liable to such third party for such claim without regard to the involvement of the Consultant. ARTICLE 11 -TERMINATION: Corporation may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause. Any such termination shall be effected by delivery to Contractor of a written notice of termination specifying the reason and date upon which termination becomes effective. Upon termination, Contractor shall deliver all redlined drawings and other illustrations, or documents entirely or partially completed, whether in electronic form or otherwise, together with all material supplied by Contractor by Corporation. In such event, Contractor shall be compensated for all Work satisfactorily completed up to the date of termination, plus Contractor's Fee for such Work. Final payment will be due within thirty (30) days after Contractor has delivered the last of the documents or records due the Corporation. G:\Capital Projects - Active\Airport - Wmns Rs[rm and Gen Set\RA Nelson~.4greement\ECAT Agreement 05.27.09.rtf ARTICLE 12 - OWNERSHIP OF DOCUMENTS: All documents (including electronic files) which are obtained during or prepared in the performance of the Work shall remain the property of the Corporation and are to be delivered to Corporation before fmal payment is made to Contractor or upon earlier termination of this Agreement. ARTICLE 13 - NOTICE A~ny notice required under this Agreement shall be personally delivered, mailed in the United States mail, first class postage prepaid, or sent via facsimile provided an original is also promptly delivered to the appropriate party at the following addresses: The County: Eagle County Project Management Ron Siebert, Project Manager P.O. Box 850 Eagle, Colorado 81631 (970) 328-8881 (p) (970) 328-8899 (fj and a copy to: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 (970) 328-8699 ( fl The Contractor: RA Nelson Mike Cuthbertson P.O. Drawer 5400 Avon, CO 81620 (970) 748-7662 (p) (970) 949-4379 (fj 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. ARTICLE 14 - INDEPENDENT CONTRACTOR It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, ar be construed as establishing, an employment relationship. Contractor shall be, and shall perform as, an independent contractor. No technician, agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of Corporation. Contractor shall be solely and entirely responsible for its acts and for the acts of its technicians, agents, employees, G:\Capital Projects - Active~P.irport - Wmns Rstrm and Gen Set~RA Nelson~P.greemen[\ECAT Agreement 0527.09.Rf and servants during the performance of this agreement. Contractor shall not represent, act, purport to act ar be deemed the agent, representative, employee or servant of Corporation. G:\Capital Projects - Active~Ai~pod - Wmns Rstrm and Gen Set\RA Nelson~Agreement\ECAT Agreemen[ 0527.09.rtf l 0 IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate on this _ day of June, 2009. One counterpart each has been delivered to Corporation, Contractor and Project Manager. All portions of the Contract Documents have been signed or identified by Corporation and Contractor, or by Project Manager on their behalf. EAGLE COUNTY AIR TERMINAL CORPORATION, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: ~ r' ~ ~04~'`~ to the Boa~d of Fisher County Commissioners ''~+w,;w~fiairman hv~-+ ; i D~~i~ CONTRAC . By: Sharon Jo Vice President STATE OF Lal o r~d a ) > ss. COUNTY OF ~t~ I~ ) The faregoing instrument was acknowledged before me by `j~-Y,~/OY~- `-n-~5, this ~~' day of ~, 2009. My commission expires: t..e ! ~~'l,l~~ Notary P blic .~~.a.~. JA~~I~f B. ~1IARD r~aTa~Y ~uBLic STATE OF ~(,~LORADO My Commissior~ ~xpires ~8/06/2011 G:\Capital Projects - Active\Airport - Wmns Rstrm and Gen Set\RA Nelson~Agreement\ECAT Agreement 05.27.09.rtf 1 1 GENERAL CONDITIONS l. Contractor shall provide and pay for labor, materials, equipment, tools, licenses, transportation, and other facilities and services necessary for proper execution and completion of the Work. 2. If Contractor fails to obtain the tax exemption(s) applicable to public works projects from sales, consumer, use and similar taxes, Contractor shall pay the same. County will cooperate with Contractor to obtain tax exemption for this project. 3. Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions which can affect the Work or the cost thereof. Any failure by Contractor to do so will not relieve it from responsibility for successfully performing the Work without additional expense to the County. County assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, employees or agents prior to the execution of this Agreement, unless such understanding or representations are expressly stated in the Agreement. 4. Before commencing activities, Contractor shall: (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to Contractor with the Agreement; and (3) promptly report errors, inconsistencies or omissions discovered to County. 5. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work. 6. Contractor, as soon as practicable, shall furnish in writing to the County the names of subcontractors and suppliers for each portion of the Work. 7. No charge shall be made by Contractor for hindrances or delays from any cause whatever during the progress of any portion of the Work, unless such hindrance or delay is caused in whole or in part by acts or omissions within the control of County. In any event, County may grant an extension of time for the completion of the Work, provided it is satisfied that delays or hindrances were due to causes outside Contractor's control, e.g., weather, or to acts of omission or commission by the County, provided that such extensions of time shall in no instance exceed the time actually lost to Contractor by reason of such causes, and provided further that Contractor shall have given County immediate (as determined by the circumstances, but not exceeding 72 hours) notice in writing of the cause of the detention or delay. 1 8. Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions. 9. Contractor warrants to County that: (i) 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. Contractor shall comply with and give notices required by all federal, state and local laws, statutes, ordinances, building codes, rules and regulations applicable to the Work. If Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, rules or regulations without notice to County, Contractor shall assume full responsibility for such Work and shall bear the attributable costs. Contractor shall promptly notify County in writing of any conflicts between the specifications for the Work and such governmental laws, rules and regulations. 11. Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. 12. Contractor shall furnish performance 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 Contractor'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 and Trustee. 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 (a) are licensed to conduct business in the state where the project is located, and (b) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. If the surety on any bond furnished by Contractor is declared bankrupt, or becomes insolvent, or its right to do business is terminated in any state where any part of the project is located, or it ceases to meet the requirements of clauses (a) and (b) of the preceding paragraph, Contractor shall within five days thereafter substitute another bond and surety, both of which shall be acceptable to County and Trustee. 13. Contractor shall be solely responsible for the protection of the Work and material. Contractor shall have no claim against County because of any damage or loss to the Work (except that caused by negligence of County or those for whom County is responsible), and shall be responsible for the complete restoration of damaged Work to its 2 original condition. In the event Contractor's Work is damaged by another party, not under its supervision or control, Contractor shall make its claim directly with the party involved. If a conflict or disagreement develops between Contractor and another party concerning the responsibility for damage or loss to Contractor's Work, such conflict shall not be cause for delay in Contractor's restoration of the damaged Work. 14. Contractor's Insurance: A. Contractor shall purchase and maintain such insurance as will protect it from claims set forth below which may arise out of or result from Contractor's operations under the contract, whether such operations be by itself, or by any of its subcontractors, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All such insurance shall remain in effect until final payment, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work. In addition, Contractor shall maintain such completed operations insurance for at least one year after final payment. B. Insurance coverages shall be as follows: 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. Contractor's Liability Insurance issued to and covering the liability for damage imposed by law upon Contractor and each subcontractor with respect to all Work performed by them under this Agreement. Contractor's Protective Liability Insurance issued to and covering the liability for damages imposed by law upon Contractor and each subcontractor with respect to all Work under this Agreement performed for Contractor by subcontractors. Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon Contractor and each subcontractor arising between . , the date of final cessation of the Work, and the date of final acceptance thereof out of that part of the Work performed by each. Comprehensive Automobile Insurance shall be carried in the amount of $500,000/$1,000,000 for bodily injury and $500,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. Comprehensive Risk Policy Option: In lieu of the several policies specified for Contractor's Liability Insurance, a comprehensive liability and property damage insurance policy inclusive of all the insurance and requirements herein set forth, subject to the approval of the County, will be permissible. Insurance covering claims for damages to persons or property required by the preceding paragraph shall be in the following minimum amounts: Bodily Injury Liability: Each Person: $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, Contractor, and any and all subcontractors, and any and all others obliged by contract with the County to do Work on this project, and, at the County's option, any other person or persons whom the County deems to have an insurable interest in said property, or any part thereof, payable as their several interests may appear. Any proceeds obtained from insurance provided for by this paragraph shall be paid to and held by the County as trustee. The County shall have the right to withhold payment of such proceeds until such time as the Work destroyed or damaged and covered by such insurance shall be reconstructed and shall pay such proceeds on an installment basis similar to that provided for by progress payments covering the original Work. C. Certificates of Insurance: Certificates of Insurance acceptable to the County, 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 Contractor's insurance, as more fully required by the General Conditions herein, and that coverage afforded under the policies will not be canceled until at least thirty days prior written notice has been given the County. Contractor and its subcontractors shall not permit any of its subcontractors to start Work until all required insurance have been obtained 4 ~, and certificates with the proper endorsements have been filed with the County. Failure of Contractor to comply with the foregoing insurance requirements shall in no way waive the County's rights hereunder. 15. The County, at its option, may purchase and maintain such liability insurance as will protect it against claims which may arise from operations under this contract. Purchasing and maintaining such insurance, however, wi11 not relieve Contractor from purchasing and maintaining the insurance hereinbefore specified. 16. Before permitting any of its subcontractors to perform any Work under this contract, Contractor shall either (a) require each of its subcontractors to procure and maintain during the life of its subcontracts, Subcontractor's General Liability and Property Damage Insurance of the types and in the amounts as may be applicable to its Work, which type and amounts shall be subject to the approval of the County, or (b) insure the activities of its subcontractors in its own policy. 17. To the fullest extent pertnitted by law, Contractor shall indemnify and hold harmless County, and Eagle County Board of Commissioners, employees and the agents of any of them, from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itsel~ including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. 18. Progress Payments: Not more often than once a month, Contractor shall submit to County an application for payment filled out and signed by Contractor covering the work completed as of the date of the application, and accompanied by such supporting documentation as County may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the work, but .delivered and suitably stored at the site or at another location agreed to in writing, the application for payment shall also be accompanied by such data, satisfactory to County, as will establish County's title to the material and equipment, and protect County's interest therein, including applicable insurance. Each subsequent application for payment shall include an affidavit of Contractor stating that all previous progress payments received on account of the work have been applied to discharge in full all of Contractor's obligations reflected in prior applications for payment. The amount of retention with respect to progress payments will be as stipulated in the Agreement. County wi11, within ten days after receipt of each application for payment, either indicate in writing a recommendation of payment, or return the application to Contractor indicating in writing its reasons for refusing to recommend payment. 5 In the latter case, Contractor may make the necessary corrections and resubmit the application. County shall, within ten days of recommendation of payment, pay Contractor the amount recommended. 19. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any application for payment, whether incorporated in the project or not, will pass to County at the time of payment free and clear of all liens, claims, security interests, and encumbrances (in these General Conditions referred to as "Liens"). 20. Final Payment: A. Upon written notice from Contractor that the work is complete, County will make a final inspection with Contractor, and will notify Contractor in writing of all particulars in which this inspection reveals that the work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. B. After Contractor has completed all such corrections to the satisfaction of County, and delivered all maintenance and operating instructions, guarantees, bonds, certificates of inspection, Contractor may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied by all documentation called for in the contract documents, and such other data and schedules as County may reasonably require, together with complete and legally effective releases or waivers (satisfactory to County) of all liens arising out of, or filed in connection with the work. In lieu thereof, and as approved by County, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material, and equipment for which lien could be filed, and that all payrolls, material, and equipment bills, and other indebtedness connected with the work, for which County or its property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any subcontractor, manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to County to indemnify County against any lien. 21. Final payment shall not become due until Contractor submits to County releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests or encumbrances arising out of the Work. Final payment is subject to the Final Settlement requirements and time periods set forth in C.R.S. §38-26-107. 21.1 The County shall not authorize final payment until all items on the punch list have been completed, 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 Contractor's Final Settlement Date is published and at least 30 days have expired with no claims filed. 6 21.2. Before the County may advertise, Contractor shall: A. Deliver to the Eagle County Project Manager for review: 1. All guaranties and warranties; 2. A letter confirming that sales taxes from which the County is exempt have not been paid; 3. Three (3) complete bound sets of required operations and maintenance manuals and instructions plus One (1) electronic copy placed on an archival quality compact disk; 4. Two (2) full size sets of as-built drawings plus One (1) electronic copy placed on an archival quality compact disk; 5. To the extent not already furnished, one copy of all corrected Shop Drawings; 6. Satisfactory evidence that all payroll, material bills, and other indebtedness connected with the Work have been paid or otherwise satisfied; 7. A complete and final waiver andJor release of any and all lien rights and liens from each subcontractor of all tiers, material, men, supplier, manufacturer and dealer for all labor, equipment and material used or furnished by each on the Work; 8. Consent of the surety to final payment; and 9. Any other documents required to be furnished by the Contract Documents. B. Demonstrate to the operating personnel of the County the proper operation and maintenance of all equipment. 21.3. Upon completion of the foregoing, Contractor's Settlement shall be advertised in accordance with Colorado law. On the date of final settlement thus advertised, and after Contractor has submitted a written notice that no claims have been filed, final payment and settlement shall be made in full. 21.4. Pursuant to C.R.S. §38-26-107, if any unpaid claim for labor, materials, rental machinery, tools, supplies, or equipment is filed before payment in full of all sums due Contractor, County shall withhold from Contractor sufficient funds to insure the payment of such claim, until the same shall have been paid or 7 withdrawn, such payment or withdrawal to be evidenced by filing a receipt in full or an order for withdrawal signed by the claimant or its duly authorized agent or assignee. 21.5. The making of final payment, after the Date of the Notice of Contractor Settlement of the Project, shall constitute a waiver of all claims by the County except those arising from: A. Unsettled Claims; B. Faulty or defective work appearing after Completion of the Work; C. Failure of the Work to comply with the requirements of the Contract Documents; or D. Terms of any warranties or special warranties required by the Contract Documents. 21.6. The acceptance of final payment, after the Date of the Notice of Contractor Settlement of the Project, shall constitute a waiver of all claims by Contractor except those previously made in writing and separately identified by Contractor as unsettled in the final Project Application for Payment. 21.7. All provisions of the Contract Documents including without limitation those establishing obligations and procedures, shall remain in full force and effect notwithstanding the making or acceptance of final payment. 22. Contractor's obligation to perform and complete the Work in accordance with the contract documents shall be absolute. Neither the recommendation of any progress or final payment nor the payment by County to Contractor under the contract documents, nor any use or occupancy of the Work or any part thereof by County, nor any act of acceptance by County, nor any failure to do so, nor any correction of defective Work by County shall constitute an acceptance of Work not in accordance with the contract documents ar a release of Contractor's obligation to perform the Work in accordance with the contract documents. 23. Any work in accordance with the Contract Documents that the County finds improper, Contractor will correct said work in a timely manner so as not to delay completion of the project. 24. If Contractor defaults or neglects to carry out the Work in accordance with the Agreement and fails within a ten (10) day period after receipt of written notice from the County to correct such default or neglect with diligence and promptness, the County may, without prejudice to other remedies, correct such deficiencies and Contractor shall be responsible for the cost of such correction. 25. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Agreement. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor, or by anyone for whose acts Contractor may be liable. 26. Contractor shall promptly correct Work rejected by County as failing to conform to the requirements of the Agreement and Contractor shall bear the cost of correcting such rejected Work. 27. Contractor warrants and guarantees to County that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. If, within two years after the date of completion, or such longer period of time as may be prescribed by law, prescribed by the terms of any applicable warranty given by a materials supplier or required by or a part of the Agreement, any Work is found to be defective, Contractor shall promptly, without cost to County, and in accordance with County's written instructions, either correct such defective Work, or, if it has been rejected by County, remove it from the site, and replace it with non-defective work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, County may have the defective Work corrected or the rejected Work removed and replaced, and aIl direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. 28. The performance of the Work may be terminated at any time in whole, or from time to time in part, by County for its convenience. Any such termination shall be effected by delivery to Contractar of a written notice ("Notice of Termination") specifying the extent to which performance of the Work is terminated and the date upon which termination becomes effective. After receipt of a Notice of Termination, and except as otherwise directed by County, Contractor shall, in good faith, and to the best of its ability, do all things necessary, in the light of such notice and of such requests in implementation thereof as County may make, to assure the efficient, proper closeout of the terminated Work (including the protection of County's property). Among other things, Contractar shall, except as otherwise directed or approved by County: A, stop the Work on the date and to the extent specified in the Notice of Termination; B. place no further orders or subcontracts for services, equipment or materials except as may be necessary for completion of such portion of the Work as is not terminated; C. terminate all orders and subcontracts to the extent that they relate to the performance of Work terminated by the Notice of Termination; 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. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical disability, or age. 32. Colorado Statutes do not provide for any right of lien against public buildings. In lieu thereof, Title 38-26-107 ct seq. C.R.S., as amended, provides adequate relief for any claimant having furnished labor, materials, rental machinery, tools, equipment or services toward construction of the particular public work in that final payment may not be made to a Contractor until all such creditors have been put on notice by publication in the public press of such pending payment and given opportunity to stop payment to Contractor in the amount of such claims. 11 .L ~ (b) BIDDER has examined the site performed, the legal requirements rules, and regulations), and the performance of the work, and ha: BIDDER deems necessary; and locality where the work is to be (federal, state, and local laws, ordinances, conditions affecting cost, progress, or made such independent investigations as (c) This bid is genuine, and not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in confornuty with any agreement or rules of any group, association, organization, or corporation; BIDDER has not, directly or indirectly, induced nor solicited any other bidder to submit a false or sham bid; BIDDER has not solicited nor induced any person, firm, or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other bidder or over OWNER. . 4. The funds appropriated for this project are $500,000. A Cost-Plus-Fee Contract will be initiated where the OWNER shall pay CONTRACTOR for the direct Cost of the Work, including the cost of subcontracts, labor and materials and subject to any limitations provided elsewhere in the Contract Documents. CONTRACTOR proposes that the OWNER shall pay CONTRACTOR a Fee in current funds as follows: This Fee shall compensate Contractor in full for all home office, general, and administrative overhead expense, small tools, on site secure storage for small tools, cell phones and radios, vehicles (including fuel, tires and maintenance), safety equipment and profit. The Fee shall be calculated monthly and be included in each Application for Payment. The following is to be based on a Cost of Work of $500,000. Fee equal to percent of the Cost of the Work ~. a %_ $ Zo~ o 0 0~ Umbrella & General Liability Insurance Rate: /~ 3 %_ $ G~ ~'o a- Builders Risk Insurance Rate NA %_ $ 0.00 Performance & Payment Bond Rate /• z %_ $ G, o 0 0~ TOTAL = $ 3L~ s~o - List by Title, Hourly Rate and Estimated Hours of all employees the Contractor proposes to utilize for self performed work. Overhead may be included in this Hourly Rate. Profit shall not be included in this Hourly Rate. Owner shall have the right to receive any and all back up information from Contractor to verify Profit is not included in this Hourly Rate. Estimated Title - Description Hourly Rate Hours TOTAL f~IL~G 6/JS?PN Ul o r~ M~4f.lfit. $ SS ~ ~p~o $ Zi 20 0~ Pi~~~-r- ~r.ti.~accQ- s~P~.~~-~$ Gr - ~3v $ Z~, ~rn _ C~E2N~t C.~oi2 $ 7j2-' 3~~'{ $ /~, a o~S ~ ~D ~ G:\Capital Projects - Active~Airport - Wmns Rstrm and Gen SeflBid Docs~Bid Form 04.07.09.rtf If BIDDER is: An Individual By: (Individual's Name) Doing business as: Business address: Phone Number: A Partnership By: (Firtn Name) General Partner: Business address: Phone Number: A Corporation /2 . +~ _ /tilfi~S on~ ~ ~455 a L! A'T~S ~nl ~ . (Corparation Name) ~ G%pGo 'r~-p v (State of Incorporation) By: (Person Authorized to Sign) r~~~~-S Sossa ~,a ~~€sifl (Title) G:\Capital Projects - ActiveWicport - Wmns Rstrm and Gen Set~Bid Docs~Bid Form 04.07.09.rtf . ~ , $ $ $ $ $ $ BIDDER NOTES AND OR CLARIFICATIONS TO BID: Attach additional notes and clarifications to this form if more space is needed. 5. BIDDER proposes and agrees that work will be substantially completed within ~a calendar days of start date, OR on or before , and completed by BIDDER accepts the provisions of the Agreement as to liquidated damages of $500/day in the event of failure to complete the work on time. 6. The following documents are attached to and made a condition of this bid: a) Instructions to bidders 7. Communication concerning this bid shall be addressed to the address of BIDDER indicated below: ~ R.4 NEc~Sar~ E Asto u f+'-~S A~7tt1 ' T7~t cAsL~~.~7 +F1L t~o. D~f~~ S"y~oo d~.w - 970 _`/~ /- az.o / ~,~ca,~~L - `hv _ 7y~9 _ 7G.r4 ~ .4V~,c./ ~ co S/.6 2,c G.-n~a~ ~- Z`~cr~n'~'~i'~ /~rl~~so~ , c o~ 8. The terms used in this bid which are defined in the General Conditions of the construction contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. SUBMITTED ON f~PF-i~- 24 ~ , 2009. G:\Capital Projects - Active~Airport - Wmns Rstrm and Gen Set\Bid Docs~Bid Fotm 04.07.09.rtf ~L ~ (b) BIDDER has examined the site perfortned, the legal requirements rules, and regulations), and the performance of the work, and ha: BIDDER deems necessary; and locality where the work is to be (federal, state, and local laws, ordinances, conditions affecting cost, progress, or made such independent investigations as (c) This bid is genuine, and not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in confornuty with any agreement or rules of any group, association, organization, or corporation; BIDDER has not, directly or indirectly, induced nor solicited any other bidder to submit a false or sham bid; BIDDER has not solicited nor induced any person, firm, or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for hixnself any advantage over any other bidder or over OWNER. . 4. The funds appropriated for this project are $500,000. A Cost-Plus-Fee Contract will be initiated where the OWNER shall pay CONTRACTOR for the direct Cost of the Work, including the cost of subcontracts, labor and materials and subject to any limitations provided elsewhere in the Contract Documents. CONTRACTOR proposes that the OWNER shall pay CONTRACTOR a Fee in current funds as follows: This Fee shall compensate Contractor in full for all home office, general, and administrative overhead expense, small tools, on site secure storage for small tools, cell phones and radios, vehicles (including fuel, tires and maintenance), safety equipment and profit. The Fee shall be calculated monthly and be included in each Application for Payment. The following is to be based on a Cost of Work of $500,000. Fee equal to percent of the Cost of the Work ~{. a %_ $?-o, o 00 ~ Umbrella & General Liability Insurance Rate: /~ 3 %_ $ G~ ~'o o- Builders Risk Insurance Rate NA %_ $ 0.00 Performance & Payment Bond Rate I• z. %_ $ G, o 0 0~ TOTAL = $ 3z~ s'oo - List by Title, Hourly Rate and Estimated Hours of all employees the Contractor proposes to utilize for self performed work. Overhead may be included in this Hourly Rate. Profit shall not be included in this Hourly Rate. Owner shall have the right to receive any and all back up information from Contractor to verify Profit is not included in this Hourly Rate. Estimated Title - Description Hourly Rate Hours TOTAL I~iu co~s~ r~-a.~ ~r~,4~c,c.c. $ ss - ~10 $ Z: u~ ` Pnfl~a~r ~~a~ue. ~ s~P~.~~$~ G r- ~3~ $ Z~. 9rn -- CE.vEet~t-s- c.~t6o.2 $ ~~ 3~`f $ //, o o G`" ~ ~ G:\Capital Projects - Active~.A"uport - Wmns Rstrm and Gen Set~Bid Docs~Bid Form 04.07.09.rtf If BIDDER is: An Individual By: (Individual's Name) Doing business as: Business address: Phone Number: A Partnershin By: (Firm Name) General Partner: Business address: Phone Number: A Corporation By: /2 • ~ . /~Fz~ S D/J ~ .4~55 a L/ A~T~S ~nl ~ . (Corporation Name) ! C~Go ~-fl v (State of Incorporation) (Person Authorized to Sign) ~~~~s sorsa ~ P~sio~ (Title) G:\Capital Projects - Active~.Airport - Wmns Rstrm and Gen Set~Bid DocslBid Form 04.07.09.rtf ~A ' (CORPORATE SEAL) Attest: Business address: ~a v~~~R- s'f~° f~i/o ~..1 , Lo Q /G ~t.o PhoneNumber: 97~ - `>'~a - s~ sz G:\Capital Projects - Active~Auport - Wmns Rstrm and Gen Set~Bid Docs~Bid Form 04.07.09.rtf ~~ i f~A R.A. N E L S 0 N / 1 BUILDING MOUNTAIN RESORT COMMUNITfES May 26, 2009 Eagle Airport Renovation Cost Estimate Summary DESCRIPTION T~TAL General Conditions Direct Construction Costs SUBTOTAL Performance & Payment Bond (1.2%) General Liability Insurance (1.30%) SUBTOTAL 2.00% Contractor's Contingency SUBTOTAL 4.00% G.C. Construction Fee ESTIMATED CONSTRUCTION COST $56,833 $511,799 $568,632 $6,824 $8,018 5583,473 $11,669 a595,143 $23,806 $618,948 OTHER COST CONSIDERATIONS Preconstruction Services InGuded in Number Transient Voltage Surge Suppression (NSS) $7,148.00 Replace CT & Main Sections $5,230.00 Builders Risk Insurance By Owner Architectural Design and Engineering Fees ~ By Owner Geotechnical & Materials Testing By Owner Building Permit Fees By Owner Plan Review Fees By Owner Plan Reproduction Costs By Owner DRB Review Fees By Owner Communications Service Fees By Owner Platting & Recordation Fees By Owner Owner Contingency By Owner ,, „ ~`~w R.A. N E L S O N Standard Estimate Report Page 1 /` BUIIDING MOUNTAIN PESORT COMMUNITIES Eagle Airport Renovation 5/27/2009 11:37 AM Item Description TakeoH Qty Untt Cost Amount 001-0000 GENERAL REQUIREMENTS 001-3000 Admin. Requirements 3100 Project Manager/Superintendent 430.00 HRS 65.00 /HRS 27,950 3200 General Labor 344.00 HR 32.00 /HR 11,008 Admin. Requirements 38,958 001-5000 Temporary Facllltles 5100 Temporary Power Consumption 0.00 NIC Assumed to be by owner 5200 Temporary Water Consumption 0.00 NIC Assumed fo be 6y owner 5300 Field Trailer 0.00 NIC Assumes use of on-site (acilities 5400 Field Office Equipment & Supplies 2.50 MO 650.00 /MO 1,625 5500 Temporary Sanitary Facilities 0.00 NIC Assumes use of onsite facili6es 5600 Dumpster Charges 3.00 Pull 750.00 /Pull 2,250 5700 Telephone / Fax / Modem Charges 2.50 MO 350.00 /MO 875 5800 Temporery Barriers & Signs 7.00 LS 2,500.00 /LS 2,500 Temporary Facllltles 7,250 001-7000 Executlon Requirements 7100 Postage / UPS / Federal Express 0.00 MO Included in fee%verhead 7200 Safety / First Aid / OSHA 2.50 MO 1,500.00 /MO 3,750 7300 Mobilize & Demobilize 1.00 LS 2,500.00 /LS 2,500 7400 Construction Photographs 2.50 MO 150.00 /MO 375 7500 Final Cleaning & Window Washing 1.00 LS 1,500.00 /LS 1,500 7800 Warranty Reserve 1.00 LS 2,500.00 /LS 2,500 Execution Requirements 10,625 GENERAL REQUIREMENTS 56,833 002-0000 SITE WORK 002-1000 Demolition 8 Hazmat 1100 Misc Building DemolKion 1.00 LS 3,570.00 /LS 3,570 1100 Demo/Removal of Concrete 1,157.00 SF 3.174 /SF 3,673 Includes saw cutting and dump fees 1100 Saw Cutting of Concrete for Electrical Work 70.00 LF 25.50 /LF 1,785 1100 Saw Cutting for Bollards 108.00 LF 25.50 /LF 2,754 7100 Demo/Saw Cutting for Above Ground Tank Piping 100.00 SF 3.18 /SF 318 1100 Misc Demo/Patch at West Generator 1.00 LS 5,700.00 /LS 5,100 1400 Hazardous Materials/Abatement 0.00 NIC AsbesfosMazard Material abatement is not inc/uded Demolttion & Hazmat 17,200 002-2000 Site Preparation 2100 F~ccavator Mobilize / Demobilize 1.00 LS 653.00 /LS 653 Site Preparation 653 002-4000 Site Earthwork 4100 Excavation For Footers 40.00 LF 14.55 /LF 582 4100 Excavation for Bollards 9.00 EA 153.00 /EA 7,377 4300 Slab on Grade Prep 1,157.00 SF 1.33 /SF 1,535 Assumes 4" of 3/4" screened rock 4300 Slab on Grade Prep For ElectricaUPlumbing 100.00 SF 1.33 /SF 133 Assumes 4" of 3/4" screened rock 4400 Underslab Vapor Barrier 1,757.00 SF 2.041 /SF 2,361 Site Earthwork 5,988 002-6000 Drainage and Contalnment 6300 Underground Downspout Piping 110.00 LF 71.73 /LF 1,290 PVC piping assumes 4" (not specified 2) ~ ~~ • ~`~w R.A. N E L S O N Standard Estimate Report Page 2 /\ BUILOING MOUNTAIN RESO0.T COMMUNITIES Eagle Airport Renovafion 5/27/2009 11:37 AM Item Descrlption Takeoff Qty Unlt Cost Amount Drainage and Containment 1,280 002-5000 Site Improvements 8300 Bollards 9.00 EA 561.00 /EA 5,049 Site Improvements 5,049 SITE WORK 30,179 003-0000 CONCRETE 003•10UU Foundatlon Ftgs 8 Walls 1100 Concrete Foundation - Footer 3.00 CY 567.00 /CY 1,683 1100 Concrete Foundation - Stem Wall 5.00 CY 561.00 /CY 2,805 Foundation Ftgs 8 Walls 4,488 003-3000 Exterior Concrete Slabs 3100 New Concrete Stoop 31.00 SF 6.13 /SF 190 Assumes B" stoop on grade 3700 Patch/Repair Concrete for Drain/VVall 389.00 SF 16.13 /SF 6,273 Assumes 4" slab on grade 3700 New Concrete Slab at Storage Room 357.00 SF 16.13 /SF 5,660 Assumes 4" slab on grade 3100 Replacement of Concrete at Bathrooms 372.00 SF 16.73 /SF 5,999 Assumes 4" slab on grade 3100 Replacement af Concrete For Electrical Work 300.00 SF 16.73 /SF 4,838 Assumes 4" slab on grade 3100 Replacement of Concrete For Above Ground Tank 100.00 SF . 16.13 /SF 1,613 Assumes 4" slab on grade 3100 Generator Pads 100.00 SF 15.30 /SF 1,530 Assumed 6" with #4 rebar 3100 Pad for Above Ground Tank 40.00 SF 15.30 /SF 612 Assumed 6" with #4 rebar 3100 Concrete Pump 1.00 lS 969.00 /LS 969 Exterior Concrete Slabs 27,684 CONCRETE 32,172 006-0000 WOODS 006•1000 Framing Materials 1100 2x6 E~erior Wall 550.00 LF 0.571 /LF 281 1100 2x4 Interior Wall 975.00 LF 0.36 /LF 348 1100 2x6 Sill Plates 100.00 LF 0.87 /LF 87 1100 2x4 Blocking 125.00 LF 0.36 /LF 45 1100 2x4 Sill Plates 320.00 LF 0.563 /LF 180 1100 2x4 Dropped Ceiling 1,500.00 LF 0.36 /LF 536 1100 (3) 2x6 Column 40.00 LF 0.53 /LF 27 1100 (3) 14" LVL 48.00 LF 5.704 /LF 245 1100 (3) 2x8 Door Framing 108.00 LF 0.66 /LF 71 1100 Misc Backing/Blocking 7.00 LS 306.00 /LS 306 1100 Exterior Wall Sheathing 450.00 SF 0.663 /SF 299 1700 (1) 18" LVL 76.00 LF 7.19 /LF 115 7700 Full Height Blocking Allowance 16.00 LF 7.19 /LF 115 7200 Fastners and Adhesives 1.00 LS 204.00 /LS 204 1200 Misc Metal Plates for Framing Allowance 1.00 LS 2,550.00 /LS 2,550 Framing Materials 5,403 006-2000 Framing Labor 2700 Framing Labor 750.00 SF 8.16 /SF 6,120 2100 Temporary Shoring 9.00 EA 150.00 /EA 1,350 Assumes use of screw jacks Framing Labor 7,470 006-3000 Finlsh Carpentry Material 3100 Rubber Base - Storage/Janitors Closet 120.00 LF 1.12 /LF 134 4"Rubberbase !~ ~ ~`~w R.A. N E L S O N Standard Estimate Report Page 3 /\ BUILDING MOUNTAIN RESORT COMMUN~TIES Eagle Airport Renovation 5/27/200911:37 AM O ,,' , : Item Descriptlon Takeoff Qty Unit Cost Amount 006-3000 Fintsh Carpentry Material 3100 Wood Chair Rail to Match Existing 51.00 LF 5.10 /LF 260 Assumes existing chairrail in terminal is pine 3100 2" Wood Mirror Surtounds 60.00 LF 6.12 /LF 367 Assumes mirror suiround is knotty a/der Finish Carpentry Material 767 006-4000 Finish Carpentry Labor 4100 Rubber Base - Install 120.00 LF 1.383 /LF 166 4100 Wood Chair Rail - Install 57.00 LF 5.10 /LF 260 4100 Mirror Surround - Install 60.00 LF 6.12 /LF 367 4700 Door Hardware - Install 2.00 EA 204.00 /EA 408 4100 Misc Hardware - Install 26.00 EA 76.50 /EA 1,989 4100 Toilet Partitions - fnstall 9.00 EA 255.00 /EA 2,295 Flnish Carpentry Labor 5,485 WOODS 19,119 007-0000 THERMAL & MOISTURE PROT 007-1000 Damp / Waterprooflng 1100 Foundation Damp/ Waterproofing 175.00 SF 2.551 /SF 447 Damp l Waterprooflng 447 007-2000 Thermal Protl Insulation 2200 Building Insulation - Exterior Wall R-19 450.00 SF 1.801 /SF 811 2200 Sound Attentuation Insulation - Interior Walls 660.00 SF 7.29 /SF 848 2200 Building Insulation - Storage Room Lid R-38 283.00 SF 2.553 /SF 723 Thermal Prot I Insulation 2,381 007-4000 Exterior Wall Assemblles 4100 Stucco-EFFIS 450.00 SF 9.18 /SF 4,131 Exterlor Wall Assemblies 4,131 007-6000 Flashing & Sheetmetal 6100 Flashing & Sheelmetal Trim 1.00 LS 50.00 /LS 50 Flashing 8 Sheetmetal 50 007-7000 Roof Aceessories 7100 Gutters 8 Downspouts 30.00 LF 25.50 /LF 765 Assumes adding full round kynar downspouts and fhat existing gufter does nof need to 6e replaced 7100 Downspout Protection - Steel Plates 3.00 EA 459.00 /EA 1,377 Roof Accessories 2,142 007.9000 Jolnt Sealers 9100 Caulking & Sealants at New Concrete Joints 390.00 LF 3.57 /LF 1,392 Joint Sealers 1,392 THERMAL & MOISTURE PROT 10,543 008-0000 DOORS AND W/NDOWS 008-2000 Doors 2100 Hollow Metal Doors a~d Frames 2.00 EA 511.00 /EA 1,022 Doors 1,022 008-7000 Flnish Hardware 7100 Door Hardware 2.00 FA 561.00 /EA 1,122 Assumes re-use of exis6ng security hardware Flnish Hardware 1,122 008-8000 Glass 8 Glazing 8300 Mirrors 25.00 SF 11.22 /SF 281 y r~ . ~`~w R.A. N E L S O N Standard Estimate Report Paqe a /\ BUIl01NG MOUNTAIN RESORT COMMUNITIES Eag/e Airport Renovation 5/27/2009 11:37 AM Item Description TakeoH Qty Unit Cost Amount Glass 8 Glazing 281 DOORS AND W/NDOWS 2,425 009-0000 FINISHES 009-2000 Drywall & Gypsum Finishes 2100 Drywall 1,756.00 SF 1.84 /SF 3,223 2100 FRP - Janitor Floor Sink 1.00 LS 229.00 /lS 229 Assumes max of 8' Drywall 8 Gypsum Finishes 3,452 009-3000 Tlle I Slabs 3100 Ceramic Wall Tile - 5' 6" High 600.00 SF 75.70 /SF 9,419 3100 IntegralCove Base 110.00 LF 7.764/LF 854 Specified Innovative /ntegral Base is a plastic (not tile) cove base 3100 Ceramic Tile Flooring 520.00 SF 14.433 /SF 7,505 3100 Tile Flooring Replacement in Tertninal 130.00 SF 11.223 /SF 7,459 Assumes all replacement tiles provided 6y owner 3100 Tile Base Replacement in Terminal 40.00 LF 3.45 /LF 138 Assumes all replacement tiles provided by owner, also assumes dle will 6e cut to creaf 6ase (not 6ullnosed) 3100 Anti-Fracture Membrane 650.00 SF 1.801 /SF 1,171 Protecto Wrap 3100 Durarock 600.00 SF t.122 /SF 673 3100 Pencil Liner/Bullnose Tile 1.00 LS 553.00 /LS 553 3100 Floor Leveling 783.00 SF 1.02 /SF 799 3500 Quartz Engineered Luggage Shelves 25.00 SF 66.32 /SF 1,658 Assumes only 1 she/f has a 6" apron 3500 Quartz Enginereed Changing Table - 9" Apron 25.00 SF 66.32 /SF 7,658 3500 Quartz Enginereed Countertops - 9" Rounded Apran 53.00 SF 66.321 /SF 3,515 Tile I Slabs 29,402 009-4000 Protection of Flnishes 4100 Protection of Finishes 1.00 LS 2,500.00 /LS 2,500 Protectlon o( Plnlshes 2,500 009-6000 Flooring 6500 Resilient Flooring 283.00 SF 2.30 /SF 650 Assumed to 12x12 VCT 6800 Carpet - Install Only 7.00 LS 551.00 /LS 551 Assumes all carpet 61es to be provided 6y owner (accent and base) Flooring 1,207 009-8000 Acaustical Treatments 8100 Accoustical Ceiling - Storage Room 283.00 SF 5.10 /SF 7,443 Acoustical Treatments 1,443 009-9000 Painting 9100 Painting - Interior Painting 750.00 SF 4.597 /SF 3,443 9100 Exterior Touch-Up 1.00 LS . 765.00 /LS 765 Assumes sfucco will 6e integral color Painting 4,208 FINISHES 42,205 010-0000 SPECIALTIES 010-1000 Mlscellaneous Specialties 1800 Misc Signage 1.00 LS 500.00 /LS 500 Miscellaneous Specialties 500 010-8000 7oilet & Bath Aecessorles 8200 Paper Tawel Dispenser/Trash - Allowance 1.00 EA 500.00 /EA 500 Assumes re-use of 1 existing and 1 new 8200 Toilet Seat Cover Dispenser - Allowance 9.00 EA 200.00 /EA 1,800 ~`~w R.A. N E L S O N Standard Estimate Report Page 5 I~ ` BUILDING MOVNTAIN RESORT COMMUNITIES Eagle Airport Renovation 5/27/2009 11:37 AM Item Descriptlon 070-8000 Tailet & Bath Accessories 8200 SanitaryDispenser-Allowance 8200 Toilet Paper Dispenser - Allowance 8200 Vertical Grab Bar(18"?) - Allowance Per counry plan comments 8200 42" Grab Bar - Allowance 8200 24" Grab Bar - Allowance 8200 Toilet Partitions - Allowance Toilet & Bath Accessories SPECIALTIES 011-0000 EQUIPMENT tat Takeotf Qty Unit Cost Amount 1.00 EA 250.00 /EA 250 9.00 EA 150.00 /EA 1,350 2.00 EA 50.00 /EA 100 2.00 EA 75.00 /EA 150 2.00 EA 50.00 /EA 100 9.00 EA 1,200.00 /EA 10,800 15,050 15,550 011-6000 Tools & Equlpment 6500 Small Tools InGuded in /ee EQUIPMENT 015-0000 MECHANICAL 015-3000 Fire Protection 3100 Fire Protection - Allowance Fire Protectlon 015-4000 Plumbing and Heating 4100 Plumbing Rough & Trim 4700 Wall Hung Toilet - Allowance 4700 Undermount Sinks - Allowance 4700 Floor Sink - Janitor Room Plumbing and Heating 015-7000 Alr Dlstrlbution 7200 Mechanical Rough & Trim Alr Distribution 0.00 LS 0 750.00 SF 4.59 /SF 3,443 3,443 1.00 LS 24,990.00 /LS 24,990 9.00 EA 612.00 /EA 5,508 6.00 EA 357.00 /EA 2,142 1.00 EA 357.00 /EA 357 32,997 1.00 LS 7,650.00 /LS 7,650 7,650 MECHANICAL 016-0000 ELECTRICAL 44,090 016-1000 Electrical Rough & Trim 1100 Generators 1100 UL 2085 Tank 1100 Electrical Rough & Trim Assumes leaving existing equipment as is 1100 Mechanical Wiring 1200 Heat Tape Electrical Rough & Trim 016-2000 ElecMcal Service 2100 Electrical Service And Distribution 2200 Temporary Generator Includes fuel cosfs Electrical Service 016-4000 LowVoltage 4200 Fire Alarm 4400 Telephone/Data Raceways Low Voltage 1.00 LS 214,595.00 /LS 214,595 1.00 LS 5,783.00 /LS 5,753 1.00 LS 6,042.00 /LS 6,042 1.00 LS 7,170.00 /LS 1,170 268,00 LF 12.24 /LF 3,280 230,870 1.00 LS 34,043.00 /LS 34,043 1.00 LS 38,337.00 /LS 38,337 72,380 1.00 LS 6,327.00 /LS 6,327 1.00 LS 240.00 /LS 240 6,567 AGENDA EAGLE COUNTY AIR TERMINAL CORPORATIaN MEETING June 2, 2009 1. Approval of minutes of January 27, 2009 meeting 2. Approval of minutes of March 24, 2009 meeting 3. Consideration for execution: COST - PLUS - FEE CONSTRUCTION AGREEMENT BETWEEN EAGLE COUNTY AIR TERMINAL CORPO TION AND R.A. NELSON 4. New Business 5. Adj ourn j . ,~ , (~'~~~ ; ;~~~ ~~ ~, ~~f;~''i~lL~l ~:~" ; ~ f ~ ~ i , l~ ~~ ~ ~ .~ . ~ ;; /~ -~-~~~~, ~ ~ . '~/' ~' ' l(,~~1~'~~,~~'~ ! ~ ~~~~~' ~ ~ ~ V ~' `,, ~ J , r-~r// l ; • / ~.. ~ ~ r ~ ~~;1 ~.,~~'L ° ~,' Li L'l~' ~ ~c~ t ~`~~~'' '~~~-~~`~ '~ ( ~~~ ~ ~~;~ .!, ~ _ ;`,r ~~~~~~€~;vTY~ f ~. oRnn APP ° ~r3f~~` ~ 8y~ Ea le County Attorney's Office ~~~ ~s~ ~rity ~~minissfenare' Af iee ''~<<, . fw~ R.A. N E L S O N Standard Estimate Report Page s ~` BUItDING MOVNTAIN RE500.T COMMUNITIES Eagle Airport Renovation 5/27/2009 11:37 AM T Item Descrtptlon Takeo(f Qty Unit Cost Amount ELECTRICAL 309,817 017-0000 IND/RECT COSTS 017-1000 Indirect Cost 1050 SIDA Badging Costs - Allowance 35.00 EA 700.00 /EA 3,500 1050 Speciallnspections 0.00 NIC 1090 Preconstruction Services 40.00 HRS 55.00 /HRS 2,200 Indirect Cost 5,700 IND/RECT COSTS 5,700