HomeMy WebLinkAboutECAT07-224 JL Viele Constructionti4.
AGREEMENT FOR CONSTRUCTION
PROJECT NAME: Eagle County Airport Roof Expansion
THIS AGREEMENT is dated as of the 2 i day of J in the year 2007 by and
between
Eagle County Air Terminal Corporation
(Hereinafter called "Owner" or "ECAT")
JL Viele Construction, Inc.
(Hereinafter called "Contractor")
Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as
follows:
ARTICLE 1 - WORK
1.1 Contractor shall complete all work in the Contract Documents as set forth in article 8
and which are incorporated herein by reference. The work is generally described as follows:
Provide all labor, tools, materials and services to construct the Eagle County Airport Roof
Expansion, Gypsum, Colorado, as further described and identified in plans, specifications and
contract documents hereof (hereinafter "Work" or "Project").
1.2 Contractor shall furnish labor and services (1) which expeditiously, economically and
properly complete its particular scope of the Work in the manner most consistent with the
ECAT's interests and objectives, (2) in accordance with the Construction Documents, and (3) 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 where
the Project is located.
1.3 Contractor expressly recognizes that this Project must be completed within the time and
fiscal constraints as set forth throughout this Agreement. Contractor further represents to the
ECAT that, by executing this Agreement, it has been fully informed and has thoroughly
reviewed: the goals of the Project; the design of the Architect performed to date for the Project;
the time schedule as well as fiscal constraints and contingencies 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 the Contractor pursuant to the Contract Documents. Based upon this
review and analysis, the Contractor represents to the ECAT that it will provide all of the
necessary services and perform all of the Work within the requirements of the Contract
Documents.
1.4 The Work shall include, but is not limited to, the following:
A. Meeting Attendance: Meet regularly with the Eagle County Project Manager, ECAT,
and Architect to discuss progress, present material and information and respond to
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questions regarding the Project. The Contractor will be responsible for submitting to the
Eagle County Project Manager, ECAT, and the Architect, within five working days, the
minutes of all meetings during the construction phase. Schedule and conduct weekly
progress meetings at which subcontractors, the Eagle County Project Manager, ECAT,
Architect and Contractor can discuss jointly such matters as progress, problems and
scheduling. Provide a detailed schedule for the operation of the Contractor and
subcontractors on the project, including realistic activity sequences and durations,
allocation of labor and materials, processing of shop drawings and samples and delivery
of products requiring long lead-time procurement.
B. Schedule: Within fifteen (15) days of contract award, the Contractor shall prepare and
submit a construction schedule for the work which shall provide for the expeditious
practicable execution of the work. The schedule shall be consistent with the previously
issued schedules, not exceed time limits current under the Contract Documents and
shall be related to the entire project to the extent required by the Contract Documents.
The schedule for the performance of the work shall be a Critical Path Method system.
C. Project Construction Budget: Review the project budget and advise the Eagle County
Project Manager, ECAT, and the Architect if it appears that the Project Construction
Budget will not be met and make recommendations for corrective action. The
Contractor 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 Eagle County Project Manager whenever projected costs are expected
to vary from the projected budget and/or the Guaranteed Maximum Price, and
continually monitor the cost estimates to assure that the Work remains within the
applicable budget of the Guaranteed Maximum Price.
D. Coordination of Contract Documents: Review the drawings and specifications
recommending alternative solutions whenever design details affect construction
feasibility of schedules.
E. Plan Review: Review plans and specifications with the Architect, the Eagle County
Project Manager, and ECAT to eliminate areas of conflict, for coordination, accuracy
and completeness of the plans and specifications at the issue of the construction
documents.
F. Labor: Analyze the types, quantity and availability of appropriate categories of labor
required for various phases of the Project.
G. Project Control: Monitor the Work of the subcontractors and coordinate the Work with
the activities and responsibilities of the Eagle County Project Manager, ECAT, and the
Architect to complete the Project in accordance with the construction documents and
Eagle County and ECAT's objectives of cost, time and quality.
H. Organization: Establish on -site organization and lines of authority in order to carry out
the overall plans of the Construction Documents.
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I. Communication: Establish procedures for coordination among the Eagle County
Project Manager, ECAT, Architect, subcontractors and Contractor with respect to all
aspects of the Project and implement such procedures.
J. Monitoring: Provide regular monitoring of the schedule as construction progresses.
Identify potential variances with the scheduled completion dates. Review schedule for
Work not started or incomplete and recommend to the Eagle County Project Manager,
ECAT, Architect, and subcontractors adjustments in the schedule to meet the ,
completion date. Provide summary reports of each monitoring and document all
changes in schedule. Determine the adequacy of the subcontractors' personnel and
equipment and the availability of materials and supplies to meet the schedule.
K. Cost Control: Develop and monitor an effective system of project cost control,
showing actual costs for activities in progress and estimates for uncompleted tasks.
Incorporate approved changes as they occur.
L. Permits and Fees: Eagle County has applied and paid for the general building and 1041
permits. Contractor will obtain and pay for all mechanical and electrical permits
applicable to subcontractor work and any other special permits for permanent
improvements not previously obtained by Eagle County.
M. Staffing: The Contractor 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 and ECAT to coordinate and provide general direction of the
work and progress of the subcontractors on the Project. The Contractor superintendent
shall not be changed except with the consent of Eagle County's Project Manager, such
consent to not be unreasonably withheld. The Contractor's Project Superintendent shall
represent the Contractor in his/her absence and all direction given to him/her shall be as
binding as if given to the Contractor.
N. The Contractor shall provide full-time, qualified and efficient supervision of the Work,
using their best skill and attention. The Contractor shall carefully study and compare all
drawings, specifications and other instructions and shall at once report to the Eagle
County Project Manager any error, inconsistency or omission which it may discover.
The Contractor shall inspect the Work of the subcontractors at all stages and at final
completion and shall guard Eagle County and ECAT against defects and deficiencies in
such Work. The Contractor shall be responsible to Eagle County and ECAT for the acts
and omissions of all its employees and agents and all other persons performing any of
the Work under a contract with the ECAT, for which the Contractor has supervisory or
inspection responsibility hereunder.
O. Safety: The Contractor shall be responsible for the safety of persons and property and
for compliance with all federal, state and local statutes roles, regulations and orders
applicable to the conduct of the Work.
P. Shop Drawings and Samples: In collaboration with the Architect, establish and
implement procedures for expediting the processing and approval of shop drawings and
samples.
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Q. Reports and Project Site Documents: Record the daily progress of the Project in a daily
log available to the ECAT, the Eagle County Project Manager and the Architect.
Submit on a weekly basis written progress reports and summaries of meetings to the
Eagle County Project Manager, ECAT and the Architect, including information on the
subcontractors' Work, the actual cost vs. budgeted cost, actual construction point vs.
projected schedule point, reasons for any discrepancies, the percentage -of completion
and the corrective actions to obtain compliance with time and cost schedules.
R. Record Maintenance: Maintain at the Project site, on a current basis, records of all
necessary contracts, shop drawings, samples, purchases, materials, equipment,
maintenance and operating manuals and instructions and any other documents and
revisions thereto which arise out of the Contract or the Work. Obtain data from
subcontractors and maintain a current set of record drawings, specifications and
operating manuals. At the completion of the Project, submit all such documents to the
Architect for delivery to Eagle County along with one complete set of "As Built."
S. Project Completion: Determine Project Completion of designated portions of the Work
and prepare for the Architect a list of incomplete or unsatisfactory items and a schedule
for their completion.
ARTICLE 2 — OWNER'S REPRESENTATIVE
2.1 The project is under the authority of the Eagle County Facilities Project Management
Department, the Manager of which, or his/her designee, shall be Eagle County's liaison with
Contractor with respect to the performance of the Work.
ARTICLE 3 - CONTRACT TIME
3.1 The work will commence on or before June 25, 2007, and be substantially completed on
or before December 20, 2007 and be ready for final payment in accordance with Article 6.3
hereunder.
ARTICLE 4 - CONTRACT PRICE
4.1 The ECAT has established a cost not to be exceeded for the entire Work ("Guaranteed
Maximum Price") based on consultation with the Architect and the Contractor, which shall
include contingencies. The funds appropriated for this Project are equal to or in excess of the
Guaranteed Maximum Price amount.
4.2 The Guaranteed Maximum Price is $3,659,965.00 and the Contractor acknowledges
that the ECAT is limited by this sum to construct the entire Work.
4.3 Funds for this project have been budgeted and appropriated, however, financial
obligations of the ECAT payable after the current fiscal year are contingent upon funds for the
purpose being appropriated, budgeted, and otherwise made available.
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4.4 In accordance with the conditions imposed in the appropriation or allocation authorizing
the construction of the Project herein contemplated, the total cost for the Contractor's fee and
all sums otherwise due the Contractor as the cost of construction, as set forth throughout this
Agreement, are expressly subject to the foregoing limitations and nothing herein contained
shall be construed or understood to commit the ECAT to a total expense greater than that which
is provided in the appropriation or allocation. The ECAT agrees to provide evidence of the
appropriation to the Contractor 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. The ECAT agrees not to issue any directed Change Orders
or Modifications which would cause the sums due the Contractor pursuant to this Agreement to
exceed the appropriation or allocation for the Work nor shall the Contractor be required to
undertake any acts that would cause sums due the Contractor to exceed the appropriation or
allocation for the work unless mutually agreed to by the parties. No change order or other form
of order or directive by the ECAT, and no amendment to this Agreement, requiring additional
cornpensable work to be performed, which work causes the aggregate amount payable under
the Agreement to exceed the amount appropriated for the original Agreement, shall be of any
force or effect unless accompanied by a written assurance by the Eagle County Project
Manager and ECAT that lawful appropriations to cover the costs of the additional work have
been made or unless such work is covered under a remedy -granting provision in the
Agreement. (In no event shall the failure to appropriate funds subject the ECAT to any
liability for costs, fees or services performed by Contractor or its subcontractors.)
4.5 CONTRACTOR'S FEE
4.5.1 In consideration of the performance of this Agreement, the ECAT shall pay the
Contractor in current funds as compensation for its services, Five and One -Half percent (5.5%)
of the Guaranteed Maximum Price (GMP), which shall be included as a fixed sum in the GMP.
4.5.2. Contractor's fee shall include all overhead and profit. Overhead shall include all of the
Contractor's off site costs, including, but not limited to, those for project management,
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 General Contractor's Fee shall include:
A. Salaries and other compensation of the General Contractor's personnel stationed at the
Contractor's principal office or offices other than the site office.
B. Expenses of the General Contractor's principal office and offices other than the site
office;
C. Overhead and general expenses;
D. The General Contractor's capital expenses, including interest on the General
Contractor's
E. Capital employed for the Work;
F. General Contractor profit.
4.6 ADJUSTMENT IN FEE
4.6.1. Adjustments in Fee shall be made as follows:
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If, after the initial Guaranteed Maximum Price (GMP) is accepted by the ECAT, and Eagle
County's Project Manager and ECAT direct additions to or other changes that increase the
scope of Work, the Contractor's fee shall be Six and One -Half percent (6.5%) excluding bonds
and insurance for the additional work.
Abandonment or significant reduction in the scope or magnitude of the Project will result in a
negotiated reduction of the fee. The Contractor's fee will be based on the GMP as may be
amended from time to time. Notwithstanding the foregoing, the Contractor's Fee will not be
subject to reduction if the Guaranteed Maximum Price can be reduced through the efforts of
Contractor via procurement efforts or other cost saving construction methods.
4.6.2. Compensation paid or due and owing for preconstruction services under that
Preconstruction Services Agreement dated March 23, 2007 shall be considered a part of the
Contractor's fee for the Project and the amount of compensation paid under said Preconstruction
Agreement shall be reimbursed to ECAT in the form of an offset to future Contractor fees that
may become due and owing Contractor hereunder. As an exception to the reimbursed fee, the
contractor has been approved to expend $5,000.00 to progress the steel shop drawings and
$1,000.00 to obtain survey data necessary to design in order to progress construction activities
under the Preconstruction Services Agreement. These costs will be paid in full by Eagle County,
complete and including the prenegotiated fee, upon billing from the Contractor.
4.7. GUARANTEED MAXIMUM PRICE
4.7.1. It will be the Contractor's responsibility to maintain a total GMP that does not exceed
$3,659,965.00.
4.7.2. The GMP shall include all of the Contractor's obligations to be performed pursuant to
the terms of the Contract Documents and include, but not be limited to, all fees as set forth in
Section 4.6 and the actual fees and costs as outlined below:
A. Actual wages paid for labor in the direct employ of the Contractor in the performance
of the Work under applicable collective bargaining agreements, or under a salary or
wage agreed upon by Eagle County's Project Manager, ECAT, and Contractor and
including such with the ECAT are/or other benefits, if any, as may be payable with
respect thereto. If these wages are under applicable collective bargaining agreements
the termination date of such agreements must be included. The Contractor's labor
rate sheet is incorporated into this Agreement as Exhibit B.
B. Actual salaries of Contractor's employees when stationed at the field office, in
whatever capacity employed.
C. Actual cost of pension contributions, hospitalization, vacations, medical insurance,
assessments or taxes for such items as unemployment compensation and social
security, insofar as such cost is based on wages, salaries or other remuneration paid to
employees of the Contractor and included in the cost of the Work.
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D. The proportion of reasonable transportation, traveling and hotel expenses of the
Contractor or of its officers or employees incurred in discharge of duties connected
with the Work, if approved in advance by the Eagle County Project Manager and
ECAT.
E. 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.
F. Actual payment made by the Contractor to subcontractors for work performed
pursuant to contract under this Agreement.
G. Actual cost, including transportation and maintenance, of all materials, supplies,
equipment, temporary facilities and hand tools not owned by the workmen, which are
employed or consumed in performance of the Work and costs less salvage value on
such items used but not consumed which remain property of the Contractor.
H. Actual rental charge of all necessary machinery and equipment, exclusive of hand
tools, used at the site of the Work, whether rented from the Contractor or other,
including installation, repairs and replacement, dismantling, removal, costs of
lubrication, transportation and delivery costs thereof, at rental charges consistent with
those prevailing in the area. The Contractor's Equipment Rental Rate sheet is
incorporated into this Agreement as Exhibit C.
I. Cost of the premiums for all bonds and insurance which are required by the Contract
Documents.
J. Permit fees (with the exception of the General Building Permit and 1041 Permit,
which have been applied and paid for by Eagle County), licenses, tests and royalties.
K. 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.
L. Cost of removal of all debris.
M. Cost incurred due to an emergency affecting the safety of person and property, to the
extent not compensated by insurance or otherwise.
N. 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 and ECAT.
O. All costs directly incurred in the performance of the Work and not included in the
Contractor's Fee.
P. 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.
Q. Contingencies.
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R. Indirect costs (General Conditions).
S. Contractor's fee.
4.7.3. On -site costs of construction will be considered a part of the cost of the Work and these
costs are not to be included in the fee. Except as set forth in Sections 4.7.5 and 4.7.6 herein, all
savings below the GMP shall be shared equally between the ECAT and the Contractor. All
costs set forth in this Article 4 and all other costs of the Work will be provided by the
Contractor at cost, without further markup, and shall be secured through a competitive process
whenever possible. Work performed by the Contractor's own forces (other than General
Conditions/General Requirements) with the ECAT's prior consent, shall be paid at actual cost
plus 5.5 % overhead.
4.7.4. The Guaranteed Maximum Price proposal shall:
A. Set forth a stated dollar amount which may not be exceeded;
B. Contain no conditions or exceptions, other than those expressly agreed to in the
Schedule of Values and Statement of Qualifications, Exhibit B.
C. Any allowances shall be contained in the GMP and approved by the Eagle County
Project Manager and ECAT.
4.7.5. The GMP includes General Conditions/General Requirements. The Contractor will
submit for review and acceptance by Owner an itemized breakdown of the General
Conditions/General Requirements costs for the Project.
4.7.6. Any project savings, below the Guaranteed Maximum Price, resulting from bidding of
subcontractors and other costs of the work shall accrue to the Owner and Contractor equally.
Shared project savings will not be applied to Allowances where all savings/overage will accrue
solely to Owner. Shared project savings will not be applied to significant reduction in the scope
of the Work directed by Owner to reduce overall project costs, all such savings to accrue solely
to Owner.
4.7.7 Pursuant to the provisions of §24-91-103.6, C.R.S., and notwithstanding anything to the
contran, contained elsewhere in the Contract Documents, no change order or other form of order
or directive by Owner, and no amendment to this Agreement, requiring additional compensable
work to be performed which work causes the aggregate amount payable under the Agreement to
exceed the amount appropriated for the original Agreement, shall be of any force or effect unless
accompanied by a written assurance by ECAT that lawful appropriations to cover the costs of the
additional work have been made or unless such work is covered under a remedy -granting
provision in the Agreement.
4.7.8 Funds for this project have been budgeted and appropriated. Notwithstanding anything to
the contrary contained in this Agreement, no charges shall be made to ECAT nor shall any
payment be made to Contractor for any Work done after December 31, 2007, without the written
approval of ECAT in accordance with a budget adopted by the Board of County Commissioners
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in accordance with the provisions of Article 25 of Title 30 of the Colorado Revised Statues and
the Local Government Budget Law (C.R.S. 29-1-101 et seq.).
4.8 CLAIMS FOR ADDITIONAL COST
4.8.1 The GMP constitutes the total compensation payable to Contractor for performing the
Work. All duties, responsibilities, and obligations assigned to or undertaken by Contractor shall
be at his expense without change in the GMP. The GMP may only be changed by a change
order. Any claim for an increase in the GMP shall be based on written notice delivered to the
Eagle County Project Manager and ECAT within fifteen (15) days of the occurrence of the event
giving rise to the claim and in all cases before proceeding to execute the Work, except in an
emergency endangering life or property. 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.
4.8.2 Contractor claims for additional cost are limited to changes made by written order of the
Eagle County Project Manager and ECAT in the Work which cause the GMP to be exceeded and
such fact is conspicuously noted on the document approved by the Board of County
Commissioners. Adjustments in the GMP shall be made at the sole discretion of the County.
Contractor's failure to discern conditions or circumstances that later increase their cost to
complete the Project shall not be a basis for an adjustment to the GMP.
ARTICLE 5 - LIQUIDATED DAMAGES
5.1 LIQUIDATED DAMAGES: Eagle County, ECAT, and Contractor recognize that time is
of the essence of this agreement and that Eagle County and ECAT will suffer financial loss if the
Work is not substantially complete 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 a legal or arbitration preceding the actual
loss suffered by Eagle County and ECAT if the Work is not substantially complete on time.
Accordingly, instead of requiring such proof, Eagle County, ECAT and Contractor agree that as
liquidated damages for delay (but not as a penalty) Contractor shall pay ECAT two hundred
dollars ($200.00) for each day that expires after the time specified in paragraph 3.1 for
completion until the Work is complete.
5.1.1 If the Contractor 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 and ECAT shall thereon grant an extension equal,
in Eagle County's and ECAT's reasonable opinion, in duration to the delay, if any, that was
caused by the excusable, inclement weather. Excusable, inclement weather is snowfall, rainfall,
freezing temperatures or excessive wind conditions, the degree or duration of which varies in
excess of the average conditions expected, which is unusual for the particular time and place
where the work is to be performed, or which could not have been reasonably anticipated by the
Contractor.
5.2 The completion dates as set forth in paragraph 3.1 above include a reasonable time for the
reviews and approvals required by this agreement. Should the Contractor 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
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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 and ECAT, in their sole discretion that good cause exists for such extension.
5.3 All time extensions shall be made pursuant to paragraph 7 of the General Conditions.
ARTICLE 6 - PAYMENT PROCEDURE
6.1 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 Payment will be processed as provided
in the General Conditions.
6.2 PROGRESS PAYMENTS: ECAT 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. ECAT 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.
6.2.1 Prior to Completion, progress payments will be in an amount equal to:
90% of the Work and Contractor's Fee completed.
100% of the Contractor's Materials and Equipment completed.
100% of Contractor's Materials and Equipment not incorporated in the Work but
delivered and suitably stored.
Retention shall be held 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.
6.3 FINAL PAYMENT: Upon final completion and acceptance in accordance with
Paragraph 21 of the General Conditions, ECAT 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.
ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
7.1 In order to induce Eagle County and ECAT to enter into this Agreement, Contractor
makes the following representations:
7.2 Contractor has familiarized itself with the nature and extent of the Contract Documents,
Work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules
and regulations that in any manner may of ect cost, progress, or performance of the Work.
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7.3 Contractor has made, or caused to be made, examinations, investigations, and tests and
studies of such reports and related data as it 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.
7.4 Contractor has correlated the results of all such observations, examinations,
investigations, tests, reports, and data with the terms and conditions of the Contract Documents.
7.5 Contractor has given Owner written notice of all conflicts, errors, or discrepancies that he
has discovered in the Contract Documents and the written resolution thereof by Owner, if any, is
acceptable to Contractor.
7.6 In cooperation with Eagle County and ECAT, the Contractor shall attend regularly
scheduled meetings with the Eagle County Project Manager and ECAT at the Project Manager's
request to discuss progress, present material and information and respond to questions regarding
the Project. The Contractor will be responsible for submitting to the Eagle County Project
Manager and ECAT, within five working days, the minutes of all meetings during the
construction phase. The Contractor shall maintain the minutes and suggested modifications in
chronological order in a three -hole punch binder.
7.7 At the completion of the project and at Eagle County and ECAT's request, the Contractor
shall provide a complete set of as -built plans and submit to the Eagle County Project Manager
and ECAT at Owner's expense.
ARTICLE 8 - CONTRACT DOCUMENTS
The Contract Documents which comprise the entire Agreement are made a part hereof
and consist of the following:
8.1 This Agreement.
8.2 Preconstruction Agreement date March 23, 2007 (Exhibit A)
8.3 Schedule of Values and Statement of Qualifications (Exhibit B)
8.4 General Conditions.
8.5 Project Specifications and Plans prepared by Carter Burgess dated May 1, 2007.
8.6 Any modifications, including Change Orders, duly delivered after execution of
Agreement.
8.7 Contractor's 2007 Labor Rate Sheet (Exhibit C)
8.8 Contractor's 2007 Equipment Rental Rate Sheet (Exhibit D)
8.9 Contractor's Preliminary Construction Schedule (Exhibit E)
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There are no Contract Documents other than those listed above in this Article 8. The Contract
Documents may only be altered, amended, or repealed by an executed, written amendment to
this Agreement.
The intent of the Contract Documents is to include all items, components and services necessary
for the proper execution and completion of all the Work. The Contract Documents are
complementary, and what is required by any one shall be as binding as if required by all. Words
and abbreviations which have well known technical or trade meanings are used in the Contract
Documents in accordance with such recognized meanings. If there is conflicting variance
between the drawings and specifications, the most stringent and beneficial to ECAT shall control
and apply unless the Eagle County Project Manager and ECAT direct otherwise in writing.
Numerous Exhibits developed over a period of time are also attached to and made a part of the
Contract Documents, some of which may be in conflict with other Exhibits or portions of this
Agreement. After the GMP is established, in the event of any conflict between any of the
Exhibits or between any of the Exhibits and the other Contract Documents, the greater service,
better quality or greater quantity shall be included in the Work, Contract Sum and Guaranteed
Maximum Price, without additional compensation.
The County and ECAT's consultants (including, but not limited to, all architects and engineers),
acting as contractors and not agents of the ECAT, will prepare and furnish Construction
Documents for the Project. The ECAT makes no express warranties, and disclaims all implied
warranties, with respect to the Construction Documents. More specifically, and without
limitation, it is the Contractor's expressed responsibility to review all design and construction
documents relating to construct ability 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.
ARTICLE 9 - SCHEDULE & SECURITY
9.1 Contractor shall submit its proposed Work schedule(s) to the Eagle County Project
Manager and ECAT for approval. All Work will be scheduled and performed in a manner which
will produce minimum interference with the daily activities of the Eagle County Airport. Unless
otherwise agreed, Contractor shall be allowed on -site for performance of Work only during the
agreed upon time. Construction and staging schedules and plans shall be developed by
Contractor and pre -approved by ECAT in its' sole discretion prior to construction.
ARTICLE 10- INDEPENDENT CONTRACTOR
10.1 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.
Contractor shall be, and shall perform as, an independent contractor. No agent, subcontractor,
employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or
servant of Eagle County and ECAT. The Contractor shall be solely and entirely responsible for
its act and for the acts of Contractor's agents, employees, servants and subcontractors during the
performance of this Agreement.
GACapital Projects (CPROJECT)\Airport Terminal RooflAgreements\Constructionlconstruction agreement.doc 12
ARTICLE 11- CONTRACTOR'S LEVEL OF CARE
11.1 The Contractor shall be responsible for completeness and accuracy of the Work,
including all supporting data and other documents prepared or compiled in performance of the
Work, and shall correct, at its sole expense, all errors and omissions therein. The fact that the
Eagle County Project Manager and ECAT have accepted or approved the Contractor's Work
shall not relieve the contractor of any of its responsibilities. The Contractor and its professional
consultants shall perform the 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.
ARTICLE 12 — CHANGES IN THE WORK
12.1 AMENDMENTS AND CHANGE ORDERS
12.1.1 Eagle County and ECAT, without invalidating this Agreement and without notice to any
surety, may order extra Work or make changes by altering, adding to, or deducting from the
Work (changes), the GMP and Contract Time being adjusted accordingly. All such Work shall
be executed under the conditions of this Contract except that any claim for extension of the
Contract Time caused thereby shall be adjusted by Change Order at the time of ordering such
change. The parties further recognize that in making changes, the Owner may wish to make
substantial increases or decreases to the Work to be performed and expressly agrees that in
making any such changes, the same shall be permissible under the terms of this Agreement and
all adjustments to the Contract Sum, Guaranteed Maximum Price and Contract Time shall be
made in accordance with this Agreement.
12.1.2 A Change Order is a written order to the Contractor signed by the Board of County
Commissioners, issued after the execution of this Agreement, authorizing a change in the Work,
the method or manner of performance, and adjustment in the GMP or the Contract Time. The
GMP and the Contract Time may be changed only by Change Order. A Change Order signed by
the Contractor conclusively establishes the Contractor's agreement therewith, including the
adjustment in the GMP and the Contract Time.
12.1.3 No extra work or change in the Contract Documents shall be made unless by a written
Change Order approved by Eagle County Commissioners. No claim for any change to the
Guaranteed Maximum Price or Contract Time shall be valid unless so ordered. No one other
than the Board of County Commissioners, in writing, has authority to require an increase to the
Guaranteed Maximum Price.
12.1.4 The Contractor promptly proceed with the Work involved provided a written Change
Order signed by the Owner is received.
12.2 DIFFERING SITE CONDITIONS
12.2.1 The Contractor shall promptly, and before the conditions are disturbed, give notice to the
Owner of (1) subsurface or latent physical conditions at the site which differ materially from
those indicated in the Contract Documents, or (2) unknown physical conditions at the site of an
unusual nature, which differ materially from those ordinarily encountered and generally
GACapital Projects (CPROJECT)\Airport Terminal Rooi\Agreements\Construction\construction agreement.doc 13 -,Y)
recognized as inhering in work of the character provided for in the Contract Documents. Failure
to So notify the Owner shall be considered acceptance of the site conditions and no future claims
bar, ed on said conditions shall be entertained.
ARTICLE 13 — MISCELLANEOUS
13.1 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.
13.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal
representatives to the other party hereto, in respect to all covenants, agreements, and obligations
contained in the Contract Documents.
13.3 ATTORNEY'S FEES: In the event of litigation between the parties hereto regarding the
interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if
suit otherwise is brought to recover damages for breach of this Agreement, or an action be
brought for injunction or specific performance, then and in such events, the prevailing party shall
recover all reasonable costs incurred with regard to such litigation, including reasonable
attorney's fees.
13.4 APPLICABLE LAW: This Agreement shall be governed by the laws of the State of
Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in
connection with this Agreement shall be exclusive in Eagle County, Colorado.
13.5 INTEGRATION: This Agreement, including those documents set forth in Article 8,
supersedes all previous communications, negotiations and/or contracts between the respective
parties hereto, either verbal or written, and the same not expressly contained herein are hereby
withdrawn and annulled. This is an integrated agreement and there are no representations about
any of the subject matter hereof except as expressly set forth in the Contract Documents.
13.6 NOTICE: Notice shall be provided to the respective parties by being given to the persons
at the addresses as follows, until changed by notice in writing:
To OWNER:
Facilities Management Dept.
Valerie Hays, Project Manager
P.O. Box 850
590 Broadway
Eagle, Colorado 81631
Phone: 970-328-8880
Fax: 970-328-8899
To CONTRACTOR:
Attn: Tony Faulhaber
U. Viele Construction, Inc.
1000 S. Frontage Road, Suite 202
Vail, CO 81657
Phone: 970-476-3082
Fax: 970-476-3423
GACapital Projects (CPROJECT)1Airport Terminal RooflAgreements\Constructionlconstruction agreement.doc 14
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Written notices shall be delivered personally, by commercial messenger service or by prepaid
U.S. mail. Notices also may be given by facsimile transmission provided an original is also
promptly delivered.
13.7 The Contractor shall not discriminate against any employee or applicant for employment
to be employed in the performance of the Work on the basis of race, color, religion, national
origin, sex, ancestry, physical handicap, or age. The contractor shall require all consultants to
agree to the provisions of this paragraph.
ARTICLE 14 - PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES
14.1 The Contractor shall not knowingly employ or contract with an illegal alien to perform
work under the public contract for services; or enter into a contract with a subcontractor that fails
to certify to the contractor that the subcontractor shall not knowingly employ or contract with an
illegal alien to perform work under the public contract for services.
14.2 The Contractor shall verify or attempt to verify through participation in the Basic Pilot
Verification program, as administered by the United States Department of Homeland Security,
that the Contractor does not employ any illegal aliens. If the Contractor is not accepted into the
Basic Pilot Verification Program prior to entering into a public contract for services, the
contractor shall apply to participate in the Program every three months until the contractor 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.
14.3 The Contractor shall not use the Basic Pilot Verification Program procedures to
undertake pre -employment screening of job applicants while the public contract for services is
being performed.
14.4 If the Contractor obtains actual knowledge that a Subcontractor performing work under
the public contract for services knowingly employs or contracts with an illegal alien, the
Contractor shall be required to:
A. Notify the Subcontractor and the County within three days that the Contractor has
actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and
B. Terminate the Subcontract with the Subcontractor if within three days of receiving the
notice required pursuant to subparagraph (i) of the paragraph (d) the Subcontractor does not stop
employing or contracting with the illegal alien; except that the Contractor 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.
C. The Contractor shall comply with any reasonable request by the Department of Labor
and Employment made in the course of an investigation that the department is undertaking
pursuant to its authority.
GACapital Projects (CPROJECT)\Airport Terminal RooflAgreements\Constructionlconstmction agrcement.doc 15
D. If a Contractor violates the prohibitions set forth in this Article 12, the County may
terrninate the contract for a breach of the contract. If the contract is so terminated, the Contractor
shall be liable for actual and consequential damages to the County. Consequential damages are
limited to those violations of this Article 12 and are inapplicable to any other violations of this
Agreement.
GACapital Projects (CPROJECT)1Airport Terminal RoofWgreements\Constructionlconstruction agrecment.doc 16 %-V/
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective
on the date first above written.
"Owner":
EAGLE COUNTY IR TERMINAL
CORPORATION y d Through Its
ATTEST BOARD OF CO IS NERS
By: " By:
Secretary to the Board of- Am M. N14Pnco ,Chairman
"Contractor":
J.L. Viele Construction, Inc.
By: � zC ,�—
Dav1d Viele
STATE OF COLORADO )
ss:
County of FAG It )
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of 5�t i-� CAP» %ST2C GTIO�/ Ti1�L . who acknowledged to me that he executed
the foregoing document, that he executed it in that capacity, and that the same was the act of that
corporation.
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GACapital Projects (CPROJECT)Wirport Terminal Root\Agreements\Construction\constmction agreement.doc 17
GENERAL CONDITIONS
1. Contractor shall provide and pay for labor, materials, equipment, tools, licenses,
transportation, and other facilities and services necessary for proper execution and
completion of the Work.
2. If Contractor fails to obtain the tax exemption(s) applicable to public works projects from
sales, consumer, use and similar taxes, Contractor shall pay the same. Owner (ECAT)
will cooperate with Contractor to obtain tax exemption for this project.
3. Contractor shall be responsible for having taken steps reasonably necessary to ascertain
the nature and location of the Work, and the general and local conditions which can affect
the Work or the cost thereof. Any failure by Contractor to do so will not relieve him
from responsibility for successfully performing the Work without additional expense to
the Owner. Owner assumes no responsibility for any understanding or representations
concerning conditions made by any of its officers, employees or agents prior to the
execution of this Agreement, unless such understanding or representations are expressly
stated in the Agreement.
4. Before commencing activities, Contractor shall: (1) take field measurements and verify
field conditions; (2) carefully compare this and other information known to Contractor
with the Agreement; and (3) promptly report errors, inconsistencies or omissions
discovered to Owner.
5. Contractor shall supervise and direct the Work, using Contractor's best skill and attention.
Contractor shall be solely responsible for and have control over construction means,
methods, techniques, sequences and procedures, and for coordinating all portions of the
Work.
6. Contractor, as soon as practicable, shall furnish in writing to the Owner the names of
subcontractors and suppliers for each portion of the Work.
7. No charge shall be made by Contractor for hindrances or delays from any cause whatever
during the progress of any portion of the Work, unless such hindrance or delay is caused
in whole or in part by acts or omissions within the control of Owner. In any event,
Owner may grant an extension of time for the completion of the Work, provided it is
satisfied that delays or hindrances were due to causes outside Contractor's control, e.g.,
weather, or to acts of omission or commission by the Owner, provided that such
extensions of time shall in no instance exceed the time actually lost to Contractor by
reason of such causes, and provided further that Contractor shall have given Owner
immediate (as determined by the circumstances, but not exceeding 72 hours) notice in
writing of the cause of the detention or delay.
8. Contractor shall deliver, handle, store and install materials in accordance with
manufacturers' instructions.
9. Contractor warrants to Owner that: (1) materials and equipment furnished under the
Agreement will be new and of good quality; (2) the Work will be free from defects not
GACapital Projects (CPROJECT)1Airport Terminal RoodAgreements\Constructionlconstruction agreement.doc 18
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\4=9/
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 the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances,
building codes, rules or regulations without notice to Owner, Contractor shall assume full
responsibility for such Work and shall bear the attributable costs. Contractor shall
promptly notify Owner in writing of any conflicts between the specifications for the
Work and such governmental laws, rules and regulations.
11. Contractor shall keep the premises and surrounding area free from accumulation of debris
and trash related to the Work.
12. Contractor shall furnish performance and payment bonds, each in an amount at least
equal to the contract price as security for the faithful performance and payment of all
Contractor's obligations under the contract documents. These bonds shall remain in
effect at least until one year after the date of final payment, except as otherwise provided
by law. All bonds shall be in forms satisfactory to Owner, and be executed by such
sureties as (a) are licensed to conduct business in the state where the project is located,
and (b) are named in the current list of "Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as
published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S.
Treasury Department. All- bonds signed by an agent must be accompanied by a certified
copy of the authority to act. If the surety on any bond furnished by Contractor is declared
bankrupt, or becomes insolvent, or its right to do business is terminated in any state
where any part of the project is located, or it ceases to meet the requirements of clauses
(a) and (b) of the preceding paragraph, Contractor shall within five days thereafter
substitute another bond and surety, both of which shall be acceptable to Owner.
13. Contractor shall be solely responsible for the protection of the Work and material.
Contractor shall have no claim against Owner because of any damage or loss to the Work
(except that caused by negligence of Owner or those for whom Owner is responsible),
and shall be responsible for the complete restoration of damaged Work to its original
condition. In the event Contractor's Work is damaged by another party, not under his
supervision or control, Contractor shall make his claim directly with the party involved.
If a conflict or disagreement develops between Contractor and another party concerning
the responsibility for damage or loss to Contractor's Work, such conflict shall not be
cause for delay in Contractor's restoration of the damaged Work.
14. Contractor's Insurance:
The Contractor shall purchase and maintain such insurance as, will protect him from
claims set forth below which may arise out of or result from the Contractor's operations
under the contract, whether such operations be by himself, or by any subcontractor, or by
anyone directly or indirectly employed by any of them, or by anyone for whose acts
any of them may be liable. All such insurance shall remain in effect until final payment,
and at all times thereafter when Contractor may be correcting, removing, or replacing
GACapital Projects (CPROJECT)1Airport Terminal RoofWgreements\Constructionlconstruction agreement.doc 19
defective Work. In addition, Contractor shall maintain such completed operations
insurance for at least one year after final payment.
Insurance coverages shall be as follows:
Claims under Workmen's Compensation, disability benefits, and other similar employee
benefit acts, with coverage and in amounts as required by the laws of the State of
Colorado;
Claims for damage because of bodily injury, occupational sickness or disease, or death of
his employees, and claims insured by usual personal injury liability coverage;
Claims for damage because of bodily injury, sickness or disease, or death of any person
other than his employees, and claims insured by usual personal injury liability coverage;
and
Claims for damages because of injury to or destruction of tangible property, including
loss of use resulting therefrom.
Contractor's Liability Insurance issued to and covering the liability for damage imposed
by law upon the Contractor and each subcontractor with respect to all Work performed by
them under this Agreement.
Contractor's Protective Liability Insurance issued to and covering the liability for
damages imposed by law upon the Contractor and each subcontractor with respect to all
Work under this Agreement performed for the Contractor by subcontractors.
Completed Operations Liability Insurance issued to and covering the liability for damage
imposed by law upon the Contractor and each subcontractor arising between the date of
final cessation of the Work, and the date of final acceptance thereof out of that part of the
Work performed by each.
Comprehensive Automobile Insurance shall be carried in the amount of
$5009000/$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 Owner, will be permissible.
GACapital Projects (CPROJECT)IAirport Terminal Roof\Agreements\Constructionlconstruction agreement.doc 20 -4W
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: $13,0009000
Each Accident or Occurrence: $2,0003,000
Property Damage Liability:
Each Accident or Occurrence: $13,0003,000
Aggregate: $2,0003,000
Insurance shall be placed jointly in the names of the Owner, Contractor, and any and all
subcontractors, and any and all others obliged by contract with the Owner to do Work on
this project, and, at the Owner's option, any other person or persons whom the Owner
deems to have an insurable interest in said property, or any part thereof, payable as their
several interests may appear. Any proceeds obtained from insurance provided for by this
paragraph shall be paid to and held by the Owner as trustee. The Owner shall have the
right to withhold payment of such proceeds until such time as the Work destroyed or
damaged and covered by such insurance shall be reconstructed and shall pay such
proceeds on an installment basis similar to that provided for by progress payments
covering the original Work.
Certificates of Insurance: Certificates of Insurance acceptable to the Owner shall be filed
with the Owner prior to commencement of the Work. These Certificates shall contain
provisions naming the Owner as an additional insured under Contractor's insurance, as
more fully required by the General Conditions herein, and that coverage afforded under
the policies will not be canceled until at least thirty days prior written notice has been
given the Owner. Contractor and his subcontractors shall not permit any of his
subcontractors to start Work until all required insurance have been obtained and
certificates with the proper endorsements have been filed with the Owner. Failure of the
Contractor to comply with the foregoing insurance requirements shall in no way waive
the Owner's rights hereunder.
15. The Owner, at his option, may purchase and maintain such liability insurance as will
protect him against claims which may arise from operations under this contract.
Purchasing and maintaining such insurance, however, will not relieve the Contractor
from purchasing and maintaining the insurance hereinbefore specified.
16. Before permitting any of his subcontractors to perform any Work under this contract,
Contractor shall either (a) require each of his subcontractors to procure and maintain
during the life of his subcontracts, Subcontractor's General Liability and Property
Damage Insurance of the types and in the amounts as may be applicable to his Work,
which type and amounts shall be subject to the approval of the Owner, or (b) insure the
activities of his subcontractors in his own policy.
17. "fo the fullest extent permitted by law, Contractor shall indemnify and hold harmless
Owner, 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
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attorneys' fees, arising out of or resulting from performance of the Work, provided that
such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property (other than the Work itself)
including loss of use resulting therefrom, but only to the extent caused in whole or in part
by negligent acts or omissions of the Contractor, a subcontractor, anyone directly or
indirectly employed by them or anyone for whose acts they may be liable.
18. Progress Payments:
Not more often than once a month, Contractor shall submit to Owner an application for
payment filled out and signed by Contractor covering the work completed as of the date
of the application, and accompanied by such supporting documentation as Owner may
reasonably require. If payment is requested on the basis of materials and equipment not
incorporated in the work, but delivered and suitably stored at the site or at another
location agreed to in writing, the application for payment shall also be accompanied by
such data, satisfactory to Owner, as will establish Owner's title to the material and
equipment, and protect Owner's interest therein, including applicable insurance. Each
subsequent application for payment shall include an affidavit of Contractor stating that all
previous 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.
Owner will, within ten days after receipt of each application for payment, either indicate
in writing a recommendation of payment, or return the application to Contractor
indicating in writing its reasons for refusing to recommend payment. In the latter case,
Contractor may make the necessary corrections and resubmit the application. Owner.
shall, within 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 Owner at the time of payment free and clear of all liens, claims, security interests,
and encumbrances (in these General Conditions referred to as "Liens").
20. Final Payment:
Upon written notice from Contractor that the work is complete, Owner will make a final
inspection with Contractor, and will notify Contractor in writing of all particulars in
which this inspection reveals that the work is incomplete or defective. Contractor shall
immediately take such measures as are necessary to remedy such deficiencies.
After Contractor has completed all such corrections to the satisfaction of Owner, and
delivered all maintenance and operating instructions, 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
Owner may reasonably require, together with complete and legally effective releases or
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\ROW"
waivers (satisfactory to Owner) of all liens arising out of, or filed in connection with the
work. In lieu thereof, and as approved by Owner, Contractor may furnish receipts or
releases in full; an affidavit of Contractor that the releases and receipts include all labor,
services, material, and equipment for which lien could be filed, and that all payrolls,
material, and equipment bills, and other indebtedness connected with the work, for which
Owner or his property might in any way be responsible, have been paid or otherwise
satisfied; and consent of the surety, if any, to final payment. If any subcontractor,
manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt in full,
Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify
Owner against any lien.
21. Final payment shall not become due until Contractor submits to Owner releases and
waivers of liens, and data establishing payment or satisfaction of obligations, such as
receipts, claims, security interests or encumbrances arising out of the Work. Final
payment is subject to the Final Settlement requirements and time periods set forth in
C.R.S. §38-26-107.
21.1 The Owner shall not authorize final payment until all items on the punch list have been
completed, the Architect issues its Final Certificate of Completion, the ECAT has
received a Certificate of Occupancy from the local jurisdiction, the Notice of Acceptance
is issued, and the Notice of Contractor's Final Settlement Date is published and at least 30
days have expired with no claims filed.
21.2. Before the Owner may advertise, the Contractor shall:
A. Deliver to the Eagle County Project Manager and ECAT for review:
1. All guaranties and warranties;
2. A letter confirming that sales taxes from which the ECAT 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,
manufacturer and dealer for all labor, equipment and material used or
furnished by each on the Work;
GACapital Projects (CPROJECT)1Airport Terminal Roof\Agreements\Constructionlconstruction agreement.doc 23
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 ECAT the proper operation and
maintenance of all equipment.
21.3. Upon completion of the foregoing, the Contractor's Settlement shall be advertised in
accordance with Colorado law. On the date of final settlement thus advertised, and after
the Contractor has submitted a written notice that no claims have been filed, final
payment and settlement shall be made in full.
21.4. Pursuant to C.R.S. §38-26-107, if any unpaid claim for labor, materials, rental machinery,
tools, supplies, or equipment is filed before payment in full of all sums due the
Contractor, ECAT shall withhold from the Contractor sufficient funds to insure the
payment of such claim, until the same shall have been paid or withdrawn, such payment
or withdrawal to be evidenced by filing a receipt in full or an order for withdrawal signed
by the claimant or its duly authorized agent or assignee.
21.5. The making of final payment, after the Date of the Notice of Contractor Settlement of the
Project, shall constitute a waiver of all claims by the ECAT except those arising from:
A. Unsettled Claims;
B. Faulty or defective work appearing after Completion of the Work;
C. Failure of the Work to comply with the requirements of the Contract
Documents; or
D. Terms of any warranties or special warranties required by the Contract
Documents.
21.6. The acceptance of final payment, after the Date of the Notice of Contractor Settlement of
the Project, shall constitute a waiver of all claims by the Contractor except those
previously made in writing and separately identified by the Contractor as unsettled in the
final Project Application for Payment.
21.7. All provisions of the Contract Documents including without limitation those establishing
obligations and procedures, shall remain in full force and effect notwithstanding the
making or acceptance of final payment.
22. Contractor's obligation to perform and complete the Work in accordance with the
contract documents shall be absolute. Neither the recommendation of any progress or
final payment nor the payment by Owner to Contractor under the contract documents, nor
any use or occupancy of the Mork or any part thereof by Owner, nor any act of
acceptance by Owner, nor any failure to do so, nor any correction of defective Work by
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Owner shall constitute an acceptance of Work not in accordance with the contract
documents or a release of Contractor's obligation to perform the Work in accordance with
the contract documents.
23. Any work in accordance with the Contract Documents that the Owner 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 seven day period after receipt of written notice from the
Owner to correct such default or neglect with diligence and promptness, the Owner may,
without prejudice to other remedies, correct such deficiencies and Contractor shall be
responsible for the cost of such correction.
25. The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs, including all those required by law in connection with
performance of the Agreement. The Contractor shall promptly remedy damage and loss
to property caused in whole or in part by the Contractor, or by anyone for whose acts the
Contractor may be liable.
26. Contractor shall promptly correct Work rejected by Owner 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 Owner that all Work will be in accordance with the
Contract Documents and will not be defective. Prompt notice of all defects shall be given
to Contractor. If, within one year after the date of completion, or such longer period of
time as may be prescribed by law, prescribed by the terms of any applicable warranty
given by a materials supplier or required by or a part of the Agreement, any Work is
found to be defective, Contractor shall promptly, without cost to Owner, and in
accordance with Owner's written instructions, either correct such defective Work, or, if it
has been rejected by Owner, remove it from the site, and replace it with 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, Owner may have
the defective Work corrected or the rejected Work removed and replaced, and all direct
and indirect costs of such removal and replacement, including compensation for
additional professional services, shall be paid by Contractor.
28. The performance of the Work may be terminated at any time in whole, or from time to
time in part, by Owner for its convenience. Any such termination shall be effected by
delivery to Contractor of a written notice ("Notice of Termination") specifying the extent
to which performance of the Work is terminated and the date upon which termination
becomes effective. After receipt of a Notice of Termination, and except as otherwise
directed by Owner, Contractor shall, in good faith, and to the best of its ability, do all
things necessary, in the light of such notice and of such requests in implementation
thereof as Owner may make, to assure the efficient, proper closeout of the terminated
Work (including the protection of Owner's property). Among other things, Contractor
shall, except as otherwise directed or approved by Owner:
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A. stop the Work on the date and to the extent specified in the Notice of
Termination;
B. place no further orders or subcontracts for services, equipment or materials except as
may be necessary for completion of such portion of the Work as is not terminated;
C. terminate all orders and subcontracts to the extent that they relate to the performance of
Work terminated by the Notice of Termination;
D. assign to Owner, in the manner and to the extent directed by it, all of the right, title and
interest of Contractor under the orders or subcontracts so terminated, in which case
Owner shall have the right to settle or pay any or all claims arising out of the
termination of such orders and subcontracts;
E. with the approval of Owner, settle all outstanding liabilities and all claims arising out of
such termination or orders and subcontracts; and
F. deliver to Owner, when and as directed by Owner, all documents and all property
which, if the Work had been completed, Contractor would be required to account for or
deliver to Owner, and transfer title to such property to Owner to the extent not already
transferred.
In the event of such termination, the Contractor shall be entitled to payment for the work
performed prior to the termination date.
29. The selection of bidders shall be in accordance with the laws of Colorado. In the event of
the Contractor's non-compliance with the Colorado labor laws, this Contract may be
canceled, terminated or suspended, in whole or in part, without any liability to the ECAT.
30. Contractor acknowledges that the Work is a public work financed in whole or in part by
funds of the state of Colorado and/or a ECAT, and pursuant to section Title 8-17-101,
C.R.S. (1973) Colorado labor shall be employed to perform the Work in the extent of not
less than eighty percent (80%) of each type or class of labor in the several classifications
of skilled and common labor employed in the Work. For purposes of this provision,
"Colorado labor" means "any person who is a resident of the state of Colorado at the time
of employment, without discrimination as to race, color, creed, sex, age, or religion
except when sex or age is a bona fide occupational qualification.
31. The Contractor agrees to comply with the letter and spirit of the Colorado Anti-
discrimination Act of 1957, as amended, and other applicable laws respecting
discrimination and unfair employment practices. Pursuant thereto, the following
provision shall be contained in all ECAT contracts or subcontracts: during the
performance of this Contract, the Contractor agrees as follows:
A. The Contractor will not discriminate against any employee or applicant for employment
because of race, creed, color, national origin, sex, marital status, religion, ancestry,
mental or physical disability, or age. The Contractor will take affirmative action to
GACapital Projects (CPROJECT)\Airport Terminal Root\Agreements\Construction\construction agreement.doc 26
1��
insure that applicants are employed and that employees are treated during employment,
without regard to the above mentioned characteristics. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising; lay-offs or terminations; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the contracting officer setting forth
provisions of this non-discrimination clause.
B. The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, creed, color, national origin, sex, marital status,
religion, ancestry, mental or physical disability, or age.
32. Colorado Statutes do not provide for any right of lien against public buildings. In lieu
thereof, Title 38-26-107 ct seq. C.R.S., as amended, provides adequate relief for any
claimant having furnished labor, materials, rental machinery, tools, equipment or services
toward construction of the particular public work in that final payment may not be made
to a Contractor until all such creditors have been put on notice by publication in the
public press of such pending payment and given opportunity to stop payment to the
Contractor in the amount of such claims.
GACapital Projects (CPROJECT)\Airport Terminal Root\Agreements\Construction\construction agreement.doc 27 'Ib /
I
PRECONSTRUCTION SERVICES AGREEMENT FOR
PHASE IA - AIRPORT TERMINAL MODIFICATIONS
THIS AGREEMENT is made this 23rd day of March 2007 by and between Eagle County,
Colorado, acting by and through its Board of County Commissioners ("County") and J.L. Viele
Construction, Inc. a company organized and existing by virtue of the laws of the State of
Colorado ("Viele").
WHEREAS, the County intends to design and construct Phase 1 A, Airport Terminal
Modifications at the Eagle County Regional Airport in Gypsum, Colorado, with a gross square
footage of approximately Twenty Two Thousand (22,000) square feet at a target project cost of
1.45 million dollars ($1,450,000.00) ("Project"); and
72(
Exhibit A
Preconstruction Services Agreement
March 23, 2007
GACapital Projects (CPROJECT)\Airport Terminal Root\Agreements\Construction\construction agreement.doc
28
insure that applicants are employed and that employees are treated during employment,
without regard to the above mentioned characteristics. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising; lay-offs or terminations; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the contracting officer setting forth
provisions of this non-discrimination clause.
B. The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, creed, color, national origin, sex, marital status,
religion, ancestry, mental or physical disability, or age.
32. Colorado Statutes do not provide for any right of lien against public buildings. In lieu
thereof, Title 38-26-107 ct seq. C.R.S., as amended, provides adequate relief for any
claimant having furnished labor, materials, rental machinery, tools, equipment or services
toward construction of the particular public work in that final payment may not be made
to a Contractor until all .such creditors have been put on notice by publication in the
public press of such pending payment and given opportunity to stop payment to the
Contractor in the amount of such claims.
GACapital Projects (CPROJECT)1Airport Terminal RootWgreements\Constructionlconstruction agreement.doc 27 '� /
Exhibit A
Preconstruction Services Agreement
March 23, 2007
GACapital Projects {CPROJEC"1 }\Airport Terminal Roof\Agreements\Construction\construction agreement.doc 28 -it/
Ilqwpe
W
PRECONSTRUCTION SERVICES AGREEMENT FOR
PHASE IA - AIRPORT TERMINAL MODIFICATIONS
THIS AGREEMENT is made this 23rd day of March 2007 by and between Eagle County,
Colorado, acting by and through its Board of County Commissioners ("County") and J.L. Viele
Construction, Inc. a company organized and existing by virtue of the laws of the State of
Colorado ("Viele").
WHEREAS, the County intends to design and construct Phase 1 A, Airport Terminal
Modifications of the Eagle County Regional Airport in Gypsum, Colorado, with a gross square
footage of approximately Twenty Two Thousand (22,000) square feet at a target project cost of
1.45 million dollars ($1,450,000.00) ("Project"); and
WHEREAS, the Architect for the Project is Carter & Burgess, Inc., 707 17" Street, Suite 2300,
Denver, CO 80202 (phone 720-359-3010) ("Architect"); and
WHEREAS, the County desires preconstruction services to facilitate and assist with the design
of the Project; and
WHEREAS, Viele represents to the County that it is authorized to do business in the
state of Colorado, and that it has, by virtue of its capabilities of budgeting, cost
estimating, management, and personnel: the required technical and professional expertise
to perform the Scope of Work set forth hereunder.
NOW THEREFORE, the County and Viele, for the consideration hereinafter set forth, agree as
follows:
1. Scope of Work:
The Scope of Work ("Work") is generally described as performing those preconstruction services
as are normally and customarily provided during the planning and design phases of projects of
this nature. The Work is more particularly set forth and further described in the following:
I.I. Viele will consult with, advise, assist and make recommendations to the County and
Architect on all aspects of planning for the Project.
1.2. Viele 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.
1.3. Viele 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.
f� + \Vim/
1.4. Viele 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. Viele 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.
1.5. Viele will make budget estimates based on the 50% and 100% Design documents and
other available information. Viele 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.
1.6. Viele will provide subcontractor prequalification and solicit subcontractor pricing with
the 100% Design documents. Viele 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. Viele will present
the GMP within 20 working days of the issue of the 100% Construction Documents
1.7. Viele 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.
1.8. Viele will assist the design team in making recommendations of sequencing based on the
project parameters for determining the most cost, effective construction sequence. Viele will
provide a preliminary evaluation of the master critical path schedule developed by the County for
the construction phase, and provide comment and insight for further schedule refinement.
1.9 Viele 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.
1.10 Viele will assist the county in obtaining Building Permits if requested.
1.11 Vicle will assist County staff in developing an approved site and security management
plan for future construction activities.
2. Time of Performance:
Viele shall begin the Work to be performed under this Agreement upon an executed contract by
the County. The `'York shall proceed in accordance with the time schedule set forth in the
attached Exhibit "A."
3. Compensation and Pai ment:
County agrees to pay Viele for its services in performing the Work in accordance with the price
quotes set forth in the attached Exhibit "B." Specifically, payment will be made as follows:
2
3.1. County shall pay Viele an amount not to exceed Sixteen Thousand Five Hundred Dollars
($16,500.00) for the above Scope of Work identified in Section 1.
3.2. Additional Services if requested by the County and approved in writing in advance of
performance that are determined by the County and Viele not to be similar in nature as described
in section 1.11 shall be paid to Viele based on the hourly rates of $95.00 per hour for
"Management" and $55.00 per hour for "Estimator".
3.3. The compensation for the Work hereunder will be reimbursed to the County in the event
the project does proceed with construction with Viele as the Construction Manager/General
Contractor. In such event, the compensation for preconstruction services shall be considered a
part of the Contractor's fee for the Project and the amount of compensation paid under this
Agreement shall be reimbursed to County in the form of an offset to future Contractor fees that
may become due and owing Viele. Notwithstanding the foregoing, neither party represents that
the Project will be constructed or that Viele will be the Construction Manager/General
Contractor in the event of Construction. Any construction phase services beyond the Scope of
Work herein will be through separate written agreement of the parties. It is agreed that in the
event Viele is selected for Construction Services the fee will be established at 5.5% of the total
cost, inclusive of the preconstruction services costs and exclusive of Contingency.
3.4. The funds appropriated for this project are equal to or in excess of the contract amount.
Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made
to County nor shall any payment be made to Viele in excess of the above amounts for any work
done without the written approval of the County in accordance with a budget adopted by the
Board of County Commissioners in accordance with the provisions of the Colorado Revised
Statutes.
3.5. Not more often than once a month, Viele shall submit to County an invoice for payment
signed by a person authorized to sign legal documents on behalf of Viele identifying the work
completed as of the date of the invoice, and accompanied by such supporting documentation as
County may reasonably require. County agrees to pay Viele within thirty (30) days of receipt of
a properly documented invoice.
3.6. County may withhold from any payments due to Viele, 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 Viele to carry out the Scope of Work in accordance with this Agreement.
3.7. Viele 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 anti documents upon demand, with reasonable
notice anti at a reasonable time.
4. Independent Contractor:
It is expressly acknowledged and understood by the parties hereto that nothing contained i ele is
Agreement shall result in, or be construed as establishing, an employment relationship.
shall be, and shall perform as, an independent contractor. No technician, agent, subcontractor,
employee, or servant of Viele shall be, or shall be deemed to be, the employee, agent or servant
of County. Viele shall be solely and entirely responsible for its acts and for the acts of it
technicians, agents, employees, and servants during the performance of this agreement. Viele
shall not represent, act, purport to act or be deemed the agent, representative, employee or
servant of County.
5. No Assi nment or Subcontracting:
The parties to this Agreement recognize that in entering into this Agreement, County is relying
upon the resources, skill and reputation of Viele. Therefore, Viele may not assign its interest in
ded
the Agreement, including the assignment of any rights or delegation of any obligations prove
therein or subcontract the performance of any part of the Work, without the prior written consent
of County, which consent County may withhold at its sole discretion. Except as so provided, this
Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective
successors and assigns, and shall not be deemed to be for the benefit of or enforceable by any
third party. Unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under the
Agreement.
6. Insurance:
At all times during the term of this Agreement, Viele shall maintain the following insurance:
6.1. Claims under Workmen's Compensations, disability benefits, and other similar employee
benefit acts, with coverage and in amounts as required by the laws of the State of Colorado.
6.2. General Liability Coverage in the minimum amount of $1,000,000. (Combined personal
rY P
inJ u / roperty 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, proped b
erty
damage, and other damages imposed by law upon Viele with respect to all work perfo y
them.
6.3. Comprehensive Automobile Insurance in the amounts as required by the laws of the State
of Colorado.
6.4. Certificates of Insurance acceptable to the County, evidencing the above required
amounts shall be filed with the County within ten (10) days from the execution of this
Agreement.
4
7. Indemnification:
Viele 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 Viele.
8. Viele Representations:
8.1. Viele expressly recognizes that this Project has certain time and, fiscal constraints and
agrees to cooperate fully with the County and Architect in the design aspects of the Scope of
Work to help meet the constraints.
8.2. Viele further represents to the County that, by executing this Agreement, it has been
informed of and has reviewed the goals of the Project; the design of the Architect performed to
date for the Project; and the time schedule as well as fiscal constraints and contingencies of the
Project.
8.3. Viele shall perform the Scope of Work in a skillful, professional and competent manner
and in accordance with the standards of care, skill, and diligence applicable to other contractors
performing this type of work.
8.4. Viele shall be responsible for the completeness and accuracy of the Scope of Work and
shall correct, at its sole expense, all errors and omissions therein. The fact that County has
accepted or approved the Scope of Work shall not relieve Viele of any if its responsibilities
under this Agreement.
9. Notices:
Any notice required under this Agreement shall be personally delivered or mailed in the United
States mail, first class postage prepaid, to the appropriate party at the following addresses:
The County:
and a copy to:
J.L. Vicic Construction, [nc.:
5
Director of Facilities Management
P.O. Box 850
Eagle, Colorado 81631
Eagle County Attorney
P.O. Box 850
Eagle, Colorado 8-1631
Attention: David Viele
1000 South Frontage Roar! West
Suite 202
Vail, CO 81657
Written notices shall be delivered personally, by commercial messenger service or by prepaid
U.S. mail. Notices also may be given by facsimile transmission or email provided an original is
also promptly delivered.
10. Termination:
10.1. Notwithstanding Paragraph 10.2 hereunder, the performance of the Scope of Work may
be terminated at any time in whole or in part, by County for its convenience. Any such
termination shall be effected by delivery to Viele of a written notice of termination specifying
the date upon which termination becomes effective. In such event, Viele shall be compensated
for all work completed up to the date of termination.
10.2. If either party defaults or neglects to carry out the Scope of Work in accordance with this
Agreement and fails within a ten (10) day period after receipt of written notice from the other
party to correct such default or neglect with diligence and promptness, the other party may,
without prejudice to other remedies, terminate this agreement. If Viele 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 Viele.
County may recover the reasonable costs of correcting deficiencies in an amount not exceeding
that specified in the Agreement.
10.3. Upon the termination of this Agreement, Viele agrees to deliver to County such
information and items which, if this Agreement had been completed, would have been required
to be furnished to the County, including completed or partially completed plans, drawings, and
information.
11. Miscellaneous:
11.1. Viele shall not discriminate against any employee or applicant for employment to be
employed in the performance of this Agreement on the basis of race, color, religion, national
origin, sex, ancestry, physical handicap, age, political affiliation or family responsibility.
11.2. The making, execution and delivery of this Agreement by the parties hereto has not been
induced by any prior or contemporaneous representation, statement, warranty or agreement as to
any matter other than those herein expressed. This Agreement embodies the entire
understanding and agreement of the parties, and there are no further or other agreements or
understandings, written or oral, in effect between them relating to the subject matter hereof. This
Agreement may not be amended, including by any modification of, deletion from or addition to
the Scope of the Work, except by a written document of equal formality executed by both parties
hereto.
11.3. 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 5ch
District for the State of Colorado.
6
11.4. 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.
11.5. 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.
11.6. 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.
11.7. Time is of the essence and the parties agree to notify the other if they become aware that
any condition will significantly delay performance.
11.8. Neither party will be responsible for delays or lack of performance resulting from events
beyond the reasonable control of that party. Such events include, but are not limited to, acts of
God, weather conditions, fire, third party strikes, third party lock -outs, and other labor
disruptions, material shortages, riots, and acts of war.
12. Prohibitions on Public Contract for Services
12.1 The Contractor shall not knowingly employ or contract with an illegal alien to perform
work under the public contract for services; or enter into a contract with a subcontractor that fails
to certify to the contractor that the subcontractor shall not knowingly employ or contract with an
illegal alien to perform work under the public contract for services.
12.2 The Contractor shall verify or attempt to verify through participation in the Basic Pilot
Verification program, as administered by the United States Department of Homeland Security,
that the Contractor does not employ any illegal aliens. If the Contractor is not accepted into the
Basic Pilot Verification Program prior to entering into a public contract for services, the
contractor shall apply to participate in the Program every three months until the contractor 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
httos://www.vis-dhs.com\emnloyerregistration.
12.3 The Contractor shall not use the Basic Pilot Verification Program procedures to
undertake pre -employment screening of job applicants while the public contract for services is
being performed.
12.4 if the Contractor obtains actual knowledge that a Subcontractor performing work under
the public contract for services knowingly employs or contracts with an illegal alien, the
Contractor shall be required to:
a. Notify the Subcontractor and the County within three days that the Contractor has actual
knowledge that the Subcontractor is employing or contracting with an illegal alien; and
b. Terminate the Subcontract with the Subcontractor if within three days of receiving the
notice required pursuant to subparagraph (i) of the paragraph (d) the Subcontractor does no p
employing or contracting with the illegal alien; except that the Contractor 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.
C. The Contractor shall comply with any reasonable request by the Department of Labor
and Employment made in the course of an investigation that the department is undertaking
pursuant to its authority.
d. If a Contractor violates the prohibitions set forth in this Article 12, the County may
terminate the contract for a breach of the contract. If the contract is so terminated, the Contractor
shall be liable for actual and consequential damages to the County. Consequential damages are
limited to those violations of this Article 12 and are inapplicable to any other violations of this
Agreement.
//REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK//
Is
the attics hereto have executed this Agreement the day and year
IN WITNESS WHEREOF,p
first above written.
ATTEST:
of oco S�
Clerk to the Bo
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through
Its
BOARD OF COUNTY COMMISSIONERS
t� r� ti, -7 , -*1 ?;at* p N c
Chairman
JL Viele Construction, Inc.
4vid ele
Presi ent
STATE OF COLORADO )
ss:
County of )
On this _ day of
2006, came before me, a notary public,
known to me to be the president of JL Viel nt that he
Construction,
Inc. who acknowledged to me that he executed the foregoing document,
executed it in that capacity, and that the same was the act of the company.
My commission expires:
Notiiry Public
9
Task Name
5 Consultants submit 50% to CB
6 CB submit 50% Q2/FWIECIL-stimator for roviow
7 50°% Comments due Q2IFVJ and EC
8 Cost estimate due CB from estimator
9 i Viele/County Agreement for Prawn in place
10 50°% comments due Vioic
1 Progress meeting 1
'11 Consultants submit 1CO% to CO
12 CS submit 100% to 021FW for review
13 CB submit 100% to EC for review
14 EC submit 100% to CI IIGC for review
15 CM1GC Solicit Subcontractor pricing
18 .100% Comments due to CS
2 Progress meeting 2
17 Advertise for Constnuctivi-, Services
3 'Progress meeting 3
19 Final CD's from conswtants
20 Final CD's printed
21 Building Permit submi�.:cd
4 'Progress. meeting 4
16 CMIGC prepare and present final budgot
22 CM1GC construction contract finalized
23 Constriction commer.r as
Preconstnuction Services
Duration
Start
o days .
Tu0 2127107
1 day
Thu 311107
4 days
Fri 32107
7 days
Fri 3MM7
0 days
Fri 31W07
3 days
Fri 319107
1 day
Tue 3113/07
1 day
Mon 312SM7
1 day
Wed 328M7
1 day
Thu 329/07
1 day
Thu 329107
20 days
Fri 3I30/07
1 day
Fri 3130/07
0 deys
Mon 4/2107
20 days
Fri 416107
1 day
Fri 4113107
4 days
Tus 4117107
1 day
Fri 420/07
15 days
Fri 4=7
1 day
Thu 412=7
5 days
Fri 427107
5 days
Fri 514107
0 days
Thu 5f10f07
Eagle County Regional Airport
Phase 1 a - Outbound Baggage Roof
Exhibit A - Preconstnattion Schedule
Finish I 2007._.__.._ .__ —
January 2007 ._......._.!
Tuo 2127f07'-.... _.._
Thu 311107
Wed 3/7107
Mon 3112/07
Fri 313107 i
Tue 3/13107 i
Tue 3113107
Mon 32610T
Wed 3/28M7 !
Thu 3291071
Thu 3129107 '
Thu 4007
Fri 3130107
Mon 4=7
Thu 513107 I
Fri 4113M7
Fri 41=71
f
Fri 42=7 j
Thu 5H0/07 3
Thu 42SM7
Thu 5/3/07
Thu 511=7 i
Thu 5110107 I__-._--
Task �— Summary Railed Up Progress Group By summary
Critical Task l Rolled Up Task Deadline
Progress Rolled Up Critical Task Extemal Tasks
Milusiono Rolled Up Milestone Q Project Summary
J.L. Viele Construction, Inc.
Proposal and Statement of Qualifications
Preconstruction Services for Eagle County Regional Airport Terminal Modifications
Gypsum, Colorado
G: CM/GC COST ETIMATES FOR PRECONSTRVCTIONSERYICES
1) We estimate the value of the preconstruction services at a cost $16,500. Management ]tours are estimated at s9S/br and estima+nr
hours are provided at.S55/hr. We assume to provide about 235 hours of combined estimating and project management to perforn the
requested scope as follows:
• Consult, advise, and make recommendations to the County and Carter Burgess on all aspects of planning for the project
• Participate in 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 analvsis of alternative design. Evaluate alternatives on the basis of cost, schedule, labor and materials availaliility,
construction feasibility, warranties, projected life expectancy, and others as appropriate
• Validate and redefine costs as provided by the design cost estimates at 50% and 100°/u
• Review design details for accuracy and comprehensiveness
• Provide schedule review and sequencing insight. Assist in the development of the Final Constntctiun Schedule
2) If selected as the construction contractor, our firm proposes to complete the project for a fee of S.S% of the total cost (inclusive of the
preconstruction costs). We we familiar with several forms of construction agreements and we assume that the cone jot would be uuuque
to this project. We can agree to most modifications to a ALA contract or existing county standard agreement.
w,
Rmidiog cLmu .hh pmpm, aJamnmdLg quaurym./ m'm
12414
Exhibit B
Schedule of Values and Statement of Qualifications
GACapital Projects (CPROJECT)IAirport Terminal Roo t\Agreements\Constructionlconstruction agrecment.doc 29 ��/
J. L. Viele Construction, Inc.
1000 South Frontage Road; Suite 202
PROJECT: I
OWNER: 'Eagle
Eagle County Airport
Coun
Vail, CO 81667
970-476-3082
ARCHITECT:
DATE:
Carter Burgess
6
DESCRIPTION
EXHIBIT B:
Schedule of
Values
QUANT
7=w
MAIL
LABOR
SUB
TOTAL
SUB
PER SF
COMMENTS
02
M�Z &=Demolition
2,250
43.414
166,092
211,756
Diamond A
6.62
(130,596)
03
Concrete
0
0
386,262
386,262
S2M
12.08
166,981
04
Mason rY
0
0
4,250
4,250
AMMI
0.13
750
05
Steel
1,000
0
690,950
691,950
Midwest
21.64
122,200
06,
Woods & Plastics
24,250
21,098
0
45,348
JI-V
1.42
0
07
Thermal & Moisture Protection
7,860
6,940
409,021
423,821
Horn
13.25
(51,446)
08
Doors & Windows
42,094
7,195
63,892
113,181
Firkins
3.54
18,853
09
Finishes
300
8,160
230,594
239,054
Elite
7.47
(24,671)
10
Specialties
2,500
0
0
2,500
JLV
0.08
400
11
Equipment
0
0
0
0
0.00
0
12
Fumishings
0
0
0
0
0.00
0
13
Special Construction
0
0
0
0
0.00
0
14
Conveying Systems
0
0
95,000
95,000
BOCA
2.97
86,500
15
..Mechanical
0
0
583.932
583,932
2H
18.26
(140,836)
161
Electrical
16,728
0
209,645
226,373
New
7.08
20.416
SUB -TOTAL ESTIMATE
96,982,
86,807
2.839,638
3,023,427
94.53
68,551
01
General Conditions
320,010
10.01
(18,200)
Payment and Performance Bond
39,247
1.23-
402
18
Permits, Insurances & Fees
22,664
0.71
340
2.0%
Contractor Contingency
67,322
2.10
(15,563)
19.5.5%
Contractor Fee
-187,294
5.86
2,810
TOTAL ESTIMATE
114.44
38,344'
Z3,659,9651
Gross
Net
SF Calculations
Sq footage
Sq footage
Cost Per SF
Ground Floor
23,600
100%
23,600
'Mezzanine
4,920
100%
4,920
Exterior Slat
13,850
25%,
3,463
Total Buildable
42,3701
31,983
1
Page 1 of 7
8
J. L Viele Construction, Inc.
PROJECT:
Eagle County Airport
---- "- -
- -
-- - -
1000 Sough Frontage Road; Suite 202
Vail, CO 81657
--- --------------------------------------------
970-476-3082
OWNER:
Eagle Counter _
-
------------
�----------- - -
-
---------- _...
ARCHITECT:
Carter Bu ess
_--------- -
161912007 - _____ __--
----T---
-__
i DATE:
►
DESCRIPTION 55ANT
EXHIBIT B:iSchedule
of
Values
=
RAWLABOR
SUB
TOTAL
SUB
PER SF
COMMENTS
02
SITEWORK
02055
Street Cleaning Allowance
1
al
1,000
1.000
JLV
0.03
02070
General Labor
6
mo
38,184
38,184
JLV
1.19
1 laborer
02000
Subsurface Exploration Program/Geotech
1
is
0
0.00
By Owner
P-140
Sitework Demolition
1
Is
20,865
20,865
Diamond A
0.65
P-152
Excavation and Embankment
1
Is
6,150
6.150
Diamond A
0.19
P-153
Controlled Low -Strength Material CLSM
0
0.00
None Bid
P-156 _Temporary
Air and Water Pollution, Soil Erosion; 1
Is
250
250
500
JLV
0.02
Drain Protection Only
P-159
Watering
0
0.00
None Bid
P-310
JGeosynthetic Fabrics
1
Is
3,500
3,500
Diamond A
0.11
P-605
Joint Sealant Filler
If
0
0
0.00
Excluded
P-610
Structural Portland Cement Concrete
0
0.00
In Div 3
P-620
Pavement Marking
3
ea
1,500
1,500
Elam
0.05
D-701
Pipe for Storm Drains and Culverts
160
If
9,600
9,600
Diamond A
0.30
D-751
Manholes and Inlets
2
ea
4,765
4.765
Diamond A
0.15
F-162
Chain -Link Fences and Gates
350
If
19,536
19,536
Taylor
0.61
Pedestrian Gates
2
ea
0
Taylor
0.00
Included
Fence Bond
1.50/6
pct
293
293
Taylor
0.01
included
Temporary Fence Allowance
1,045
If
10,000
10,000
ECAT
0.31
,Existing Fence Removal and core drilling
1
Is
2,000
1,480
3,480
JLV
0.11
CDOT-304JAggregate
Base Course
0
0.00
Included in asphalt patch
CDOT-401
As halt Special Patch
4,000
sf
11,670
11,670
B&B
0.36
As halt Bond
1
is
117
117
B&B
0.00
U-100
Waterline Installation
1
Is
28,010
28,010
Diamond A
0.88
Earthwork Mobilization .
1
Is
3,400
3,400
Diamond A
0.11
Soils and materials testing allowance
0
0.00
By Owner
Traffic control & barricades
1
Is
2,500
2,600
JLV
-5-08-
Export excess soils to Airport Allowance
694
cy
4,164
4,164
Diamond A
0.13
Assumed On Site
Perimeter drain & drywells
0
0.00
None Bid
Interior slab prep
1
Is
11,880
11.880
Diamond A
0.37
Exterior slab prep
1
Is
17.424
17.424
Diamond A
0.54
Gas service allowance
265
If
2,518
2,518
Diamond A
0.08
Plans instruct by Kinder Morgan
Subgrade prep at paving
1
Is
8,200
8,200
Diamond A
0.26
Earthwork Bond
1
Is
1,500
1,500
Diamond A
0.05
Inlet Repair Allowance
1
Is
1,000
1,000
0.03
.Landscaping
& irrigation
0
0.00
None Bid
02065 jDump
Fees
0
0.00
In GC
T21
ITotal
Division
2,2501
43,4141
166.0921
211,7561
6.62
Page 2 of 7
8
J. L Viele Construction, Inc.
PROJECT:,'
Eagle County Airport
1000 South Frolta "eppd; Suite 202
Vail, CO 81667
97047-6-40862
- OWNER:
'--xkC6R-,TtC-T:
Eagle County
Carter Bu ess
-616120071_
DESCRIPTION =QU
EXHIBIT B:
Schedule of
Values
T
UNIT
MAIL
LABOR
SUB
TOTAL
SUB
PER SF
COMMENTS
03
CONCRETE
03300
Cast -in- lace Concrete
Concrete Footings
190
cy
88,350
88,350
S2M
2.76
Concrete Ped (24 ea)
24
ea
14,000
14,000
S2M
0.44
3' Concrete Wall
37
cy
15,840
15,840
S2M
0.50
6" Slab on grade allowance
26,511
sf
167,019
167,019
S2M
5.22
Assumed only 1.4 welded wire fabric
Slab dowels
1,400
If
14,000
14,000
S2M
OA4
Joint cuffing
8,000
if
20,000
20,000
S2M
0.63
5" Mezzanine Slab on Metal Pan
5,156
sf
25.780
25.780
S2M
0.81
Concrete pumping
0
S2M
0.00
Included
Retaining wall @ curb
Add $15200 + Earthwork
12' Concrete Pans for Stair
I
Is
3,728
3,728
S2M
0.12
exterior walks & steps
2,500
sf
19,500
19,500
0.61
site lighting pole base allowance
2
ea
1,000
1,000
S2M
0.03
Concrete Handicap Ramps
ea
0
0
S2M
0.00
Included
Curb & gutter
366
If
8,601
8,601
S2M
0.27
Concrete
Concrete Bonc
I
Is
8,444
8.444
S2M
0.26
03
Division '
1
0
0
386,2621
386,2621
11.81
1
04
MASONRY
04065
Masonry Mortar and Grout
5
ea
0
AMMI
0.00
Included below
04435
Cut Stone Veneer
5
ea
4,250
4,250
AMMI
0.13
red sandstone with cap
CMIJ block
0
0.00
None Showr
04,
Total Division 4
0.
0
4.250,
4,250
0.13
05
METALS
05120
Structural Steel Framing
112
ton
223,000
223,000
Midwest
6.97
Steel Erection
I
Is
257,800
257,800
Midwest
8.06
05210
Steel Joist Framing
21
ton
41,500
41,500
Midwest
1.30
05310
Steel Decking
336
sq
39,500
39,500
Midwest
1.24
05400
Cold Formed Metal Misc. Framing
21
ton
61,850
61,850
Midwest
1.93
05511
Metal Stairs
1
Is
19,500
19,500
Midwest
0.61
05521
Pipe and Tube Railings
280
If
36,400
36.400
Midwest
1.14
Mezzanine Only
Bollards
0
Midwest
0.00
Included
Handicap, Retaining Wall Railings
0
Excluded
Steel Payment and Performance Bond
I
Is
11,400
11,400
Midwest
0.36
Steel Grouting
I
Is
1,000
1,000
JLV
0.03
,Metal Column Wrap
1 01
0.00
Excluded
�0-5,
Total Division 1.1
1,0001
01
690,9501
691,9501
21.64
I I
Page 3 of 7
8
J. L Viele Construction, Inc.
PROJECT:
IEagle County Airport
- - -
1000 South Frontage Road; Suite 202_
Vail, CO 81667 l
970-476-3082 _ --�--'
'Y
OWNER:
Eagle County---
ARCHITECT:lCarter
Burgess
DATE:j
616120071-
i
DESCRIPTION QUANT
EXHIBIT B:iSchedule
of
Values
UNIT
MAIL
LABOR
SUB
TOTAL
SUB
PER SF
COMMENTS
06
WOODS & PLASTICS
06100
Rough Carpentry
1
Is
0
0.00
Blocking
1
Is
2,750
4,850
7,600
JLV
0.24
1 carpenter 1da /week 3 months
Protection
1
Is
8,000
4,850
12,850
JLV
0.40
1 carpenter 1da /week 3 months
Curbside Check -in Trusses Allowance
55
ea
11,000
3,878
14,878
0.47
2 carpenters 45 min per truss
Timber Construction and Demc
1
Is
2,500
7,520
10,020
JLV
0.31
2 carpenters 2 weekt
06
Total Division t
24,250
21,098
0
45,348
0
1A2
07
MOISTURE PROTECTION
07212
Board Insulation
3,774
sf
4,718
4,718
JLV
0.15
07213
Batt and Blanket Insulation Allowance
1
Is
6,304
6,304
InsuiVail
0.20
Interior Sound Insulation
Is
0
0.00
Add alternate $5663
07220
Roof & Deck Insulation
1
is
0
Ham
0.00
Included
07241
Ext. insul. & Finish Sys. w/Moisture Damage
3,960
sf
53,695
53,695
Synthetic
1.68
07437
Aluminum Faced Composite Wall Panels
0
0.00
Excluded
07532
1CPA Sheet Roofing
8,184
sf
99,930
99,930
Ham
3.12
07600
Sheet Metal Flashing and Trim
1
Is
21,398
21,398
Ham
0.67
07615
Design Build Metal Roofing
19,470
sf
202,496
202,496
Ham
6.33
24 Gauge to match existing
Roofing Bond
1
Is
10,820
10,820
Ham
0.34
07840
Firestopping
1
Is
1,500
2,220
3.720
JLV
0.12
07920
Joint Sealants
23,600
If
2,360
4,720
7,080
JLV
0.22
Gutter and Downspout Allowance
95
If
7,976
7,976
Ham
0.25
Weather Protection Allowance
1
al
4.000
4,000
JLV
0.13
Foundation damp proofing1
Is
1,684
1.684
AAA
0.05
Spray fire proof insulation on steel structur
0
0.00
Excluded
07
Total Division i
7,860
6,940
409,021
423,821
13.25
08
DOORS & WINDOWS
08112
Standard Steel Doors and Frames
17
dr
8,090
1,870
9,960
Golesh
0.31
08333
Overhead Coiling Doors
11
dr
61.971
61,971
Firkins
1.94
Powder coated
08333
Overhead Coiling Doors Bond
1
Is
1,921
1,921
Firkins
0.06
08520
Aluminum Windows
65
sf
4.695
650
5,345
Weathershleb
0.17
08710
Door hardware allowance
13
dr
26,309
4,400
30,709
Golesh
0.96
08810
Glass
65
sf
-
0
0.00
In windows
Access panels
10
ea
3,000
275
3,275
JLV
0.10
8
Total Division f
42,0941
7,195
63,892
113,181
3.54
Page 4 of 7
J. L Viele Construction, Inc.
PROJECT:
Eagle CountAirport
1000 South Frontage Road; Suite 202 i
Vall, CO 81657
9T0-476-3082 - — ---v--
,i
DESCRIPTION 6QUW
_OWNER:
ARCHITECT:
f DATE1
EXHIBIT B:
Eagle Count_-—
!Caner _Burgess _-
6/612007j
Schedule of Values
--
UNIT
MAIL
LABOR
SUB
TOTAL
SUB
PER SF
COMMENTS
09
FINISHES
09260
Gypsum Board Assemblies
1
Is
73,574
73.574
Elite
2.30
Heavy Gauge Framing
1
Is
54.794
54,794
Elite
1.71
Light Gauge Trusses
1
Is
14.659
14,659
Elite
0.46
.Light Gauge Framing
1
Is
20,764
20,764
Elite
0.65
Drywall Tape. Float and Texture
1
Is
38,705
38,705
Elite
1.21
Level 4 only
Exterior Sheathing
1
Is
16,513
16,513
Elite
0.52
Drywall Bond
1
Is
3,285
3,285
Elite
0.10
Drywall Patch
1
Is
3,600
3,600
JLV
0.11
09910
Painting
1
Is
1,600
8,300
9,900
Empire
0.31
final cleanup, punch & closeou
1
Is
300
2.960
3,260
JLV
0.10
091
Total Division f
300
8,160
230,594
.239,054
7A7
10
SPECIALTIES
10210
Wall Louvers
By Mechanical
10605
Wire Mesh Partitions
None Bid
Fire extinguishers
6
ea
2,100
2,100
JLV
0.07
signage allowance
1
al
400
400
0.01
751
Total Division 1f
2,500
0
0
2,500
p
11
EQUIPMENT
11
Total Division 11
0
0
0
0
p
121
FURNISHINGS
12
Total Division 19'
0
01
0
0
1
p
13
SPECIAL CONSTRUCTION
1
13
Total Division 1;
0
0
0
0
01
14
CONVEYING SYSTEMS
Conveyor Allowance
1
Is
90,000
90,000
BOCA
2.81
Conve or Bollard Allowance
1
al
5,000
5,000
0.16
Conveyor Bon(
1
0
0.00
14
ITotal
Division 14
0
0
95,000
95,000
01
2.97
Page 5 of 7
J. L. Viele Construction Inc. iPROJECT:
Eagle County Airport
1000 South Frontage Road; Suite 202 -_ _
Vail, CO 81657 _
OWNER:
Eagle County_
- v
ARCHITECT:
Carter Bu ess
61612007
Schedule of Values
-�
_
-
970-476-3082
DESCRIPTION I QUANT
DATE:
EXHIBIT B:
UNIT
MAT'L
LABOR
SUB
TOTAL
SUB
PER SF
COMMENTS
15
MECHANICAL
15010
Basic Mechanical Requirements
1
Is
2H
0.00
15140
Supports and Anchors
3,800
3,800
2H
0.12
15245
Vibration Isolation
0
2H
0.00
Included
15260
Piping Insulation
1
Is
19.800
19,800
2H
0.62
15290
Ductwork Insulation
14,940
14,940
2H
0.47
15310
Fire Protection Piping
0
Sprinklers
0.00
Included
15325
'Sprinkler systems
1
Is
88,000
88,000
S d klers
2.75
Sprinkler Tie in to Existing Allowance
1
Is
8.200
8.200
Sprinklers
0.26
Demo Existing and Sprinkler @ Existing Curbsid
1
Is
7,400
7,400
Sprinklers
0.23
Sprinkler Bond
1
Is
2,072
2,072
0.06
16410
Plumbing Gas Piping
1
is
53,150
53.150
2H
1.66
15410
Plumbing Drain Piping
1
Is
51,505
51,505
2H
1.61
15430
Plumbing Specialties
1
Is
24,200
24,200
2H
0.76
15510
H dronic Piping Allowance
1
Is
28,956
28,956
2H
0.91
15516
H dronic Snowmelt Systems Allowance
1
Is
10,892
10,892
2H
0.34
15540
HVAC Pumps
1
Is
12,800
12,800
2H
0.40
15560
High Efficiency Compact Boiler Allowance
1
Is
23,479
23,479
2H
0.73
15624
Direct Fired Air Units
1
Is
58,863
58,863
2H
1.84
Greenheck E ui meet Substituted
15627
Low Intensity, Vacuum Vented Radiant Tube S
1
Is
44,627
44,627
2H
1.40
15860
Cenbft al Fans
Is
0
2H
0.00
None Bid or Shown
15870
Power Ventilators
1
Is
19,876
19.876
2H
0.62
15890
Ductwork
1
Is
28,561
28,561
2H
0.89
15910
Ductwork Accessories
1
Is
32,976
32,976
2H
1.03
15952
Controls and Instrumentation non-DDC
1
Is
36,592
36,592
2H
1.14
15985
Sequence of Operation
0
2H
0.00
Included
15990
Testing. Adjusting, and Balancing
1
Is
3,575
3,575
2H
0.11
Attic Venting Allowance
4
ea
2,000
2.000
Mtn Air
0.06
Mechanical Banc
1
Is
7,668
7,668
1
0.24
15
Total Division 1;
01
01
583,932
583,9321
18.26
Page 6 of 7
J. L Viele Construction, Inc. i
PROJECT:
Eagle Couaty Airport
1000 South Frontage Road; Suite 202
Vail, CO 81667
970-476-3082
OWNER
Eagle County
ARCHITECT:
Carter Burgess
61612007
DATE:
DESCRIPTION QUMT
EXHIBIT B:
Schedule of
Values
-
UNIT
MAIL
LABOR
SUB
TOTAL
SUB
PER SF
COMMENTS
16
ELECTRICAL
16010
Basic Electrical Requirements
42,900
42,900
New
1.34
16111
Conduit Allowance
I
Is
1,200
20000
New
0.04
16112
Surface Raceways
New
0.00
As shown on dwgs
16123
Building Wre and Cable
-
0
New
0.00
Included
-
16130
1Boxes
0
New
0.00
Included
16141
Wring Power Devices
I
Is
7,640
7,640
New
0.24
16160
Cabinets and Enclosures
0
New
0.00
Included
16170
Grounding and Bonding
0
New
0.00
Included
16180
Mechanical Equipment and Wring Systems
I
Is
23,550
23,550
New
0.74
16190
Supporting Devices
0
New
0.00
Included
16195
Electrical Identification
0
New
0.00
Included
16441
Enclosed Switches
0
New
0.00
Included
16470
Panel boards/Service
I
Is
27,744
27,744
New
0.87
16480
Enclosed Motor Controllers
0
New
0.00
By Mechanical
16510
Interior Luminaries
I
Is
33,50
33,530
New
1.05
Lighting Fixtures
I
Is
20,385
20,385
New
0.64
16530
Site Lighting
1
Is
14,200
14.200
New
0.44
New poles excluded
-
Electrical Bond
1
3,500
3,500
0.11
16721
Fire Alarm and Detection System
1
Is
16,728
8,000
24,728
Vail Electrons i
0.77
16670
Lightning Protection System Allowance
I
al
18,496
18,496
Mr. Lightning
0.58
Transformer Service Allowance
1
Is
3.000
3,000
0.09
-
Card Reader Matrix Allowance
I
Is
1,000
1,000
0.03
Heat Tape Allowance
12
ea
2,500
2,500
New
0.08'
Video Monitoring Allowance
I
al
_
2,000
2,000
16
Total Dhdslon It
16,728
01
209,645
226,3731
7.02
18
FEES & PERMITS
-
building permit fees
0
0.00
By Owner
sewer & water usage fees
0
0.00
By Owner
builder's risk insurance
0
0.00
By Owner
Igeneral
liability insurance .0.0067
pct
22,664
22,664
JLV
1
0.71 ,
Invoiced at NTF
181
ITotal
Division 1E I
1
01
01
22,664
22,6641
0.71 1
Page 7 of 7
a
J. L. Viele Construction, Inc. PROJECT: EGE Airport Baggage Terminal
1000 South Frontage Road OWNER: Eagle County
Vail, CO 81657 ARCHITECT: Carter Burgess
(303) 476-3082 EXHIBIT B1: General Conditions
01
GENERAL CONDITIONS
0Tv
UNIT
$/UNIT
I TOTAL
NOTES
Project Manager
26
wk
2910
75,660
3/4 Time
General Superintendent
wk
0
Assumed none Required
Project Superintendent
26
wk
3200
83,200
Assistant Superintendent
wk
0
Assumed none Required
Project Engineer
26
wk
1300
33,800
1/2 Time
Office Engineer
mo
0
Assumed none Required
Field Engine r
1710
0
Assumed none Required
Timekeeper
1710
0
Assumed none Required
Field S2creta
mo
0
Assumed none Required
Field En ineering & Equipment
mo
Olin
Direct Costs
Office Trailer
6
mo
450
2,700
Storage Trailer
6
mo
200
1,200
Set-up Office & Yards
1
Is
500
500
ITemporary Toilets
6
mO
240
1,440
CPM Set-up & Maintenance
0
Included
Home Office Travel Costs
mo
0
Assumed none Required
Movinq & Subsistence
mo
0
Assumed none Required
Additional Plans & Specs
0
Assumed By Owner
Safety Equipment
6
mo
550
3,300
First Aid Supplies
6
mo
95
570
Fire Protection
Olin
Direct Costs
Fire Extinguishers
Olin
Direct Costs
Office Supplies & Equipment
6
mo
145
870
Postage & Shipping
6
mo
85
510
Tele hone Set Up: Office
1
Is
270
270
Tele hone Charges: Office
6
mo
500
3,000
Electric Hook Up: Office
0
In Direct Costs
Electric Charges: Office
0
Assumed By Owner
Tem2orary Water, Gas & Electric: Site
0
Assumed By Owner
Temporary Wiring & Lights
0
In Direct Costs
Water, Ice & CuDs
6
mo 1
65
390
Temporary Fencing
0
In Direct Costs
Watchman Service
0
Assumed none Required
Ladders & Stairs
0
In Direct Costs
Temporary Roadways & Walkways
0
In Direct Costs
Barricades
0
In Direct Costs
Page 1 of 2
J. L. Viele Construction, Inc. PROJECT: EGE Airport Baggage Terminal
1000 South Frontage Road OWNER: Eagle County
Vail, CO 81657 ARCHITECT: Carter Burgess
(303) 476-3082 EXHIBIT B7: General Conditions
01
1 GENERAL CONDITIONS
OTY
UNIT
$IUNIT
TOTAL
NOTES
Traffic Control
0
In Direct Costs
Erosion Control
0
In Direct Costs
IShoring & Underpinning
0
In Direct Costs
lWeekly Clean Up
26
wk
1400
36,400
In Direct Costs
Final Clean Up
0
In Direct Costs
Dum ster Charges
6
mo
2500
15,000
Snow & Ice Removal
1
0
1 In Direct Costs
Concrete Heat & Protection
Olin
Direct Costs
ITemporary Building Heat
Olin
Direct Costs
ITemporary Partitions
Olin
Direct Costs
Winter Conditions
0
In Direct Costs
lPick-up Rental, Fuel & Maintenance
6
mo
2400
14,400
Forklift Rental
6
mo
2850
17,100
Crane Rental
0
In Direct Costs
Hydro -Crane Rental
0
In Direct Costs
Material Hoist
0
Assumed none Required
Personal Hoist
0
Assumed none Required
Erect Hoists
0
Assumed none Required
Hoist Landings
0
Assumed none Required
Hoisting for Subs
Olin
Direct Costs
Scaffolding
0
In Direct Costs
Pre -Construction Services
0
In GC Fee
JLV Secure Access Control
13
wk
1400
18,200
JLV Security Badges & Fees
1
Is 1
11500
11,500
Subs in Direct Costs
Additional Soft Costs
0
Assumed none Required
MIRRIMMIMMENERAL
CONDITIONS TOTAL
3,023,427
%
0.58%
320,010
Page 2 of 2
000 South Frontage Road
'ail, CO 81657
503)476-3082
Baggage
OWNER: Eagle County
ARCHITECT: Carter Burgess
EXHIBIT B2: Qualifications and Exclusions
General Conditions
1 1/2% of the fee is for pre -construction and estimating. This fee will be billed at award of contract.
Estimating by the project manager or others for changes after contract is not included and subject to a unit cost of $77/hr.
All utility company costs (gas, water, electric) and transformers are excluded and to be paid by the owner.
All work associated with fiber optics, communication, and security is undefined and an allowance.
All third party testing including code compliance is to be paid directly by the owner and is excluded from the contract
The Contractor shall not be responsible to the architect for substitution review costs
The Contractor will construct to code to the best of our ability and suggest solutions for non -conforming designs when found, however the burden for desic
to code shall be the Owner's and his design consultants.
Owner acknowledges that exact matching materials is impractical due to sun fading, quarry and other factors. Contractor to make reasonable efforts to
match within reasonable local markets.
The project manager shall split time between the office and site. Office time for the project manager shall be an expense to the project.
Guarded gates shall be at the decision of the contractor (subject to fine).
The Contractor shall provide submittals for major components only. A mutually agreeable submittal schedule will be created with owner and contractor.
All allowances shall be inclusive of labor, materials, and handling.
All references to unit cost pricing and alternates is omitted unless noted below.
Submittals of Contractor, supplier, manufacturer and Subcontractor qualifications and certificates are excluded.
A list of required submittals shall be compiled by the Contractor and the Owner excluding the specifications requirement.
A list of required samples shall be compiled by the Contractor and the Owner excluding the specifications requirement.
A list of required shop drawings shall be compiled by the Contractor and the Owner excluding the specifications requirement.
A list of required mockups shall be compiled by the Contractor and the Owner excluding the specifications requirement.
Approved mock-ups may become part of the finished work.
Submittals of electronic, opaque or sepia submittals are excluded.
Contractor to provide sufficient temporary power and lighting for construction operations and conveyor use. Specific requirements are omitted.
Cutting and patching notices or submittals within the limit of construction are excluded unless it affects the airport operations.
Demolition and Sitework
Existing bollards shall remain at the end of the holding room if possible.
The contractor shall have to option to infrared patch in lieu of rotomill at asphalt.
The Contractor shall take reasonable care in demolition of existing. Utilities not located or indicated but damaged shall be extra to the contract.
The foundation drainage is not shown and excluded.
The inlet repair allowance shall be inclusive of ring adjustments in asphalt.
Blasting or large rock removal is excluded. Any rock over 1.0 cy is excluded.
Soil testing is excluded unless failure by the contractor.
Erosion control fencing is excluded and assumed not needed.
The Contractor excludes significant asphalt and concrete materials commodity price adjustments and rationing.
Dewaterina is excluded.
Page 1 of 4
C
. L. Viele Construction, In
000 South Frontage Road
ail, CO 81667
103)476-3082
OWNER: Eagle County
ARCHITECT: Carter Burgess
EXHIBIT 62: Qualifications and Exclusions
It is assumed that the new water and gas lines will exist in the same trench and per the building code and utility company requirements.
Shoring of excavation of any kind is excluded.
Over excavation or re -compaction due to unsuitable soils is excluded.
Street cut bonds and permits are excluded and assumed not needed.
Asphalt pricing is based on $390/ton oil cost and subject to adjustment at the owner's extra expense
A water flow test is not verified. Pressure and flow is assumed sufficient for design.
Bid is priced on using the PG 58-28 asphalt mix
Unit prices will prevail for utility costs if the plans are incorrect in location of the existing.
Temporary fencing is an allowance. It is assumed that the airport will provide the fencing and that the provided fencing is adequate.
The gates within the SIDA area to the existing dumpster and to the east are to remain existing and not replaced.
Certified surveying for property lines, existing condition or/and ILC certificates are by owner.
The existing conveyor enclosure shall remain if possible per SIDA requirements
'0101 - R4 note to remove the curbside check -in roof is omitted.
'0101 - 8 note to remove the existing door to the terminal is omitted.
4D101 - 5 note for existing slab to remain is omitted due to the installation on new below slab structure
00101 - 2 note for existing conveyors to remain is omitted.
Neste management recycling shall consist of on site disposal of concrete and soil. Waste plans, progress documentation and record submittals are omitt,
kir water and soil protection is proposed for inlet protection only.
Nork inside the terminal shall be isolated from the public.
Concrete shortages or rationing has an immeasurable impact. Schedule delays and rationing are not anticipated or included.
A concrete vacuum truck is excluded.
Tie bars for concrete curbs are not shown and excluded.
Concrete joint caulking is excluded from this proposal.
The concrete slab doweling and basket details are eliminated and excluded.
Concrete joint cutting is value engineered to 1 standard depth cut.
Any cost associated with the curbside retaining wall, Tooter and guardrail and steps is excluded. The design is assumed to match existing road elevations
Egress stairs are proposed without concrete pans to eliminate snow removal.
Contractor shall modify construction of the south columns and bases to match existing.
Concrete curbs at the exterior walls are omitted and not shown on the structural drawings
Flowable fill or CLSM material are not indicated on the drawings and are excluded
SB101 - 3 note indicating slab reinforcement is assumed in error. We have proposed w2.9xw2.9 w.w.f.
Designer assumed to have coordinated the provided joint layout with structural.
Reinforcement shop drawings and material certificates are omitted.
Page 2 of 4
l
000 South Frontage Road
ail, CO 81657
476-3082
OWNER: Eagle County
ARCHITECT: Carter Burgess
EXHIBIT 62: Qualifications
and Exclusions
5 Metals
Fireproofing and bituminous coatings for steel structure is assumed not necessary and are excluded
Bollard installation is assumed installed per detail A503/6 or drilled to a diameter twice the bollard.
Existing curbside check -in roof structure is assumed to provide support for new trusses. Any modifications to the existing trusses is excluded.
10
Moisture Protection
The weather conditions allowance includes, but is not limited to, the costs incurred by the Contractor and Subcontractors to maintain the construction
process and schedule due to weather. This is defined as all costs associated with completing work during cold, raining or snowing conditions which
would not have occurred had the work been completed in warm weather conditions. This includes, but is not limited to: all labor, material, equipment,
fuel, utility expenses required to protect the work from freezing, moisture or to maintain temperatures necessary to perform the work. Examples of such
costs are: all heating, all costs for temporary enclosures, all snow and ice removal costs, small tools for ice and snow removal, concrete and masonry
additives and surcharges, and concrete blankets.
All sound insulation is omitted. Insulation is provided on new exterior walls only.
Shaftwall insulation is omitted at interior walls.
Roof is proposed as 24 gauge to match existing not 22 gauge.
Roof insulation is included on the top of structure only. Batt insulation within the bar joist has been moved to the roof surface.
Insulation at the existing curbside check in is assumed existing and unmodified by the Contractor.
Snow guards are proposed as snow bar or equal to match existing
Intermediate snow clips will be added to the snow bar assembly on new construction.
Rigid insulation at the interior of the frost walls is omitted.
Flat roof materials is proposed as CPA to be approved by the roofing consultant.
Vendor receiving and all new curbside is assumed exposed structure per the room finish schedule. Metal soffit in this area is omitted.
Gutters are proposed as 4" square gutters to match existing.
All aluminum composite panels on the exterior of building are omitted. Stucco/EFTS will replace the aluminum panels on the exterior and interior.
Windows and doors
Windows are aluminum clad wood Weathershield or Hurd standard color and sizes with 3/4", low E glass.
Existing windows to be covered only on the terminal side. Conveyor side to left exposed.
Thresholds are to be installed only at doors requiring weather or fire protection.
The overhead door sill details indicating galvanized bars and clip angles are omitted.
Card reader allowance to be inclusive of materials, labor and conduit
tal panels on the south wall are assumed eliminated and excluded.
exposed drywall is assumed level 4 smooth for paint. Drywall that is unexposed to the public is assumed fire tape only
bber base material is excluded.
inting on exposed steel structure is omitted
Signage is an allowance. Contractor assumes all permanent signage will be provided by the owner.
Page 3 of 4
1000 South Frontage Road OWNER: Eagle County
fail, CO 81657 ARCHITECT: Carter Burgess
303) 476-3082 EXHIBIT 132: Qualifications and Exclusions
14 Conveying Systems
All mezzanine conveying systems are omitted and assumed provided for reference only.
The conveyor allowance shall include labor, materials, relocation and all electrical wiring and conduit.
15 Mechanical
Penetrations of the rated walls are to be sprinkled normally. Water curtains are not included and shall be extra to the contract.
Controls are proposed independent of the main control system. /
Snowmelt controls are omitted. Snowmelt is assumed in series with the existing. t
Insulation under snowmelt concrete is omitted unless shown on the civil or structural plans.
The fire protection system in the existing curbside is assumed to remain.
Greenheck MAU equipment is substituted for the specified Trane. If Trane is used add $55,000
Soffiting for mechanical, venting, sprinkler or plumbing to be field determined, priced and approved by the owner. No soffiting in included in the budget.
P3.1 - 12 note is omitted. No sprinkler system exists and the new dry system will be installed.
Shop drawings for temperature controls are excluded.
Contractor supply of stamped or electronic plans are excluded.
Any reference to P9.2 is omitted. The sheet is not included in the provided drawings or title page.
The new fire line interconnect is assumed at the SE comer of the terminal, not as indicated on P3.2.
16 Electrical
Duct detectors and fire dampers are excluded from the proposal unless specifically shown on the drawings or included in the attic vent allowance.
Contractor supply of stamped or electronic plans are excluded.
Aluminum service wire may be substituted for copper.
The light pole scope shall consist of the removal of one light on each of the center and south islands only and rewiring of such. Any addition of
scope for wiring, switching or other based on E12.2 is excluded.
Existing lights and light poles that are reused and relocated shall be omitted from the warranty. The Contractor shall take reasonable efforts to maintain `
the warranty of the existing fixture. A deduct for the electrical portion of the extra pole is due to the Owner. t
Lighting controls are proposed independent from the existing airport terminal but a motion or timer control is added for energy savings.
All conduit in new interior soffit is excluded.
Video monitoring system is an allowance. Cameras are assumed to be relocated.
17 Continoencv. Fees and Insurance
The contingency is solely a contractor contingency and not for funding of additional scope, allowance overages or any design omission or error.
The contingency may be spent at the need of the contractor
Errors and omissions insurance for the Contractor or any of his agents is excluded.
Building Permit and Tap Fees is by the Owner
Builder's risk insurance is by the Owner
Page 4 of 4
Exhibit C
2007 J.L. viele Labor Rate Schedule
GACapital Projects (CPROJECT)1Airport Terminal Roo ilAgreements\Constructionlconstruction agreement.doc 30
J.L. Wale construction, €m.
1000 South Fmnmgc Road Wen, Suicc 202
Vail, Colomdo 81657
Tele 970.476.3082
Fax 970.476.3423
Ww Meleoowuucdon.eom
2007 POSITION AND RATE LIST FOR SALARIED AND HOURLY LABOR
Eagle County Airport
Attachment "C"
Project Manager
Superintendent
Assistant Superintendent
Project Coordinator
Carpenter
Laborer (Temp or Other)
LABOR RATE OYERTIME RATE
$ 95.00 / hr
$ 80.00 / hr
48.00 / hr
65.00 / hr
50.00 / hr 75.00 / hr
$ 38.00 / hr 57.00 / hr
Note: These rates are subject to revision annually by mutual agreement.
Exhibit D
2007 J.L. Viele Equipment Rental Rate Schedule
GACapital Projects (CPROJECT)IAirport Terminal Roo tlAgreements\Constructionlconstruction agreement.doc 31
`%W�
J. L. Viele Construction, Inc.
1000 S. Frontage Rd. West
Vail, CO 81657
(970) 476-3082
Exhibit D: Equipment Rental Rates
Project Name:
Project No.:
Period From
Billing Number:
EGE Roof Outbound Baggage
2718
to
Description
Time
Rate IMO
# PCS
Total
Description
Time
Rate /MO
# PCS
Total
Office Trailer
$ 300.00
$ -
Insulated Blanket
$ 55.00
$ -
Office w/ Storage
$ 375.00
$ -
Snowplow/Truck
$ 850.00
$ -
Storage Trailer
$ 350.00
$ -
Snow Blower
$ 450.00
$ -
Com uter/Word Processor
$ 150.00
$ -
Propane Bottle
$ 35.00
$ -
Digitizer
$ 350.00
$ -
Propane Heater
$ 175.00
$
Typewriter
$ 35.00
$ -
Electric Heater
$ 85.00
$ -
Copier
$ 50.00
$ -
Narl Gas Hoses/fittings
$ 185.00
$ -
Mobile Telephone
$ 50.00
$ -
Nat'I Gas Heater 150kbtu
$ 200.00
$ -
Radio (2-Way)
$ 40.00
$ -
Nat'l Gas Heaters450kbtu
$ 400.00
$
Fax Machine
$ 40.00
$ -
Winter Conditions
$ -
Trash Truck
$ 2,250.00
$ -
Trash Truck(Daily)
$ 225.00
$ -
Core Drill
$ 65.00
$ -
1 Ton Truck
$ 850.00
$ -
21/2" Wall Hole
$ 40.00
$ -
Pickup Truck w/fuel
$ 1.200.00
21/2" Slab Hole
$ 30.00
$ -
Pickup Truck (Daily)
$ 120.00
$ -
4" Wall Hole
$ 50.00
$ -
General Conditions
$ -
4" Slab Hole
$ 35.00
$ -
Planks
$ 26.00
$ -
Theodl to
$ 425.00
$ -
32' Pick
$ 151.00
$ -
Transit/Level
$ 350.00
$ -
24' Pick
$ 126.00
$ -
Generator
$ 650.00
$ -
Cross Braces
$ 4.25
$ -
AC Welder
$ 350.00
$ -
End Frames
$ 12.50
$ -
DC Welder
$ 550.00
$ -
Screw Jacks
$ 12.50
$ -
Acetylene Torch
$ 200.00
$ -
Caster Wheels
$ 15.00
$ -
Power Rebar Cutter
$ 400.00
$ -
Guard Rail Posts
$ 12.75
$ -
Rebar Cutter
$ 100.00
$ -
5' & 10' Guard Rail
$ 12.75
$ -
Air Compressor
$ 325.00
$ -
Outrigger Jacks
$ 12.00
$ -
Trim Compressor
$ 200.00
$ -
Alum. Pum Jacks System
$ 875.00
$ -
Nail Gun
$ 200.00
$ -
Pipe Shores
$ 85.00
$ -
Ramset
$ 125.00
$ -
$ -
Electric Jack Hammer
$ 700.00
$ -
# of Workmen x Rate
$ 185.00
$ -
Demo -Hammer
$ 375.00
$ -
Concrete Vibrator
$ 275.00
$ -
Rubbermaid Trash Carts
$250/mo
Hammer Drill
$ 175.00
$ -
Airless Paint Sprayer
$500/mo
Beam Saw
$ 150.00
$ -
Water Pump & Hoses
$325/mo
Radial Arm Saw
$ 250.00
$ -
Chain Saw Miter Rig
$275/mo
Table Saw 9"
$ 275.00
$ -
Chain Saw
$275/mo
10" Unisaw
$ 525.00
$ -
Hand Truck/Cart
$15/da
PlanerlJointer
$ 525.00
$ -
Jumping Jack
$ 600.00
Portable Planer
$ 375.00
$ -
28' Ext. Ladder
$ 175.00
$ -
16" Miter Box
$ 275.00
$ -
24' Ext. Ladder
$ 155.00
$ -
10" Miter Box
$ 150.00
$ -
40' Ext. Ladder
$ 200.00
$ -
Comb. Miter Box
$ 325.00
$ -
Chain Link Fence
$.75/LF/MO
$ -
Power Washer
$ 325.00
$ -
Dumpster Can S
$375/mo
$ -
Drill Press
$ 150.00
$ -
Concrete Bucket C
$250/mo
$ -
Band Saw
$ 375.00
$ -
Skid steer w/bucket
$ 2.150.00
$ -
Demo Saw
$ 350.00
$ -
Skid steer w/swee er/fuel
$ 2,775.00
$ -
Cut Off Saw
$ 300.00
$ -
Rental Equipment
$ -
Shop vac w/filters
$ 75.00
$ -
Cost Codes
Description
General Conditions
Rental Equipment
Winter Conditions
Weekly Rate = 35% x Monthly
Daily Rate = 10% x Monthly
TOTAL
$ -
$ -
-
-
Exhibit E
Preliminary Schedule
GACapital Projects (CPROJECT)\Airport Terminal Root\Agreements\Construction\constmction agreement.doc 32 111�/
Exhibit F
Allowance Schedule
G:\Capital Projects (CPROJECT)\Airport Terminal Root\Agreements\Construction\construction agreement.doc 33
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EXHIBIT F
Eagle County Airport Terminal Roof
Allowance Summary
S itewo rk
Total
General Conditions
320,010
Street Cleaning
1,000
Temporary Fence
10,000
Export Excess Soils to Airport
4,164
Gas Service
2,518
Inlet Repair
1,000
6" Slab on Grade
167,019
Site Lighting Pole Base
1,000
Curbside Check -in Trusses
14,878
Batt and Blanket Insulation
6,304
Gutter and Downspout
7,976
Weather Protection
4,000
Door Hardware
30,709
Si na a
400
Conveyor
90,000
Conveyor Bollard
5,000
H dronic Piping
28,956
H dronic Snowmelt Systems
10,892
High Efficiency Compact Boiler
23,479
Attic Venting
2,000
Conduit
1,200
Lighting Protection S stem
18,496
Transformer Service
3,000
Card Reader Matrix
1,000
Heat Tap a
2,500
Video Monitoring
2,000
TOTAL ALLOWANCES
$759,501