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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 G1Capital Projects (CPROJECT)Wirport Terminal RooMgreements\Construction\consimction agreement.doe ,IWOJ 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. GACapital Projects (CPROJECT)1Airport Terminal RooflAgreements\Constructionlconstruction agreement.doc 2 NkJ ID 1Vw/ \MMOPI 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. GACapital Projects (CPROJECT)\Airport Terminal Roo tlAgreemcntslConstructionkonstruction agreement.doc 3 _qO-Y 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. GACapital Projects (CPROJECT)Wrport Terminal Roof\Agrecmcnts\Construction\construction agreement.doc 4 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: GACapital Projects (CPROJECT)\Airport Terminal Roof\Agreements\Constructionlconstruction agreement.doc 5 it/ \ftp� 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. GACapital Projects (CPROICCT)1Airport Terminal RooftAgreements\Constructionlconstruction agreement.doc M 05 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. GACapital Projects (CPROJECT)IAirport Terminal RooflAgreements\Constructionlconstruction agreement.doc 7 \qw/ 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 GACapital Projects (CPROJECT)1Airport Terminal Root\Agreements\Constructionlconstruction agreement.doc 8 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 GACapital Projects (CPROJECT)\Airport Terminal Roof\Agreements\Construction\construction agreement.doc 9 �10� 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. GACapital Projects (CPROJECT)1Airport Terminal Roof\Agreements\Constructionlconstruction agreement.doc 10 / 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) GACapital Projects (CPROJECT)\Airport "terminal RooMgreements\Construction\construction agreement.doc 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 i'qw/ \Mr111 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/ LOOM 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 ) On this 14A daY of J Ltw 20 CY7 camy-,before me, a notary public, k LL ^� known to me to be the f' Ast-bt-AJr AOD 0 F.Q. 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. �'- M Commis t n Expires ti :a y �j r3 g n✓� �''aa y� 1 n�.F V. �F C- `r 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 M� \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 GACapital Projects (CPROJECT)\Airport Terminal Roof\Agreements\Construction\construction agreement.doc 21 14�p/ 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 GACapital Projects (CPROJECT)\Airport Terminal Root\Agreements\Construction\construction agreement.doc 22 \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 GACapital Projects (CPROJEC'r)\Airport Terminal Roof\Agreements\Construction\construction agreement.doc 24 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: GACapital Projects (CPROJECT)1Airport Terminal Roof\Agreements\Constructionlconstruction agreement.doc 25 IN"M/ 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 U } - ! Q ��- ��! \ | ! 2 \ �� - \ \ !.!!,. . _!-l-. --•� ---.1,,.., � ƒ ° � | \ ! !! |!I M 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