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HomeMy WebLinkAboutJ.L. Viele Jobsite Infractionsb and Response LetterTown of Vail Municipal Government % Mr. Leonard Sandoval TOV Construction Area Coordinator 75 South Frontage Road West Vail, Colorado 81657 Occupational Safety and Health Administration Denver Area Office 1391 Speer Boulevard Suite 210 Denver, Colorado 80204 (303) 844 -5285 JL Viele Construction 1000South Frontage Road West Vail, Colorado 81657 (970) 476 -3080 Subject JL Viele Jobsite Infractions 45 Forest Road Vail, Colorado 81657 The contractor has been requested to fix the following issues but has failed to take any action. We are requesting that the Town of Vail and the area representative for the OSHA step in and immediately provide relief to the workers and the homeowners in the area. JL Viele Construction has been asked to capture and contain the dust that is being allowed to enter into the air with absolutely no capture and /or containment procedure in place. The "Part per Million" (PPM) far exceeds what is allowed, workers are not properly masked, jobsite not properly vented, all adjoining homes are covered in white dust and exposing those properties to damage. There is also a clear and evident violation in the allowed noise from said activity. The decibel allowance as per the TOV building code and what is allowed by OSHA is being far exceeded. The safety of workers, homeowners, and those individuals visiting adjacent commercial establishments are being exposed to all the above - mentioned dangers. We request that you promptly intervene as the contractor, JL Viele, has failed to take action to correct these sever violations. Forest Road Homeowners Vail, Colorado Town of Vail % Mr. Leonard Sandoval TOV Construction Area Coordinator 75 South Frontage Road West Vail, CO 81657 Town of Vail Vail Police Department 75 Frontage Road Vail, CO 81657 JL Viele Construction 1000 South Frontage Road Suite 202 Vail, CO 81657 Subject JL Viele Jobsite 45 Forest Road Vail, CO 81657 Your help with enforcing parking at the above mentioned jobsite would be appreciated. Construction vehicles are being allowed to park illegally on Forest Road and in the driveways of homeowners not presently at their respective homes. This infraction is also taking place on the downhill side of the mentioned residence along Beaver Dam Road. We have had to request your help in the past as the contractor continues to ignor the request of the neighbors. Forest Road Homeowners Vail, CO 81657 2111 N. Frontage Rd West, Suite E Vail, CO 81657 970 -476 -3082 Fax 476 -3423 November 16, 2012 Occupational Safety and Health Administration Denver Area Office 1391 Speer Blvd., Suite 210 Denver, CO 80204 Attention: Herb Gibson RE: CLI #653613 — Noise and dust complaint — 45 Forest Road, Vail, CO Dear Mr. Gibson: In response to the notification of noise and dust hazards at the 45 Forest Road Project. We offer the following: We were removed as the contractor of record for the exterior work on the project effective on October 31, 2012. Our responsibilities for the project are currently limited to only the rough in work for mechanical, electrical, fire - sprinkler and fire alarm rough in. Our firm will cease to have any responsibility for the project upon inspection of this limited scope, which we expect to be no later than Tuesday, November 20, 2012. Upon rough in inspection, we will remove our name from the building permit at the Vail Building Department. I have copied our respective termination agreement with the owner for the project. The agreement will demonstrate that we currently have no control over the subcontractor in question and have fact assigned said contract to the owner. Given the foregoing we would offer the following: We have no authority to affect change with the subcontractor, but in an effort to accommodate the complainant, we advised the subcontractor responsible for the work that has complained of, Berich Masonry, immediately of the complaint and took the following steps. 1. We demanded that the owner stop masonry work until such time as representations could be made from the subcontractor that no violations existed. 2. Noise and dust reported at the site was a result of exterior stone installation. The masonry contractor was using wet methods in an effort to control the dust and particulate matter; however the volume of water being used may not have been as effective as it could have been. We have requested that the subcontractor use as much water as is necessary to perform their trade safely. 3. In effort to reduce the noise associated with the masonry operation, we suggested that the subcontractor stop using the gas powered cutting saws and perform all cutting with an electric wet saw, stone chisels, and small diamond blade grinders. 4. We have requested that all work is being performed with -in an enclosure to prevent the minimal dust being created from spreading through the jobsite and to adjacent properties. 5. We have requested of the stone mason that all workers who come within contact of the stone cutting have adequate respiratory protection and equipment. Attached are photos of the wet saw being used and the masonry employees wearing protective equipment. Please let me know if you need additional information. Thank you for your time and attention to this matter. Sincerely, J. L. Viele Construction David Viele President CC: Dana Strout, Ramon Alonso, Jim Wear, Martin Haeberle, Eric Peterson, Jerry Hine. ..� �;. �,,_ . .� Y �_ Y� i:� +i� �� y `r 1 = _�� ay �i�1 `� s h � � �� � � �.. , � � � � Fes, }. �: r �y _� `; � � � f Y a I1� S "�. ��� `'�'. � _ .=:� -�.� . �'- err• ?" Vii. � +r� .� � . ' mo w. --,- � -- f, f - �f I JWR , g ;-u o- 1 -401 -4, t llo� `# 4, e 'Y' .. k t 1 CONSTRUCTION CONTRACT TERiti1INATION AGREEMENT THIS CONSTRUCTION CONTRACT TERMINATION AGREEMENT (this " Termination Agreement ") is entered into and effective this 31st day of October 2012 (the " Effective Date "), by and between Forest International, LLC, a Colorado limited liability company ( " Owner "), and J.L. Viele Construction, Inc., a Colorado corporation ( " Contractor '). RECITALS A. WHEREAS, Owner and Contractor previously entered into that certain Standard Form of Agreement Between Owner and Contractor (AIA Document A102 — 2007) dated May 11, 2011 (the " Contract ") providing for Owner's engagement of Contractor to construct and remodel a custom single - family residence at 45 Forest Road, Vail, Colorado (the " Project "). B. WHEREAS, Owner and Contractor have mutually decided that it is in both of their best interests to terminate the Contract, effective of even date herewith. AGREEMENT NOW, THEREFORE, in consideration of the promises and the mutual and dependent covenants contained in this Termination Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Contractor agree as follows: 1. Termination of Contract The Contract is hereby terminated and, except as provided in this Termination Agreement below, no further obligations or duties shall arise or bind either Owner or Contractor. Further, except as provided in this Termination Agreement below, Contractor shall have no liabilities under the Contract, including, but not limited to, any liability for delay in the Work. 2. Survival of Certain Terms All warranties under the Contract for all Work completed by Contractor shall survive termination of the Contract as effected by this Termination Agreement. Further, all duties and obligations of Contractor to purchase and maintain insurance shall survive termination of the Contract. 3. Delivery of Documents and Information No later than fourteen (14) days after the Effective Date, Contractor shall deliver to Owner all contracts, agreements, files, plans, drawings, records, invoices, schedules, samples, data, or other documents or materials in Contractor's possession which relate in any way to the Project, including, but not limited to, all accounting documents and information relating to the Project. 4. Rough -In Inspections As soon as reasonably possible after the Effective Date hereof, Contractor shall obtain from the Town of Vail all necessary rough -in inspection approvals, including, but not limited to, electrical, mechanical, plumbing, heating, and fire, regardless of whether such work is completed for inspection as of the Effective Date. Contractor shall deliver to Owner all documents and information relating to such rough -in inspections within a reasonable time of obtaining the respective approvals. sus_M4500050.1 5. Subcontracts Contractor shall assign all of Contractor's subcontracts on the Project, under their existing terms and conditions, to Owner or Owner's designee. 6. Transition to New Contractor Contractor shall do everything reasonably necessary to accommodate the new contractor for the Project and ensure a smooth transition. 7. Resolution of Disputes In the event that any dispute arises under this agreement, then the Parties agree to attempt to resolve the dispute through mediation. Should the Parties be unable to resolve the dispute through mediation, then the Parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association, or as otherwise agreed by the parties. The Parties specifically agree that the arbitrator(s) shall have all authority and jurisdiction to enter any award, including injunctive relief and that any such award shall include an award of attorneys fees for the prevailing party, including any fees incurred as the result of any enforcement of the award and any appeal arising out of any such award. 8. Subject to and in consideration of the terms and conditions of this Termination Agreement, the Parties (Owner and Contractor) for themselves, their successors, assigns and representatives, hereby generally and unconditionally release, acquit and forever discharge the other, its and their affiliates, successors, officers, directors, shareholders, attorneys, employees, owners, partners, members, associates, representatives and agents from any and all claims, demands, debts, liens, causes of action, liability, damages, costs and expenses of any nature whatsoever, which it or they had, now have or may have, whether such are known or unknown related in any way to the Project. 9. To the extent that a warranty claim is made hereunder that involves the work of a subcontractor of Contractor, nothing herein shall be construed to preclude the Contractor from seeking damages, reimbursement indemnification, repair or replacement of the defective work against or by the subcontractor or subcontractor's responsible for such work. Additionally, in the event that a warranty claim is made herein, nothing herein shall be construed to waive any defenses or claims that the Contractor might have or has back against either the Owner or the Owner's agents or consultants with respect to said claim. 10. Outstanding Payments Contractor hereby releases Owner for any and all outstanding payments relating to the Contractor's Fee, all Work pertaining to Contractor's supervision activities, all Overhead and general expenses, and all out -of- pocket expenses.. 11. Defined Terms Capitalized terms used herein shall have the meanings set forth in Contract. 12. Entire Agreement This Termination Agreement contains a complete statement of all the arrangements between the parties with respect to its subject matter, supersedes any previous agreements between them relating to that subject matter, and cannot be amended, modified, or terminated except in a written document executed by all the parties hereto. 13. Governing Law This Termination Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado, excluding its laws on choice of law. 2 BUS RE'4500050.1 -� 14. Counterparts and Electronic Signature This Termination Agreement may be executed in one or more counterparts, all of which together shall constitute a single instrument. Either party may supply its signature to the other party by facsimile copy or other electronic means, which the parties agree shall in all respects be considered as an original signature unless and until replaced with an original signature on an identical document. IN WITNESS WHEREOF, Owner and Contractor have executed this Termination Agreement as of the date set forth above. OWNER FOREST INTERNATIONAL, LLC, a Coloralo limited liability company Representative BUS RE'4500050.1 CONTRACTOR J.L. VIELE CONSTRUCTION, INC., a Colorado corporation. ::�V �' 1 �_ D iele, President and Owner 3 -4