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HomeMy WebLinkAboutresolution.council.022-10RESOLUTION #c~o~i (Series of 2010) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND HASELDEN CONSTRUCTION SETTING FORTH THE TERMS AND CONDITIONS REGARDING BURLINGAME PHASE II IPD CONTRACTOR AT RISK SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and Haselden Construction, a copy of which agreement is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that agreement between the City of Aspen, Colorado, and Haselden Construction regarding Burlingame Phase II IPD Contractor At-Risk services for the city of Aspen, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ~~1~~~(1' .CJ o~e~, c~L~~ r Michael C. Irela d, Ma or I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held March 22, 2010. Kath S. Koch, City Clerk T == IA Document A195T" - 2008 Standard Form of Agreement Between Owner and Contractor for Integrated Project Delivery AGREEMENT made as of the 22nd day of March in the year 2009 ADDITIONS AND DELETIONS: BETWEEN the Owner The author d this document has added information needed for its City of Aspen completion. The author may also 130 South Galena Street have revised the text d the original Aspen, Colorado 81611 AIA standard form. An Adddions and Deletions Report that notes added and the Contractor: information as well as revisions to the standard form text is available from Haselden Construction, LLC the author and should be reviewed. A 6950 South Potomac Street vertical line in the left margin d this Centennial, CO 80112 document indicates where the author has added necessary iMOrmation and where the author has added to or for [he following Project deleted from the original AIA text. This document has important legal Burlingame Ranch Phase H: consequences. consultation with an Planning, design and development for the City of Aspen's Burlingame Ranch Phase II ariomey is encouraged with respect affordable housing development, including a new affordable housing facility similaz to to its completion or modification. Burlingame Ranch Phase I, including new construction of roads, infrastructure and 161 This document is not intended for additional multifamily units plus platting for 6 single family lots as described in Exhibit use in competRive bidding. "A"- Request for Proposals: Preconstruction Services / Contractor at Risk dated December 23, 2009 and in Exhibit "B" -Haselden Construction Burlingame Phase II Proposal AIA Document A295TM-200a, Preconstruction Services / Contractor at Risk dated January 15, 2010 both attached hereto General Conditions d the Agreement and incorporated herein by reference. for Integrated Project Delivery, is adopted in this document by reference. Do not use with other The Architect: general conditions unless this document is modified. OZ Architecture 1805 29th Street, Suite 2054 Boulder, CO 80301 The Owner and Contractor agree as follows. Init. AIADOCUment A795TM-1008.Copyright®2008 byThe American lnsOtute of Architects. All dghts reservetl.WARNING: This AlA®Document is protected by U.S. Copyright Law and Intematlonal Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any ponion of it, may resuh in severe civil antl criminal perorates, and will be prosecuted to the maximum extent possible untler the Iaw.This document wasproducwi by AIA software at I 17:10:31 on 03/11/2010 under Order No.1000396152_7 which expires on 04/22/2010, and is not for resale. User NOtes: (1951937839) TABLE OF ARTICLES 1 THE WORK OF THIS CONTRACT 2 OWNER'S RESPONSIBILITIES 3 COPYRIGHTS AND LICENSES 4 COMPENSATION 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 SPECIAL TERMS AND CONDITIONS 10 SCOPE OF THE AGREEMENT EXHIBITA GUARANTEED MAXIMUM PRICE AMENDMENT ARTICLE 1 THE WORK OF THIS CONTRACT § 1.7 The Contractor shall fully execute the Work described in the GMP Documents, except as specifically indicated in the GMP Documents to be the responsibility of others. The GMP Documents are defined in Article 1 of AIA Document A295TM-2008, General Conditions Document of the Contract for Integrated Project Delivery, as amended, which is incorporated herein by reference. § 1.2 The Contractor shall purchase and maintain insurance and provide bonds as se[ forth in Article 11 of AIA Document A29~2008, as amended. § 1.3 ADDITIONAL SERVICES PRIOR TO THE ESTABLISHMENT OF THE GUARANTEED MAXIMUM PRICE § 7.3.7 Prior to the establishment of the Guaranteed Maximum Price, the Contractor may provide Additional Services after execution of this Agreement without invalidating this Agreement. Except for services required due to [he fault of the Contractor, any Services provided in accordance with this Section 1.3 shall entitle the Contractor to compensation pursuant to Section 4.1.2. § 7.3.2 Upon recognizing the need to perform [he following Additional Services prior to the establishment of [he Guazanteed Maximum Price, the Contractor shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Contractor shall no[ proceed to provide the following services until the Contractor receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information set forth in A295-2008, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or Budget for [he Work, or procurement method; .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner, .5 Preparing digital data, in a format other than previously agreed to, for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; .6 Preparation for, and attendance at, a public presentation, meeting or hearing other than those required under A295-2008; or Init AIA Document A196"'-2008. COpyrightm 2008 by The American Institute of Amhitects. All rights reservetl.WARNING:7his AlA®DOCUment is protectetl by U.S. Copyright Law antl International Treaties. Unauthorizetl reproduction or tlistrtbution of this AIA® Document, or any portion of it, may result in 2 severe civil antl crtminal penalties, and will be prosecuted to the maximum extent possible under the Iaw.This tlocument was produced by AIA software a[ ) 17:10:31 on 03/11/2010 under Order No.1000396152_7 which expires on 04/22/2010, and is not for resale. User Notes: (1951937839) 7 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Contractor is party thereto. ARTICLE 2 OWNER'S RESPONSIBILITIES The Owner's responsibilities are as se[ forth in the accompanying A295-2008, as amended. ARTICLE 3 COPYRIGHTS AND LICENSES § 3.1 The Contractor and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is [he copyright owner of such information or has pemilssion from [he copyright owner to transmit such information for its use on the Project If the Owner and Contractor intend to transmit Instnunents of Service or any other information or documentation m digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 3.2 The Contractor hereby assigns to [he Owner, without reservation, all copyrights to all project-related documents, shop drawings, models, photogmphs, and other documents created by the Contractor or the Conhactor's Subcontractors. Among those documents are certain "Instruments of Service," including the shop drawings, models, and other documents, drawings and specifications that aze included in the GMP Documents. The Owner's obligation to pay the Contractor is expressly conditioned upon the Contractor's obtaining a valid written comprehensive assignment of copyrights from his Subcontractors in terms identical to those [hat obligate the Contractor to the Owner as expressed in this subpamgaph, which copyrights the Contractor, in turn, hereby assigns to the Owner. The Owner, in return, hereby grants the Contractor a nonexclusive license to reproduce the documents for purposes relating directly to the Contractor's perfomrance of this Project, for the Contractor's azchival records, and for the Contmctor's reproduction of drawings and photographs in the Contractor's marketing materials. No otherproject-related documents may be reproduced for any other purpose without the express written permission of [he Owner No other copyrights aze included in [his grant of nonexclusive license to [he Contractor. This nonexclusive license shall terminate automatically and immediately upon the occurrence of either a breach of this Agreement by the Contractor or temilnation. This nonexclusive license is granted to [he Contractor alone and shall not be assigned by the Contractor to any other person or entity. Other provisions of [his Agreement notwithstanding, [his nonexclusive license shall temtinate automatically upon an Contractor's assignment of [his nonexclusive license to another or his attempt [o do so. However, nothing in this paragraph shall be construed to preclude the Contmctor from, in turn, assigning to his Consultants a nonexclusive license coextensive with the Contractor's applying to [he documents originally created by that Consultant. § 3.3 If the Owner subsequently reproduces project-related documents or creates a derivative work based upon project-related documents created by the Contractor, where pemiltted or required bylaw; the Owner shall remove or completely obliterate the original professional seals, logos, and other indications on the documents of [he identity of the Contractor and his Consultants. However if required by law, such identification with appropriate qualifying language or other statutorily prescribed information identifying the original Contractor may remain or be applied by the Owner or by a designee of the Owner. § 3.4 Prior to the Contractor providing to [he Owner any Instruments of Service in electronic form or the Owner providing to the Conuactor any electronic data for incorporafion into the Instmments of Service, the Owner and the Contractor shall by separate written agreement set forth [he specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement (Paragraphs deleted) ARTICLE 4 COMPENSATION § 4.1 SERVICES-PROVIDED THROUGH ESTABLISHMENT OF THE GUARANTEED MAXIMUM PRICE § 4.1.1 For the Contractor's performance of services set forth in A295-2008, as amended, through the establishment of the Guaranteed Maximum Price (GMP Services), the Owner shall pay the Contractor as follows: See Special Terms and Conditions, attached. IDIt AIA Document A795"'-2008. Copydght02008 DyThe American Institute of Architects. All dghts reserved.WARNING: This AIA®Document is protected by U.S. Copyright Law and International Treaties. Unauthorizetl reproduction or distribution of this AIA® Document, or any portion of it, may resuh in severe civil antl criminal penaaies, and will be prosecuted to the maximum extent possible untler the law. This document was produced byAlA software at ) 17:10:31 on 03/11/2010 under Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1951937a39) § 4.1.2 For Additional Services that may arise through the establishment of the Guaranteed Maximum Price, including those under Section 1.3, the Owner shall compensate the Contractor as follows: See Special Terms and Conditions, attached. § 4.1.3 Compensation for Additional Services of the Contractor's Subcontractors when not included in Section 4.1.2, shall be the amount invoiced [o the Contmc[or plus five percent (5% ), or as otherwise stated below: See Special Terms and Conditions, attached. § 4.1.4 The hourly billing rates for services of the Contractor and the Contractor's Subcontractors, if any, are set forth below. See Special Terms and Conditions. (Table deleted) § 4.1.SCOMPENSATION FOR REIMBURSABLE EXPENSES § 4.1.5.1 Reimbursable Expenses are in addition to compensation for the Contractor's GMP Services and include expenses incurred by the Contractor and the Contmctor's Subcontractors directly related to the Project, as follows: .1 Transportation and authorized out-of--town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; ,4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; .8 All taxes levied on professional services and on reimbursable expenses; .9 Site office expenses; and .10 Other similar Project-related expenditures incurred in performance of Pre-GMP Services. § 4.1.5.2 For Reimbursable Expenses the compensation shall be the expenses incurred by [he Contractor and the Conhactor's Subcontractors plus an administrative fee of five percent ( 5% ) of the expenses incurred. § 4.2 SERVICES PROVIDED AFTER ESTABLISHMENT OF THE GMP § 4.2.1 For the Contactor's performance of the Work after establishment of the Guaranteed Maximum Price, the Owner shall pay to the Contractor the Contract Sum in current funds. The Contract Sum consists of the Contractor's Fee plus the Cost of [he Work as that term is defined in the A195-2008 Guaranteed Maximum Price Amendment to the Standazd Form Agreement Between the Owner and Contractor for Integrated Project Delivery (GMP Amendment), the form of which is attached as Exhibit A. § 4.2.1.1 Conuactor's Fee shall be determined as follows: See Special Terms and Conditions, attached. § 4.2.2 Following the Owner and Contractor's acceptance of a Guaranteed Maximum Price pursuant to Section 7.10 of A295-2008, the Owner and Contractor shall execute the GMP Amendment amending this Agreement and setting forth the agreed upon Guaranteed Maximum Price with the information and assumpfions upon which it is based. Upon the execution of the GMP Amendment, the Contractor guarantees that the Contract Sum shall not to exceed the Guazanteed Maximtun Price, as it is amended from time to time. To the extent the Cost of the Work exceeds the Guaranteed Maximum Price, the Contractor shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. § 4.3 COMPENSATION FOR USE OF CONTRACTOR'S INSTRUMENTS OF SERVICE If the Owner terminates the Contrnctor for its convenience under Section 7.1.5 or Section 7.2.4, or the Contractor terminates this Agreement under Section 7.1.3 or Section 7.2.1, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Contractor's InsWments of Service solely for purposes of the Project as follows: AIA Document A195TM - 2008. Copyright m 2008 by The American Institute of Architects. All rights reservetl. WARNING: Thls AIA® Document is protected by IRit. U.S. Copyright Law and Inlemational Treaties. Unauthorized reprotluction or distribution of this AIA® Document, or any portion of it, may result in 4 severe civil and criminal penakies, antl will be prosecuted to the maximum extent possible antler the law.This document was produced by AIA software at / 17:10:31 on 03/11/2010 antler Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1951937839) $0.00 ARTICLE 5 PAYMENTS § 5.1 PAYMENTS FOR PRE-GMP SERVICES § 5.1.1 An initial payment of Zero Dollars and Zero Cents ($ 0.00 ) shall be made upon execution of this Ageement and is the minimum payment under this Agcement. It shall be credited to the Owner's account in the final invoice for Pre-GMP Services. § 5.1.2 Unless otherwise ageed, payments for Pre-GMP Services shall be made monthly in proportion to services performed. Payments aze due and payable upon presentation of the Contractor's invoice. Amounts unpaid Forty-five ( 45 )days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Contractor. 8.00% per annum § 5.1.3 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. § 5.2 PROGRESS PAYMENTS FOR CONSTRUCTION SERVICES AFTER GUARANTEED MAXIMUM PRICE ESTABLISHED § 5.2.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progess payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the GMP Documents. § 5.2.2 The period covered by each Application for Payment shall be one calendar month ending on [he last day of [he month, or as follows: § 5.2.3 Provided that an Application for Payment is received by the Architect not later than the Fifth day of a month, the Owner shall make payment of the certified amount [o the Contractor not later than the Fifth day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Thirty (30 )days after the Architect receives the Application for Payment. § 5.2.4 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progess payments already received by [he Contractor, less (2) that portion of [hose payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 5.2.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the GMP Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of [he Work, except [hat [he Contractor's Fee shall be shown as a single separate item. The schedule of values shalt be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by [he Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.2.6 Applications for Payment shall show the percentage of completion of each portion of [he Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Contractor on account of that portion of the Work for which the Contmctor has made or intends to make actual payment prior [o the next Application for Payment by (b) the shaze of the Guaranteed Maximum Price allocated to that portion of the Work m the schedule of values. § 5.2.7 The amount of each progess payment shall be computed as follows: AIA Document A795"' -2009. Copyright02008 byThe American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by Init. U.9. Copyright Law and international Treaties. Unauthodzed reproduction or tlistdbution of this AIA® Document, or any portion of il, may resuk in severe civil and criminal penalties, antl will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 1 17:10:31 on 03/11/2010 under Order No.1 000396 7 52_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1951937839) .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as detemtined by multiplying the percentage of completion of each portion of the Work by the shaze of [he Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 9.21.3.9 of AIA Document A295-2008; .2 Add that portion of the Guaranteed Maximum Price properly allocable [o materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site a[ a location ageed upon in writing; .3 Add the Contractor's Fee, less retainage of Ten percent (10.00% ). The Contractor's Fee shall be computed upon the Cost of the Work at the rate stated in Section 4.2.1.1 or, if the Contractor's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of Ten percent (10.00%) from [hat portion of the Work that the Contractor self-performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Section 5.2.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .7 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.23.5 of AIA Document A295-2008. § 5.2.8 The Owner and the Contractor shall agree upon a (1) mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.2.9 In taking action on the Contactor's Applications for Payment, [he Architect shall be entitled to rely on the accuracy and completeness of the information fiunished by the Contractor and shall not be deemed to represent that the Architect has made a detailed examination, auditor arithmetic verification of the documentation submitted in accordance with Section 5.2.4 or other supporting data; that [he Architect has made exhaustive or continuous on-site inspections; or that the Architect has made examinations [o ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 5.3 FINAL PAYMENT § 5.3.1 Final payment, constituting [he entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 9.25.2.2 of AIA Document A295-2008, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect. § 5.3.2 The Owner's auditors will review and report in writing on the Contractor's final accounting within 30 days after delivery of the final accounting to the Architect by the Contractor. Based upon such Cost of the Work as the Owner's auditors report [o be substantiated by the Contractor's final accounting, and provided the other conditions of Section 5.3.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner's auditors, either issue to the Owner a final Certificate for Payment with a copy to [he Contractor, or notify the Contractor and Owner in writing of the Architect's reasons for withholding a certificate as provided in Section 9.23.5.1 of the AL4 Document A295-2008. The time periods stated in this Section 5.3.2 supersede those stated in Section 9.23.4.1 of the AIA Document A295-2008. The Architect is not responsible for verifying the accuracy of the Contractor's final accounting. § 5.3.3 If the Owner's auditors report the Cost of the Work as substantiated by the Contractor's final accounting to be less than claimed by the Contractor, the Contractor shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 13.2 of A295-2008. A request for mediation shall be made by AIA Document A195"' - 2008. Copyright O 2008 byThe American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by Init. U.S. Copydght Law and International Treaties. Unaulhodzetl reprotluction or distribution of this AIA® Document, or any portion of it, may resuk in s severe civil antl criminal penalties, and will be prosecutetl to the maximum extent possible antler the Iaw.This document was produced by AIA software at / 17:10:31 on 03/11/2010 under Order No.1000396152_7 which expires on 04/22/2010, and is not (or resale. User NOtes: (1951937839) the Contractor within 30 days after the Contractor's receipt of a copy of the Architect's final Certificate for Payment. Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Contractor. Pending a final resolution of the disputed amount, the Owner shall pay the Contractor the amount certified th the Architect's final Certificate for Payment. § 5.3.4 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment. § 5.3.5 If, subsequent to final payment and at the Owner's request, the Contractor incurs reimbursable costs to correct defective or nonconforming self-performed Work, the Owner shall reimburse the Connactor such costs and the Contmctor's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. The Owner shall not be required to reimburse the Contractor to correct defective or nonconforming Work of Subcontractors or Sub-subcontractors, or Work which is covered under any policies of insurance. ARTICLE 6 DISPUTE RESOLUTION § 6.1 PRIOR TO ESTABLISHMENT OF THE GUARANTEED MAXIMUM PRICE The Owner and Contractor shall resolve any claim or cause of action arising out of or relating to the Contractor's GMP Services pursuant to the mediation and azbitra[ion provisions set forth in Sections 13.3 and 13.4 of A295-2008. § 6.2 AFTER ESTABLISHMENT OF THE GUARANTEED MAXIMUM PRICE § 6.2.1 Any Claim arising out of or relating to the Project after establishment of the Guaranteed Maximum Price shall be subject to the terms and conditions set forth in Article 13 of the A295-2008 in its entirety. § 6.2.21NITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 13.2 of AIA Document A295-2008, unless the parties appoint below another individual, not a party to this Agreement, to serve as h»tial Decision Maker. (Paragraphs deleted) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 TERMINATION OR SUSPENSION PRIOR TO ESTABLISHMENT OF THE GUARANTEED MAXIMUM PRICE § 7.1.1 If the Owner fails to make payments to the Contractor of undisputed amounts properly due for GMP Services in accordance with this Agreement, the Contractor may provide written notice of such failure to the Owner and Architect. If Owner fails to make such payment within fourteen (14) days of receipt of such notice, such failure shall be considered substantial nonperformance and cause for temunation or, at the Contractor's option, cause for suspension of performance of services under this Agreement. If the Contractor elects to suspend services, the Contractor shall give an additional seven days' written notice [o the Owner before suspending services. Tn the event of a suspension of services, [he Contractor shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Contractor shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Contractor's services. The Conttactor's compensation for the remaining Pre-GMP Phase services and the time schedules shall be equitably adjusted. § 7.1.2 If the Owner suspends the Project, the Contractor shall be compensated for GMP Services performed prior to notice of such suspension. When the Project is resumed, [he Contractor shall be compensated for expenses incurred in the interruption and resumption of the Contractor's services. The Contractor's compensation for the remaining GMP Services and [he time schedules shall be equitably adjusted. § 7.1.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Contmctor, the Contractor may terminate this Agreement by giving not less than seven days' written notice. § 7.1.4 Either party may terminate [his Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. If a termination by the Owner is subsequently determined to be wrongful, such termination shall automatically be converted to a termination for the Owner's convenience. AIA Document A195"' -2008. Copyright ®2008 byThe American Institute of Amhitects. All rights reserved. WARNING: This AIA~ Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of il, may resuh in severe civil antl criminal penalties, antl will be prosecuted to the maximum extent possible under the Iaw.This document was produced by AIA so(lware at / 1770:31 on 03/11/2010 under Order No.1000395152_1 which expires on 04/22/201Qand is not for resale. User NOtes: (1951937839) § 7.1.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Contractor for the Owner's convenience for any reason and without cause. § 7.1.5.1 Notwithstanding the above, in the event the voters th the City of Aspen do not approve the bond question anticipated [o be on the ballot November 2010, this Agreement will be terminated for the Owner's convenience and no subsequent Suspension or Termination Expenses or fees will be due or will accrue from the Owner to the Architect. § 7.1.6 In the event of termination not the fault of the Contractor, the Contractor shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. (Paragraph deleted) § 7.1.8 The Owner's rights to use the Contractor's Instruments of Service in the event of a temvnation of this Agreement are set forth Article 3 and Section 4.3 of this Agreement as well as the A295-2008 General Conditions of the IPD Agreements. § 7.2 TERMINATION OR SUSPENSION AFTER ESTABLISHMENT OF THE GUARANTEED MAXIMUM PRICE § 7.2.1 TERMINATION BY THE CONTRACTOR § 7.2.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no ac[ or fault of the Contractor or a Subcontractor, sub-Subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 M act of government, such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not nofified the Conhactor of the reason for withholding certification as provided th Section 9.23.4.1 of A295-2008, or because the Owner has not made payment on a Certificate for Payment for undisputed amounts properly due within the time stated in the Contract Documents; or .4 The Owner has failed [o famish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Section 2.2.2 of A295-2008. § 7.2.1.2 The Contractor may terminate the Contract if, through no actor fault of the Contractor or a Subcontractor, sub-Subcontractor or their agents or employees or any other persons or entities under direct or indirect contract with the Contractor, the Owner causes repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 7.2.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completioq or 120 days in any 365-day period, whichever is less. § 7.2.1.3If one of the reasons described in Section 7.2.1.1 or 7.2.1.2 exists, the Contractor mayprovide written notice [o the Owner and Architect of such condition or failure. If Owner fails to make such payment or correct such condition within fourteen (14) days of receipt of such notice, the Conbtractor may, upon seven days' additional written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit on the work completed, and costs incurred by reason of such termination. § 7.2.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations as set forth herein and A295-2008 with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate this Ageement and recover from the Owner as provided in Section 7.2.1.3. § 7.2.2 TERMINATION BY THE OWNER FOR CAUSE § 7.2.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and [he Subcontractors; AIA Document A795"' -2008. CopYright02008 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protectetl by In(t. U.S. Copyright Law and International Treaties. Unauthorized reproduction or tlistribution of this AIAa Document, or any portion of n, may result in severe civil antl criminal penalties, antl will be prosecutetl to the maximum extent possible antler the Iaw.This document was produced by AIA software at ) 17:10:31 on 03/11/2010 under Order No.1000396152_i which expires on 04/22/2010, and is not for resale. Usar NOtes: (1951937839) .3 repeatedly disregazds applicable laws, statutes, ordinances, codes, Hiles and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substanfial breach of a provision of the GMP Documents. § 7.2.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construcfion equipment and machinery [hereon owned by the Contractor; .2 Accept assignment of subcontracts; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of [he Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner hm finishing [he Work § 7.2.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 7.2.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. If a termination by the Owner is subsequently determined to be wrongful, such termination shall automatically be converted to a termination for the Owner's convenience. § 7.2.2.4 If the unpaid balance of [he Contract Sum exceeds costs of finishing the Work, including compensation for [he Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner The amount to be paid to the Contractor or Owner, as the case maybe, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. § 7.2.2.4.1 If the Owner terminates the Contract for cause, the amount, if any, to be paid to the Contractor under Section 7.2.2.4 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as follows: .7 Take the Cost of the Work incurred by the Contractor to the date of termination; .2 Add the Contractor's Fee computed upon the Cost of the Work to the date of termination a[ [he rate stated in Section 4.2.1.1 or, if the Contractor's Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of [he Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner. § 7.2.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 7.2.3.7 The Owner may, without cause, order [he Contractor in writing [o suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 7.2.3.2 The Contmct Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 7.2.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 7.2.4 TERMINATION BY THE OWNER FOR CONVENIENCE § 7.2.4.1 The Owner may, at any time, [emminate the Contract for the Owner's convenience and without cause. § 7.2.4.1.1 Notwithstanding the above, in the event the voters in the City of Aspen do no[ approve the bond question anticipated to be on the ballot November 2010, this Agreement will be terminated for the Owner's convenience and no subsequent Suspension or Termination Expenses or fees will be due or will accrue from the Owner to the Architect. § 7.2.4.2 Upon receipt of written notice from the Owner of such termination for [he Owner's convenience, the Contractor shall Imit AIA Document A795TM-2008.Copyright®2008 byThe American Institute of Architects. All rights reservatl.WARNING:7his AlA®DOCUmem is protected by U.B. CopydgM Law and International Treaties. Unauthodzed reproduction or distdbulion of this AIA Document, or any portion of It, may resuk in severe civil antl criminal penalties, and will be prosecuted to the maximum extent possible antler the law. This document was produced by AIA software at / 17:10:31 on 03/11/2010 under Order No.1000396152_7 which expires on 04/22/2010, and is not for resale. User NOtes: (1951937839) .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that [he Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcon[mcts and purchase orders. § 7.2.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work executed. § 7.2.5 In the event of any termination by the Owner, the Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Contractor that the Owner elects to retain and [hat is not otherwise included in the Cost of the Work. To [he extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 7, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 This Ageement shall be governed by the law of [he place where the Project is located, subject to the Federal Arbitration Act as applicable. § 8.2 Terms in this Ageement shall have the same meaning as those in A295-2008, as amended. § 8.3 The Owner and Contractor, respectively, bind themselves, their agents, successors and assigns to this Agreement. Neither the Owner nor [he Contractor shall assign [his Agreement without the written consent of the other, except that the Owner may assign this Agreement [o a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Ageement. § 8.4 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Contractor. § 8.5 If the Contractor or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and conhactors whose contracts include similaz restrictions on the use of confidential information. ARTICLE 9 SPECIAL TERMS AND CONDRIONS Special terms and conditions [hat modify this Agreement are as follows: See Special Terms and Conditions, attached. ARTICLE 10 SCOPE OF THE AGREEMENT § 10.1 This Ageement represents the entire and integrated agreement between the Owner and the Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. This Ageement may be amended only by written instrument signed by both Owner and Contractor. § 10.2 The following documents comprise the Agreement: .1 AIA Document A195-2008, Standard Fonn of Agreement Between Owner and Contractor for Integrated Project Delivery .2 AIA Document A295-2008, General Conditions of the Contract for Integrated Project Delivery .3 AIA Document E201T"'-2007, Digital Data Protocol Exhibit, if completed, or the following: AIA Document A195TM - 2008. Copyright ®2008 hyThe Amedcan Institute of Architects. All dghts reservetl. WARNING: This AIA° Document is protected 6y Init. U.S. Copyright Law and International Treaties. Unaulhodzed reprotluction or tlistribution of this AIA® Document, or any portion of It, may resuk in 10 severe civil antl criminal penalties, and will be proseculetl to the maximum extent possible under the Iaw.This document was produced by AIA software al / 17:10:31 on 03/11/2010 uMer Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1951937839) .4 Other documents: Exhibit A- Request for Proposals: Precon struction Services /Contractor at Risk dated December 23, 2009 Exhibit B - Haselden Construction Burlingame Phase II Proposal Preconstruction Services /Contractor at Risk dated January 15, 20]0 Special Terms and Conditions for Integrated Project Delivery Agreements. This Agreement entered into as of the day and year first written above. I CITY OF ASPEN .~ ~~ ~~ ' 0 NER (Signature) ~iE:Q.,~~-Vt,c9ick I (Row deleted) HASELDEN CONSTR CTION, LLC ~r~'~~~ CONTRACTOR (Signature) ` Ja~td R.~2dtep Jen~o \Ree ces', G~:e~ F`snav,c`:~~ 0 iCOS AIA Document A795 2008 Copynghtm2008 by The American lnstdute of Archdecls All rights reserved k tFC '~S ~ un< i ~-<~. r Intl a i~ ft v nc 1. trrn,r 1 .~ foi¢otl eI _. o;. f M1 ' ; U .Lr m ..r. ! m sr r_.I..ntl cr minslpmaPs ocr spa std Ntnc ~ ssitz~ i ~n~t~ns This document was produced by AlA SOflware at ~~ ) 17:10:31 on 03/17/20'10 under Order No~7000396182_1 which e~ires on 04/22/2010, and is not for resale. User NOtas: (1951937839) .4 Other documents: Exhibit A- Request for Proposals: Preconstrucfion Services / Contractor a[ Risk dated December 23, 2009 Exhibit B - Haselden Construction Burlingame Phase II Proposal Preconstruction Services /Contractor at Risk dated January 15, 2010 Special Te7ms and Conditions for Integrated Project Delivery Agreements. This Agreement entered into as of the day and year first written above. CITY OF ASPEN HASELDEN CONSTRUCTION, LLC OWNER (Signature) Michael C. Ireland, Mayor CONTRACTOR (Signature) Byron Haseldon, President (Raw deleted) Inlt. AIA Document A195^'-2008. Copyright02008 by The American Institute of Architects. All fights reserved.WARNING: This AlA®DOCUment is Drotected by U. S. Copyright Law antl Inlemational Treaties. Unauthorized reprotluction or distribution of this AIA Document, or any portion of n, may result in ~ ~ severe civil and criminal penalties, antl will be prosecuted to the maximum extent possible under the Iaw.This document was produced by AIA software at ( 17:70:31 on 03/11/2010 under Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User Notes: (7951937839) Additions and Deletions Report for AIA Document A 195'M - 2008 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all teat the author has addetl to the standard form AIA document in ceder to complete it, as well as any text the author may have added to or deleted from the original AIA teal. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA fezl. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any paR of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 17:10:31 on 03/11/2010. PAGE1 AGREEMENT made as of the a-~ ~~`--i;.~' 7,_ ._ _-.,..:_.,:__... ,,... _.,._.r.....a ..e.._ 22nd day of March in the year 2009 Citv of Ashen 130 South Galena Street Aspen, Colorado 81611 Haselden Cons[mc6on LLC 6950 South Potomac Street Centennial CO 80112 OZ Architecture 1805 29th Street. Suite 2054 Boulder. CO 80301 PAGE2 § 1.7 The Contractor shall fully execute the Work described in the GMP Documents, except as specifically indicated in the GMP Documents to be the responsibility of others. The GMP Documents are defined in Article 1 of AIA Document A295T^1-2008, General Conditions Document of the Contract for Integrated Project Delivery, as amended which is incorporated herein by reference. Addkions antl Deletions Report for AIA Document A196TM -2009. Copyright®2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of h, may resuh in severe civil antl criminal penalties, antl will be prosecutetl to the maximum extent possible under the law. This document was produced by AIA software at 17:10:31 on 03/11/2010 under Order No.1000396162_t which expires on 04/22/2010, and is not for resale. User NOtes: (1961937839) Burlingame Ranch Phase IL § 1.2 The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document "^°~~3-~-o^^^Q.A29~2008, as amended. PAGES The Owner's responsibilities aze as set forth in the accompanying " ^"~^~A295-2008, as amended. § 3.2 The Contractor I1~e€Seraie ,,...a _e..a...va ~_>,.,. .hereby assigns to the Owner, without reservation, all wpvrights [o all proiect-related documents, shop drawings, models, photog_phs, and other documents created by the Contractor or the Contractor's Subcontractors. Amone those documents are certain "Instruments of Service." includine the shop drawines, models, and other documents, drawines and specifications that aze included in the GMP Documents. The Owner's oblieation to pay the Contractor is expressly conditioned upon the Conttactor's obtainin a valid written com rehensive assi ant of co hts from his Subcontractors in leans identical to [hose that oblieate the Contractor to the Owner as expressed m this subpamemph, which copvriehts the Conhactor, in turn, hereby assiens to the Owner. The Owner, in return, hereby etants the Contractor a nonexclusive license [o reproduce the documents for purposes relatin¢ directly to [he Contractor's performance of this Proiect, for the Contractor's archival records, and for the Contractor's reproduction of drawines and photoeraphs in the Contractor's marketine materials. No other proiect-related documents maybe reproduced for any other pumose without the express written oeanission of the Owner No other copvriehts are included in this Brant of nonexclusive license [o the Contractor. This nonexclusive license shall terminate automatically and immediately upon the occuaence of either a breach of [his At3eement by the Contractor or termination. This nonexclusive license is eranted to the Contractor alone and shall not be assilmed by the Contractor to any other person or entiri. Other provisions of this Aereement notwithstandine. this nonexclusive license shall terminate automatically upon an Contractor's assierlment of this nonexclusive license to another or his attempt to do so. However, nothine in this paraeraph shall be construed to preclude the Contractor from, in tam, assienine to his Consultants a nonexclusive license coextensive with the Contractor's applvine to the documents orieinally created by that Consultant. 3.3 If the Owner subsepuently reproduces proiect-related documents or creates a derivative work based upon ro'ect-related documents created b the Contractor where emtitted or re wired b law the Owner shall remove or completely obliterate the orieinal professional seals, loeos, and other indications on [he documents of the identiri of the Contractor and his Consultants. However if reuuired by law, such identification with appropriate uualifvine laneuaee or other statutorily prescribed information identifvine the orieinal Contractor may remain or be applied by the Owner or by a desienee of the Owner 3.4 Prior to the Contractor providine to the Owner any Instruments of Service in electronic form or the Owner ~oviding to the Contractor any electronic data for incomoration into the Instruments of Service, the Owner and the Contractor shall by separate written aareement set forth the specific conditions eovernine the format of such Instruments of Service or electronic data. includine any special limitations or licenses not otherwise provided in this Aereemen[. Addkions and Deletions Report for AIA Documem Af 95T" - 2008. Copyright ©2008 by The American Institute of Architects. All dghls reserved. WARNING: This AIA® Document is protected by U.S. Copyrtght Law antl International Treaties. Unauthorizetl reprotluction or distdbmlon of this AIA® Document, 2 or any portion of it, may resuN in severe civil antl cdminal penalties, and will be prosecutetl to the maximum extent possible antler the law. This document was produced by AIA software at 17:10:31 on 03/11/2010 under Order No.1000396152_7 which expires on 04/22/2010, and is not for resale. User Notes: (1951937839) § a.1 ERVICES PROVIDE D THROUGH ESTABLISHMENT OF THE GUARANTEED MAXIMUM PRICE § 4.1.1 For the Contractor's performance of services set forth in A °^° °^~,~-~°-~~A295-2008, as amended, ihrou the establishment of the Guaranteed Maximum Price (~Fre-6A9g-(GMP Services), the Owner shall pay the Contractor as follows: See Special Terms and Conditions, attached. § 4.1.2 For Additional Services that may arise ptieF-fathroueh the establishment of the Guaranteed Maximum Price, including those under Section 1.3, the Owner shall compensate the Contractor as follows: See Special Terms and Conditions. attached. § 4.1.3 Compensation for Additional Services of the Contractor's Subcontractors when not included in Section 4.1.2, shall be the amount invoiced to the Contractor plus five percent (°~o-)-, 5% or as otherwise stated below: See Special Terms and Conditions. attached. § 4.1.4 The hourly billing rates for services of the Contractor and the Contractor's Subcontractors, if any, aze set forth below. ~~ See Special Terms and Conditions. ~'.fH~890Pf R2t2 PAGE 4 § 4.1.5.1 Reimbursable Expenses are in addition to compensation for the Contractor's gre-6t~GMP Services and include expenses incurred by the Contractor and [he Contractor's Subcontmctors directly related to the Project, as follows: Addkions antl Deletions Report for AlA Document A195'" -4008. CopyrightO2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law antl International Treaties. Unauthodzetl reproduction or distdbulion of this AIA® Document, 3 or any portion of k, may resuN in severe civil and cdminal penalties, and will be prosecuted to fhe maximum extent possible under the law. This document was produced by AIA software at 17:10:31 on 03/11/2010 under Order No.1000396152_7 which expires on 04412/2010, antl is not for resale. User NOtes: (1951937839) § 4.1.5.2 For Reimbwsable Expenses the compensation shall be the expenses incurred by [he Contractor and the Contractor's Subcontractors plus an administrative fee of five Dercent ( "k}500/~of [he expenses incurred. e s.r.e r+_... _c.r.,. ..r,._r. ,._ ,.a,e_ __~.:.. _ c _ a,.. t r 1 s ~7 See Special Terms and Conditions. attached. PAGE5 0.00 § 5.1.1 Art initial payment of Zero Dollazs and Zero Cents ($ 0.00 )shall be made upon execution of [his Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice for Pre-GMP Services. § 5.1.2 Unless otherwise agreed, payments for Pre-GMP Services shall be made monthly m proportion to services performed. Payments are due and payable upon presentation of [he Contractor's invoice. Amounts unpaid Fo -five ( 45 )days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal mte prevailing from time to time at fhe principal place of business of the Contractor. °~0-8.00% per annum § 5.2.3 Provided that an Applicaton for Payment is received by the Architect not later than the Fifth day of a month, the Owner shall make payment of the certified amount to the Conhactor not later than the Fifth -day of the followine month. If an Application for Payment is received by [he Architect after the application date fixed above, payment shall be made by the Owner not later than ~( 30 )days after the Architect receives the Application for Payment. ~. ...,, , PAGE6 .3 Add the Contractor's Fee, less retainage of Ten percent ("/0)-10.00% .The Contractor's Fee shall be computed upon the Cost of the Work at the mte stated in Section 4.2.1.1 or, if the Contractor's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of Ten Dercent ("/o-} 10.00% 1 from [ha[ portion of [he Work that the Contractor self-performs; PAGE? § 5.3.4 The Owner's final payment to the Contmctor shall be made no later than 30 days after the issuance of the Architect's final Certificate for wry Payment. § 5.3.5 If, subsequent to final payment and at the Owner's request, the Contractor incws reimbursable costs to correct defective or nonconforming self-performed Work, the Owner shall reimbwse the Contractor such costs and the Contrnctor's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. The Owner shall not be required to reimburse [he Contractor to correct Addalons antl Deletions Report for AIA Documem A195"' -4008. Copyright®2008 by The American Institute ofAmhitects. All dghts reserved. WARNING: This AIA® Document is protected by U.S. Copydght Law and International Treaties. Unauthorizetl reproduction or tlistdbution of this AIA® Document, 4 or any portion of it, may resua in severe civil and cdminal penalties, and will be firosecutetl to the maximum extent possible under the law. This document was produced by AIA software at 17:10:31 on 03/11/2010 under Ober No.1000396152_t which expires on 04/22/2010, antl is not for resale. User NOtes: (1951937839) defective or nonconfomtine Work of Subcontractors or Sub-subcontractors, or Work which is covered under any policies of insurance. The Owner and Contractor shall resolve any claim or cause of action arising out of or relating to the Contractor's °-~-.~.""D GMP Services pursuant to the mediation and arbitration provisions set forth in Sections 13.3 and 13.4 of A295-2008. § 7.1.1 If the Owner fails to make payments to the Contractor `°- °-~^" "D °f undisputed amounts properly due for GMP Services in accordance with this Agreement, the Contractor may provide written notice of such failure [o the Owner and Architect. If Owner fails to make such payment within fourteen (14) days of receipt of such notice, such failure shall be considered substantial nonperformance and cause for termination or, at the Contractor's option, cause for suspension of performance of services under this Agreement. If the Contractor elects to suspend services, the Contractor shall give an additional seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Contractor shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Contractor shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Contractor's services. The Contractor's compensation for the remaining Pre-GMP Phase services and the time schedules shall be equitably adjusted. § 7.1.2 If the Owner suspends the Project, the Contractor shall be compensated for °-~"" ~rD GMP Services performed prior to notice of such suspension. When the Project is resumed, the Contractor shall be compensated for expenses incurred in the interruption and resumption of the Contractor's services. The Contractor's compensation for the remaining °-~,~-~^-`~"'-^,-MP Services and the time schedules shall be equitably adjusted. § 7.1.4 Either party may terminate this Ageement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of [he party initiating the termination. If a termination by [he Owner is subsequently determined [o be wronnful, such termination shall automatically be converted to a termination for the Owner's convenience. § 7.1.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Contractor for the Owner's convenience for anv reason and without cause. 5 7.1.5.1 Notwithstandin¢ the above, in the event the voters in the City of Aspen do not approve [he bond question anficipated to be on [he ballot November 2010, this Agreement will be terminated for the Owner's convenience and no subsequent Suspension or Termination Exnenses or fees will be due or will accrue from the Owner to the Architect. § 7.1.6 In the event of termination not the fault of the Contractor, the Contractor shall be compensated for services performed prior [o [ennination, together with Reimbursable Expenses [hen a°c_°a :_ ~°°.:°.. ~.'.°. due. Addkions and Deletions Report for AIA Document A195" -4008. Copyright®2008 by The American Institute of Architects. All dgfrts reservetl. WARNING: This AIA® Document is protectetl by U.S. Copyright Law and Inlamational Treaties. Unauthodzed reproduction or distdbulion of this AIA® Document, 5 or any portion of it, may result in severe civil and criminal penalties, and will he prosecuted to the maximum extent possible untler the law. This document was produced by AIA software al 17:10:37 on 03/11/2010 under Order No.1000396152_1 which expires on 04/22/2010, antl is not for resale. User NOtes: (1951937839) PAGER Because the Architect has not issued a Certificate for Payment and has not notified the Contmctor of the reason for withholding certification as provided in Section 9.23.4.1 of A295-2008, or because the Owner has not made payment on a Certificate for Payment for undisputed amounts properly due within the time stated in the Contract Documents; or § 7.2.1.3 If one of the reasons described in Section 7.2.1.1 or 7.2.1.2 exists, the Contractor mavprovide written notice to the Owner and Architect of such condition or failure. If Owner fails to make such payment or wired such condition within fourteen (141 days of receipt of such notice, the Conbtractor may, upon seven days' additional written notice to the Owner and Architect, terminate the Con[mct and recover from the Owner payment for Work executed, including reasonable overhead and pref ~~rofit on the work completed. and costs incurred by reason of such te~ina£ieR; gad 11eRleges-temtination. PAGE9 § 7.2.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 7.2.2.1, [he Contractor shall not be entitled to receive further payment until the Work is finished. If a termination by the Owner is subsequently determined to be wrongfuh such termination shall automatically be converted to a termination for the Owner's convenience. 6 7.2.4.1.1 Notwithstanding the above, in the event the voters in the City of Aspen do not approve the bond question anticipated to be on the ballot November 2010, this Agreement will be terminated for the Owner's convenience and no subsequent Suspension or Termination Expenses or fees will be due or will accrue from the Owner to the Architect. PAGE 10 § 7.2.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work net~executed. § 8.2 Terms in this Agreement shall have the same meaning as those in "''^~`-~r°^^Q.A295-2008, as amended. § 8.3 The Owner and Contmctor, respectively, bind themselves, their agents,-:;::----::, =-_~~,- --''_-ac'. successors and assigns to this Agreement. Neither the Owner nor the Contractor shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. See Special Terms and Conditions, attached. Atltlalons and Deletions Report for AIA Document A195^' -2008. Copyright02008 by The American Institute ofAmhitects. All fights reserved. WARNING: This AIA® Document is protectetl by U.S. Copyright Law antl International Treaties. Unauthorizetl reprotludion or tlistdbution o/this AIA® Document, s or any portion oT it, may resua In severe civil and criminal penaaies, and will be prosecutetl to the mazlmum ezteM possible under the law. This tlocument was produced by AIA software at 17:10:31 on 03/11/2010 under Ober No.1000396152_1 which expires on 04/22/2010, antl Is not for resale. User NOtes: (1951937839) PAGE 11 ~, :.. ~.,.~ a_.....,,,,_.. :r.._., r .....:__ _..., .,ra.,. ~ ~.,._ ._. Exhibit A- Request for Proposals: Preconstruction Services / Contractor at Risk dated December 23, 2009 Exhibit B - Haselden Construction Burlin¢ame Phase II Proposal Preconstruction Services /Contractor at Risk dated January 15, 2010 Special Terms and Condifions for Inte>3ated Proiect Delivery A¢reements. CITY OF ASPEN HASELDEN CONSTRUCTION. LLC Michael C. Ireland. Mayor Byron Haseldon. President Addaions and Deletions Report for AIA Document A195TM -2008. Copydghtm 2006 by The American Institute ofArchitects. All rights reservetl. WARNING: This AIA® Document is protected by U.S. Copydght Law antl International Treaties. Unauthortzed reproduction or Oistdbution of this AIA® Document, 7 or any portion of a, may result in severe civil and crtminal penakies, and will be prosecutetl to the maximum extent possible untler the law. This document was produced by AIA software a117:10:31 on 03/11/2010 under Order No.1000396152_t which expires on 04/22/2010, ant is not for resale. User NOtes: (1951937839) Certiflcatlon of Document's Authenticity AIA® Document D401TM - 2003 I, Janet Lawler McDaniel, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with Its associated Additions end Deletions Report and this certification at 17:10:31 on 03/11/2010 under Order No. 1000396152 1 from AIA Contract Documents software and that in preparing the attached final document 1 made no changes to the original text of AIAm Document A193TM - 2008 - Standard Form of Agrament Between Owner and Contractor for Integrated ProjeM Delivery, as published by the AIA in its software, other then those additions and deletions shown in the associated Additions and Deletions Report. ~~~~Zh~:.•v (Signed) ~Uart~rl . r!'ideJ 3 ~/a~lo (Dated~~ AIA Document D/Ot ° -2003. CapynpM O 1992 and 2003 by The American Insalula of ArohaeGS. Ak rlahh ruarvad. WARNING: Thb AIAe Document Is protaotad by U.S. Copydeht Law and IntemaUonal TraaWa. Unaulhodzed nproducdon or tllstribuaon of this AIAe Document, or any poNOn of k, may muh in aware cWil and criminal panalGn, and will be prosecuted h the maximum eahm poasl6le undarthe law. TNa documaM waa produoetl by AIA sollvnro el 17:1031 an 0 917 112 0 1 0 antler OMer No.100039618~1 whkh e~ires an 0 412 212 01 0, end M nd for roaele. User Mohr. (1a61B37639) The City of Aspen Special Terms and Conditions for Integrated Project Delivery Agreements These Special Terms and Conditions modify the AIA Document A195 - 2008 Standard Form of Agreement between Owner and Contractor for Integated Project Delivery ("Agreement") entered into on the 22nd day of March in the year 2010, and the AIA Document A295-2008 General Conditions of the Contract for Integated Project Delivery. BETWEEN the Owner: The City of Aspen 130 South Galena Street Aspen, Colorado 81611 and the Contractor: Haselden Constructioq LLC 6950 South Potomac Street Centennial, CO 80112 for the following Project: Burlingame Ranch Phase II: Planning, design and development for the City of Aspen's Burlingame Ranch Phase II affordable housing development, including a new affordable housing facility similar to Burlingame Ranch Phase I, including new construction of roads, infrastructure and 161 additional multifamily units plus platting for 6 single family lots as described in Exhibit "A"- Request for Proposals: Preconslruction Services /Contractor at Risk dated December 23 2009 and in Exhibit "B" -Haselden Construction Burlingame Phase II Proposal Preconstruction Services / Contractor at Risk dated January 15, 2010 both attached hereto and incorporated herein by reference. and the Architect is: OZ Architecture 1805 29th Street, Suite 2054 Boulder, CO 80301 and the Construction Manager is: Rider Levett Bucknall 1621 Eighteenth Street, Suite 255 Denver, Colorado 80202 The Owner and Contractor agree as follows: AIA A195-2008 ARTICLE 4 COMPENSATION § 4.1 SERVICES PROVIDED THROUGH THE ESTABLISHMENT OF THE GUARANTEED MAXIMUM PRICE § 4.1.1 For the Contractor's performance of services set forth in the A295-2008, as amended, through the establishment ofthe Guaranteed Maximum Price (GMP Services) and through the Implementation Documents Phase, the Owner shall pay [he Contractor the following lump sum amounts. Reimbursable Expenses shall be reimbursed at cost, not to exceed the amount listed below. Conceptualization Phase Fees: $ 8,469.00 Criteria Design Phase Fees: $ 23,609.00 Detailed Design Phase Fees: $ 67,596.00 Es[imatedReimbursables $ 22.500.00 Initial Contract Not to Exceed: $122,174.00 § 4.1.2 For Additional Services that may arise through the establishment of the Guazanteed Maximum Price, including those under Section 1.3, the Owner shall compensate the Contractor on the basis of the pre-approved hourly rates set forth in Section 4.1.4 below, and Reimbursable Expenses. § 4.1.3 Compensation for Additional Services of the Contractor's Subcontractors prior to the establishment of the Guaranteed Maximum Price when not included in Section 4.1.2 shall be [he amount invoiced to the Contractor plus five percent (5%). § 4.1.4 The pre-approved hourly billing rates for services of the Contractor and the Contractor's Subcontractors, if any, are set forth below. The hourly billing rates listed below shall include all applicable labor burden. Exempt and salaried employees shall no[ charge the Project more than 40 hours per week, and shall not charge the Project overtime rates. Hourly Billing Rates: See Exhibit B - Haselden Construction Burlingame Phase II Proposal Preconstruction Services / Corractor at Risk dated January 15, 2010. § 4.2 SERVICES PROVH)ED FOR IMPLEMENTATIN DOCUMENTS PHASE: § 4.2.1.1 For [he Contractor's performance of services set forth in [he A295-2008, as amended, through the Implementation Documents Phase, the Owner shall pay the Contractor [he following lump sum amount. Reimbursable Expenses shall be reimbursed at cost, not to exceed the amount listed below. This phase requires future City Council approval and a future addendum prior to the start of services. Implementation Documents Phase Fee: $46,550.00 EstimatedReimbursables• $ 8.375.00 Future Addendum: $54,925.00 ARTICLE 9 SPECIAL TERMS AND CONDTFIONS Special terms and conditions that modify this Agreement are as follows: TBD § 9.22.2.8.7 SCHEDULE OF LIQUIDATED DAMAGES: Owner shall deduct from Contractor Two Thousand Dollars ($2,000 Dollars) for each day after the Date of Substantial Completion set forth in the GMP Amendment until [he Work is substantially complete as that term is defined in Section 10.1.2 of [he A295 - 2008 and Three Thousand Dollazs ($3,000) for each day after the Date of Final Completion of the Work until the Work is finally complete as [hat term is defined in Section 10.2 in the AIA Document A295 - 2008. AIA A295-2008 § 1.2 INITIAL INFORMATION The Owner, Architect and Contractor may rely on the Initial Information. Each, however, recognizes that such information may materially change and, in that event, the parties shall agree upon appropriate adjustments to the Architect's and Contractor's services and compensation, and the schedule. The Initial Information is as follows: See Exhibit A -Request for Proposals: Precons[ruction Services /Contractor at Risk dated December 23, 2009. The Initial Information maybe further developed and modified during the Preconstruction Services phase. § 1.2.1 The Owner's progam for the Project: See Exhibit A -Request for Proposals: Preconstruction Services /Contractor at Risk dated December 23, 2009. The Owner's progam will be further developed during the Preconstruction Services phase of the Project. TBD § 1.2.2 The Project's physical characteristics: Burlingame Ranch is the City of Aspen's premier family-style affordable housing development se[ on 32 acres of hillside on Harmony Road in Aspen, CO. Plans for Burlingame Ranch entail a total of 258 deed-restricted affordable housing units including 245 multifamily units plus 13 single family lots. Phase I has been substantially completed and consists of 84 multifamily units and 7 single family lots. Phase II of the affordable housing facility shall be similar to Burlingame Ranch Phase I, including new construction of roads, infrastructure and 161 additional multifamily units plus platting for 6 single family lots as described in Exhibit "A"-Request for Proposals: Preconstruction Services /Contractor at Risk dated December 23, 2009 and in Exhibit "B" - Haselden Construction Burlingame Phase II Proposal Preconstruction Services /Contractor at Risk dated January 15, 2010 both attached hereto and incorporated herein by reference. § 1.2.3 The Owner's Budget for the In[egated Project Delivery design efforts is $4,300,000 for the Conceptualization, Criteria Design, Detailed Design and Implementation Documents phases only; not for Construction and Closeout phases. The budget for Construction and Closeout phases will be established based on the GMP Bid that is expected to be developed and delivered by the Contractor at Risk with the help of the IPD team as described herein. § 1.2.4 The Owner's anticipated design and construction schedule: .1 Design phase milestone dates: Begin Precons[ruction: January 25, 2010 Conceptualization Phase: Lritial meeting March 23, 2010 Criteria Design Phase: TBD Detailed Design Phase: Completed July 23, 2010 GMP Bid Due: August 6, 2010 Implementation Phase: TBD Requires future City Council approval. Uue date for public fWrdin~ ballot quesfion approval-by ttapen GSty Council: Aagutt 313, 2tldl Public ballot questiouonboffi1 funding: Novel 2, 7Alq .2 Commencemen[ofconstruction: Horiwntal: TBD Vertical: TBD .3 Substantial Completion date or milestone dates: TBD .4 Other: Final Completion TBD § 1.2.5 The Owner's requirements for accelerated or fast-track scheduling, or phased construction are set forth below: The Owner anticipates that the Project will be constructed in 4 different phases of approximately 40 units per phase. However the Project phasing is subject to further development during the Precons[ruc[ion Phase and could be revised at a later date. § 1.2.6 Other Project information: Aspen Fire Protection District Aspen - Pitki n Efficient Bui (ding Progam Pitkin County Drainage and Erosion Control Plan Department of Energy Building America Standards, where applicable Aspen Engineering Department Construcfion Management Plan § 1.2.7 The Owner identifies the following representative in accordance with Section 2.1.1: Project Manager: Chris Everson City of Aspen 130 South Galena Street Aspen, Colorado § 7.2.8 The persons or entities, in addition to the Owner's representative, who are required to review submittals to [he Owner are as follows: Rider Levett Bucknall 1621 Eighteenth Street, Suite 255 Denver, Colorado 80202 Phone: 720-904-1480 Fax:720-904-1481 Contact: Peter Knowles petecknowles@us.rlb.com § 1.2.9 The Owner will retain the following consultants and Contractors: .1 Geotechnical Engineer: CTL~Thompson, Inc. 1971 West 12th Avenue Denver, Colorado 80204 Phone: (303)825-0777 Fax: (303) 825-4252 Contact: JohnMechling .2 CommissioningAgen[: Engineering Economics, Inc. 780 Simms Street, Suite 210 Golden, CO 80401 Phone: (303)239-8700 Fax: (303)239-9982 Contact Jarrell Wenger Jarrell. Wenger@eeiengineers.com 3 Other: Material Testing Firm TBD .4 Other: Entitlements Consultant TBD § 1.2.10 The Architect identifies the following representative in accordance with Section 3.1.1: Eduardo Dlanes OZ Architecture 1805 29th Sheet, Suite 2054 Boulder, CO 80301 Phone: (303)449-8900 Fax: 303.449.3886 eillanes@OZARCH.COM § 1.2.11 The Arcltect will retain the following consultants: .1 Structural Engineer: Monroe & Newell Engineers, Inc. 619 Main Street, Suite 7 Frisco, Colorado 80443 970-668-3776 Contact: Peter Monroe, Partner PMo nroe@ mo nroe-newel l.com .2 Mechanical Engineer: ABS Consultants, Inc. 1530 16th Street, Suite 400 Denver, Colorado 80202 303-623-6200 Contact: Marc Able, P.E., Partner enable@absco ns ultants.co m .3 Electrical Engineer: ABS Consultants, Inc. 1530 16th Street, Suite 400 Denver, Colorado 80202 303-623-6200 Contact: Marc Able, P.E., Partner mabl a@absco ns ul[an[s.co m .4 Other: Civil Engineer Alpine Engineering, Inc. 34510 I-fighway 6, Unit A9 Edwards, Colorado 81632 970-926-3373 Contact: Ken[ Kriehn, PE-LS, Principal 1¢i ehn@al pi neci vil.com .5 Other: Land Planner Design Workshop 120 Main Street Aspen, Colorado 81611 970-925-8354 Contact: Richard Shaw, FASLA, Principal rshaw@designworkshop.com .6 Other: Landscape Architect Mt. Daly Enterprises, LLC. 100 North Third Street #102 Carbondale, Colorado 81623 970-963-9896 Contact: Julia Marshall, ASLA, Principal mtdaly@sopris.net .7 Other: Acoustics Consultant D.L. Adams Associates, Inc. 1701 Boulder Street Denver, Colorado 80211 303-455-1900 Contact: JeffKwolkoski, P.E., Principal JKwolkoski@dlaa.com .8 Other: WaterproofingConsul[ant Professional Investigative Engineers 6275 Joyce Drive, Suite 200 Arvada, Colorado 80403-7541 303-552-0177 Contact: Eric Amhaus, Department Manager eamhaus@callpie.com .9 Other: PlanningFacili[ator Vann Associates 230 East Hopkins Avenue Aspen, Colorado 81611 970-925-6958 Contact: Sunny Vann, Principal vannassociates@comcast. net § 1.2.12 The Contractor identifies [he following representative in accordance with Section 4.1.1: Haselden Construction 6950 South Potomac Sheet Centennial, CO 80112 (303) 751-1478 Contact: Byron Haselden byronhaselden@ haselden.com § 1.2.13 The Contractor will retain [he following consultants and Subcontractors to assist the Contractor in its performance of the Pre-GMP Services: TBD § 1.2.14 Other Initial Information: TBD § 13.1.2 NOTICE OF CLAIMS: Any written notice required under § 13.1.2 of AIA Document A295 - 2008, as modified, maybe hand delivered to the respective persons at the addresses listed below, sent via overnight delivery service with documented receipt, or mailed via certified mail return receipt requested, to: Owner Ciry Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 Contractor Byron Haseldon Haselden Construction 6950 Sou[h Potomac Street Centennial, CO 80112 Architect: Eduardo Illanes OZ Architecture 1805 29th Street, Suite 2054 Boulder. CO 80301 Construction Manager: Peter Knowles Rider Levett Bucknall 1621 Eighteenth Street, Suite 255 Denver, Colorado 80202 fb.us.4960303.01 TT ==A1 Document A295T" - 2008 General Conditions of the Contract for Integrated Project Delivery for the following PROJECT: Burlingame Ranch --Phase II Harmony Road Aspen, Colorado THE OWNER: City of Aspen 130 South Galena Street Aspen, Colorado 81611 THE ARCHITECT: OZ Architectwe 1805 29'" Street, Suite 2054 Boulder, CO 80301 Phone: (303)449-8900 Fax: (303)449-3886 Contact: Eduardo Illanes eillanes@ozazch.com THE CONTRACTOR: Haselden Constmction 6950 South Potomac Street Centennial, CO 80112 (303)751-1478 Contact: Byron Haselden bvronhaselden(n haselden.com ADDITIONS AND DELETIONS: The author of this document has addetl information needed for its completion. The author may also have revised the text of the odginal AIA standard farm. An Additions and Deletions Report that notes added information as well as revisions to fhe standard form text is available trom the author antl should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an adomey is encouraged with respect to its completion or modification. THE CONSTRUCTON MANAGER: Rider Levett Bucknall 1621 Eighteenth Street, Suite 255 Denver, CO 80202 Phone: (720)904-1480 Fax: (720)904-1481 Contact: Peter Knowles Peter. knowles~~us.rlb. com THE COMMISSIONING AGENT: Engineering Economics, Inc. 780 Simms Street, Suite 210 Golden, CO 80401 Phone: (303)239-8700 Fax: (303)239-9982 Contact: Jarrell Wenger Jarrell. Weneer~a~eeieneineers.com AIA Document A295" - 2009. Copydght02008 by The American InsOtute of Architects. All dghts reservetl. WARNING This AIA° Document Is protectetl by Inlt' U.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any ponion o/ n, may result in ~ severe civil and criminal penalties, antl will be proseculetl to the maximum extent possible untler the law. This document wasproctuced by AIA software at l 14:22:47 on 03/12/2010 under Order No.1000396152_7 which expires on 04/2712010, antl is not for resale. User NOtes: (1781739831) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 ARCHITECT 4 CONTRACTOR 5 CONCEPTUALIZATION PHASE 6 CRITERIA DESIGN PHASE 7 DETAILED DESIGN PHASE 8 IMPLEMENTATION DOCUMENTS PHASE 9 CONSTRUCTION PHASE 10 CLOSEOUT PHASE 11 INSURANCE AND BONDS 12 MISCELLANEOUS PROVISIONS 13 CLAIMS AND DISPUTES Init AIA Document A295^'-2008. Copydght®2009 DyThe American institute o(Amhitects. All rights re5erv®d.WARNING: This AIA®DOCUment is protected by U.S. Copyright Law antl Intemalional Treaties. Unauthodzed reprotluctlon or tlistdbution of this AIA Document, or any portion of it, may resuk in 2 severe civil antl cdminal penalties, antl will be prosecuted to the maximum extent possible under the law. This document was produced Dy AIA software at ( 14:22:47 on 03/12/2010 under Order No.1000396152_1 which expires on 04/22/2010, antl is not for resale. User NOtes: (1761739831) INDFJ( (Numbers and Topics in Bold aze Section Headings) Acceptance of Nonconforming Work 9.23.6.6, 9.23.8.3, 9.25.3 Acceptance of Work 9.23.6.6, 9.23.8.3, 9.25.3, 10.1.4, 10.2.1, 10.2.3, Access to Work 9.16, 9.20.2.1, 9.25.1 Accident Prevention 9.24 Acts and Omissions 9.2, 9.3.4, 9.12.8, 9.18, 9.22.3.1, 9.23.5.1, 9.24.2.5, 9.24.2.8, 9.26.4.1, 12.3.2, 12.6, 13.2 Additional Costs, Claims for 9.7.4, 9.7.5, 9.20.1.1, 9.21.3.7.5, 9.24.3, 13.1.4 Additional Inspections and Testing 9.23.4.2, 9.25.2.1, 10.1.5, 12.4 Additional Insured 11.1.4 Additional Time, Claims far 9.2.4, 9.7.4, 9.7.5, 9.10.2, 9.22.3.2, 13.1.5 Administration of the Contract, Architect's 9.1.2, 9.23.4, 9.23.5, 9.26 Aesthetic Effect 9.26.4.4 After Substantial Completion (Correction of Work) 9.25.2.2 ABowances 9.8, 9.21.3.8 All-risk Instuance 11.3.1, 11.3.1.1 Applications for Payment 9.21.3.9, 9.23.2, 9.233, 9.23.4, 9.23.5.1, 9.23.6.3, 9.23.7, 10.2, 11.1.3 Approvals 2.1.1, 2.2.4, 4.2.6, 9.1.2, 9.10.2, 9.12.8, 9.12.9, 9.23.3.2, 9.25.2.7, 9.26.5.1, 9.26.5.2, 12.4.1 Arbitration 9.22.3.1, 11.3.10, 13.3.2, 13.4 ARCHITECT 3 Architect, Definition of 3.1.1 Architect, Extent of Authority 3.1, 9.12.7, 9.19.2, 9.20.3, 9.21.1.2, 9.21.3.7, 9.21.4, 9.23.2, 9.23.3.1, 9.23.4, 9.23.5, 9.23.6.3, 9.25.1, 9.25.2.1, 9.25.2.7, 9.26, 10.1, 10.2.1, 10.2.3, 12.4.1, 12.4.2, 13.1.3, 13.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.1.2, 3.2.3, 4.2.6, 9.12.4, 9.12.8, 9.19.2.1, 9.21.4, 9.23.4.2, 9.23.5.3, 9.23.6.4, 9.26.1, 9.26.2, 9.26.4.1, 9.26.4.2, 9.26.4.4, 9.26.5.2, 13.1.3, 13.2 Architect's Additional Services and Expenses 3.2.3, 9.25.2.2.1, 9.25.2.7, 11.3.1.1, 12.4.2, 12.4.3 Architect's Administration of [he Con[rac[ 9.1.2, 9.7.4, 9.23.4, 9.23.5, 9.26, 13.2 Architect's Approvals 9.1.2, 9.5, 9.10.2, 9.25.2.7, 9.26.5.2 Architect's Authority to Reject Work 9.5, 9.25.1.2, 9.25.2.1, 9.26.4.2 Architect's Copyright 1.3.6, 1.5 Architect's Decisions 9.7.4, 9.20.3, 9.21.3.7, 9.21.3.9, 9.22.1.2, 9.22.3.1, 9.23.2, 9.23.4.1, 9.23.5, 9.23.8.1, 9.26.4.2, 9.26.4.3, 9.26.4.4, 9.26.5.2, 9.26.5.4, 10.1.6, 12.4.2, 13.2, 13.3 Architect's General Services 3.2 Architect's Inspections 9.7.4, 9.23.4.2, 9.23.8.2, 9.26.4.1, 10.1.1, 10.1.5, 10.2.1, 12.4 Architect's Instructions 9.2.4, 9.3.1, 9.26.4.2, 9.26.5.2, 12.4.2 Architect's Interpretations 9.26.4.3, 9.26.4.4 Architect's Relationship with Contractor 1.3.9, 1.5, 3.1.2, 3.1.3, 9.1.2, 9.2.2, 9.2.3, 9.2.4, 9.3.1, 9.4.2, 9.5, 9.7.4, 9.7.5, 9.9.2, 9.9.3, 9.10, 9.11, 9.12, 9.16, 9.18, 9.19.2, 9.20.2.2, 9.21, 9.22.3, 9.23.2, 9.23.3, 9.23.4, 9.23.5, 9.23.7, 9.23.8, 9.24.2.6, 9.24.3, 9.25, 9.26, 10.1, 11.3.7, 12.3.2, 12.4, 13.2 Architect's Relationship with Subcontractors 1.3.9, 9.23.6.3, 9.23.6.4, 9.26.4.1, 9.26.4.2, 11.3.7 Architect's Representations 9.23.4.2, 9.23.5.1, 10.2.1 Architect's Site Visits 9.7.4, 9.23.4.2, 9.23.5.1, 9.23.8.2, 9.26.4.1, 10.1.1, 10.2.1, 12.4 Asbestos 9.24.3.1 Attorneys' Fees 9.18.1, 9.24.3.3, 10.2.2 Award of Separate Contracts 9.20.L1, 9.20.1.2 Award of Subcontracts and Other Cmtracts for Portions of [be Work 9.19.2 Basic Definitions 1.3 Before or After Substantial Completion (Correction of Work) 9.25.2.1 Bidding Requirements 11.4.1 Binding Dispute Resolution 9.23.7, 11.3.9, 11.3.10, 13.1, 13.2.5, 13.2.6.1, 13.3.1, 13.3.2, 13.4.1 Boiler and Machinery Insurance 11.3.2 AIA Document A295TM - 2008. Copyright ®2008 by The American Institute of Amhitec45. NI rights resarvetl. WARNING This AIA° Document is proteaetl by Init. U.S. Copyright Law and International Treaties. Unauthorized reprotlutlion or distribution of this AIA® Document, or any portion of tt, may result in 3 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible untler the law. This document was protluced by AIA software at f 14:22:47 on 03/12/2010 untler Order No.1000398152_i which expires on 04/22/2010, and is not For resale. User Notes: (1781739831) Bonds, Lien 9.21.3.7.4, 10.2.2, 10.2.3 Bonds, Performance, and Payment 9.21.3.7.4, 9.23.6.7, 10.2.3, 11.3.9, 11.4 Building Information Model 1.3.5, 1.3.8, 1.4.2, 1.5.1, 1.5.2, 5.5, 7.1, 8.2 Building Permit 9.7.1 Capitalization 1.4.4 Certificate of Substantial Completion 10.1.5, 10.1.6, 10.1.9 Certificates for Payment 9.23.3.3, 9.23.4, 9.23.5, 9.23.6.1, 9.23.6.6, 9.23.7, 10.1.1,10.2.1,10.2.3,13.1.3 Certificates of Inspection, Testing or Approval 12.4.4 Certificates of Insurance 10.2.2., 11.1.3 Change Orders 1.3.8, 9.4.2, 9.7.4, 9.8.2.3, 9.11, 9.12.8, 9.19.2.3, 9.21.1.2, 9.21.1.3, 9.21.2, 9.21.3.2, 9.21.3.6, 9.21.3.9, 9.21.3.10, 9.22.3.1, 9.23.3.1.1, 9.24.3.2, 9.25.1.2, 9.25.2.7, 10.2.3, 11.3.1.2, 11.3.4, 11.3.9, 13.1.3 Change Orders, Definition of 9.21.2.1 CHANGES IN THE WORK 2.2.2, 9.11, 9.21, 9.21.2.1, 9.21.3.1, 9.21.4, 9.22.3.1, 9.23.3.1.1, 11.3.9 Claims, Definition of 13.1.1 CLAIMS AND DISPUTES 9.2.4, 9.20.1.1, 9.20.3, 9.21.3.9, 9.23.3.3, 9.24.3.3, 10.2.4, 13, 13.4 Claims and Timely Assertion of Claims 13.4.1 Claims for Additional Cost 9.2.4, 9.7.4, 9.20.1.1, 9.21.3.9, 9.24.3.2, 13.1.4 Claims for Additional Time 9.2.4, 9.7.4, 9.20.1.1, 9.22.3.2, 9.24.3.2, 13.1.5 Claims for Consequential Damages 13.1.6 Cleaning Up 9.15, 9.20.3 Concealed or Unknown Conditions, Claims for 9.7.4 Claims for Damages 9.2.4, 9.18, 9.20.1.1, 9.22.3.3, 9.23.5.1, 9.23.6.7, 9.24.3.3, 11.1.1, 11.3.5, 11.3.7, 13.1.6 Claims Subject to Arbitration 13.3.1, 13.4.1 CLOSEOUT PHASE 10 Commencement of the Work, Conditions Relatng to 2.2.2,8.6,9.2.2,9.4.1,9.7.1,9.10.1,9.12.6,9.19.2.1, 9.19.2.3, 9.20.2.2, 9.22.2.2, 9.22.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1, 13.1.4 Commencement of the Work, Definition of 8.6 Communications Facilitating Contract Administration 3.22, 9.9.1 Completioq Conditions Relating to 9.4.1, 9.11, 9.15, 9.22.2, 9.23.4.2, 9.23.8.1, 9.26.4.1, 9.25.2,10.1,10.2,12.6 Completion, Substantial 9.22.1.1, 9.22.1.2, 9.22.2.3, 9.23.4.2, 9.23.8.1, 9.25.2, 10.1.1,10.1.2, 10.2.3, 12.6 Compliance with Laws 1.5.2, 3.1.1, 4.2.6, 9.2.3, 9.6, 9.7, 9.13, 9.23.6.4, 9.24.2.2, 11.1, 11.3, 12.3, 12.4.1, 12.4.2, 12.5, 13.2.8, 13.4.2, 13.4.3 Concealed or Unknown Conditions 9.7.4, 9.22.3.1, 9.24.3 CONCEPTUALIZATION PHASE 5 Conditions of the Contract 1.3.8, 9.20.1.1, 9.20.1.4 Consent, Written 3.1.2, 9.4.2, 9.7.4, 9.12.8, 9.14.2, 9.23.3.2, 9.23.8.1, 10.1.9,10.2.2,10.2.3,11.3.1,12.1;12.3.2,13.4.4.2 Consolidation or Joinder 13.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.3.2, 9.20 Construction Change Directive, Definition of 9.21.3.1 Construction Change Directives 1.3.8, 9.4.2, 9.12.8, 9.21.1.1, 9.21.1.2, 9.21.1.3, 9.21.3, 9.23.3.1.1 CONSTRUCTION PHASE 9 Construction Schedules, Contractor's 9.]0, 9.12.1, 9.12.2, 9.20.1.3, 13.1.5.2 Contingent Assignment of Subcontracts 9.19.4 Continuing Contract Performance 13.1.3 Contract, Definition of 1.3.9 Contract Administration 9.1.2, 9.23.4, 9.23.5, 9.26 Conttact Award and Execution, Conditions Relating to 9.7.1, 9.10, 9.19.2, 9.20.], 11.1.3, 11.3.6, 11.4.] Contract Documents, The See Guaranteed Maximum Price Documents, The Contract Sum 9.7.4, 9.8, 9.19.2.3, 9.21.2, 9.21.3, 9.21.4, 9.23.1, 9.23.4.2, 9.23.5.1.4, 9.23.6.7, 9.23.7, 9.24.3.2, 11.3.1, 13.1.4, 13.2.5 Contract Sum, Definition of 9.23.1 Init. AIA Document A296"-2008. Copyright®2008 byThe American Institute of Arohitects. All dghts reserv®d.WARNING: This AlAr'DOCUment is protected by U.S. Copydght Law antl Intemationai Treaties. Unauthodzed reproduction or distdbution of this AIA Document, or any portion of it, may resuh in 4 severe civil and cdminal penalties, antl will be prosecuted to the maximum extent possible under the law. This document wasproauced by AIA software at / 14:22:47 on 03/12/2010 under Order No.1000396162_1 which expires on 04/22/2010, and is not for resale. User Notes: (1781739831) Contract Time 9.7.4, 9.7.5, 9.10.2, 9.19.2.3, 9.21.2.1.3, 9.21.3.1, 9.21.3.5, 9.21.4, 9.22.].1, 9.22.2.1, 9.22.3.1, 9.23.5.1, 9.23.7, 9.24.3.2, 9.25.1.1, 13.1.5.1, 13.2.5 Contract Time, Definition of 9.22.1.1 CONTRACTOR 4 Contractor, Definition of 4.1, 9.20.1.2 Contractor's Construction Schedules 9.10, 9.12.1, 9.12.2, 9.20.1.3, 13.1.5.2 Contractor's Employees 9.3.4, 9.4.3, 9.8.1, 9.9, 9. ] 8.2, 9.24.2, 9.24.3, 9.26.4.1, 9.26.4.2, 11.1.1, 11.3.7 Contractor's Estimates 4.2.3, 4.2.4, 4.2.5 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 9.12.5, 9.14.2, 9.20, 9.25.1.2, 9.25.2.4, 11.3.7 Contractor's Relationship with Subcontractors 1.4.2, 9.3.4, 9.18.1, 9.18.2, 9.19, 9.23.6.2, 9.23.6.7, 10.2.2,11.3.1.2,11.3.7,11.3.8 Contractor's Relationship with the Architect 1.3.9, 1.5, 3.1.3, 9.1.2, 9.2.2, 9.2.3, 9.2.4, 9.3.1, 9.4.2, 9.5, 9.7.4, 9.10, 9.11, 9.12, 9.16, 9.18, 9.19.2, 9.20.2.2, 9.21, 9.22.3.1, 9.23.2, 9.23.3, 9.23.4, 9.23.5, 9.23.7, 9.23.8, 9.24.2.6, 9.24.3, 9.25, 9.26, 10.1, 11.3.7,12.4,13.1.2,13.2.1 Contractor's Representations 9.2.1, 9.2.2, 9.5, 9.12.6, 9.20.2.2, 9.22.2.1, 9.23.3.3, 10.1.4 Contractor's Responsibility for Those Performing the Work 9.3.4, 9.18, 9.19.3, 9.20.1.3, 9.20.2, 9.23.5:1, 9.24.2.8 Contractor's Review of Contract Documents 9.2 Contractor's Right to Stop the Work 9.23.7 Contractor's Right to Terminate [he Contract 13.1.6 Contractor's Submittals 9.10, 9.11, 9.12.4, 9.19.2.1, 9.19.2.3, 9.23.2, 9.23.3, 9.23.8.1, 9.26.5.2, 10.1.4, 10.1.5, 10.2.2, 10.2.3, 11.1.3, 11.4.2 Contractor's Superintendent 9.9, 9.24.2.6 Contractor's Supervision and Construction Procedures 1.4.2, 4.2.6, 9.3, 9.4, 9.20. ] .3, 9.20.2.4, 9.21.1.3, 9.21.3.5, 9.21.3.7, 9.22.2, 9.24, 9.25, 9.26.2, 9.26.4.1, 9.26.5.2, 13.1.3 Contractual Liability Insurance 11.1.1.8, 11.2 Coordination 1.6,9.3.1,9.10,9.12.6,9.20.1.3,9.20.2.1 Copies Furnished of Drawings and Specifications 1.5, 9.11 Copyrights 1.5, 9.17 Correction of Work 9.7.3, 9.23.4.2, 9.23.8.1, 9.25.1.2, 9.25.2, 9.25.2.6, 9.25.2.7, 10.1.4, 10.1.5 Correlation and Intent of the GMP Documents 1.4, 9.2.1 Cost, Definition of 9.21.3.7 Costs 9.2.4, 9.7.3, 9.8.2, 9.15.2, 9.19.4.2, 9.20.1.1, 9.20.2.3, 9.21.3.3.3, 9.21.3.7, 9.21.3.8, 9.21.3.9, 9.24.3.2, 9.24.3.6, 9.25.1.2, 9.25.2.1, 9.25.2.4, 9.25.2.7, 10.2.2, 11.3, 12.4 CRITERIA DESIGN PHASE 6 Cutting and Patching 9.14, 9.20.2.5 Damage to Construction of Owner or Separate Contractors 9.14.2, 9.20.2.4, 9.24.2.1.2, 9.24.2.5, 9.24.4, 9.25.2.4, 11.1.1,11.3 Damage to the Work 9.14.2, 9.23.8.1, 9.24.2.1.2, 9.24.2.5, 9.24.4, 9.25.2.4, 11.3.1 Damages, Claims for 9.2.4, 9.18, 9.20.1.1, 9.22.3.3, 9.23.5.1, 9.23.6.7, 9.24.3.3, 11.1.1, 11.3.5, 11.3.7, 13.1.6 Damages for Delay 9.20.1.1, 9.22.3.3, 9.23.5.1.6, 9.23.7, 9.24.3.2 Date of Commencement of the Work 8.6 Date of Substantial Completion, Definition of 9.22.1.2 Day, Definition of 9.22.13 Decisions of the Architect 9.7.4, 9.20.3, 9.21.3.7, 9.21.3.9, 9.22.1.2, 9.22.3.1, 9.23.2, 9.23.4, 9.23.5.1, 9.23.8.1, 9.26.4.2, 9.26.4.3, 9.26.4.4, 9.26.5.2, 10.1.6, 12.4.2, 13.1, 13.2 Decisions to Withhold Certification 9.23.4.1, 9.23.5, 9.23.7 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 9.5, 9.20.2.5, 9.23.5.1, 9.23.5.2, 9.23.6.6, 9.23.8.3, 9.25.2.1, 9.25.2.6, 9.25.2.7, 9.26.4.2, 10.1.4, 10.2.4 Defective Work, Definition of 9.5 Definitions 1.3,2.1.1,3.1.1,4.1.1,9.5,9.12.1,9.12.2,9.12.3, 9.19.1, 9.20.1.2, 9.21.2.1, 9.21.3.1, 9.22.1, 9.23.1, 10.1.2, 13.1.1, Delays and Extensions of Time 9.2, 9.7.4, 9.19.2.3, 9.21.2.1, 9.21.3.1, 9.21.4, 9.22.3, 9.23.5.1, 9.23.7, 9.24.3.2, 9.24.4, 13.1.5, 13.2.5 Init. AIA Document A295i°-2008.Copyright®2000 byThe Amedcan Institute of Architects. All rights reserved.WARNING: This AIA®DocumeM is protected by U.S. Copydght Law antl International Treaties. Unauthorized reproduction or distdbution of this AIA Document, or any portion of It, may resuh in severe civil antl criminal penalties, and will be prosecutetl to the maximum extent possible untler the Iaw.This document was produced by AIA software at 1 14:22:47 on 03/12/2010 under Order No.1000395152_1 which ezpiras on 04/22/2010, and is not for resale. User Notes: (1701739831) DETAILED DESIGN PHASE 7 Disputes 9.20.3, 9.21.3.9, 13.1, 13.2 Documents and Samples at the Si[e 9.11 Drawings, Definition of 1.3.3 Drawings and Specifications, Use and Ownership of 9.11 Effective Dale of Insurance 9.22.2.2, 11.1.2 Emergencies 9.24.4, 13.1.4 Employees, Contractor's 9.3.4, 9.4.3, 9.8.1, 9.9, 9.18.2, 9.24.2, 9.24.3.3, 9.26.4.1, 9.26.4.2, 11.1.1, 11.3.7 Equipment, Labor, Materials or 1.3.1, 1.3.4, 9.4, 9.5, 9.8.2, 9.8.3, 9.12, 9.13, 9.15.1, 9.19.2.1, 9.20.2.1, 9.21.3.7, 9.23.3.2, 9.23.3.3, 9.23.5.1.3, 9.24.2.1, 9.24.2.4, 9.26.4.2, 9.26.5.2, 10.2.2 Evaluations of the Work 9.26.4 Execution and Progress of the Work 1.3.1, 1.4.1, 1.4.2, 2.2.5, 4.1, 9.3.1, 9.4.1, 9.5, 9.7.1, 9.10.1, 9.12, 9.14, 9.20.2.2, 9.21.1.3, 9.21.3.5, 9.22.2, 9.23.5.1, 9.23.8.1, 9.24.2, 9.24.3, 9.25.2, 9.26, 13.1.3 Extensions of Time 9.2.4, 9.7.4, 9.19.2.3, 9.21.2.1, 9.21.3, 9.21.4, 9.23.5.1, 9.23.7, 9.24.3.2, 9.24.4, 13.1.5, 13.2.5 Failure of Payment 9.23.5.1.3, 9.23.7, 10.2.2, 12.5 Faulty Work (See Defective or Nonwnforming Work) Final Completion and Final Payment 9.25.3, 9.26.1, 10.1.1, 10.].4, 10.2, 11.1.2, 11.1.3, 11.3.1, 11.3.5 Financial Arrangements, Owner's 2.2.2, 12.1.2 Fire and Extended Coverage Insurance 11.3.].1 General Consultation Responsibilities (of Contmc[or) 4.2 GENERAL PROVISIONS 1 Guaranteed Maximum Price, The 1.3.7 Guaranteed Maximum Price Documents, The 1.3.8, 1.4, 9.19.3 Guarantees (See Warranty) Hazardous Materials 9.24.2.4, 9.243 Identification of Subcontractors and Suppliers 9.19.2.1 Implementation Documents, The 1.3.10 IMPLEMENTATION DOCUMENTS PHASE 8 Indemnification 9.17, 9.18, 9.24.3, 9.24.3.5, 9.24.3.6, 10.2.2, 11.3.1.2, 11.3.7 Information and Services Required of the Owner 2.1.5, 2.2, 4.2.6, 9.2.2, 9.12.4, 9.20.1.3, 9.20.1.4, 9.20.2.5, 9.23.6.1, 9.23.6.4, 9.23.8.2, 9.24.3.3, 10.2.3, 11.2, 11.4,12.4.1, 12.4.2, 13.1.3 Initial Decision 13.2 Initial Decision Maker, Definition of 1.3.12 Initial Decision Maker, Decisions 13.2.1,13.2.2,13.2.3,13.2.4,13.2.5 Initial Decision Maker, Extent of Authority 13.1.3,13.2.1,13.2.2,73.2.3,13.2.4,13.2.5 Initial Information 1.2 Injury or Damage to Person or Property 9.24.2.8, 9.24.4 Inspections 9.1.2, 9.3.5, 9.7.1, 9.23.4.2, 9.23.8.2, 9.25.2.1, 9.26.4.1, 9.26.4.2, 10.1.1, 10.1.5, 10.2.1, 12.4 Instructions to the Contractor 9.2.4, 9.3.1, 9.8.1, 9.19.2.1, 9.21, 9.22.2.2, 9.25, 12.4.2 Instruments o[ Service, Definition of 1.3.6 Insurance 9.8.4, 9.18.1, 9.20.1.1, 9.21.3.7, 9.23.3.2, 9.23.8.1, 10.2.2, 11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 9.22.2.2, 11.1.2 Insurance, Loss of Use 11.3.3 Insurance, Owner's Liability 11.2 Insurance, Property 9.24.2.5, 11.3 Insurance, Stored Materials 9.23.3.2, 11.4.1.4 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.23.8.1, 11.4.1.5 Insurance Companies, Settlement with 11.4.10 Integrated Project Delivery 1.3.13 AIA Document A295TM - 2008. Copyright ®2008 byThe American Institute o(Amhitects. All dgMS reserved. WARNING: This AIA"' Document is protected Dy Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or tlisldbution of this AIA® Document, or any portion of it, may result in s severe civil and criminal penaaies, antl will be prosecuted to the maximum extent possible under the Iaw.This document was producetl by AIA software al / 14:22:47 on 03/17/2010 under Order No.1000396152_1 which expires on 04/22/2010, and is not For resale. User Notes: (1781739831) Intent of the Contract Documents 1.4.1, 9.21.4, 9.26.5.2, 9.26.4.4 Interest 12.5 Interpretation 1.4.3, 1.4.5, 3.1.1, 9.19.1, 9.20.1.2, 13.1.1 Interpretations, Written 9.26.4.3, 9.26.4.4, 13.1.4 Judgment on Final Awazd 13.4.2 Labor and Materials, Equipment 1.3.1, 1.3.4, 9.1.2, 9.4, 9.5, 9.8.3, 9.12, 9.15.1, 9.19.2.1, 9.20.2.1, 9.21.3.7, 9.23.3.2, 9.23.3.3, 9.23.5.1.3, 9.24.2.1, 9.24.2.4, 9.26.4.2, 9.26.5.2, 10.1.4, 10.2.2 Labor Disputes 9.22.3.1 Laws and Regulations 1.5, 3.1.1, 3.2.4, 3.2.5, 4.2.1, 4.2.2, 4.2.6, 9.2.3, 9.6, 9.7, 9.13, 9.23.6.4, 9.23.8.1, 9.24.2.2, 11.1.1, 11.3, 12.3,12.4.1,12.4.2,12.5,13.2.8,13.4 Liens 2.1.5, 9.23.3.3, 10.2.2, 10.2.4, 13.2.8 Limitations, Statutes of 9.25.2.5, 12.6, 13.4.1.1 Limitations of Liability 4.2.6, 9.2.2, 9.5, 9.17, 9.18.1, 9.20.2.2, 9.23.4.2, 9.23.6.4, 9.23.6.7, 9.24.2.5, 9.24.3.3, 9.25.2.5, 9.25.2.6, 9.26.4.2, 9.26.4.4, 9.26.5.2, 11.1.2, 11.2, 11.3.7, 12.3.2 Limitations of Time 2.1.5, 2.2, 9.2.2, 9.10, 9.11, 9.12.5, 9.15.1, 9.19.2, 9.19.3, 9.19.4.1, 9.20.2.4, 9.21.3, 9.21.4, 9.22.2, 9.23.2, 9.23.3.1, 9.23.3.3, 9.23.4.1, 9.23.5, 9.23.6, 9.23.7, 9.23.8, 9.25.2, 9.25.2.7, 9.26.5.2, 10.1, 10.2, 11.1.3,11.3.1.5,11.3.6,11.3.10,12.4,12.6 Loss of Use Insurance 11.3.3 Material Suppliers 1.5, 9.12.1, 9.19.2.1, 9.23.3, 9.23.4.2, 9.23.6, 9.26.4.2, 10.2.5 Materials, Hazardous 9.24.2.4, 9.24.3 Materials, Labor, Equipment and 1.3.1, 1.3.4, 1.5, 9.4.1, 9.5, 9.8.3, 9.12, 9.13, 9.15.1, 9.19.2.1, 9.20.2.1, 9.21.3.7, 9.23.3.2, 9.23.3.3, 9.23.5.1.3, 9.24.2.1.2, 9.24.2.4, 9.26.4.2, 9.26.5.2, 10.1.4, ]0.2.2 Means, Methods, Techniques, Sequences and Procedures of Construction 4.2.6, 9.3.1, 9.23.4.2, 9.26.2, 9.26.5.2, Mechanic's Lien 2.1.5, 13.2.8 Mediation 9.22.3.1, 9.24.3.5, 9.24.3.6, 13.2.1, 13.2.5, 13.2.6, 13.3, 13.4.1 Minor Changes in the Work 1.3.8,9.12.8,9.21.1,9.21.4 MISCELLANEOUS PROVISIONS 12 Modifications, Definition of 1.3.8 Modifications to the Contract 1.3.8, 1.3.9, 3.1.2, 9.11, 9.19.2.3, 9.21, 9.22.3.1, 9.23.7, 9.24.3.2, 9.26.1, 11.3.1 Mutual Responsibility 9.20.2 Nonconforming Wark, Acceptance of 9.23.6.6, 9.23.8.3, 9.25.3 Nonconforming Work, Rejection and Correction of 9.5, 9.20.2.4, 9.23.5.1, 9.23.8.3, 9.25.2.1, 9.25.2.6, 9.25.2.7, 9.26.4.2, 10.1.4, 10.2.4 Notice 2.2.2, 9.2.4, 9.3.1, 9.7.2, 9.12.9, 9.19.2.1, 9.23.7, 9.24.2.2, 9.25.2.2.1, 9.25.2.6, 9.25.2.7, 10.2, 11.1.3, 11.4.6,12.2,]2.4.1,]2.4.2,13.2.8,13.4.1 Notice, Written 4.2.6, 9.3.1, 9.9.2, 9.12.9, 9.19.2.1, 9.23.7, 9.24.2.2, 9.24.3, 9.25.2.2.1, 9.25.2.6, 9.25.2.7, 10.2, 11.1.3, 11.3.6,12.2, 13.2.8, 13.4.1 Notice of Claims 9.7.4, 9.24.2.8, 13.1.2, 13.4 Notice of Testing and Inspections 12.4.1, 12.4.2 Observations, Contractor's 9.2, 9.7.4 Occupancy 2.2.4, 9.23.6.6, 10.1, 11.3.1.5 Orders, Written 1.3.8, 7, 9.9.2, 9.22.2.2, 9.25.1, 9.25.2.2.1, 9.25.2.6, 11.3.9, 12.4.2 OWNER 2 Owner, Definition of 2.1.1 Owner, Information and Services Required of the 2.1.5, 2.2, 4.2.6, 9.2.2, 9.20.1.3, 9.20.1.4, 9.20.2.5, 9.23.3.2, 9.23.6.1, 9.23.6.4, 9.23.8.2, 9.24.3.3, 10.2.3, 11.2,11.3,12.4.1,12.4.2,13.1.3 Owner's Authority 1.5,2.1.1,3.1.2,3.1.3,4.2.6,9.4.2,9.8.1,9.14.2, 9.19.2.1, 9.19.2.4, 9.19.4, 9.20.1, 9.20.3, 9.21.2.1, 9.21.3.1, 9.22.2.2, 9.22.3.1, 9.23.3.1, 9.23.3.2, 9.23.5.1, 9.23.6.4, 9.23.8.1, 9.24.3.2, 9.25.2.2, 9.25.2.6, 9.25.2.7, 9.25.3, 10.1.1, 10.2.2, 11.1.3, 11.3.3,11.3.10,12.1.2,13.2.7 Owner's Budget for [he Work 1.3.11 Owner's Financial Capability 2.2.2, 12.1.2 Owner's Liability Insurance 11.2 Inlt. AIA Document A295^' -2008. Copyrght®2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U. S. Copyright Law and International Treaties. Unauthorized reprotluclion or distdbMion of this AIA Document, or any portion or it, may resuh in severe civil antl criminal penalties, antl will be prosecutetl to the maximum extent possible under the law. This document wasyroduced by AIA sooware at / 14:22:47 on 03/12/2010 untler Order No.1000395152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) Owner's Loss of Use Insurance 11.3.3 Owner's Relationship with Subcontractors 1.3.9, 9.19.2, 9.19.3, 9.19.4, 9.23.6.4, 10.2.2 Owner's Right to Carry Out the Work 9.25.2.7 Owner's Right to Clean Up 9.203 Owner's Right to Perform Construction and to Award Separate Contracts 9.20.1 Owner's Right [o Stop the Work 9.25.2.6 Partial Occupancy or Use 9.23.6.6, 9.23.8, 11.3.1.5 Patching, Cutting and 9.14, 9.20.2.5 Patents 9.17 Payment, Applications for 9.21.3.7, 9.23.2, 9.23.3, 9.23.4, 9.23.5, 9.23.6.3, 9.23.7, 10.1.9, 10.2.1 Payment, Certificates for 9.23.3.3, 9.23.4, 9.23.5, 9.23.6.1, 9.23.6.6, 9.23.7, 10.1.1,10.2.1,10.2.3,12.6 Payment, Failure of 9.23.5.1.3, 9.23.7, 10.2.2, 12.5 Payment, Final 9.25.3, 9.26.1, 10.1.1, 10.1.4, 10.2, 11.1.2, 11.1.3, 11.4.1, 11.4.5, 12.6 Payment Bond, Performance Bond and 9.21.3.7.4, 9.23.6.7, 10.2.3, 11.4, 11.4.9 PAYMENTS 9.23 Payments, Progress 9.23.3, 9.23.6, 10.1.9, 10.2.3, 12.5, 13.1.3 Payments to Subcontractors 9.19.4.2, 9.23.5.1.3, 9.23.6.2, 9.23.6.3, 9.23.6.4, 9.23.6.7, 11.4.8 PCB 9.24.3.1 Performance Bond and Payment Bond 9.21.3.7.4, 9.23.6.7, 10.2.3, 11.4.9, 11.4 Permits, Fees, Notices and Compliance with Laws 2.2.2, 3.13, 9.7, 9.21.3.7.4, 9.24.2.2 PERSONS AND PROPERTY, PROTECTION OF 9.14 Polychlorinated Biphenyl 9.24.3.1 Product Data, Definition of 9.12.2 Product Da[a and Samples, Shop Drawings 9.11, 9.12, 9.26.5.2 Progress and Completion 9.22.2, 9.23.8.1, 9.26.4.1, 10.1, 13.1.3 Progress Payments 9.23.3, 9.23.6,10.1.9, 10.2.3, 12.5, ]3.1.3 Project, Definition of the 1.3.2 Project Completion 10.1 Property Insurance 9.24.2.5, 11.3 PROTECTION OF PERSONS AND PROPERTY 9.24 Purpose 1.1 Regulations and Laws 1.5,3.1.1,4.2.6,9.1.2,9.2.3,9.6,9.7,9.23.6.4, 9.23.8.1, 9.24.2.2, 11.1, 11.4, 12.3, 12.4.1, 12.4.2, 12.5, 13.2.8, 13.4 Rejection of Work 9.5, 9.25.2.1, 9.26.4.2 Releases and Waivers of Liens 10.2.2 Representations 9.2.1, 9.5, 9.12.6, 9.20.2.2, 9.22.2.1, 9.23.3.3, 9.23.4.2, 9.23.5.1, 10.1.4, 10.2.1 Representatives 2.1.1, 3.1.1, 4.1.1, 9.9, 9.19.1.1, 9.19.1.2, 9.26.1, 9.26.2, 9.26.4.1, 12.1.1 Responsibility for Those Perforating the Work 9.3.4, 9.18, 9.19.3, 9.20.1.3, 9.20.2, 9.20.3, 9.23.5.1, 9.24, 9.26.4.1 Retainage 9.23.3.1, 9.23.6.2, 9.23.8.1, 10.1.9, 10.2.2, 10.2.3 Review of GMP Documents and Field Conditions by Contractor 9.2, 9.12.7, 9.20.1.3 Review of Contractor's Submittals by Owner and Architect 9.10.1, 9.10.2, 9.11, 9.12, 9.19.2, 9.20.1.3, 9.23.2, 9.26, 10.1.4 Review of Shop Drawings, Product Data and Samples by Contractor 9.12 Rights and Remedies 1.9.9, 8.3, 9.5, 9.7.4, 9.15.2, 9.19.3, 9.19.4, 9.20.1, 9.20.3, 9.21.3.1, 9.23.5.1, 9.23.7, 9.24.2.5, 9.24.3, 9.25.2.2, 9.25.2.4, 9.25.2.6, 9.25.2.7, 9.26.4.2, 12.3, 13.4 Royalties, Patents and Copyrights 9.17 Rules and Notices for Arbitration 13.4.1 Safety of Persons and Property 9.24.2, 9.24.4 Safety Precautions and Programs 9.3.1, 9.19.3, 9.24.1, 9.24.2, 9.24.4, 9.26.2, 9.26.5.2 Samples, Definition of 9.12.3 Samples, Shop Drawings, Product Data and 9.11, 9.12, 9.26.5.2 Init. AIA Document A295*' -2008. Copyright©2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International TreMies. Unauthorizetl reprotluction or distribution of this AIA® Document, or any portion of it, may resuk in 8 severe civil and criminal penakies, and will be prosecutetl to the maximum extent possible antler the law. This document was produced by AIA software at / 14:22:47 on 03/12/2010 under Order No.1000396152_i which expires on 04/22/2010, and is not for resale. User Notes: (1781739831) Samples at the Site, Documents and 9.11 Schedule of Values 9.23.2, 9.23.3.1 Schedules, Construction 9.10, 9.12.1, 9.12.2, 9.20.1.3, 13.1.5.2 Separate Contracts and Contractors 1.3.2, 6, 9.12.5, 9.14.2, 9.22.3.1, 9.25.1.2, 9.26.5.2, 11.4.7 Shop Drawings, Definition of 9.12.1 Shop Drawings, Product Data and Samples 9.11, 9.12, 9.26.5.2 Site, Use of 9.13, 9.20.1.1, 9.20.2.1 Site Inspections 9.2.2, 9.3.5, 9.7.1, 9.7.4, 9.23.4.2, 9.26, 10.2.1, 12.4 Site Visits, Architect's 9.7.4, 9.23.4.2, 9.23.5.1, 9.23.8.2, 9.26.4.1, 10.1.1, 10.2.1, 12.4 Software and Data Exchange Protocols 1.5.2 Special Inspections and Testing 9.25.2.1, 9.26.4.2, 12.4 Specifications, Definition of the 1.3.4 Specifications, The 1.3.4, 1.3.8, 1.4.2, 1.5, 4.2.6, 9.11, 9.17, 9.26.5.4 Statute of Limitations 12.6, 13.4.1.1 Stopping the Work 9.23.7, 9.24.3, 9.25.2.6 Stored Materials 9.20.2.1, 9.23.3.2, 9.24.2.1.2, 9.24.2.4, 11.4.1.4 Subcontractor, Definition of 9.19.1.1 SUBCONTRACTORS 9.19 Subcontractors, Work by 1.4.2, 9.3.4, 9.12.1, 9.19.2.3, 9.19.3, 9.19.4, 9.23.3.1.2, 9.23.6.7, 9.26.4.1 Subcon[ractual Relations 9.19.3, 9.19.4, 9.23.3.1.2, 9.23.6, 9.24.2.1, 10.2, 11.4.7, 11.4.8 Submittals 9.10, 9.11, 9.12, 9.19.2.1, 9.19.2.3, 9.21.3.7, 9.23.2, 9.23.3, 9.23.8.1, 9.26.5, 10.1, 10.2.2, 10.2.3, 11.1.3 Submittal Schedule 9.10.2, 9.12.5, 9.26.5.2 Subrogation, Waivers of 9.20.1.1, 11.3.7, 11.4.5 Substantial Completion 9.22.1.1, 9.22.1.2, 9.22.2.3, 9.23.4.2, 9.23.8.1, 9.25.2, 10.1, 10.2.3, 12.6 Substantial Completion, Definition of 10.1.2 Substitution of Subcontractors 9.19.2.3, 9.19.2.4 Substitution of Architect 3.1.3 Substitutions of Materials 9.4.2, 9.5, 9.21.3.8 Sub-subcontractor, Definition of 9.19.1.2 Subsurface Conditions 9.7.4 Successors and Assigns 12.1 Superintendent 9.9, 9.24.2.6 Supervision aad Construction Procedtves 1.4.2, 4.2.6, 9.3, 9.4, 9.20.1.3, 9.20.2.4, 9.21.1.3, 9.21.3.7, 9.22.2, 9.22.3.1, 9.23.4.2, 9.24, 9.25, 9.26.2 9.26.5.2, 13.1.3 Surety 9.19.4.1.2, 10.1.9, 10.2.2, 10.2.3, 13.2.7 Surety, Consent of 10.2.2, 10.2.3 Surveys 2.2.5 Suspension of the Work 9.19.4.2 Suspension or Termination of the Contract 9.19.4.1.1, 11.4.9 Taxes 9.6, 9.21.3.7.4, 10.1.4.1 Termination, Owner-Contractor 9.19.4.1.1, 13.1.6 Termination of the Architect 3.1.3 Tests and Inspections 9.1.2, 9.3.5, 9.23.4.2, 9.23.8.2, 9.24.3.2, 9.25.2.1, 9.26.4.1, 9.26.4.2, 10.1.1, 10.1.5, 10.2.1, 11.4.1.1, 12.4 9.22 Time, Delays and Extensions of 7.2.1, 9.2.4, 9.7.4, 9.19.2.3, 9.21.3.1, 9.21.4, 9.22.3, 9.23.5.1, 9.23.7, 9.24.3.2, 9.24.4, 13.1.5, 13.2.5 Time Limi[s 2.1.5,2.2,9.2.2,9.10,9.11,9.12.5,9.15.1,9.19.2, 9.19.3, 9.19.4, 9.20.2.4, 9.21.3, 9.21.4, 9.22.2, 9.23.2, 9.23.3.1, 9.23.3.3, 9.23.4.1, 9.23.5, 9.23.6, 9.23.7, 9.23.8, 9.25.2, 9.26, 10.1, 10.2, 11.1.3, 11.4.1.5, 11.4.6,11.4.10,12.4,12.6,13.1.2,13.4 Time Limits on Claims 9.7.4, 9.24.2.8, 12.6, 13.1.2 Title to Work 9.23.3.2, 9.23.3.3 Transmission of Da[a in Digital Form 1.5.2 UNCOVERING AND CORRECTION OF WORK 9.25 AIA Document A295^' - 4008. Copyright ®2008 byThe American InsOtNe of Architects. All rights reserved. WARNING: This AIA® Document is protectetl by Init. U. S. Copydght Law and International Treaties. Unauthorized reproduction or tlistdbution of this AIA® Document, or any portion of it, may resuk in severe civil and criminal penakies, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at ) 14:22:47 on 03/12/2010 untler Order No.1000396152_t which expires on 04/22/2010, antl is not for resale. User Notes: (1781739831) Uncovering of Work Waiver of Liens 9.25.1 10.2.2, 10.2.4 Unforeseen Conditions, Concealed or Unlmown Waivers of Subrogation 9.7.4, 9.22.3.1, 9.24.3 9.20.1.1, 11.4.5, 11.3.7 Unit Prices Warranty 9.21.3.3.2, 9.21.3.4 9.5, 9.23.3.3, 9.23.8.1, 9.25.2.2, 10.1.1, 10.1.6, 10.2.4, Use of Drawings, Specifications and Other 12.6.1 Instruments of Service Weather Delays 1.3.4, 1.3.6, 1.3.8, 1.5, 9.2.2, 9.11, 9.17, 9.19.3, 13.1.5.2 9.26.4.4 Work, Definition of Use of Site 1.3.1 9.1.3, 9.20.1.1, 9.20.2.1 Written Consent Values, SchedWe of 1.5, 3.1.2, 9.4.2, 9.7.4, 9.12.8, 9.14.2, 9.23.3.2, 9.23.2, 9.23.3.1 9.23.8.1, 10.1.9, 10.2.2, 10.2.3, 11.4.1, 12.1, 12.3.2, Waiver of Claims by the Architect 13.4.4.2 12.3.2 Written Interpretations Waiver of Claims by the Contractor 9.26.4.3, 9.26.4.4 10.2.5, 11.4.7, 12.3.2, 13.1.6 Written Notice Waiver of Claims by the Owner 4.2.6, 9.3.1, 9.9, 9.12.9, 9.19.2.1, 9.22.2.2, 9.23.7, 9.23.8.3, 9.25.2.2.1, 10.2.3, 10.2.4, 11.4.3, 11.4.5, 9.24.2.2, 9.24.3, 9.25.2.2, 9.25.2.4, 9.25.2.6, 9.25.2.7, 11.4.7,12.3.2,13.1.6 10.2,11.1.3,11.4.6,12.2,13.4.1 Waiver of Consequential Damages Written Orders 13.1.6 1.3.8, 9.9, 9.21, 9.22.2.2, 9.25.1, 9.25.2, 9.25.2.6, 11.4.9, 12.4.2, 13.1.2 AIA Document A295TM - 2008. Copyright ®2008 byThe American Institute of Architects. All dgMS reserved. WARNING: This AIA® Document is protected by Init. U.S. Copyright Law antl International Treaties. Unauthodzed reproduction or tlistdbution of this AIA® Document, or any portion of it, may result in ~~ severe civil antl criminal penalties, antl will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at f 14:22:47 on 03/72/2010 under Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) ARTICLE 1 GENERAL PROVISIONS § 1.1 PURPOSE The Owner, Architect and Contractor have agreed to plan, design, and construct the Project in a collaborative environment following [he principles of Integrated Project Delivery and to utilize Building Information Modeling [o maximize the use of their knowledge, skills, and services for the benefit of the Project. The Architect and Contractor will deliver [he Project m [he following phases, which may overlap: Conceptualization, Criteria Design, Detailed Design, Implementation Documents, Construction and Closeout. § 1.21NITIAL INFORMATION The Owner, Architect and Contractor may rely on the Initial Information. Each, however, recognizes [hat such information may materially change and, in that event, the parties shall agree upon appropriate adjustments to the Architect's and Conhactor's services and compensation, and the schedule. The Initial Information is as follows: § 1.2.1 The Owner's program for the Project: Burlingame Ranch Phase II: Planning, design and development for the City of Aspen's Burlingame Ranch Phase II affordable housing development, including a new affordable housing facility similar to Burlingame Ranch Phase I, including new construction of roads, infrastructure and 161 additional multifamily units plus platting for 6 single family lots. § 1.2.2 The Project's physical characteristics: (Paragraph deleted) Burlingame Ranch is the City of Aspen's premier family-style affordable housing development set on 32 acres of hillside on Harmony Road in Aspen, CO. Plans for Burlingame Ranch entail a total of 258 deed-restricted affordable housing units including 245 multifamily units plus 13 single family lots. Phase I has been substantially completed and consists of 84 multifamily units and 7 single family lots. Phase II is currently in planning and will be developed as 161 additional multifamily units plus 6 additional single family lots. § 1.2.3 The Owner's Budget for the (Paragraphs deleted) Integrated Project Delivery design efforts is $4,300,000 for the Conceptualization, Criteria Design, Detailed Design and Implementation Documents phases only; not for Construction and Closeout phases. The budget for Construction and Closeout phases will be established based on the GMP Bid that is expected to be developed and delivered by the Contractor at Risk with the help of the IPD team as described herein. § 1.2.4 The Owner's anticipated design and construction schedule: .1 Design phase milestone dates: Begin Pre-Construction: January 25, 2010 Conceptualization Phase: Initial meeting March 25, 2010 Criteria Design Phase: TBD Detailed Design Phase: Completed July 23, 2010 GMP Bid Due: August 6, 2010 Implementation Phase: Requires future City Council approval and future Addendum Due date for public funding ballot question approval by Aspen City Council: August 3Q 2010 Public ballot question on bond funding: November 2, 2010 .2 Commencement of construction: Horizontal: TBD Vertical: TBD Substantial Completion date or milestone dates: AIA Document A295"' -2008. Copyngh[ ®2008 byThe American Institute of Architects. All rights resaned. WARNING: This AIA® Document is protected by Init. U.S. Copyright Law and Inlemational Treaties. Unauthodzetl reprotluction or tlistdbution of this AIAo Document, or any portion of it, may resuk in 11 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at / 14:22:47 on 03/12/2010 under Ober No.1000396152_1 which expires on 04/22/2010, and is not for resale. User NOtas: 0781739831) TBD .4 Other: Final Completion TBD § 1.2.5 The Owner's requirements for accelerated or fast-track scheduling, or phased construction are set forth below: (Paragraph deleted) The Owner anticipates that the Project will be constructed in 4 different phases of approximately 40 units per phase. However the Project phasing is subject to further development during the Preconsttvction Phase and could be revised at a later date. § 1.2.6 Other Project information: Aspen Fire Protection District Aspen - Pitkin Efficient Building Program Department of Energy Building America Standards (most current version ) Pitkin County Drainage and Erosion Control Plan Aspen Engineering Department Construction Management Plan § 1.2.7 The Owner identifies the following representative in accordance with Section 2.1.1: Project Manager: Chris Everson City of Aspen 130 South Galena Street Aspen, Colorado § 1.2.8 The persons or entities, m addition to the Owner's representative, who are required to review submittals to the Owner are as follows: Construction Manager: Peter Knowles Rider Levett Bucknall 1621 Eighteenth Street, Suite 255 Denver, CO 80202 Phone:720-904-1480 Fax: 720-904-1481 peter. knowles(a~us.rlb.com § 1.2.9 The Owner will retain the following consultants and Contractors: (Paragraph deleted) .1 Geotechnical Engineer: CTL~Thompson, Inc. 1971 West 12th Avenue Denver, Colorado 80204 Phone: (303)825-0777 Fax: (303)825-4252 Contact: John Mechling AIA Document A295"" - 2008. Copyright ®2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protectetl by Init' U.S. Copyright Law and International Treaties. Unauthorized reproduction or tlistribution of this AIA® Document, or any ponion of it, may result in 12 severe civil and criminal penalties, antl will be prosecuted to the maximum extent possible under the Iaw.This document was produced by AIA software at / 14:22:47 on 03/12/2010 untler Order No.1000396152_7 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) .2 Other, if any: Commissioning Agent Engineering Economics, Inc. 780 Simms Street, Suite 210 Golden, CO 80401 Phone: (303)239-8700 Fax: (303)239-9982 Contact: Jarrell Wenger Jarrell. Weneer~a eeieneineers.com .3 Other Material Testing Fimt TBD .4 Other: Entitlements Consultant TBD § 1.2.10 The Architect identifies the following representative in accordance with Section 3.1.1: Eduardo Illanes ei Ilanes(a~ozarch.com OZ Architecture 1805 29`" Street, Suite 2054 Boulder, CO 80301 Phone: (303)449-8900 Fax: (303)449-3886 § 1.2.11 The Architect will retain the following consultants: (Paragraph deleted) .1 Structtual Engineer: Monroe & Newell Engineers, Inc. 619 Main Street, Suite 7 Frisco, Colorado 80443 970-668-3776 Contact: Peter Monroe, Partner PMon roe@monrce-newel 1. com .2 Mechanical Engineer: ABS Consultants, Inc. 1530 16th Street, Suite 400 Denver, Colorado 80202 303-623-6200 Contact: Marc Able, P.E., Partner mable@absconsultants. com .3 Electrical Engineer: ABS Consultants, Inc. AIA Document A298"' - 2008. Copyright ®2008 by The Amedcan Institute of Architects. All dghts reserved. WARNING: This AIA® Document Is protectetl Dy toll' U. S. Copydght Law antl Intematlonal TraMlas. Unauthodzetl reprotluction or tlistribution of this AIA® Document, or any portion of it, may result In 13 severe civil and criminal penalties, antl will be prosecuted to the maximum extent pouible under the Iaw.This document was produced by AIA software at / 74:22:47 on 03/12r2010 under Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User Notas: (1781739831) 1530 16th Street, Suite 400 Denver, Colorado 80202 303-623-6200 Contact: Marc Able, P.E., Partner mable@absconsultants. com .4 Other: Civil Engineer Alpine Engineering, Inc. 34510 Highway 6, Unit A9 Edwards, Colorado 81632 970-926-3373 Contact: Kent Kriehn, PE-LS, Principal kriehn@alpinecivil.cnm .5 Other: Land Planner Design Workshop 120 Main Street Aspen, Colorado 8161 ] 970-925-8354 Contact: Richard Shaw, FASLA, Principal rshaw@designworkshop. com .6 Other: Landscape Architect Mt. Daly Enterprises, LLC 100 North Third Street, #102 Cazbondale, Colorado 81623 970-963-9896 Contact: JDlia Marshall, ASLA, Principal mtdaly@sopris.net .7 Other: Acoustics Consultant D.L. Adams Associates, Inc. 1701 Boulder Street Denver, Colorado 80211 303-455-1900 Contact: Jeff Kwolkoski, P.E., Principal JKwolkoski@dlaa.com .8 Other: Waterproofing Consultant Professional Investigative Engineers 6275 Joyce Drive, Suite 200 Arvada, Colorado 80403-7541 303-552-0177 Contact: Eric Amhaus, Department Manager eemhaus@callpie.com .9 Other: Planning Facilitator. AIA Document A295^'-2008. Copyright©2008 byThe American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protectetl by Inst. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distdbution of this AIA® Document, or any portion of it, may result in 14 severe civil antl criminal penalties, antl will be proseculetl to the maximum extent possible antler the Iaw.This document wasprnduced by AlA Software at / 14:22:47 on 03/12/2010 under Order No.1000396152_7 which expires on 04/22/2010, and is not for resale. User Notes: (1761739831) Vann Associates 230 Eas[ Hopkins Avenue Aspen, Colorado 81611 970-925-6958 Contact: Sunny Vann, Principal vannassociates@comcast.net § 7.2.72 The Contractor identifies the following representative in accordance with Section 4.1.1: Haselden Construction 6950 South Potomac Street Centennial, CO 80112 (303)751-1478 Contact: Byron Haselden byronhaselden(a~haselden.com § 1.2.73 The Contractor will retain the following consultants and Subcontractors to assist the Contractor in its performance of the Pre-GMP Services: TBD § 7.2.740therhtitialInformation: TBD § 7.3 BASIC DEFINITIONS § 7.3.7 THE WORK The term "Work" means the construction and services required of the Contractor by the Guaranteed Maximum Price Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. § 7.3.2 THE PROJECT The Project consists of the whole of the Architect's Services and the Work as that term is defined in Section 1.3.1 above by all of the Owner's Separate Contractors as that term is defined in Section 9.20, and [he professional services related thereto. § 7.3.3 THE DRAWINGS The Drawings are the graphic and pictorial portions of the criteria design, detailed design, implementation, or Guaranteed Maximum Price Documents showing [he design, location and dimensions of [he Work, generally including Models, plans, elevations, sections, details, schedules and diagrams. § 1.3.4 THE SPECIFICATIONS The Specifications aze that portion of the criteria design, detailed design, implementation, or Guaranteed Maximum Price Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.3.5 BUILDING INFORMATION MODEL The Building Information Model (Model(s)), is a digital representation of the physical and functional characteristics of the Project. The tern "Model" maybe used to describe a single model or multiple models used in the aggregate. "Building Information Modeling" (BIM) means the process and technology used to create the Model. § 7.3.61NSTRUMENTS OF SERVICE Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work provided by [he Construction Manager, Architect, the ArchitecPs consultants, the AIA Document A296TM -2008. Copyright©2008 by The Amedcan Institute of Architects. All fights reserved. WARNING: This AIA`" Document is protected by Inlt. U.S. CopydgM Law and International Treaties. Unauthorized reproduction or tlistdbution of this AIA® Document, or any portion of it, may result in ~ rJ severe civil antl criminal penalties, antl will be prosecuted to the maximum extent possible antler the law. This document was protluced by AIA software at / 14:22:47 on 03/12/2010 antler Order No.1000396162_1 which eupires on 04/22/2010, and is not for resale. User Notes: (1781739831) Contractor, Subcontractors, or Sub-subcontractors under their respective agreements. Instruments of Service may include, without limitation, studies, surveys, Models, sketches, drawings, specifications, and other similaz materials. § 1.3.7 THE GUARANTEED MAXIMUM PRICE The Guaranteed Maximum Price represents an amount that the Contract Sum shall no[ exceed as ageed to by the Owner and Contractor. § 1.3.9 THE GUARANTEED MAXIMUM PRICE DOCUMENTS The Guamnteed Maximum Price Documents (GMP Documents) consist of the agreement between the Owner and Contmctor (Owner-Contractor Agreement), General, Supplementary and other Conditions ofthe Contract (Conditions ofthe Contract), Drawings, Specifications, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. § 1.3.9 THE CONTRACT The GMP Documents comprise the Contract for Integrated Project Delivery. The Contract represents the entire and integmted agreement between the Owner and the Contractor and supersedes prior negotiations, representations or agreements, either written or oml. The Contract may be amended or modified only by a Modification. The GMP Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect's consultants, (2) between the Owner and a Subcontractor or aSub-subcontractor, (3) between the Owner and the Architect or the Architect's consultants or (4) between the Contractor and the Construction Manager or Constructon Manager's consultants (5) between any persons or entities other than the Owner and the Contractor. § 1.3.10 THE IMPLEMENTATION DOCUMENTS The Implementation Documents consist of the Architect and Contractor's further development of the GMP Documents as necessary to construct the Project. § 1.3.110WNER'S BUDGET FOR THE WORK The Owner's Budget for the Work is the amount the Owner has budgeted to construct all elements of the Project designed or specified by the Architect and includes contactors' general conditions costs, overhead and profit. The Owner's Budget for the Work does not include the compensation of the Architect or the Construction Manager, the costs of the land, rights-of--way, financing, contingencies for changes in the Work or other costs that aze [he responsibility of the Owner. § 1.3.121NITIAL DECISION MAKER The Initial Decision Maker is the Architect, who will render initial decisions on Claims m accordance with Section 13.2 and certify termination of the Owner-Contractor Agreement under Section 7.2.2 of the Owner-Contractor Agreement, A195-2008, Standard Form of Agreement Between Owner and Contractor for Integrated Project Delivery. § 1.3.131NTEGRATED PROJECT DELNERY Integrated Project Delivery is a project delivery approach [ha[ integrates people, systems, business structures and practices into a process that collaboratively harnesses the talents and insights of all participants to reduce waste and optimize efficiency through all phases of design, fabrication and construction. § 1.4 CORRELATION AND INTENT OF THE GMP DOCUMENTS § 1.4.1 The intent of the GMP Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor The GMP Documents aze complementary, and what is required by one shall be as binding as if requved by all; performance by the Contractor shall be required to the extent consistent with the GMP Documents and reasonably inferable from them as being necessary to produce the indicated results. Where a conflict occurs between or within standards, specifications, and drawings, the more stringent or higher quality requirements shall apply. The precedence and coordination of [he GMP Documents are as follows: .1 Addendum and modifications to the Drawings and Specifications take precedence over the original GMP Documents. AIA Document A295r" -2008. Copydghtm 2008 by The Amedcan Institute of Architects. All dgMs reserved. WARNING: This AIA'" Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthorizetl reproduction or distribution of this AIA® Document, or any portion of it, may result in 18 severe civil and criminal penahies, antl will be prosecuted to the maximum extent possible under the Iaw.This document was producetl by AIA software at / 14:22:47 on 03/12/2010 under Order No.1000396152_t which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) .2 Should there be a conflict within the Specifications, or within the Dmwings, or between the Drawings and Specification, the Architect shall decide which condition will provide [he best installation and his/her decision shall be final. .3 The Drawing and Specifications aze intended to coordinate with each other. Anything shown on the Drawings but not mentioned in the Specification or vice-versa, shall be furnished as though specifically shown and mentioned in both without any extra chazge. .4 The Drawings, for purposes of clearness and legibility, are essentially diagrammatic, and although the sizes and locations of egtpment are shown to scale wherever possible, the Contractors, both principal and subcontractors, aze required to familiarize themselves with all [he Work required by the Contract Documents. Each Contmctor shall properly coordinate his/her work with that of all other contractors. It is not within the scope of [he Drawings to show all necessary offsets, obstructions or stmctural conditions. It shall be the responsib[lity of each Contractor to plan, coordinate, and install his/her work m such a manner so as [o conform to the structure. Any conflict within the Drawings shall be referred to the Architect for disposition prior to the installation of any affected work. .5 Figured dimensions contained in the Contract Documents shall be accurately followed, even though they differ from scaled measurements. No work shown on the plans, the dimensions of which are not figured, shall be executed until instructions have been obtained from the Architect as to the dimensions to be used. Lazger scale Dmwings shall have preference over smaller scale drawings, but discrepancies shall be referred to the Architect for interpretation. § 1.4.2 Neither organization of the Specifications into divisions, sections and articles, arrangement of Dmwings, organization of the Model, or the issuance of separate Models shall control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.4.3 Unless otherwise stated in the GMP Documents, words that have well-known technical or construction industry meanings are used m the GMP Documents in accordance with such recognized meanings. § 1.4.4 CAPITALIZATION Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) [he titles of other documents published by the American Institute of Architects. § 1.4.51NTERPRETATION In the interest of brevity, words such as "all" and "any" and articles such as "the" and "an" may be omitted, but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE The Constmction Manager, Construction Manager's consultants, Architect, Architect's consultants, Contactor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized, solely and exclusively for use in completion of the Project, to use and reproduce the Instruments of Service provided to them. All copies made under this authorization shall beaz the copyright notice, if any, shown on [he Instuments of Service. The Architect, ArchitecPs consultants, Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use another author's Instruments of Service on other projects or for additions to this Project without the specific written consent of the Owner and the author of [he Instruments of Service. § 7.5.1 The Owner, Constuc[ion Manager, Architect and Contractor may utilize a Model as (an) Instrument(s) of Service to the extent mutually agreed to be practicable and pursuant [o Section 1.5.2. Unless the parties mutually agree otherwise, the Architect shall be responsible for the integration and coordination of the Model throughout the design and construction of the Project. § 7.5.2 SOFTWARE AND DATA EXCHANGE PROTOCOLS The Owner, Constmction Manager, Architect and Contractor shall, at the earliest practical moment, meet and delineate the types of software to be used on the Project and establish protocols, standards and tolerances as may be required for the proper execution of the Work. The Owner, Constuction Manager, Architect and Contractor shall work together to establish the permitted uses for all digital information, including the Model, to be exchanged on the Init. AIA Document A295TM -2008. Copyright®2008 by The American Institute of Architects. All rights resenetl. WARNING: This AIA® Document is proteelatl by U.S. Copydght Law antl International Treaties. Unauthorizetl reprotluction or tlistribution of this AIA Document, or any portion of it, may resuh in 17 severe civil and criminal penaales, antl will be prosecuted to the maximum extent possible under the Iaw.This document waspmduced by AIA software at ) 14:22:47 on 03/12/2010 under Ortler No.1000398152_1 which expires on 04/22/2010, and Is not for resale. Usar Notes: (1781739831) Project. Such determinations shall be set forth in AIA Document E201T"~2007, or a similar document, that shall be incorporated by reference into all ageements for services or construction for the Project. § 1.6 COORDINATION The Owner, Construction Manager, Architect and Contractor shall coordinate the services provided by one another's consultants, subconsultants, contractors and Subcontractors. Upon request, the Owner, Construction Manager, Architect and Contmctor shall famish copies of the scopes of services in the services contracts they hold. The Owner shall require that its consultants and contractors maintain professional liability insurance and other liability insurance, as appropriate to the services provided. ARTICLE 2 OWNER § 2.1 GENERAL § 2.1.1 The Owner is the person or entity identified as such in this document and is referred to as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization except for [he approval of increases in the Contract Sum or Contract Time, and the execution of Amendments and Change Orders to the Ageemen[. Amendments or Change Orders shall not be binding on the City except as follows: § 2.1.1.1 Amounts under $5,000 require only Department Head signature; § 2.1.1.2 Amounts between $5,000 and $10,000 require City Manager signature; § 2.1.1.3 Amounts between $10,000 and $25,000 require City Attorney and City Manager signature; § 2.1.1.4 Amounts over $25,000 require City Council approval and signature by the Mayor, or a duly authorized official in his absence. The term "Owner" means the Owner or the Owner's authorized representative except as otherwise indicated above. § 2.1.2 The Owner shall furnish information or services required of the Owner by the GMP Documents in a timely manner. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's, Architect's and Contractor's performance with reasonable promptness after receiving the written request for such information or services, § 2.1.3 The Construction Manager ,Architect and Conttactor shall be entitled to rely on the accuracy and completeness of information furnished by the Owner. § 2.1.4 The Owner shall provide prompt written notice to the Architect and Contractor if the Owner becomes awaze of any fault or defect in the Project, including errors, omissions or inconsistencies in the Instruments of Service. (Paragraph deleted) § 2.21NFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 The Owner shall provide information regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. § 2.2.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the GMP Documents require; (2) a change in the Work materially changes the Conttact Sum; or (3) the Contractor identifies m writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall famish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Construction Manager , Contractor and Architect. § 2.2.2.1 Notwi[hstandinganyching in the GMP Documents to [he contrary, in the event the voters in the City of Aspen Inlt. AIA Document A295TM-2008. Copyright®2008 byThe American lnstiMeof Architects. All fights reserved.WARNING This AlA®DOCUment is protectetl by U.S. Copydght Law and International Treaties. Unauthorized reprotluction or distribution of this AIA® Document, or any portion of It, may resun in 18 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document wasprodaced by AIA Software at / 14:22:47 on 03/12/2010 under Order No.1000398152_'I which expires on 04/22/2070, and is not for resale. User Notes: (178'1739831) do not approve the bond question anticipated to be on the ballot November 2, 2010, all Agreements will be terminated for the Owner's convenience and no subsequent Suspension or Temtination Expenses or fees will be due or will acme from the Owner [o [he Construction Manager, Architect, Contractor, any subcontmc[ors or any consultants. § 2.2.3 The Owner shall establish and periodically update the Oumer's budget for [he Project, including (1) the Budget for the Work; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's Budget for the Work, the Owner shall notify the Architect and Contractor. The Owner, Construction Manager, and the Architect and Contractor shall thereafter agree to a corresponding change in the Owner's Budget for [he Work or in [he ProjecPs scope and quality. § 2.2.4 Except For permits and fees that aze the responsibility of the Contractor under the GMP Documents, including those required under Section 9.7.1, the Owner shall secwe and pay for necessary approvals, easements, assessments and chazges required for cons[mction, use or occupancy of permanent stmctwes or for permanent changes in existing facilities. § 2.2.5 The Owner shall famish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structwes; designated wetlands; adjacent drainage; rights-of--way, restrictions, easements, encroachments, zoning deed restrictions, boundazies and contows of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmazk. § 2.2.6 The Owner shall furnish services of geotechnical engineers, which may include but aze not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazazdous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 2.2.7 The Owner shall famish tests, inspections and reports required bylaw and as otherwise agreed to by the parties, such as stmctwal, mechanical, and chemical tests, tests for air and water pollution, and tests for hazazdous materials. § 2.2.8 The Owner shall famish all legal, inswance and accounting services, including auditing services, that maybe reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 2.2.9 The Owner shall famish the services of a Commissioning Agent, who will provide professional advice during the pre-construction phase, as well as inspections and commissioning reports during the construction phase. The Contactor shall be required to correct any deficiencies identified by the Commissioning Agent. § 2.2.10 The Owner shall furnish the services of a Material Testing Firn, who will provide inspections and material testing reports during the construction phase. § 2.3 CONSTRUCTION MANAGER § 2.3.7 The Construction Manager is the person or entity identified as such in [he Agreement and is referred to throughout [he Contract Documents as if singular in number. The term "Construction Manager" means the Construction Manager or the Constmction Manager's authorized representative. § 2.3.2 The Construction Manager will not be responsible or liable for the acts or omissions of the Architect, Contractor, or any Subcontractor, or any of their agents or employees, or any other person performing any of the Work. § 2.3.3 The Construction Manager shall: § 2.3.3.1 Review all changes proposed by the Contmctor, Architect or Owner and make recommendations regarding schedule and cost implications; Init. AIA Document A296TM-2009. Copydght®2009 byThe American Institute of Architects. All dghts resarv®tl.WARNING: This AlA®DOCUmeM is protected by U.S. Copyright Law and International Treatise. Unauthorized reproduction or tlistrtbution of this AIA Document, or any portion of it, may resua in 19 severe civil antl criminal penaaies, antl will De prosecutetl to the maximum extent possible antler the Iaw.This document was protlucetl by AIA software at ) 14:22:47 on 03/12/2010 antler Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User Notes: (1781739931) § 2.3.3.2 Establish and maintain a complete on-site library of all Contract Documents, approved shop drawings, and approved material samples; § 2.3.3.3 Schedule and conduct job meetings to be attended by the Contractor and representatives of the Owner and Architect to discuss such matters as procedures, progress, problems and scheduling. Construction Manager shall prepare and distribute minutes of such meetings. § 2.3.4 The Construction Manager shall make a review of [he Work at such intervals necessary to discharge its duties to the Owner. § 2.3.5 The Construction Manager shall meet with the Contractor to prepare and update the Master Project Schedule using information from the Contmctor's Construction Schedule. ARTICLE 3 ARCHITECT § 3.1 GENERAL § 3.1.1 The Architect is the person or entity identified as such in this document and is referred to as if singular in number. The Architect shall be lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdicton where the Project is located. The Architect shall designate in writing a representative who shall have express authority to bind the Architect with respect to all matters related to the Project. The term "Architect" means the Architect and the authorized representative. § 3.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth th this document shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. § 3.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the GMP Documents shall be that of the Architect. § 3.2 ARCHITECT'S GENERAL SERVICES § 3.2.1 The Architect shall assist the Owner in establishing a list of prospective contractors for the Project. § 3.2.2 The Architect shall manage the Architect's services, consult with the Owner and Contractor, research applicable design criteria, attend Project meetings, and report Project progress to the Owner. § 3.2.3 T'he Architect and Construction Manager acknowledge the Contractor does no[ warrantor guarantee the accuracy of the Contractor's Estimates, as that term is defined in Section 4.2.3, except as may be included in the GMP. The Construction Manager and Architect shall review the Contractor's Estimates solely for the Construction Manager's and Architect's guidance in completion of its services, however, the Construction Manager and Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 3.2.4 The Architect shall, at appropriate times, contact the governmental authorities required to approve the GMP Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.2.5 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. The Architect shall generate documents suitable for submission to the necessary governmental authorities. § 3.2.6 In performing its services hereunder, the Architect, its agents, consultants and employees shall comply with all applicable laws, regulations, ordinances, or other rules of the United States, the State of Colorado, Pitkin County, or the City of Aspen, or of any other duly constituted public authority or agency and shall ensure that the GMP Documents shall comply with all building codes applicable [o [he Project. AIA Document A295TM - 2009. Copyright®2008 by The American Institute of Architects. All rights reservetl. WARNING: This AIA® Document is protectetl by Init. U. S. Copyright Law and International Treaties. Unaulhorizetl reproduction or distribution of this AIA® Document, or any portion of it, may resua in 20 severe civil and criminal penalties, antl will be prosecuted to the maximum extent possible under the Iaw.This document was produced by AIA software at / 14:22:47 on 03/72/2010 under Order No.1000396152_t which ezpires on 04/22/2010, and is not for resale. User Notes: (1781739831) ARTICLE 4 CONTRACTOR § 4.1 GENERAL § 4.1.1 The Contractor is the person or entity identified as such in this document and is referred to as if singulaz in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters related to the Project. The term "Contractor" means [he Contractor or [he Clmtmctor's authorized representative. § 4.1.2 If the employment of the Contractor is terminated, the Owner shall employ a successor contractor as to whom the Construction Manager and Architect have no reasonable objection and whose status under the GMP Documents shall be that of the Contractor. § 4.2 GENERAL CONSULTATION RESPONSIBILITIES § 4.2,1 Throughout the development of the GMP Documents, the Contractor shall advise the Owner and the Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Contractor shall also provide recommendations on constructabilit}; availability of materials and labor, time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of altemafive designs or materials, the Owner's Budget for the Work, and possible cost reductions. § 4.2.2 The Contractor shall assist the Owner in connection with the Owner's responsibility for obtaining approval for [he Work from governmental authorities having jurisdiction over the Project. § 4.2.3 The Contractor shall provide estimating services throughout the design of the Project as specifically required in Articles 5, 6 and 7, and at other various times agreed to by the Owner, Architect and Contmctor. The Contractor shall provide estimates of the total cos[ to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit (Contractor's Estimate). The Contractor's Estimate shall not include the compensation of the Architect or Construction Manager, the costs of the land, rights-of--way, financing, contingencies for changes m the Work, or other costs that aze the responsibility of [he Owner. The Contractor's Estimates shall increase in detail and refinement as the Architect progresses with [he preparation of the Criteria Design, Detailed Design and Implementation Documents. § 4.2.3.1 In preparing the Contractor's Estimates, the Contractor shall include contingencies for design, procurement, and reasonable price escalation. The Contractor's Estimate shall be based on current area, volume or similar conceptual estimating techniques. § 4.2.4 For each of the Conttactor's Estimates, provided pursuant to Section 4.2.3, the Contractor shall provide adequate detail to support the estimate. The Contractor shall submit its estimates for [he Architect's review and the Owner's acceptance. The Contractor shall advise the Owner and Architect if it appears that any of Contractor's Estimates may exceed the Owner's most recent Budget for the Work and, in consultation with the Construction Manager and the Architect, make recommendations for corrective action. § 4.2.5 The Contractor does no[ warrant or guarantee estimates and schedules except as maybe included as part of the Guaranteed Maximum Price. § 4.2.6 The Contractor shall no[ be required [o provide professional services [hat constitute the practice of azchitectare or engineering unless such services aze specifically required by the GMP Documents for a portion of [he Work or unless [he Contractor needs [o provide such services in order to carry out the ConDactor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall no[ be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the GMP Documents, the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepazed by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted [o the Architect. The Owner, Construction Manager and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design Init AIA Document A295"'-2008.Copyright®2008 byThe American Institute of Architects. All rights reserved.WARNING: This AIA®DOCUment is protectetl by U.S. Copydght Law antl International Treaties. Unauthorized reproduction or tlistdbution of this AIA® Document, or any portion of it, may resua In 21 severe civil and criminal penaaies, and will be prosecuted to the maximum extent possible under the Iaw.This document was prCtluced by AIA software at / 14:22:47 on 03x12/2010 under Order No.1000396752_i which expires on 04/22/2010, and is not for resale. User Notes: (1781739831) professionals, provided [he Architect has specified to [he Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 4.2.6, the Architect will review, approve or take other appropriate acfion on submittals only for the limited purpose of checking for conformance with information given and local codes, ordinances and statutes, and the design concept expressed in the Contract Documents. ARTICLE 5 CONCEPTUALIZATION PHASE § 5.1 The Owner, Construction Manager ,Architect, Commissioning Agent, and Contractor shall review the program famished by the Owner to ascertain the requirements of the Project and shall strive at a mutual understanding of those requirements. The Architect shall present its preliminary evaluation [o [he Owner, Construction Manager, Commissioning Agent, and Contractor and discuss possible altemative approaches to design and construction of the Project, including the incorporation of environmentally responsible design approaches pursuant to the Aspen/Pitkin Efficient Building Program and Department of Energy "Building America" criteria. The Architect shall reach an understanding with the Owner, Constmction Manager, Commissioning Agent, and Contractor regarding the requvements of the Project. § 5.2 Within two weeks of execution of the Architect's Agcement, the Architect shall submit to the Owner, Construction Manager and Contractor a proposed schedule of the Architect's services for review, approval and subsequent inclusion in the Master Project Schedule. The schedule of the Architect's services shall include design phase deadlines, dates when cost estimates or design reviews shall occur ta order to comply with the deadlines in the Master Project Schedule, and allowances for periods of time required (1) for the Owner's review (2) for the performance of the Owner's consultants, (3) for review, modification and approval of submissions by authorities having jurisdiction over the Project, and (4) value engineering. § 5.3 The Construction Manager shall prepaze and periodically update a Master Project Schedule in collaboration with the Contractor and the Architect. The Master Project Schedule shall coordinate and integrate the Contractor's services, the Architect's services, the Commissioning Agent's services, and the Owner's responsibilities, necessary in order to meet the ProjecPs timely completion. § 5.4 Once [he Owner, Architect and Contractor agree to the time limits established by [he Master Project Schedule, the Owner, Architect and Contractor shall not exceed them, except for excusable delays. § 5.5 The Construction Manager, Architect, Commissioning Agent, and Contractor shall provide a preliminary evaluation of the Owner's program and Budget for the Work, each in teens of the other as well as recommendations, if any, with regazd to accelerated or fast-track scheduling, procurement, efficient building design, or phased construction. The preliminary evaluation shall take into consideration cost information, constructability, and procurement and construction scheduling issues. To the extent mutually ageed, the information shall be integrated into the Model. ARTICLE 6 CRITERIA DESIGN PHASE § 6.1 No later than the date identified in the Master Project Schedule, the Architect, m consultation with the Construction Manager ,Commissioning Agent and [he Contractor, shall prepare and present for the Owner's approval a preliminary design illustrating the scale and relationship of [he Project components. § 6.2 Based on the Owner's approval of the preliminary design, the Architect, in consultation with the Construction Manager , Comrrtissioning Agent and the Contractor, shall prepare Criteria Design Documents for the Owner's approval. The Criteria Design Documents shall consist of drawings and other documents including a site plan, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, and Models. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 6.2.1 The Architect shall consider and include environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and Budget for the Work. § 6.2.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner's schedule and Budget for the Work. Init. AIA Document A295^'-2008. Copydgh[®2006 byThe American lnsOtule of Architects. All rights reserved.WARNING: This AlA°DOCUment is protected by U. S. CopydgM Law antl International Treaties. Unauthodzed reprotluclion or distribution of this AIA® Document, or any portion of it, may result in 22 severe civil antl criminal penalties, antl will be prosecutetl to the maximum extent possible under the law. This document was produced by AIA so(lware at / 14:22:47 on 03/12/2010 under Order No.1000396152_t which expires on 04/2712010, and is not for resale. Usar NOtes: (1781739831) § 6.3 During the Criteria Design Phase, the Architect shall meet with the Owner, the Construction Manager ,the Commissioning Agent and Contractor as appropriate to the progess of the design [o review the Criteria Design Documents as necessary. § 6.4 The Contractor shall obtain information from Subconhactors and material suppliers regarding proposed systems or products, including material procurement scheduling, product data sheets, life cycle and energy efficiency data, cost data necessary to validate estimates and schedules for their scopes of work, tolerances, and prefabrication opportunities. § 6.5 The Contractor, for the Constmction Manager's and Architect's review and the Owner's acceptance, shall prepare a procurement schedule for items that must be ordered well m advance of construction. If the Owner agrees to procure any items in the Contractor's scope of work prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions reasonably acceptable to the Construction Manager and Contractor Upon the execution of the Guaranteed Maximum Price Amendment, the Owner shall assign all contracts for these items to the Contractor and the Contractor shall thereafter accept complete scheduling, delivery, acceptance, protection, installation and turnover responsibility for them. § 6.6 At the conclusion of the Criteria Design Phase, the Owner, Construction Manager, Architect, Commissioning Agent, and Contractor shall meet to review the Criteria Design Documents. § 6.7 Based upon the Criteria Design Documents, the Contractor shall update the Contractor's Estimate and Contractor's Constmction Schedule. § 6.7.1 Ifrevisions to the Criteria Design Documents aze required to comply with the Owner's Budget for the Work at the conclusion of the Criteria Design Phase, the Architect shall consult with the Owner, Construction Manager, Commissioning Agent, and Contractor [o determine appropriate solutions. The Architect shall then incorporate any agreed-upon revisions during the Detailed Design Phase. ARTICLE 7 DETAILED DESIGN PHASE § 7.1 Based on the Owner's approval of the Criteria Design Documents, as well as the Owner's authorization of any adjustments in the Project requirements and the Owner's Budget for the Work pursuant to Section 2.2.3, the Architect, in consultation with the Owner, Construction Manager, the Commissioning Agent, and Contractor, shall prepare Detailed Design Documents for the Owner's approval no later than the date identified in the Master Project Schedule. The Detailed Design Documents shall illustrate and describe the development of the approved Criteria Design Documents and shall consist of drawings, other documents and the Model. § 7.2 During the Detailed Design Phase, the Architect shall meet with the Owner, Construction Manager, the Commissioning Agent, and Contmctor as appropriate and necessary to the progress of the design to review the Detailed Design Documents. § 7.3 Prior to the conclusion of the Detailed Design Phase, the Contractor shall furnish to the Owner Construction Manager, and Architect a list of possible Subcontractors and material suppliers. § 7.4 The Contractor shall provide updates [o the Contractor's Estimate and the Contractor's Construction schedule to ensure consistency with the Detailed Design Documents and to incorporate information received from Subcontractors and material suppliers pursuant to Section 6.4. The Contractor shall require any such Subcontmctors and material suppliers to provide additional information as needed to coordinate systems, including but not limited to, mechanical, electrical, plumbing and structural, and [o verify tolerances. § 7.4.1 If the Contractor's Estimate at the conclusion of the Detailed Design Phase exceeds the Owner's Budget for the Work, the Owner shall .1 give written approval of an increase in the Owner's Budget for the Work; .2 in consultation with the Architect, the Construction Manager, and Contractor, revise the Project program, scope, or quality as required to bring the Contractor's Estimate within the Owner's Budget for the Work; or .3 implement any other mutually aceeptable alternative. Init. AIA Document A295^' -2008. Copyright©2008 byThe American Institute of Architects. All tights ressrvW. WARNING: This AIA® Document Is protected by U.S. Copyright Law and Intamational Treaties. Unauthodzstl reprotluction or distribution of [his AIA Document, or any portion of a, may resuh in 23 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible untler the law. This document was produced by AIA software at f 14:22:47 on 0 3 /1 22 01 0 under Order No.1000396152_7 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) § 7.4.2 If the Owner chooses to proceed under Section 7.4.1.2, the Architect, without additional compensation, shall incorporate the agreed upon modifications as necessary to comply with the Owner's Budget for the Work, or the Owner's Budget for the Work as adjusted under Section 7.4.1.1. Afrer incorporation of such modifications to comply with this Section 7.4.2, the Architect shall, as an Additional Service, make any required revisions to the Drawings, Specifications or other documents necessitated by subsequent cost estimates that exceed the Owner's Budget for the Work, except when the excess is due to changes initiated by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipment. § 7.5 At the conclusion of the Detailed Design Phase, the Architect shall submit Detailed Design Documents consistent with the Owner's Budget for the Work to the Owner and Construction Manager. The Owner, Construction Manager, Amhitect and Contractor shall meet to review the Detailed Design Documents. § 7.6 Upon the Owner's acceptance of the Detailed Design Documents, the Contractor shall prepare a Guaranteed Maximum Price proposal for the Owner's and Construction Manager's review and Owner's acceptance. § 7.7 To the extent that the GMP Documents are anticipated to require further development in the Implementation Documents Phase, the Contractor shall provide in the Guaranteed Maximum Price proposal for such filrther development consistent with the GMP Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. § 7.8 The Contractor shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: .1 A complete list of the documents and information used in preparation of the Guaranteed Maximum Price proposal. .2 A list of allowances and a statement of their basis. .3 A list of the Contractor's clarifications and assumptions, if any, with regard to the GMP Documents and information relied upon in preparation of the Guaranteed Maximum Price proposal. .4 The proposed Guaranteed Maximum Price, including a statement of the estimated cost with a level of detail, in a format, and summarized as mutually agreed in advance. The Guaranteed Maximum Price proposal will be organized by trade categories, allowances, contingencies, the Contractor's Fee, and other items that comprise the Guaranteed Maximum Price. .5 The anticipated date of Substantial Completion upon which the Guaranteed Maximum Price proposal is based, and a schedule for the issuance dates of the Implementation Documents upon which the anticipated Substantial Completion date relies. § 7.9 The Contractor shall meet with the Owner, Construction Manager, and Architect to review the Guaranteed Maximum Price proposal. Tn the event that the Owner, Construction Manager, and Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Con[mctor, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 7.10 Once accepted by the Owner, the Guaranteed Maximum Price, including the written statement required under Section 7.8 as appropriate, shall be set Forth in an amendment to the Owner-Contractor Agreement, a copy of which amendment the Owner shall provide to the Construction Manager and Architect. Upon the Owner's acceptance of the Guaranteed Maximum Price proposal, the Detailed Design Documents upon which the approved Guaranteed Maximum Price is based shall become part of the GMP Documents. § 7.10.1 Adjustments to the Guaranteed Maximum Price on account of significant, Owner-initiated changes in the Work not reasonably inferable from earlier documents maybe determined by any of the methods listed in Section 9.21.3.3. § 7.10.2 A specific provision is made in the Owner-Contractor Agreement for adjustment of the Contractor's Fee in the case of changes in the Work. AIA Document A295^'-2008. Copyright®2008 byThe American Institute of Architects. All rights reserved. WARNING: This AIA'" Document is protected by Init. U.S. Copyright Law antl International Treaties. Unauthorized reprotluctlon or tlistribution of this AIA® Document, or any portion of it, may rasua in 24 severe civil and criminal penalties, and will be prosecuted to the mazimum ertent possible under the law. This document was protluced by AIA 5oflware at ~ 14:22:47 on 03/12/2010 uMer Order No.1000398152_1 which expires on 04/22/2010, and is not for resale. User NOles: (1781739831) ARTICLE 8 IMPLEMENTATION DOCUMENTS PHASE § 8.1 Based on the GMP Documents and the Guaranteed Maximum Price, the Architect and Contractor shall prepare hmplementation Documents. The hnplementation Documents shall illustrate and describe the further development of the approved GMP Documents and shall set forth in detail the requirements for the construction of the Work. § 8.2 The Contractor shall coordinate with Subcontractors and material suppliers to obtain finalized cost information and schedules for [heir scopes of work and to ensure that [he Implementation Documents include complete, sufficient and unambiguous information for completion of the Work. § 8.3 The Contractor shall carefully study and compaze the Implementation Documents with each other and with information famished by the Owner and shall at once report to the Construction Manager and Architect errors, inconsistencies or omissions discovered. § 8.4 The Architect and the Contractor shall incorporate into the Implementation Documents the design requirements of governmental authorities having jurisdiction over the Project. § 8.5 Pursuant to a schedule the Architect and Contractor agree to, the Contractor shall provide Shop Drawings and other submittals for the Architect's review and approval, and incorporation into the Implementation Documents. The review of such submittals shall be made pursuant to Section 9.12. § 8.6 The Owner and the Contractor shall agree, in writing, on the commencement date for construction of the Work. If the Owner and Contractor ogee, the Contractor may begin wnstruc[ion of the Work during the Implementation Documents Phase, as appropriate. § 8.7 At the conclusion of the Implementation Documents Phase, the Owner, Constmction Manager, Architect and Contractor shall meet to review the hmplementation Documents. Upon the Owner's approval of the Implementation Documents, they shall become part of the GMP Documents and shall take priority over the Detailed Design Documents. § 8.8 Fire Protection and Life Safety Systems: All life safety systems and building assemblies shall be designed by a professional engineer licensed in the state of Colorado, and shall be designed, constructed, and installed in accordance with the current applicable Aspen Fire Protection District requirements: NFPA 13, 13D, 13R as applicable; NFPA 72(Alatm Systems); 2003 Intemational Fire Code; all as amended by the AFPD and adopted by [he City of Aspen at time of permit submittal It is the Contractor's sole responsibility to ensure the fire protection sprinkler system is compatible with the water system pressures existing a[ the Project site. ARTICLE 9 CONSTRUCTION PHASE § 9.1 GENERAL PROVISIONS § 9.1.1 The Contractor shall perform the Work in accordance with the GMP Documents. § 9.1.2 The Contractor shall not be relieved of obligations to perform the Work in accordance with the GMP Documents either by activities or duties of [he Constmction Manager nor the Architect in the Construction Manager's and Architect's administration of the Con[rac[, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor, or by any prior course of conduct with the Owner. § 9.1.3 The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with [he Owner to cooperate with the Architect, the Construction Manager, and Commissioning Agent, and exercise the Contractor's skill and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform its services in an expeditious and economical manner consistent with the Owner's interests. § 9.2 REVIEW OF GMP DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 9.2.1 The Contractor shall visit the site and become generally familiar with local conditions under which the Work is to be performed and correlate personal observations with requirements of the GMP Documents. IDIf AIA Document A296°-2008. Copyright®2008 byThe Amedcan lnstitule of Architects. All dghfs reserv®d.WARNING: This AlA®DOCUment is protected by U.S. Copyright Law and Intemational Treaties. Unauthodzad reprotluction or distribution of this AIA Document, or any portion of it, may resuk in Zr~ severe clvll antl criminal penaaies, antl will be prosecuted to the maalmum extent possible under the law. This document was produced by AIA software at / 14:22:47 on 03/12/2010 under Order No.7000396152_7 which enpires on 04/22/2010, antl is not for resale. User Notes: (1781739831) § 9.2.2 Because the GMP Documents aze complementary, the Contractor shall, before starting construction of each portion of the Work, carefully study and compare the various GMP Doclunents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.5, shall take field measurements of any existing wnditions related to that portion of the Work, and shall observe any conditions at the site affecting it. The Contractor shall promptly report to the Architect and Owner any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require, with a copy to the Construction Manager. § 9.2.3 The Contractor is not required to ascertain that the GMP Documents aze in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. The Contractor shall promptly report in writing to the Construction Manager ,Architect and Owner any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Construction Manager and Architect mutually agree. § 9.2.4 Due to the responsibility the Contractor assumes throughout the development of the GMP Documents, neither the Owner nor the Architect shall be liable to the Contractor for damages resulting from errors, inconsistencies or omissions the Contractor reports pursuant to Section 9.2.2. However, if the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's requests for information pursuant to Section 9.2.3, the Contractor shall make Claims as provided in Article 13. If the Contractor fails to perform the obligations of either Sections 9.2.2 or 9.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. § 9.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 9.3.7 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The 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 under the Contract. The Contractor shall evaluate the jobsite safety thereof and shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences orpracedures. § 9.3.2 The Contractor shall provide monthly written reports to the Construction Manager, Owner and Architect on the progress of the entire Work. The Contractor shall maintain a daily log containing a record of weather, Subcontractors working on the site, number of workers, Work accomplished, problems encountered and other similar relevant data as the Construction Manager or Owner may reasonably require. The log shall be available during all hours of operation on site to the Construction Manager, Owner and Architect. § 9.3.3 The Contractor shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Contractor shall identify variances between actual and estimated costs and report the variances to the Construction Manager, Owner and Architect in writing at regular intervals, but in no circumstances less often than monthly. § 9.3.4 The Contractor shall be responsible to [he Owner for acts and omissions of [he Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of [he Work for, or on behalf of, [he Contractor or any of its Subcontractors. § 9.3.5 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 9.3.6 The Contractor shall carefully check its own work and that of Subcontractors as the work is being performed. The Contractor shall ensure that incorsect or faulty work is corrected immediately. § 9.3.7 The Contractor shall have weekly meetings for the coordination of all mechanical and electrical activities. The Construction Manager and Architect's consultants maybe invited to attend by the Contractor, as appropriate. § 9.3.8 During the finishing stages of the project, the Contractor shall make frequent inspections of the Work in the presence of the Architect, the Construcfion Manager and [he applicable Subcontractor(s) involved, if any, and the Architect shall identify incorsect and faulty Work. The Contractor shall ensure that incorsect or faulty Work is corrected immediately. Init. AIA Document A295^'-2006.Copyright®2008 byThe American Institute of Architects. All rights reserved.WARNING: This AIA`"DOCUment is protected by U. S. Copyright Law antl International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may resuh in 26 severe civil antl criminal penaaies, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at ~ 14:22:47 on 03/12/2010 under Order No.1000396152_t which expires on 04/22/2010, antl is not for resale. User Notes: (1781739631) § 9.4 LABOR AND MATERIALS § 9.4.1 Unless otherwise provided in the GMP Documents, the Contmctor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of [he Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 9.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 9.21.4, the Contractor may not make substitutions without the written consent of [he Owner, after evaluation by the Architect and the Construction Manager and in accordance with a Change Order or Construction Change Directive. If the Contmctor requests a material substitution after execution of the GMP Amendment, the Contractor shall retain liability for the performance of the substituted materials or products and shall certify that the substituted materials or products aze equal to or better than the original materials or products. All substitutions shall meet or exceed Department of Energy Building America and Aspen/Pi[kin Efficient Building criteria. § 9.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Conhactor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. The Owner may, by notice in writing, require the Conhactor to remove from the Work any employee the Owner deems incompetent, careless or otherwise objectionable. § 9.4.4 All work under this Contract shall be performed in a skillful and workmanlike manner in accordance with industry standards. § 9.5 WARRANTY § 9.5.1 The Contractor warrants to the Owner and Architect that materials and equipment famished under the Contract will be of good quality and new unless the GMP Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the GMP Documents and will be free from defects, except for those inherent in the quality of the Work the GMP Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by [he Architect, the Connector shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 9.5.2 The Contractor shall provide the original of, and assign to the Owner at the time of Substantial Completion of the Work, any and all Subconnactor's, Sub-subcontractor's, suppliers' and manufacturer's warranties, guarantees, and maintenance requirements required to maintain all warranties and guarantees, relating to materials and labor used in the Work. These materials shall be assembled in Warranty Manuals and submitted to the Owner through the Construction Manages The Contractor shall perform the Work in a manner consistent with and so as to preserve any and all such guarantees and warranties. If the Connector performs warranty work during the warranty period which later is discovered to not have been performed correctly, [he Connector shall repair the work up to one year after the initial warranty work was performed. In the event that the Contractor, or any of its Subcontractors, performs any subsurface investigations, Contractor shall promptly forward copies of the results or reports of such investigations to the Owner, Construction Manager and Architect. § 9.5.3 Temporary or trial usage by the Owner of any mechanical device, machinery, apparatus, equipment, or any work or material supplied under the Contract before substantial completion and written acceptance by the Architect or Commissioning Agent, shall not be construed as evidence of the ArchitecPs, Commissioning Agent's, Construction Manager's, or the Owner's acceptance of same, or the commencement of any warranty periods. § 9.5.4 The Owner shall have the right of such temporary or trial usage, for such reasonable time as the Owner, Commissioning Agent, or the Architect deem proper. § 9.5.5 If the Contractor so elects, it may, without cost to the Owner ,make such trial usage. However, trials shall only be conducted with the Architect's and Commissioning Agent's prior approval and under observation by either of AIA Document A295^' - 2008. Copyright ®2008 byThe American Institute of Architects. All rights reservetl. WARNING: This AIA® Document Is protected by Init. U.S. Copyright Law and International TreMies. Unaulhorizatl reproduction or distribution of this AIA® Document, or any portion of it, may result in 27 severe civil and criminal penaHies, antl will he proseculetl to the maximum extent possible antler the Iaw.This tlocumeM was produced by AIA software at ) 14:22:47 on 03/12/2010 antler Order No.1000396152_t which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) them. Equipment and/or materials shall be replaced or rettuned to "as new" condition prior to acceptance by the Owner or Commissioning Agent. § 9.6 TAX EXEMPTION All purchases of supplies, construction or building materials shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. The Owner's State of Colorado tax identification number is 98-04557. The Owner's Federal Tax Identification Number is 84-6000563. § 9.7 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS § 9.7.1 Unless otherwise provided in the GMP Documents, the Contmctor shall secure and pay for the building pemtit as well as for other perntits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured and legally required at the time the Guaranteed Maximum Price is established. § 9.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 9.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 9.7.4 CONCEALED OR UNKNOWN CONDITIONS If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those upon which the parties relied in the development of the GMP Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 days after firs[ observance of the conditions. The Architect, Owner, and Construction Manager will promptly investigate such conditions and, if the Architect determines [hat [hey differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sttm or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the GMP Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor m writing, stating the reasons. If either party disputes the Archi[ecPs determination or recommendation, that party may proceed as provided in Article 13. § 9.7.5If, m [he course of [he Work, [he Contractor encounters human remains or recognizes [he existence of burial markers, archaeological sites or wetlands not indicated in [he GMP Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Construction Manager, Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary [o obtain governmental authorization required to resume the operations. The Contmctor shall continue to suspend such operations until otherwise instructed by [he Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 13. § 9.8 ALLOWANCES § 9.8.1 The Contractor shall include in the Contmct Sum all allowances stated in the GMP Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities [o whom the Contractor has reasonable objection. § 9.8.2 Unless otherwise provided in the GMP Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included m the Contract Sum but not in the allowances; and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 9.8.2.1 and (2) changes in Contractor's costs under Section 9.8.2.2. Init. AIA Document A298*" - 2008. Copyright©2008 by The American Institute of Architects. All rights resarvetl. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or tlistribution of this AIA® Document, or any portion of it, may resuk in 28 severe civil antl criminal penalties, and will be prosecuted to the maximum eztenl possible under the law. This document was produced by AIA software at / 14:22:47 on 0 3 /1 22 01 0 under Ober No.'1000396152_1 which expires on 04/22/2010, and is not for resale. User NOtas: (1781739831) § 9.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness § 9.9 SUPERINTENDENT § 9.9.7 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work ,The Superintendent shall remain on the Project Site, without substitution, until all punch list items have been completed to the satisfaction of the Architect and the Commissioning Agent. No subcontractor shall perform work on the site without the presence of the Superintendent or Assistant Superintendent. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 9.9.2 The Contractor, as soon as practicable after award of the Contract, shall famish in writing to the Owner, Construction Manager and the Architect the name and qualifications of a proposed superintendent. The Construction Manager, Architect or the Owner may reply within fourteen (14) days to the Contractor in writing stating (1) whether the Construction Manager, Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Construction Manager, Owner or Architect require additional time to review. Failure of the Construction Manager, Owner or Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 9.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not reasonably be withheld or delayed. TheContractor shall designate a second person in change in writing in the even[ the Superintendent is [emporazily absent due to illness, vacation, or any other cause(s). § 9.10 CONTRACTOR'S CONSTRUCTION SCHEDULES § 9.10.1 The Contractor shall submit for the Owner's and Architect's information a Contractor's Construction Schedule for the Work compliant with the AGC's Construction Scheduling Guidelines. The schedule shall not exceed time limits current under the GMP Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the Contractor's entire Work in the Project, and shall provide for expeditious and practicable execution of the Work. § 9.10.2 The Contractor shall prepare a submittal schedule as part of each phase above, and update it, promptly after the Owner's acceptance of the Guaranteed Maximum Price and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Construction Manager's and Architect's approval. The Construction Manager's and Architect's approval shall no[ unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's Construction Schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. Shop Drawings, Product Data, Samples and similar submittals required during the Construction Phase are not GMP Documents. § 9.10.3 The Contractor shall perform the Work in accordance with the most recent Contractor's Construction Schedule approved by the Constmction Manager ,Owner and Architect. § 9.10.4 This Contractor's Cons[mction Schedule will include, but is not limited to, work activities required by each section of the specifications as listed in the GMP Documents to complete the Work . The duration, sequence, cost for each work activity (separate amounts for labor and material), and dependency of the work activity on other work activities will be generated by the Contractor. The Construction Manager's Master Project Schedule is [o be used, among other functions, to provide a comprehensive planning tool for completion of both the Work and the Project. Contactor will cooperate fully with the Construction Manager in integrating the Contractor's Construction Schedute into the Master Project Schedule. § 9.10.5 Upon acceptance by the Constmction Manager and all Contractors, the Master Project Schedule shall supersede previously submitted schedules. Each updated Master Project Schedule shall supersede previous updates. § 9.10.6 The Contractor shall cooperate with the Construction Manager in scheduling and performing the Contractor's Work to avoid conflict, delay in or interference with the Work of other Contractors or the operations of the Owner's own forces. Init. AIA Document A295"-2006. Copydght©2008 by The American Institute of Architects. All rights reserved.WARNING: This AIA®DOCUment is protectetl by U.S. Copyright Law antl International Treaties. Unauthorized reproduction or distribution or this AIA® Document, or any portion of it, may resua in Z9 severe civil antl criminal penaaies, and will be prosecuted to the maximum extent possible antler the Iaw.This document was produced byAlA software at / 14:22:47 on 03/12Y2010 under Order No.1000396162_7 which expires on 04/22/2010, antl is not for resale. User Notes: (1781739831) § 9.10.7 The Construction Manager, together with the Contractor, will monitor the Master Project Schedule, and incorporate the Contractor(s) updates to their portions of this overall schedule. § 9.10.8 The Contractor will produce a short interval schedule on major weekly work activities. At each weekly job meeting this schedule will be reviewed by the Contractor with all affected Subcontractors and the Construction Manager. § 9.10.9 Delivery and Storage. The Contractor shall exercise due diligence in seeing that all equipment, material, and supplies are delivered in advance of the time they are needed on the job. § 9.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site with the Construction Manager for the Owner one copy of [he GMP Documents, in good order and mazked currently to indicate field changes and selections made during construction, and one copy of approved submittals provided during construction. These shall be available to the Architect and shall be delivered to the Owner upon completion of the Work as a record of the Work as constructed. § 9.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 9.12.1 Shop Dmwings are drawings, diagrams, models, schedules and other data specially prepared for [he Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. § 9.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information famished by the Contractor to illustrate materials or equipment for some portion of the Work. § 9.12.3 Samples aze physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § 9.12.4 The purpose of Shop Drawings, Product Data, Samples and similar submittals is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in [he GMP Documents for those portions of the Work for which the GMP Documents require submittals. Review by [he Architect is subject to the limitations of Section 9.26.5.2. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in [he GMP Documents. Submittals that aze no[ required by the GMP Documents maybe returned by the Architect without action. § 9.12.5 The Contractor shall review for compliance with the GMP Documents, approve and submit to the Architect, with a copy to [he Construction Manager, Shop Drawings, Product Data, Samples and similar submittals in accordance with the submittal schedule approved by the Architect or, in [he absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. § 9.12.6 By submitting Shop Drawings, Product Da[a, Samples and similaz submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information wntained within such submittals as consistent with the requirements of the Work and the GMP Documents. § 9.12.7 The Contractor shall perform no portion of the Work that requires submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. § 9.12.8 The Work shall be in accordance with approved submittals. § 9.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Dmwings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice, the Architect's approval of a resubmission shall not apply to such revisions. § 9.12.10 Before ordering any material or doing any Work, the Contractor shall verify all measurements for Work completed at the Project and shall be responsible for their accuracy. Any differences found shall be submitted to the AIA Document A295TM - 2008. Copyright ©2008 by The Amedcan Institute of Architects. All rights reservetl. WARNING: This AIA® Document is protected by Intt. U.S. Copyright Law and International Treaties. Unauthodzetl reproduction or tlistdbulion of this AIA® Document, or any portion of it, may resuk in 3D severe civil and criminal penalties, and will ba proseculetl to the maximum extent possible antler the Iaw.This Document was producetl by AIA software at / 14:22:47 on 03/12/2010 urxler Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User Notes: (1781739831) Architect for consideration before proceeding with the Work. The Contmctor shall use its utmost efforts to identify discrepancies in dimensions in a timely fashion and notify the Owner and Construction Manager of these prior [o commencing any work affected by the ambiguous dimensions. No extra charge or compensation shall be allowed because of differences between actual measurements and the dimensions indicated on [he drawings. § 9.13 USE OF SITE § 9.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the GMP Documents and shall not unreasonably encumber the site with materials or equipment. § 9.13.2 Protection of construction materials and equipment stored at [he Project Site from weather, theft, vandalism, damage or all other adversity is solely the responsibility of the Contractor and its subcontractors, to [he extent that such losses are not covered by builder's risk insurance. § 9.13.3 Inning the performance of the Work required by this Agreement, the Contractor or SubconDactor, will use such entrances [o the construction site that maybe designated by the Owner . These entrances maybe reviewed and changed from time to time by the Owner. § 9.13.4 The Owner shall be responsible for snow removal only on public streets which have been dedicated [o the City. Snow removal within the site for the purpose of performing and protecting Work shall be the responsibility of the Contractor. § 9.13.5 Site Snow Management: Contractor acknowledges that the Project is to be built in an azea of heavy seasonal snows. Contractor shall be responsible for site snow removal and designated snow storage areas adequate [o store 100% (one hundred percent) of the snow from the site during the snow season. § 9.13.6 The Contractor shall erect and maintain a 8'-0" chain link fence azoand the perimeter of the cons[ntction site throughout the Construction Phase. The area inside the perimeter of the fence shall include aeeas adequate for 100% (one hundred percent) of site snow stomge. § 9.13.7 The Contractor shall be responsible for the mitigation and/or abatement of all noise, dust, erosion, fumes, traffic, recycling of construction materials, or other by-product of construction activity that have an adverse affect on the adjacent residents. Such mitigation and/or abatement shall comply with the Aspen Building Department and Aspen Engineering Department's requirement for a Construction Management Plan (CMP), including but not limited to, Ihrst Control, Erosion Control, traffic management, recycling, mud mitigation and clean up and Noise Control. § 9.13.8 Erosion Control: Contractor shall prepare and implement a S[ormwater Pollution Prevention Plan in accordance with EPA's National Pollutant Discharge Elimination System (NPDES) General Permit for s[ormwater discharges from large and Small Constmction Activities (effective June 3Q 2008). Any mud tracked onto public roadways shall be removed daily. § 9.13.9 The Contractor is advised that the project site area is subject to high winds. The Contractor shalt maintain all materials secured or tied down daily to prevent possible damage caused by flying materials and debris. § 9.13.10 The Contractor shall maintain access around the construction site. § 9.13.11 The Contractor shall furnish and maintain sufficient sanitary facilities for its own forces. The facilities of the existing buildings will not be available for construction use. § 9.13.12 Inappropriate Behavior: The Contractor shall control its employees and subcontractors on thejob site at all times. Alcohol and illegal drugs shall be strictly prohibited on the Project at all times. Any intoxicated person(s) shall be immediately removed from the Project. Workers shall dress in an appropriate manner on the Project at all times. Profanity and loud or offensive behavior shall be strictly prohibited, as well as any other activities deemed inappropriate [o the Owner. The Owner shall be entitled to demand the permanent removal from the Project of any person(s) who aze repeat offenders. § 9.13.13 The Contractor shall layout and mark any plantings, shrubs and trees which will requve removal a minimum Init. AIA Document A295"'-2008.Copyright®2008 byThe American Institute of Architects. All rtghts reserv®tl.WARNING: This AlA®DOCUment is protactetl by U. S. Copyright Law antl International TreMies. Unauthorized reprotluction or tlistrtbution of this AIA Document, or any portion of it, may resua in 31 severe civil and crtminal penaales, and will be prosecuted to the mazimum extent possible under the Iaw.This document was produced by AIA software at ) 14:22:47 on 03/12/2010 under Order No.1000396152_7 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) of five (5) business days prior to their removal. The Contractor shall notify the Architect and Construction Manager in writing immediately upon completion of this marking. The Construction Manager will then give permission for removal in writing to the Contractor. Plantings, shrubs, and trees shall not be removed or damaged without such permission. § 9.13.14 The Contractor shall provide all reasonable protection to prevent damage, injury or loss to, all persons at the site and all property at the site and adjacent thereto. The Contractor acknowledges the Project site is adjacent to existing structures which will be occupied during the performance of the Work. § 9.13.15 The Contractor shall notify all public utility companies a minimum of two (2) business days prior to the commencement of any work by it or its subcontractors in the vicinity of the utilities. No work shall commence until the utilities have been located and staked by the utility company or written consent from the Architect to proceed has been given to the Contractor. If the utility service must be interrupted, the Contractor shall notify the head of the local utility services, the Owner, the Architect, the Construction Manager, and the utility users affected by the interruption. Such notice shall consist ofdirect written communication, publication th a local newspaper, and/or amnouncement on local radio or television stations, whichever is most reasonably calculated to give notice to such utility users. § 9.14 CUTTING AND PATCHING § 9.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fittimg and patching, unless otherwise required by the GMP Documents. § 9.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such constmction, or by excavation. The Contractor shall not cut or otherwise alter such constmction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. § 9.15 CLEANING UP § 9.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials from and about the Project. § 9.15.2 If the Contractor fails to clean up as provided in the GMP Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. § 9.16 ACCESS TO WORK The Contractor shall provide [he Owner and Architect access to the Work in preparation and progress wherever located. § 9.17 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is requred by the GMP Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 9.181NDEMNIFICATION § 9.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Construction Manager, Constrnction Manager's consultants, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but no[ limited to attorneys' fees and expert witness 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 AIA Document A295TM - 2008. Copyright 02008 by The American Institute of Architects. All rights resenetl. WARNING: This AIA® Document is Drotectetl by Init. U.S. Copydght Law and International Treaties. Unauthonzetl reproduction or distribution of this AIA® Document, or any portion of it, may result in 32 severe civil and criminal penahies, antl will be prosecuted to the maximum extent possible antler the law. This document was protlucetl by AIA software at I 14:22:47 on 03/12/2010 antler Order No.1000396152_7 which ezpires on 04/22/2010, and is not for resale. User NOtes: (1781739831) of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by [hem or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed [o negate, abridge, or reduce other rights or obligations of indemnity [hat would otherwise exist as to a party or person described in this Section 9.18. In the event Contractor is liable for all or any portion of any claim, damages, losses or expenses, Contractor shall reimburse Owner for its reasonable attorneys' fees, expert witness fees, and costs incurred that are attributable to Contractor's pro rata share of liability. § 9.18.2 In claims against any person or entity indemnified under this Section 9.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they maybe liable, the indemnification obligation under Section 9.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. § 9.19 SUBCONTRACTORS § 9.19.1 DEFINITIONS § 9.19.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor [o perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the GMP Documents as if singulaz th number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a sepamte contractor or Subcontractors of a separate contractor. § 9.19.1.2 ASub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the GMP Documents as if singular in number and means aSub-subcontractor or an authorized representative of the Sub-subcontractor. § 9.19.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 9.19.2.1 The Contractor, as soon as practicable after execution of the Contract, shall furnish in writing to the Construction Manager, Owner and Architect the names of persons or entities (including those who aze to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Construction Manager, Owner and Architect may reply within 14 days to the Contractor in writing stating (1) whether the Construction Manager, Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that additional time is required for review. Failure of the Construction Manager, Owner or Architect to reply within the 14-day period shall constitute notice of no reasonable objection. § 9.19.2.2 The Contractor shall not contact with a proposed person or entity to whom the Construction Manager, Owner or Amhitect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 9.19.2.3 If the Construction Manager, Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Construction Manager, Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by [he difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of [he substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 9.19.2.4 The Contractor shall no[ substitute a Subcontractor, person or entity previously selected if the Construction Manager, Owner or Architect makes reasonable objection to such substitution. § 9.19.2.5 The Contractor shall, after receipt of Notice to Proceed and approval of the list of subcontractors and material suppliers, place orders for all equipment, materials, and supplies required for the Work with reasonable promptness. Contractor shall submit to the Construction Manager evidence that such orders have been placed. § 9.19.3 SUBCONTRACTUAL RELATIONS By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the GMP Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Init. AIA Document A298"'-4008.Copyright©2008 by The American Institute of Architects. All rights resarvetl.WARNING: This AIA®DOCUment is protected by U. S. Copyright Law antl international Treaties. Unauthorized reprotludion or distribution of this AIA® Document, or any portion of it, may resuh in 33 severe civil and criminal penaaies, and will be prosecuted to the maximum extent possible under the Iaw.This document waspmduced by AIA software at / 14:22:47 on 03/17/2010 under Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User Notes: (1781739831) Work, which the Contractor, by these Documents, assumes toward [he Construction Manager, Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Construction Manager, Owner and Architect under the GMP Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract ageement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the GMP Documents, has against the Owner. The Contractor shall require each Subcontractor to enter into similaz agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the GMP Documents and other documents to which the Subcontractor will be bound. The Contractor shall furnish to Owner and Construction Manager copies of all subcontractor agreements upon request. § 9.19.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 9.19.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .7 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 7.2.2 of the Owner-Contractor Ageement and only for [hose subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 9.19.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 9.79.4.3 Upon such assignment to the Owner under this Section 9.19.4, [he Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. § 9.20 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 9.20.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 9.20.7.1 The Owner reserves the right to perform construction or operations related to [he Project with the Owner's own forces, and to award sepazate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cos[ is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 13. § 9.20.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the GMP Documents in each case shall mean the Conhactor who executes each separate contract. § 9.20.1.3 The Owner shall provide through the Construction Manager for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of [he Contractor, who shall cooperate with them. The Contractor shall participate with the Construction Manager, other separate contractors and the Owner in reviewing then construction schedules in the context of this Master Project Schedule. The Contractor shall make any revisions to the construction schedule deemed necessary after ajointreview and mutual agreement with the Construction Manager and Owner. The Master Project Schedule and Contractor's Construction Schedule, as revised, shall then constitute the schedules to be used by the Construction Manager, the Contractor, sepazate contractors and the Owner until subsequently revised. § 9.20.1.4 Unless otherwise provided in the GMP Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights [hat apply to the Contractor under the Contract. AIA Document A295TM - 2009. Copyright ©2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA~ Document is protected by Inst. U.S. CopYd9ht Law and International Treaties. Unauthorizetl reproduction or tlistdbution of this AIA® Document, or any portion of il, may resua In 34 severe civil and criminal penahies, and will be prosecuted to the maximum extent possible antler the law. This document was produced by AIA software at / 14:22:47 on 03/12/2010 under Order No.1000396152_7 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) § 9.20.2 MUTUAL RESPONSIBILITY § 9.20.2.1 The Contractor shall afford the Owner, through the Construction Manager, and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of [heir activities, and shall connect and coordinate the Contractor's construction and operations with the1rs as required by the GMP Documents. § 9.20.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to [he Construction Manager and Architect in writing any apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of [he Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then discoverable through Contractor's reasonable diligence. § 9.20.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable [o a separate contractor because of the Contractor's delays, improperly timed activities, failure to properly protect work in place, or defectve construction. The Owner shall be responsible to the Contractor for costs [he Contractor incurs because of a separate contractor's delays, improperly timed activities, failure to properly protect work in place, damage to the Work, or defective construction. § 9.20.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner, separate contractors as provided in Section 9.25.2.5. § 9.20.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as aze described for the Contractor in Section 9.14. § 9.20.30WNER'S RIGHT TO CLEAN UP If a dispute arises among the Contractor, sepazate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Construction Manager will allocate the cost among those responsible. § 9.21 CHANGES IN THE WORK § 9.21.1 GENERAL § 9.21.1.1 Changes m the Work may be accomplished after execution of the Contract without invalidating the Contract, by Change Order, by the GMP Amendment, by Construction Change Directive or order for a minor change in the Work, subject to [he limitations stated in this Section 9.21 and elsewhere in the GMP Documents. § 9.21.1.1.1 Any increase or decrease to the Contract Time or Schedule resulting from changes to the GMP Documents shall be included in each Change Order. Responses to requests from the Owner, or Claims from the Contractor for an increase in the GMP shall include, if applicable, any request for change of the Contract Time or Schedule and the cost associated therewith. Tn the absence of an adequately documented request for change of the Contract Time or Schedule included m the request for a Change Order, no subsequent adjustment of the Contract Time or Schedule will be considered relative to such Change Order. § 9.21.1.1.2 The allowable overhead and profit on changes in the Work included in [he total cost to the Owner shall be based on the following schedule: .1 For the Contractor, for Work performed by the Contractor's own forces, ten percent (]0%) of the cost. .2 For the Contractor, for Work performed by the Contractor's Subcontractor, five percent (5%) of the amount due the Subcontractor. .3 For each Subcontractor or Sub-subcontractor involved, for Work performed by that Subcontractor or Sub-subcontractor's own forces, ten percent (10%) of the cost. .4 For each Subcontractor, for Work performed by [he Subcontractor's Sub-subcontractors, five percent (5%) of the amount due the sub-subcontractor. AIA Document A295TM - 2009. Copyright m 2008 6y The American Institute of Architects. All rights reserved. WARNING: This AIA'" Document is protectetl by Inlt. U.S. Copyright Law and International Treaties. Unauthodzetl reproduMion or tlistnbution of this AIA® Document, or any portion of it, may resua in 35 severe civil and criminal penalties, antl will be prosecuted to the maximum extent possible untler the law. This document was produced by AIA software at ) 14:22:47 on 03/12/2010 untler Order No.100039a152_1 which expires on 04/2212010, and is not for resale. User NOtes: (1781739831) .5 Cost to which overhead and profit is to be applied shall be determined in accordance with Subsection 9.21.3.7. § 9.21.1.1.3 Each Change Order request, Construction Change Directive price, or claim submitted by the Contractor shall be accomplished by a complete itemization of costs including labor, materials, and subcontracts. Subcontract pricing shall also be itemized. § 9.21.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requees agreement by the Owner and Architect and may or may no[ be agreed to by the Contractor, an order for a minor change in the Work may be issued by the Architect alone § 9.21.1.2.1 Notwithstanding anything m the GMP Documents to the contrary, Amendments or Change Orders shall not be binding on the City except as follows: § 9.21.1.2.2 Amounts under $5,000 require only Department Head signature; § 9.21.1.2.3 Amounts between $5,000 and $1Q,000 require City Manager signature; § 9.21.1.2.4 Amounts between $10,000 and $25,000 require City Attorney and City Manager signature; § 9.21.1.2.5 Amounts over $25,000 require City Council approval and signature by the Mayor, or a duly authorized official in his absence. § 9.21.1.3 Changes in the Work shall be performed under applicable provisions of the GMP Documents, and the Contractor shall proceed promptly, unless otherwise provided in the GMP Amendment, Change Order, Construction Change Directive or order for a minor change in the Work. § 9.21.2 CHANGE ORDERS § 9.21.2.1 A Change Order is a written instrument prepared by the Construction Manager and signed by the Owner, Contractor and Architect stating [heir ageement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 9.21.3 CONSTRUCTION CHANGE DIRECTIVES § 9.21.3.1 A Construction Change Directive is a written order prepared by [he Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Constmction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 9.21.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 9.21.3.3 If the Constmction Change Directive provides for an adjustment [o the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the GMP Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 9.21.3.7. § 9.21.3.4If unit prices are stated in the GMP Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to [he Owner or Contactor, the applicable unit prices shall be equitably adjusted. AIA Document A295" - 2008. Copyright 82008 by The American Institute of Architects. All fights reservetl. WARNING: This AIA® Document is protected by Init' U. S. Copyright Law and International Treaties. Unauthodzetl reproduction or tlistribution of this AIA® Document, or any portion of it, may resuh in 36 severe civil and criminal penalties, and will be proseculetl to the maximum extent possible under the law. This document was produced by AIA aottwam at / 14:22:47 on 03/12/2010 under Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) § 9.21.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 9.21.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's ageement therewith, including adjustment in Contract Sum and Contmc[ Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 9.21.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Construction Manager shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit in accordance with Section 9.21.1.1.2. In such case, and also under Section 9.21.3.3.3, the Contractor shall keep and present, in such form as the Construction Manager may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the GMP Documents, costs for the purposes of this Section 9.21.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance and permit fees related to the Work; and .5 Additional, actual costs of supervision and field office personnel directly attributable to the change. § 9.21.3.8 The amount of credit to be allowed by [he Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by [he Construction Manager. When both additions and credits covering related Work or substitutions aze involved in a change, [he allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 9.21.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applicafions for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be reasonably justified. The Architect's interim determination of cost shall adjust the Conuact Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 13. § 9.21.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contmct Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Constmction Manager will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 9.21.4 MINOR CHANGES IN THE WORK The Architect has authority to order minor changes in the Work no[ involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the GMP Documents. Prior to issuing a Minor Change, the Architect shall notify [he Owner and [he Contractor of the nature, extent and anticipated time of issuance of the proposed directive. The Architect and Contractor shall make adjustments to the GMP Documents to reflect the proposed directive for the review of the Owner, Architect and Contractor. If the Contractor should determine that the proposed directive will increase the cost and time of completion of the Work or impact the Contractor's ability to construct the work in accordance with the revised GMP Documents, then the Contractor shall so notify the Owner and the Architect. The Contractor shall not proceed without an approved Change Order or Constnrction Change Directive. § 9.22 TIME Init. AIA Document A295*'"-2008.Copyright®2008 byThe Amedcan lnstitule of Amhitects. All rights reservetl.WARNING: This AlA®DOCUment is protected by U.S. Copydght Law and International Treaties. Unauthorized reproduction or tlistdbution of this AIA® Document, or any portion of it, may resuk in 37 severe civil and criminal penaHies, antl will be prosecutetl to the maximum extent possible antler the law. This document was produced by AIA software at / 14:22:47 on 03/12/2010 under Ober No.1000396152_1 which expires on 04/22/2010, and is not for resale. User NMes: (1781739831) § 9.22.1 DEFINITIONS § 9.22.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the GMP Documents for Substantial Completion of the Work after commencement of Construction. § 9.22.1.2 The date of Substantial Completion is the date certified by the Architect in accordance with Section 10.1. § 9.22.1.3 The term "day" as used in the GMP Documents shall mean calendar day unless otherwise specifically defined. § 9.22.2 PROGRESS AND COMPLETION § 9.22.2.1 Time limits stated in the GMP Documents for the Substantial Completion of [he Work aze of the essence of the Contract. By executing the GMP Amendment the Contractor confirms that the Contract Time is a reasonable period for performing the Work § 9.22.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be fiunished by [he Contractor and Owner, and execution of the GMP Amendment. The date of commencement of the Work shall no[ be changed by the effective date of such insurance. § 9.22.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 9.22.2.4 The Contractor shall begin the Work within five (5) days of the date of commencement m the Notice to Proceed . The Contractor shall carry the Work forward expeditiously with adequate forces and shall achieve specific Contractual Milestone dates (if any), Substantial Completioq and Final Completion within the times stated in the GMP Documents. § 9.22.2.8 In the event that the Contractor fails, or appears likely to fail, to complete a Contractual Milestone or completion date as evidenced by the latest update of the Contractor's Construction Schedule, through no fault of the Owner or Architect or Construction Manager, or any of their employees, the Owner shall have the right to impose any or all of the following options: § 9.22.2.8.1 Require the Contractor to prepare a Recovery Plan to get back on schedule within ten (10) days. § 9.22.2.8.1.1 If the Recovery Plan proposed by the Contractor does not reflect completion of the Project by the applicable Contractual Milestone or completion dates in the current Contractor's Schedule, as adjusted, the Owner may unilaterally establish a Recovery Plan and the Contractor shall comply [herewith, and/or the Construction Manager may require the Contractor [o take any of [he actions set forth below and its subsections without additional cost to the Owner, Construction Manager, or Architect, to makeup the lag in scheduled progress. § 9.22.2.8.2 Require the Contractor to increase its work force, work overtime, and/or extra shifts, and do whatever else is requved by the Owner until Contractor gets back on schedule as established by the Contractor's Construction Schedule (including any updates thereto), such measures being at no extra cost to Owner . § 9.22.2.8.3 Withhold progress payment in accordance with Section 9.23.5.1 § 9.22.2.8.4 Contact or visit any factory, plant or distribution center whose production or delivery schedule may be causing a delay to the scheduled completion of the Work ,and expedite same, at Contractor's expense. § 9.22.2.8.5 Failure of the Contractor to substantially comply with the requirements of Section 9.22.2.8 shall be grounds for a determinafion by the Owner that the Contractor is m breach of this Contract by failing to prosecute the Work to ensure its completion within both the Contract Time and the updated Contractor's Construction Schedule. § 9.22.2.8.6 LIQUIDATED DAMAGES Should the Contractor fail to substantially complete the Work on or before the date set forth m the GMP Amendment, as adjusted by Change Order, the Owner shall deduct from any monies due or which may become due to Contractor, a sum as specified therein, for each and every calendar day that the Work shall Init AIA Document A295TM -2008.Copyright®2008 byThe American lns8tule of Architects. All dghts resenetl. WARNING This AIA"DOCUmeM is protected by U.S. Copyright Law antl International Treaties. Unaulhorizetl reproduction or tlistribution of this AIA® Document, or any portion of it, may resuk in 38 severe civil and criminal penahies, and will be prosecutetl to the maximum extent possible antler the law. This document was producetl by AIA software at / 14:22:47 on 03/12/2010 under Order No.1000396152_7 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) remain uncompleted. This sum shall be considered not as penalty but as the cost(s) of additional field and office expenses, additional consultants fees, and other expenses incurred by the Owner, caused by such delays. § 9.22.2.8.7 SCHEDULE OF LIQUIDATED DAMAGES: Owner shall deduct from Contractor Two Thousand Dollazs ($2,000 Dollars) for each day after the Date of Substantial Completion set forth in the GMP Amendment until the Work is substantially complete as that term is defined m Section 10.1.2 and Tlvee Thousand Dollazs ($3,000) for each day after [he Date of Final Completion of the Work unfit [he Work is finally complete as that term is defined in Section 10.2. The parties acknowledge and agee that the daily amounts set forth above for liquidated damages aze reasonable due to increased costs of administrating the Contract, and increased consultants' expenses, incurred by the Owner due to delays in completion. § 9.22.3 DELAYS AND EXTENSIONS OF TIME § 9.22.3.7 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, [he Construction Manager , any of their employees, or of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in transportation, unavoidable casualties or other causes beyond the Contractor's control; or by delay authorized by the Owner pending mediation; or by other causes that the Architect or Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect and Owner may determine. This provision shall not affect or limit the Owner's rights against any party other than the Contractor. § 9.22.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 13. § 9.22.3.3 This Section 9.22.3 does not preclude recovery of damages for delay by either party under other provisions of the GMP Documents. § 9.23 PAYMENTS § 9.23.1 CONTRACT SUM The Contract Sum is the total amount payable by the Owner to the Contractor for performance of the Work under the GMP Documents, subject to the Guaranteed Maximum Price. § 9.23.2 SCHEDULE OF VALUES The Contractor shall submit to the Architect, Owner, and Cons[mction Manager, before the first Application for Payment submitted for constmction of the Work, a Schedule of Values allocating [he entire Contract Sum to [he various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect, Owner, and Construction Manager may require. The Schedule of Values shall include a separate line item for monthly updating of the As-Built Record Drawings in electronic format. This Schedule of Values, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 9.23.3 APPLICATIONS FOR PAYMENT § 9.23.3.1 A[ least ten days before the date established for each progess payment, the Contractor shall submit to the Architect and Construction Manager an itemized Application for Payment prepared in accordance with the Schedule of Values, for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Construction Manager, Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the GMP Documents. § 9.23.3.7.1 As provided in Section 9.21.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.23.3.7.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend [o pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. AIA Document A295^' - 2008. Copydght 02008 by The Amedcan Institute of Architects. All rights reserved. WARNING: This AIA'" Document is protected by Init. U.S. Copyright Law and International Treaties. Unamhonzetl reprotluMion or tlistribution of this AIA® Document, or any portion of it, may resod in 39 severe civil antl criminal penalties, antl will be proseculetl to the maximum extent possible untler the law. This document was produced by AIA software al ( 14:22:47 on 03/12/2010 under Ober No.1000398152_1 which expires on 04/22/2010, and is not (or resale. User NOtes: (1781739831) § 9.23.3.2 Unless otherwise provided in the GMP Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similazly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by [he Contractor with procedures satisfactory to [he Owner to establish the Owner's title to such stored materials and equipment, which must be properly labeled with the Project identification, must be in a bonded warehouse, must be available for inspection by the Architect and Construction Manager, and must be accompanied by documentary evidence as to quantity and value of materials, including insurance on the materials as evidenced by a Certificate of Insurance or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off [he site. § 9.23.3.3 The Contractor warrants [hat title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. Evidence of payment for all work included in previous payments to the Contractor shall be provided in writing from each subcontractor and material supplier. § 9.23.3.4 As a condition precedent to payment, the Contractor shall demonstrate that the As-Built Record Drawings aze updated in electronic format, and the Contractor's Construction Schedule is updated, through the date of the Application for Payment. § 9.23.4 CERTIFICATES FOR PAYMENT § 9.23.4.7 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect detemtines is properly due, or notify the Contractor and Owner in wrung of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.23.5.1. § 9.23.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and [he data comprising the Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of [he Work is m accordance with the GMP Documents, and tha[the As-Build Record Drawings are updated in electronic format, and that the Contractor's Construction Schedule is updated, through the date of the Application for Payment. The foregoing representations are subject to the Architect's evaluation of the Work for conformance with the GMP Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviafions from the GMP Documents prior to completion and to specific qualifications expressed by the Owner or the Architect. The issuance of a Certificate for Payment will further constimte a representation [hat the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (I) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.23.4.3 The Construction Manager shall maintain a record of the Applications and Certificates for Payment. § 9.23.4.4 Retainage often percent (10%) will be withheld until the Contractor is fifty percent (50%) completed with the Construction Phase of the Work. Thereafter, the accumulated retainage may be held without additional retainage. § 9.23.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.23.5.7 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.23.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner with a concurrent copy to the Construction Manager as provided in Section 9.23.4.1. If the Contractor, Construction Manager and Architect cannot agree on a revised amount, the Architect will promptly AIA Document A295"' - 2009. Copyright 02008 by The American Institute of Architects. All dghts reserved. WARNING: This AIA"' Document is protected by Init. U.S. Copydght Law and International Treaties. Unauthodzed reproduction or tlistribution of this AIA® Document, or any portion of it, may resua in 4D severe civil and criminal penalties, antl will be prosecuted to the maximum extent possible under the Iaw.This document wasproctuced by AIA software at / 14:22:47 on 03/12/2010 under Order No.1000396152_1 which expires on 04/22/2010, antl is not for resale. User Notes: (nan39631) issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as maybe necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described th Section 9.3.2, because of .7 defec[iveWorknotremedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor, .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 damage to the Owner or a separate contractor, .5 reasonable evidence that the Work will no[ be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay, or .6 repeated failure to carry out the Work in accordance with the GMP Documents. .7 reasonable evidence the Work cannot be completed for the unpaid balance of the GMP; .8 contractor's failure to obtain necessary permits or licenses or to comply with applicable codes, regulations, or other laws; .9. failure to maintain current AsBuilt Record Drawings in electronic format; .10 failure to maintain a current, updated Constmction Schedule; .11 failure of the Contractor to comply with provisions of the GMP Documents. § 9.23.5.2 When the above reasons for withholding certification aze removed, certification will be made for amounts previouslywithheld. in the eventtheArchitect nullifiesapreviouslyissued Certificate for Payment,andtheOwnerhas, prior to such nullification, paid thereon, the Contractor shall promptly reimburse to the Owner amounts the latter had paid pursuant to the nullified Certificate for Payment. Alternately, the Owner may withhold payment in any subsequent Application for Payment, until the reasons for nullification of the previously issued project Certificate for Payment have been remedied. § 9.23.5.3 The Contractor shall not stop work or terminate the Contract if the Architect, should refuse to issue certification under Section 9.23.5 or its subsections or any other portion of the General Conditions as supplemented herein. § 9.23.5.4If the Architect withholds certification for payment under Section 9.23.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers [o whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment. § 9.23.6 PROGRESS PAYMENTS § 9.23.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the GMP Documents, and shall so notify the Architect. § 9.23.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similaz manner. § 9.23.6.2.1 The Contractor shall not withhold from any SubconDactor sums due the Subcontractor for completed Work which has been paid for by the Owner. Sums withheld by the Owner from the Contractor for deficiencies solely attributable to the Contractor shall not be grounds for the Contractor to withhold sums due to any Subcontractor. § 9.23.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if practicable, information regazding percentages of completion or amounts applied for by [he Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. AIA Document A298^' -2008. Copyright®2008 by The American Institute of Architects. All rights resarvatl. WARNING: This AIA® Document is protected by toll' U.S. Copydght Law antl International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of ft, may result in 41 severe civil antl criminal penaaies, and will be prosecuted to the maximum extent possible under the law. This document wasproctuced by AIA software at / 14:22:47 on 03/12/2010 under Order No.1000398152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) § 9.23.6.4 The Contractor shall provide written evidence to the Owner that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to [he Contractor for subcontracted Work, beginning with the second Application for Payment. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. § 9.23.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.23.6.2, 9.23.6.3 and 9.23.6.4. § 9.23.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of [he Project by [he Owner shall not constitute acceptance of Work not in accordance with the GMP Documents. § 9.23.6.7 Payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held in trust by the Contractor for those Subcontractors or suppliers who performed Work or famished materials, or both, under contract with [he Contractor for which payment was made by the Owner. § 9.23.7 FAILURE OF PAYMENT If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the GMP Documents [he amount certified by the Architect, then the Contactor may, upon 15 (fifteen) additional days' written notice to the Owner and Architect, stop the Work until payment of [he amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, plus interest as provided for in the GMP Documents. § 9.23.8 PARTIAL OCCUPANCY OR USE § 9.23.8.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate ageement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the GMP Documents. When the Contractor considers a portion substantially complete, [he Contactor shall prepare and submit a list to the Architect and Constmction Manager as provided under Section 10.1.4. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be detemtined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.23.8.2 Immediately prior to such partial occupancy or use, the Owner and Construction Manager, the Commissioning Agent, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and carefully document the condition of the Work. § 9.23.8.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of [he Work shall not constitute acceptance of Work not complying with the requirements of the GMP Documents. § 9.24 PROTECTION OF PERSONS AND PROPERTY § 9.24.7 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and progams in connection with the performance of the Contract. § 9.24.2 SAFETY OF PERSONS AND PROPERTY § 9.24.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; AIA Document A285" -2008. Copyright ®2008 byThe American Institute of Amhitects. All rights reserved. WARNING: This AIA® Document is protectetl by Init. U.S. Copynght Law and International Treaties. Unauthodzetl reprotluction or distribution of this AIA® Document, or any portion of it, may result in 42 severe civil and criminal penahies, and will be prosecutetl to the maximum extent possible under the law. This document was produced by AIA software al / 14:22:47 on 03/12/2070 under Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; and .3 other property a[ the site or adjacent [hereto, such as trees, shrbs, lawns, walks, pavements, roadways, strctures and utilities not designated for removal, relocation or replacement in the course of construction. § 9.24.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons or properly or their protection from damage, injury or loss. § 9.24.2.3 The Conhactor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguazds for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § 9.24.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of [he Work, the Contractor shall exercise utmost care and carry on such activities only under supervision of properly qualified personnel. The Contractor shall not use or store explosives or other hazazdous materials or equipment on the Project without the advance written consent of the Owner after 15 (fifteen) days written notice. § 9.24.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the GMP Documents) to properly referred to in Sections 9.24.2.1.2 and 9.24.2.1.3 caused in whole or m part by the Contractor, aSubcontractor, aSub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 9.24.2.1.2 and 9.24.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them maybe liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor aze in addition [o the Contractor's obligations under Section 9.18. § 9.24.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 9.24.2.7 The ConDac[or shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 9.24.2.81NJURY OR DAMAGE TO PERSON OR PROPERTY If Owner or Contractor suffers injury or damage to person or property because of an act or omission of the other, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other [o investigate the matter. § 9.24.3 HAZARDOUS MATERIALS § 9.24.3.1 The Contractor is responsible for compliance with any requirements included in the GMP Documents regarding hazardous materials. If [he Contractor encounters a hazardous material or substance not addressed in the GMP Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but no[ limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, Construction Manager and Architect in writing. § 9.24.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the even[ such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the GMP Documents, the Owner shall famish in writing to the Constrction Manager, Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or AIA Document A285^' - 2008. Copydght ®2006 byThe Amedcan Institme of Architects. All dghts reservetl. WARNING: This AIA® Document is protected by Init. U.S. Copydght Law and International Treaties. Unauthodzed reprotluction or tlistdbution of this AIA® Document, or any portion of it, may resuh in 43 severe civil antl cdminal penalties, antl will be prosecuted to the maximum extent possible antler the law. This document was protluced by AIA software at / 14:22:47 on 03/12/2010 antler Order No.1000396152_7 which expires on 04/22/2010, and is not Por resale. User Notes: (1781739831) substance or who aze to perform the task of removal or safe containment of such material or substance. The Construction Manager, Contmctor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Construction Manager, Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contmctor's reasonable additional costs of shut-down, delay and start-up. (Paragraph deleted) § 9.24.3.4 The Owner shall not be responsible under this Section 9.24.3 for materials or substances the Contractor brings to the site, to the extent of [he Contractor's fault or negligence in the use and handling of such materials or substances. § 9.24.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediafion of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contmctor fails to perform its obligations under Section 9.24.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. ~ (Paragraph deleted) § 9.24.4 EMERGENCIES In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 13 and Section 9.21. § 9.25 UNCOVERING AND CORRECTION OF WORK § 9.25.1 UNCOVERING OF WORK § 9.25.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the GMP Documents, i[ must, if requested in writing by the Construction Manager or Architect, be uncovered for [he Architect's examination and be replaced at the Contractor's expense without change m the Contract Time. § 9.25.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Construction Manager or Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the GMP Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the GMP Documents, such costs and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor hr which event the Owner shall be responsible for payment of such costs. § 9.25.2 CORRECTION OF WORK § 9.25.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by [he Architect or Commissioning Agent or failing [o conform [o the requirements of the GMP Documents, whether discovered before or after Substantial Completion and whether or no[ fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, [he cost of uncovering and replacement, and compensation for the Construction Manager's, Architect's and Commissioning Agent's services and expenses made necessary thereby, shall be at the Contractor's expense. § 9.25.2.2 AFTER SUBSTANTIAL COMPLETION § 9.25.2.2.1 In addition to the Contractor's obligations under Section 9.5, if, within two years after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.23.8.1, or by terms of an applicable special warranty required by the GMP Documents, any of the Work is found to be not in accordance with the requirements of the GMP Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contmctor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the two-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives [he rights to require correction by the Contractor. AIA Document A295"'-2008. Copyright©2008 6y The Amedcan Institute of Architects. All rights resenetl. WARNING: This AIA~' Document Is protectetl by Inlt. U.S. Copyright Law antl Inlemational Treaties. Unauthorized reprotluction or tlistdbution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, antl will be prosecuted to the maximum er<tent possible untler the Iaw.This document wasprotiuced by AIA software at / 14:22:47 on 03/12/2010 under Order No.1000398152_1 which expiros on 04/22/2010, and is not for resale. User NOtes: (1701739831) If the Contractor fails to correct nonconfornilng Work within a reasonable time during [hat period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 9.25.2.7. § 9.25.2.2.2 The two-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of [he Work. § 9.25.2.2.3 The two-year period for correction of Work shall be extended for any corrective Work performed by the Contractor pursuant to this Section 9.25.2. The obligation to correct the Work shall include any repairs and replacement to any part of the Work or other property that is damaged by the defective Work. However in no instance shall the duty to correct, repair or replace the Work provided under this section exceed a duration of three (3) years from the date of Substantial Completion. § 9.25.2.3 The Contractor shall remove from the site portions of the Work that aze not in accordance with the requirements of the GMP Documents and are neither corrected by the Contractor nor accepted by the Owner. § 9.25.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the GMP Documents. § 9.25.2.5 Nothing contained in this Section 9.25.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the GMP Documents. Establishment of the two-year period for correction of Work as described in Section 9.25.2.2 relates only to [he specific obligation of the Contractor to correct the Work, and has no relafionship [o the time within which the obligation to comply with the GMP Documents maybe sought to be enforced, nor to [he time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 9.25.2.60WNER'S RIGHT TO STOP THE WORK Upon commencement of the Work, if the Contractor fails to correct Work that is not in accordance with the requirements of the GMP Documents as required by Section 9.25.2 or repeatedly fails to tarty out Work in accordance with the GMP Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 9.20.1.3. § 9.25.2.70WNER'S RIGHT TO CARRY OUT THE WORK Upon commencement of the Work, if the Contractor defaults or neglects to carry out the Work in accordance with the GMP Documents and fails within aten-day period after receipt of written notice from [he Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Construction Manager's or Owner's or Architect's additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts chazged to the Contractor are both subject to prior approval of the Construction Manager. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. § 9.25.3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the GMP Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. § 9.26 ARCHITECT'S ADMINISTRATION OF THE CONTRACT § 9.26.1 The Architect shall provide administration of the Contract as set forth below. § 9.26.2 The Architect shall advise and consult with the Owner during the Construction Phase. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not AIA Document A295*' -2008. Copydght©2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by Init. U.a. Copyright Law antl International Treaties. Unauthorized reprotluclion or distribution of this AIA® Document, or any portion of rt, may result in 45 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible untler the law. This document was produced by AIA software at ) 14:22:47 on 03/12/2010 uMer Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User Notes: (1781739831) have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the GMP Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons of entities performing portions of the Work. § 9.26.3 The Architect responsibility to administer the Contract terminates on the date the Owner approves the final Certificate for Payment. § 9.26.4 EVALUATIONS OF THE WORK § 9.26.4.7 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 1.5.4 in the Agreement between the Owner and Architect, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the GMP Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the GMP Documents and from the most recent construction schedule, and (2) defects and deficiencies observed in the Work. § 9.26.4,2 The Architect has the authority to reject Work that does not conform to the GMP Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work m accordance with the provisions of the GMP Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 9.26.4.3 The Architect, in consultation with the other Project participants, shall interpret and decide matters concerning performance under, and requtrements of, the GMP Documents on written request of either the Construction Manager, Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits ageed upon or otherwise with reasonable promptness. § 9.26.4.4 Interpretations of the Architect shall be consistent with the intent of and reasonably inferable from the GMP Documents and shall be in writing or in the form of drawings. When making such interpretations, and decisions, the Architect shall not show partiality to either, and shall not be liable for results of interpretations rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the GMP Documents. § 9.26.5 SUBMITTALS § 9.26.5.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval The Architect's action in reviewing submittals shall be taken in accordance with [he approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable prompmess while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 9.26.5.2 In accordance with the Architect-approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, artless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall no[ indicate approval of an assembly of which [he item is a component. § 9.26.5.3 If the GMP Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify [he appropriate performance and design criteria that such services must satisfy. The Architect shall review shop drawings AIA Document A295"' -2008. Copyright®2006 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by Init. U.S. Copydght Law antl International Treaties. Unauthorized reprotluction or tlistdbution of this AIA® Document, or any portion of it, may result in 46 severe civil and Criminal penalties, antl will be prosecutetl to the maximum extent possible antler the Iaw.This Document was protlucetl by AIA software at ( 14:22:47 on 0 311 2/2 0 1 0 under Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. Usar NOtes: (1781739831) and other submittals related to the Work designed or certified by the design professional retained by the Contractor that beaz such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 9.26.5.4 The Architect shall review and respond to requests for information about the GMP Documents. The Architect shall se[ forth in the GMP Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepaze and issue supplemental Drawings and Specifications m response to requests for information. § 9.26.5.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the GMP Documents. ARTICLE 10 CLOSEOUT PHASE § 10.1 PROJECT COMPLETION § 10.1.1 The Architect shall conduct inspections [o determine the date or dates of Substantial Completion and the date of final wmpletion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the GMP Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the GMP Documents. § 10.1.2 Substantial Completion is [he stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the GMP Documents so [hat the Owner can occupy or utilize the Work for its intended use. § 10.1.3 The Construction Manager shall schedule the Architect's inspections to be conducted with [he Owner and the Commissioning Agent to check conformance of the Work with the requirements of the GMP Documents and to verify the accuracy and completeness of the list submitted by the Contractor of W ork to be completed or corrected. § 10.1.4 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepaze and submit to the Architect and Construction Manager a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the GMP Documents. § 10.1.5 Upon receipt of the Conttactor's list, the Architect and Commissioning Agent will make an inspection to detemilne whether the Work or designated portion thereof is substantially complete. If the Architect's or Commissioning Agent's inspection discloses any item, whether or not included on the Contractor's list, which is no[ sufficiently complete in accordance with the GMP Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notificafion by the Architect or Commissioning Agent. In such case, the Contractor shall then submit a request for another inspection by the Architect and Construction Manager [o determine Substantial Completion. § 10.1.6 When the Work or designated portion thereof is substantially complete, the Architect will prepaze a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work, and shall fix the 6me within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by [he GMP Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. AIA Document A295^' -2008. Copyright®2008 byThe Amedcan Institute of Architects. All dghts resarvetl. WARNING: This AIAm Document is protected by IDit. U. S. Copydgnt Law antl International Treaties. Unauthorized reproduction or distdbution of this AIA® Document, or any portion of It, may result in 47 severe civil antl crlminal penalties, antl will be prosecuted to the maximum extent possible untler the law. This document was produced by AIA software at / 14:22:47 on 0 3 /1 22 01 0 under Order No.1000396152_7 which expires on 04/22/2010, and is not for resale. Usar Notes: (1781739831) § 10.1.7 The Architect shall forward to the Owner the following information received from the Contactor. (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of claims or bonds indemnifying the Owner against claims; and (3) any other documentation required of the Contractor under the GMP Documents. § 10.1.8 Upon request of the Owner, and prior to the expiration of one yeaz from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. § 10.1.9 The Certificate of Substantial Completion shall be submitted to the Owner and ConDactor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof Such payment shall be adjusted for 200% of the value of the Work that is incomplete or not in accordance with the requirements of the GMP Documents. The value of the incomplete or noncompliant Work shall be based on the Cost to the Owner to complete or repair the Work using other Contractors. § 10.1.10 The Contractor shall provide a digital video record of all Owner staff training and commissioning of equipment. These videos will become a permanent part of all Operations and Maintenance manuals as applicable. § 10.1.11 The Contractor shall fimtish the Owner "As-built Record Drawings" on CD disk using AutoCAD Version 2004 or later, and one set of reproducible mylars, certified and stamped by an engineer licensed in the State of Colorado. The Architect shall furnish one set of the original bidding documents to the Contractor for this work as "backgrounds" in electronic media as described above. Record Specifications shall be similarly modified, using the latest version of MS Word Windows XP. The Contractor shall fitrnish the Owner "As-built Record Drawings" on compact disk at Final Completion. § 10.2 FINAL COMPLETION AND FINAL PAYMENT § 10.2.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance, and a Final Certificate of Occupancy has been obtained on each building, and upon receipt of a final Application for Payment, the Construction Manager will schedule the Architect and Commissioning Agent to promptly make such inspection and, when the Architect and Commissioning Agent find the Work acceptable under the GMP Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of [he Archi[ecPs knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the GMP Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 10.2.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 10.2.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or [he Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the GMP Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given [o the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the GMP Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such claim. If such claim remains unsatisfied after payments aze made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such claim, including all cosu and reasonable attorneys' fees. § 10.2.3 If, after Substantial Completon of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and [he Construction Manager or Architect so confirm, the Owner shall, upon application by the Contractor, or recommendation by [he Construction Manager, and certification by the Architect, and without terminating the Contract, make payment of the balance due AIA Document A298TM -2008. Copyright®2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected 6y Init. U.S. Copydght Law antl international Treaties. Unaulhodzetl reprotluclion or tlistdbutlon of this AIA® Document, or any portion of it, may resuk in ~ severe civil antl criminal penalties, antl will be prosecuted to the maximum extent possible untler the Iaw.This document was produced by AIA software at / 14:22:47 on 03/12/2010 under Order No.1000398152_1 which expires on 04/22/2010, and is not for resale. User Notes: (1781739831) for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the GMP Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 70.2.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .7 liens, Claims, security interests or encumbrances azising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the GMP Documents; or .3 terms of special walTanties required by the GMP Documents. § 70.2.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constimte a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 11 INSURANCE AND BONDS § 71.1 CONTRACTOR'S LIABILITY INSURANCE § 71.1.1 The Owner intends to purchase and maintain an Owner's Consolidated Insurance Program ("OCIP") to cover the liability insurance and excess liability insurance during the construction and completed operations phases of the Project. The OCII' is not expected to include any Workers' Compensation insurance coverage or professional liability insurance coverage. The OCIP will not provide any insurance coverage for the Project prior [o the start of construction. Until the OCIP insurance coverage is further clarified by addendum, the Contractor shall purchase from and maintain in a company or companies lawful ly authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations and completed operations under the Contract and for which the Contractor maybe legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them maybe liable: .1 Claims under workers' compensation, disability benefit and other similaz employee benefit acts that are applicable to the Work to be performed; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contactor's employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than [o the Work itself, because of injury to or des[mction of tangible property, including loss of use resulting therefrom; .6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of completed operations; and .8 Claims involving contractual liability insurance applicable to the Contractor's obligations under Section 9.18. § 11.7.2 The insurance required by Section 11.1.1 shall be written for no[ less than limits of liability specified in the GMP Documents or required bylaw, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor's completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the GMP Documents, or until the end of the Colorado statute of repose, whichever is longer. § 11.7.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 10.2 and thereafter upon renewal or replacement of such coverage until the expiration of [he time required by Section 11.1.2. Information concerning Init. AIA Document A295^'-2008.Copyright®2008 hyThe American Institute of Amhitects. All rights mserved.WARNING: This AIA®DOCUment is protected by U. S. Copyright Law and International Treaties. Unamhodzed reproduction or distribution of this AIA® Document, or any portion of It, may resuN In 49 severe civil and criminal penaNies, antl will be prosecuted to the maximum extent possible antler the law. This document wasprodaced by AIA software at ) 14:22:47 on 03/12/2010 under Ober No.1000396152_i which expires on 04/22/2010, and is not for resale. User Notes: (1781739831) reduction of coverage on account of claims paid under the General Aggregate, shall be famished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the GMP Documents to include (1) the Owner, the Construction Manager, the Architect and the Architect's consultants as additional insureds for claims caused th whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. § 11.1.5 Limits of Insurance: .1 Workers' Compensation insurance to cover obligations imposed by applicable Colorado laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOU- SAND DOLLARS ($SOQ,000.00) disease -policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -each employee. The policy shall contain a waiver of subrogation in favor of the Owner. .2 Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form properly damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, XCU, independent conDactors, products; and completed operations. The policy shall contain a severability of interests provision and a waiver of subrogation in favor of the Owner. .3 Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Contractor's owned, hired and non-owned vehicles assigned to or used in performance of the Work. The policy shall contain a severability of interests provision and a waiver of subrogation in favor of the Owner. .4 Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. § 11.1.6 Failure t0 maintain insurance: Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which Owner may immediately terminate this contract, or at its discretion Owner may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by Owner shall be repaid by Contractor to Owner upon demand, or Owner may offset the cos[ of the premiums against monies due from Owner. § 11.1.7 Insurante PdiCies: Owner reserves the right to request and receive a certified copy of any policy and any endorsement thereto. § 11.1.8 Govemmental Immunity: The parties hereto understand and agree that Owner is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occturence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to Owner, its officers, or its employees. §11.1.9 Owner's Insurante: The parties hereto understand that the Owner is a member of the Colorado Intergovern- mental Risk Sharing Agency (CIItSA) and as such participates in the CIRSA Property/Casualty Pool Copies of the C112SA policies and manual are kept at the City of Aspen Finance Department and are available to Contractor for inspection during normal business hours. Owner makes no representations whatsoever with respect to specific coverages offered by CIRSA. Owner shall provide reasonable notice of any changes in its membership or participation in CIRSA. §11.1.10 Deductible: The Contractor shall pay any amounts not covered because of a deductible Init. AJA Document A295TM -2008. Copyright02008 byThe Amedcan Institute of Architects. All rights reserved.WARNING: This AIA°'DOCUment is protectetl by U. S. Copyright Law and International Treaties. Unauthodzed reproduction or distdbutlon of this AIA® Document, or any portion of il, may result in rJD severe civil antl criminal penalties, antl will be prosecuted to the maximum extent possible antler the law. This Document was produced by AIA software at / 14:22:47 on 03/12/2010 under Order No.1000398152_t which expires on 04/22/2010, and is not for resale. User Notes: (1781739931) § 11.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for pwchasing and maintaining the Owner's usual liability insurance. § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications, Amendments, and cost of materials supplied or installed by others, comprising total value for [he entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the GMP Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 10.2 or until no person or entity other than [he Owner has an inswable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Construction Manager, the Contractor, Subcontractors and Sub-subcontractors in the Project. § 11.3.1.1 Property inswance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, inswance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such inswed loss. (Paragraph deleted) § 11.3.1.3 If the property insurance requires deductibles, the Contractor shall pay costs no[ covered because of such deductibles. § 11.3.1.4 This property insluance shall cover portions of the Work stored off the site, and also portions of the Work in transit. § 11.3.1.5 Partial occupancy or use in accordance with Section 9.23.8 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contmctor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.3.2 BOILER AND MACHINERY INSURANCE The Contractor shall pwchase and maintain boiler and machinery inswance required by the GMP Documents or by law, which shall specifically covet such inswed objects during installation and until final acceptance by the Owner; this insurance shall include interests of [he Owner, Construction Manager, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insweds. § 11.3.3 LOSS OF USE INSURANCE The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. § 11.3.4If the Contractor requests in writing that inswance for risks other than those described herein or other special causes of loss be included in the property inswance policy, the Contractor may include such insurance, and the cost thereof shall be submitted to the Owner for a determination regarding incorporating the cost into the GMP. § 11.3.5 Before an exposure to loss may occur, the Contractor shall file with the Owner a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Owner. AIA Document A295"'-2008. Copyright©2008 byThe American Institute o(Arohitects. All rights reserved. WARNING: This AIAv' Document is protected by Inst. U.S. Copydght Law and International Treaties. Unauthodzed reproduction or distdbution of this AIA® Document, or any portion of it, may resua in rJ1 severe civil antl criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software al ~ 14:22:47 on 03/12/2010 under Order No.1000396152_7 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) § 11.3.6 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against (1) each other and any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, Construction Manager, separate contractors described in Section 9.20, if any, and any of their Subcontractors, Sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to [his Section 11.3, except such rights as they have to proceeds of such insurance held by the Owner. The Owner or Contractor, as appropriate, shall require of [he Architect, Architect's consultants, Construction Manager, separate contmc[ors described in Section 9.20, if any, and the Subcontractors, Sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest m the property damaged. § 11.3.7 A loss insured under the Contractor's property insurance shall be adjusted by the Owner in good faith and made payable to the Owner for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause andof Section 11.3.10. The Contractor shall pay Subcontractors theirjust shares of insurance proceeds received by the Contractor, and by appropriate written agreements, shall require Subcontractors to make payments to [heir Sub-subcontractors in similar manner. § 11.3.8 The Owner shall deposit in a sepazate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined by Court Order. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in [he Work in accordance with Section 9.21. § 11.3.9 The Owner shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. (Paragraph deleted) § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Contractor shall famish bonds covering faithful performance of the Contract and payment of obligations arising thereunder, each in the amount of the full Contract Sum for Preconstruction Services, on the date of execution of the Contract. Upon acceptance of the Guaranteed Maximum Price by [he Owner and execution of the GMP Amendment, such bonds shall be increased to an amount equal to the Guaranteed Maximum Price plus Prewnstruction Services. Such bonds shall be issued by a surety company licensed in Colorado, with an A.M. Best rating of at least A-, included on the U.S. Treasury Department's listing of approved sureties, and acceptable to [he Owner. § 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be famished. § 11.4.3 The bond fore shall be Performance Bond - AIA Document A312, 1984 Edition, pages one through and including seven, including a certified Power of Attorney. § 11.4.4 Performance and Payment Bonds maybe required by the Owner, a[ [he Owner's sole discretion, from subcontractors. If the Owner requests performance and payment bonds from subcontractors, then the Owner will pay such actual, additional expenditures as Cost of the Work. § 11.4.5 The Contractor shall also furnish maintenance bonds as required under the GMP Documents AIA Document A295" -2008. Copyright 02008 by The American InsBtule of Architects. All rights reserved. WARNING: This AIA`" Document Is protectetl by Init. U. S. Copydght Law and International Treaties. Unau[hodzetl reprotluction or tlistdbution of this AIA® Document, or any portion of it, may result in 52 severe civil antl criminal penalties, antl will be prosecutetl to the maximum extent possible under the Iaw.This document was produced by AIA soaware at / 74:22:47 on 03/12/2010 under Ober Na1000396152_1 which expires on 04/22/2010, and is not for resale. User Notes: (1781739831) ARTICLE 12 MISCELLANEOUS PROVISIONS § 12.1 SUCCESSORS AND ASSIGNS § 12.1.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained m [he GMP Documents. Except as provided in Section 12.1.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under [he Contract. § 12.1.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under [he GMP Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 12.2 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice. § 12.3 RIGHTS AND REMEDIES § 12.3.1 Duties and obligations imposed by the GMP Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 12.3.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. § 12.4 TESTS AND INSPECTIONS § 12.4.1 Tests, inspections and approvals of portions of the Work shall be made as required by the GMP Documents and by applicable laws, statutes, ordinances, cafes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections aze to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 12.4.2 If the Architect, Owner or public authorities havingjurisdiction determine [hat portions of the Work require additional testing, inspection or approval not included under Section 12.4.1, the Architect will, upon written authorization from the Owner, ins[mct the Conttactor [o make arrangements for such additional testing, inspection or approval by an entity acceptable to [he Owner, and the Contractor shall give timely notice to [he Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 12.4.3, shall be at the Owner's expense. § 12.4.3 If such procedures for testing, inspection or approval under Sections 12.4.1 and 12.4.2 reveal failure of the portions of the Work to comply with requirements established by the GMP Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at [he Contractor's expense. § 12.4.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the GMP Documents, be secured by the Contractor and promptly delivered [o the Architect. § 12.4.5 If the Architect is to observe tests, inspections or approvals required by the GMP Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 12.4.6 Tests or inspections conducted pursuant to the GMP Documents shall be made promptly to avoid unreasonable delay in the Work. Init. AIA Document A298"-2006. COpydght®2008 byThe American Institute of Amhitects. All rigMS reservetl.WARNING: This AIA®Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or tlistri6ution of this AIA® Document, or any portion of It, may resuh in 53 severe civil antl criminal penaaies, antl will be prosecutetl to the maximum extent possible under the law. This document was produced by AIA software at ( 14:22:47 on 03/12/2010 under Order No.1000398152_1 which expires On 04/22/2010, and is not for resale. User Notes: (1781739831) § 12.51NTEREST Payments due and unpaid under the GMP Documents shall bear interest from the date payment is due at the legal rate prevailing m Colorado of eight percent (8%) per annum, compounded annually. No interest shall be due to the Contractor for payments retained or withheld as a result of subcontractor or materialmen claims. No interest shall be due to the Con[mctor on retainage withheld due to incomplete or defective Work. § 12.6 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with Article 13 within the time period specified by Colorado law. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 12.6. ARTICLE 13 CLAIMS AND DISPUTES § 13.1 CLAIMS § 13.1.1 DEFINITION A Claim is a demand or assertion by the Owner, or Contractor seeking, as a matter of right, payment of money, or other relief with respect to disputes and matters in question between arising out of or relating to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Conhact. The responsibility to substantiate Claims shall rest with the party making the Claim. § 13.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Construction Manager.. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 13.1.2.1 Claims against the Owner shall be in the form of a written notice containing the name and address of the claimant, and the name and address of the attorney, if any; a concise statement of the basis of the claim, including the date, time, place, and cvcumstance of the act, omission, or event complained of; a concise statement of the nature and extent of the injury claimed to have been suffered; and a statement of the amount of monetary damages that is being requested. § 13.1.3 CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.23.7 and Article 7 of the Owner-Contractor Agreement, the Contractor shall proceed diligentty with performance of the Contract and the Owner shall continue to make payments in accordance with the GMP Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the h»tial Decision Maker. § 13.1.4 CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 9.24.4. § 13.1.4.1 In no event shall adjustment to the Contract Sum be made for conditions of which the Contractor knew or should have been known, or which would have been noticed by a Contractor of similar experience pursuant to on-site inspection, by conditions referenced in any other inspections or tests concerning the site which have been made available to the Contractor, which have been performed by the Contractor or its subcontractors, or are part of the GMP Documents used in constructing the improvements. § 13.1.SCLAIMS FOR ADDITIONAL TIME § 13.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. Init. AIA Document A295"-2009. Copyrightm2008 by The American Institute of Architects. All dghts reservatl.WARNING: This AIA®DOCUment is protectetl by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 54 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the Iaw.This document was produced by AlA Software at / 14:22:47 on 03/12/2010 under Order No.1000396152_t which expires on 04/22/2010, and is not for resale. User Notes: (1791739631) § 13.1.5.2If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled constmction. § 13.1.5.3 Extensions of the Contract Time for delays due to weather conditions may be made only when such conditions are more severe and extended than those reflected by the ten-year average for the month as evidenced by the Colorado Climate Data maintained by Colorado State University, Fort Collins, Colorado, or other data as mutually agreed between Owner and Conhac[or, for the project area. Extensions of time due to weather will be granted on the basis ofone-and-four-tenths (1.4) calendar days added for every working day lost, with each separate extension figured to the neazest whole calendaz day. The extension of the Contract Time for weather conditons will occur only in the event that the weather in question impacted activities on the critical path of the Contractor's current Construction Schedule. (Paragraphs deleted) § 13.21NITIAL DECISION § 13.2.1 Claims arising after the commencement date of the Work, excluding those arising under Sections 9.24.3, 9.24.4, 11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maket. Except for those Claims excluded by this Section 13.2.1, an initial decision shall be required as a condition precedent to mediation of any such Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 13.2.2 The Initial Decision Maker will review Claims and within [en days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Ltitial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Inifial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 13.2.3 Tn evaluating Claims, [he Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. § 13.2.4If the Initial Decision Maker requests a party to provide a response [o a Claim or [o furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be famished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in par[. § 13.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Conuact Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 13.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 13.2.6.1. § 13.2.6.1 Either party may, within 30 days from the date of an initial decision, demand m writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, [hen both parties waive their rights [o mediate or pursue binding dispute resolution proceedings with respect to the initial decision. Init. AIA Document A295^'-1008.Copyright®2008 by The American lns8tule of Architects. All rights reserved.WARNING: This AtA®DOCUment is protected by U.S. Copydght Law antl International Treaties. Unaulhonzetl reproduction or distribution of this AIA Document, or any portion of it, may result in 55 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the Iaw.This document was produced by AIA software at ) 14:22:47 on 0 3/1 22 0 1 0 antler Order No.1000396152_7 which expires on 04/22/2010, and is not for resale. Usar NOtas: (1781739031) § 13.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 13.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 13.3 MEDIATION § 13.3.1 Claims, disputes, or other matters in controversy arising out of or related to [he Project except those waived as provided for in Sections 10.2.4, 10.2.5, and 13.1.6 shall be subject to mediation as a condition precedent to litigation. Venue and jurisdiction for any suit brought to enforce [he terms of this Agreement shall be in Pitkin County District Court, State of Colorado. § 13.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the Judicial Arbiter Group, Denver, Colorado, in accordance with Construction Industry Mediation Procedures in effect on the date of the Owner-Contractor Agreement. A request for mediation shall be made m writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediaton. The request maybe made concurrently with the filing of litigation but, in such event, mediation shall proceed within 60 days from the date of filing, unless stayed for a longer period by agreement of the parties. § 13.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Aspen, Colorado. Written Agreements, executed by the parties, reached in mediaton shall be enforceable as settlement agreements in any court having jurisdiction thereof. ARTICLE 14 OWNER'S ADDITIONAL SPECIFIC CONCERNS § 14.1 Notwithstanding the above, the Owner has a unique set of stakeholders with which the Owner must cooperate and coordinate. The Contractor shall cooperate with the Owner and the Owner's stakeholders throughout the Project when requested by the Owner. .1 The Contractor shall participate once per month in a progress meeting with the Owner, including a walk-through of the site. 2. The Owner may request tours from Ume to time of the project and the site. The Contractor shall indicate in writing when such activity will be permitted and when the site is off limits. These requirements shall be coordinated through the Construction Manager. ARTICLE 15 Illegal Aliens -CRS 8.17.5.101 & 2476.5.101 § 15.1 Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to [he employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the Owner, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a Contractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include terrain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. § 15.2 Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the Owner. .1 "E-verify program" means the electronic employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is jointly administered by the United Slates Department of Homeland Security and the social security Administration, or its successor progam. .2 "Department program" means the employment verification program established pursuant to Section 8-17.5-102(5)(c). .3 "Public Contract for Services" means this Agreement. AIA Document A295TM - 2008. Copyright m 2008 byThe American Institute of Architects. All rights reservetl. WARNING: This AIA® Document fs protected by Init. U.S. Copyright Law and International Treaties. Unamhodzetl reprotluction or distribution of this AIA® Document, or any portion of il, may resuh in rs severe civil antl criminal penalties, and will be prosecuted to the maximum extent possible untler the Iaw.This document wasproriuced by AIA sofhvare al / 14:22:47 on 03/12/2010 ureter Order No.1000396152_7 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) .4 "Services" means the famishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. § 15.3 By signing this document, Contractor certifies and represents that at this time: .1 Contractor shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services; and .2 Contractor has participated or attempted to participate in either the e-verify program or the department progam in order to verify [hat new employees are not illegal aliens. § 15.4 Contractor hereby confimis that: .1 Contractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. .2 Contractor shall not 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. .3 Contractor has confirmed the employment eligibility of all employees who are newly Mred for employment [o perform work under the public contract for services through participation in either the e-verify progam or the department program. .4 Contractor shall not use the either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. .5 If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall: .1 Notify such subcontractor and the Owner within three days that Contractor has acmal knowledge that the subcontractor is employing or subcontracting with an illegal alien; and .2 Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not stop employing or contracting with the illegal alien; except that Contractor shall not terminate the Public Contract for Services 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. .6 Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.RS. .7 If Contractor violates any provision of the Public Contract for Services pertaining [o the duties imposed by Subsection 8-17.5-102, C.RS. the Owner may [ermnate this Ageement. Ifthis Ageement is so terminated, Contractor shall be liable for actual damages to the Owner arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. (Paragraphs deleted) Init. AIA Document A295TM-2008. CopydgM©2008 byThe Amedcan lnstitule of Architects. All rights reserved.WARNING: This AlA®DOCUmenr is protected 6y U.S. Copyright law and Intemalional Treaties. Unauthodzed reproduction or distribution of this AIA® Document, or any portion of it, may resuh in 57 severe civil antl criminal penaaies, antl will be prosecutetl to the maximum extent posslDle antler the Iaw.This document was produced byAlA software at ( 14:22:47 on 03x12/2070 under Older No.1000396152_i which expires on 04/22/2010, and is not for resale. User Notes: (178 7 7398 31) Additions and Deletions Report for AIA Document A295'M - 2008 This Adtlitions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlinetl. Deleted tent is indicated with a horizontal line through the original AIA text. Note: This Atlditions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 14:22:47 on 03/12/2010. PAGE1 Burlineame Ranch -- Phase II Harmony Road Ashen, Colorado City of Aspen 130 South Galena Street Ashen, Colorado 81611 THE ARCHITECT: OZ Architecture 1805 29'" Street, Suite 2054 Boulder CO 80301 Phone: (303)449-8900 Fax: (3031449-3886 Contact: Eduardo Illanes ei Ilanes(c1~,ozarch.com ~**^-^° '°°°' °~°^~° °°a ^aa-°^^`Haselden Construction 6950 South Potomac Street Centennial, CO 80112 (303)751-1478 Contact: Byron Haselden bvronhasel den(a~haselden.com THE CONSTRUCTON MANAGER: Rider Levett Buclcnall 1621 Eishteenth Street, Suite 255 Denver. CO 80202 Phone: (720)904-1480 Fax: (720)904-1481 Contact: Peter I{nowles Peteclmowles@us. rl b.com THE COMMISSIONING AGENT: Addkions antl Deletions Report for AIA Documem A295TM -2008. Copynght02008 by The American Institute of Architects. All fights reserved. WARNING: This AIA® Documem is protected by U.S. Copyright Law antl International Treaties. Unauthorized reprotluction or distribution of this AIA® Document, ~ or any portion of it, may result in severe civil antl criminal penaNies, and will be proseculetl to the maximum extent possible untler the law. This tlocument was produced by AIA software at 14:22:47 on 03/12/2010 untler Ortler No.1000396162_1 which expires on 04/22/2010, antl is not for resale. User NOtes: (1761739831) Engineering Economics. Inc. 780 Simms Street. Suite 210 Golden CO 80401 Phone: (303)239-8700 Fax: (3031239-9982 Contact: Jarrell Wenger PAGE2 Teor cor ^zoTABLE OF ARTICLES PAGE 17 Burlingame Ranch Phase II: Planning, denim and development for the Citv of Aspen's Burlingame Ranch Phase II affordable housine development, including a new affordable housine faciliri similar to Burlingame Ranch Phase including new construction of roads. infrastructure and 161 additional multifamily units plus platting for 6 single family lots Contractor at Risk with the help of the Il'D team as described herein 1 Design phase milestone dates: Begin Pre-Construction: January 25, 2010 Conceptualization Phase: Initial meeting Mazch 25. 2010 Criteria Denim Phase: TBD Detailed Design Phase: Completed Julv 23. 2010 GMP Bid Due: August 6.2010 Additions and Deletions Report for AIA Documenrt A296TM - 2008. Copyright ©2008 by The American Instllute of Architects. All rights reservetl. WARNING: This AIA® Document is protecletl by U.S. Copyright Law and International Treaties. Unauthorized reproduction or tlisttlbution of this AIA® Document, 2 orany portion of k, may resua In severe civil and criminal penahies, and will be prosecuted to the maximum extant possible under the law. This document was produced by AIA software at 74:22:47 on 03/12/2010 under Order No.1000396162_i which expires on 04/22/2010, and is not for resale. User NOtas: (1781739837) § 1.2.3 The Owner's Budget for the ",:a-'.~: Horizontal: TBD Vertical: TBD PAGE 12 TBD .4 Other: Final Completion TBD n:_. ......n,... ,.,.a,. .._ ..~__.._ .............. _,.,.t.,.,.,... I The Owner anticipates that the Proiect will be constructed in 4 different phases of approximately 40 units per phase. However the Project phasing is subject to further development during the Preconstmction Phase and could be revised at a later date. Aspen Fire Protection District A rnPn - Pitlrin FH'i rient Rnild Aspen Engineering Department Construction Management Plan Proiect Manager: Chris Everson City of Aspen 130 South Galena Street Aspen, Colorado Construction Manager: Peter I{nowles Rider Levett Bucknall 1621 Eighteenth Street, Suite 255 Denver CO 80202 Phone:720-904-1480 Fax: 720-904-1481 Addkions and Deletions Report for AIA Document A285*" -2008. Copynght02008 by The American Institute of Architects. All dghts reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unautnorized reproduction or distdbution of this AIA® Document, 3 or any portion of k, may resuh in severe civil and cdminal penalties, antl will be prosecuted to the maximum extent possible antler tha law. This document was produced by AIA sotlware al 14:22:47 on 03/12/2010 under Order No.1000396152_7 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) CTLIThomoson, Inc. 1971 West 12th Avenue Denver, Colorado 80204 Phone: (303)825-0777 Fax: (303)825-4252 Contact: John Mechline .2 Other, if any: Commissionine Aeent Eneineerine Economics. Inc. 780 Simms Street, Suite 210 Golden, CO 80401 Phone: (3031239-8700 Fax: (303)239-9982 Contact: Jarrell Weneer Jarrell Weneer(r1~,eeieneineers.com .3 Other: Material Testine Firm TBD .4 Other: Entitlements Consultant TBD PAGE 73 Eduardo Illanes OZ Arohitecture 1805 29th Street Suite 2054 Boulder. CO 80301 Phone: (303)449-8900 Fax: (3031449-3886 a Sit~t~~.aaf' Lz.s::.eef.7 Structural Enaneer: Monroe & Newell Eneineers, Inc. 619 Main Street, Suite 7 Frisco. Colorado 80443 970-668-3776 Contact Peter Monroe, Partner PMonroe(n,monrce-Hewett. com ABS Consultants. Inc. ] 530 16th Street, Suite 400 Adtldions and Deletions Report for AIA Document A295TM - 2008. Copyright©2008 by The Amedran Institute of Amhilecls. All rights reserved. WARNING: This AIA® Document is protectetl by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 4 or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This Document was produced by AIA software at 14:22:47 on 03/72/2010 untler Order No.1000398152_7 which expires on 04/22/2010, ant is not for resale. User Notes: .(1781738831) Denver. Colorado 80202 303-623-6200 Contact: Marc Able, P.E.. Partner mable(c~i absconsultants.com ABS Consultants Inc. 1530 16th Street, Suite 400 Denver. Colorado 80202 303-623-6200 Contact: Mazc Able, P.E., Partner mable(a~absconsultants.com .4 ^o'~°-a>~6-r<>°°-TOther: Civil En ip. Weer Alpine Engineering. Inc. 34510 I3ighwav 6, Unit A9 Edwards, Colorado 81632 970-926-3373 Contact: Kent Kriehn, PE-LS, Principal kriehn(c~izlpinecivil.com .5 Other: Land Planner Design Workshop 120 Main Street Aspen, Colorado 81611 970-925-8354 Contact: Richard Shaw, FASLA, Principal rshaw~a desienworkshop.com .6 Other: Landscape Architect Mt. Daly Enterprises, LLC 100 North Third Street, # 102 Carbondale Colorado 81623 970-963-9896 Contact: Julia Marshall, ASLA, Principal mtdalv(c~sopris.net .7 Other: Acoustics Consultant D.L. Adams Associates, Inc. 1701 Boulder Street Denver Colorado 802] 1 303-455-1900 Contact: Jeff Kwolkoski, P.E., Principal JKwolkoskina,dlaa.rom .8 Other: Wateroroofine Consultant Adtlhlons end Deletions Report for AIA Document A295*' -2908. CopyrightO2008 by The American InsStute ofArchitecfs. All rtghts reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, rJ or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible antler the law. This document was produced by AIA software at 14:22:47 on 03/12/2010 under Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) Professional Investieative Eneineers 6275 Jovice Drive, Suite 200 Arvada. Colorado 80403-7541 303-552-0177 Contact: Eric Amhaus. Department Manaeer eemhau ,calloie.com .9 Other: Plannute Facilitator: Vann Associates 230 East Hopkins Avenue Aspen, Colorado 81611 970-925-6958 Contact: Stlnnv Vann, Principal vannassociatesCa~comcast.net PAGE 75 Haselden Construction 6950 South Potomac Street Centennial. CO 80112 (303)751-1478 Contact: Bvron Haselden TBD TBD The Project consists of the whole of the Architect's Services and the Work as that term is defined in Section 1.3.1 above by all of the Owner's Separate Contractors as that term is defined in Section 9.20, and the professional services related thereto. The Drawings are the graphic and pictorial portions of the criteria desim, detailed desien, implementation, or Guaranteed Maximum Price Documents showing the design, location and dimensions of the Work, generally including Models, plans, elevations, sections, details, schedules and diagrams. The Specifications are that portion of the criteria desilm, detailed desierL implementation, or Guaranteed Maximum Price Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. AddaiOns antl Deletions Report for AIA Document A295^' -2008. Copyright02008 by The American Institute ofAmhitects. All rights reserved. WARNING: This AIA® Document is protectetl by U.S. Copyright Law antl International Treaties. Unauthodzetl reprotluction or distribution of this AIA® Document, s or any portion of it, may resuh in severe civil antl criminal penaaies, antl will De prosecutetl to the maximum extent possible under the law. This document was produced by AIA software at 14:22:47 on 03/12/2010 under Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work provided by the Construction Manager, Architect, the Architect's consultants, the Contractor, Subcontractors, or Sub-subcontractors under their respective ageements. Instruments of Service may include, without limitation, studies, surveys, Models, sketches, drawings, specifications, and other similar materials. PAGE 16 The GMP Documents comprise the Contract for Integrated Project Delivery. The Contract represents the entire and integated ageement between the Owner and the Contractor and supersedes prior negotiations, representations or ageements, either written or oral. The Contract maybe amended or modified only by a Modification. The GMP Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect's consultants, (2) between the Owner and a Subcontracmr or aSub-subcontractor, (3) between the Owner and the Architect or the Architect's consultants or (4) between the Contractor and the Constmction Manager or Construction Manager's consultants (5) between any persons or entities other than the Owner and the Contractor. , The Owner's Budget for the Work is the amount the Owner has budgeted to construct all elements of the Project designed or specified by the Architect and includes contractors' general conditions costs, overhead and profit. The Owner's Budget for the Work does not include the compensation of the "-°'~'°°•, Architect or the Construction Manager, the costs of the land, rights-of--way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. The Initial Decision Maker is the ^°-°°- n.t°..'ns°a ~^ "~° ^°-°^ `'^^'^^^'^_ " ^~°°^~°^"^ Architect who will render initial decisions on Claims in accordance with Section 13.2 and certify termination of the Owner-Contractor Ageement under Section 7.2.2 of the Owner-Contractor Agreement, A195-2008, Standard Form of Agreement Between Owner and Contractor for Integrated Project Delivery. § 1.4.1 The intent of the GMP Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The GMP Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required eRly-[o the extent consistent with the GMP Documents and reasonably inferable from [hem as being necessary to produce the indicated results. Where a conflict occurs between or within standards, specifications, and drawings, the more stringent or higher quality requirements shall apply. The precedence and coordination of the GMP Documents are as follows: .1 Addendum and modifications to the Drawings and Specifications take precedence over the original GMP Documents. .2 Should there be a conflict within the Specifications, or within the Drawings, or between the Drawings and Specification, the Architect shall decide which condition will Drovide [he best installation and his/her decision shall be final. .3 The Drawing and Specifications are intended to coordinate with each other. Anything shown on the Drawings but not mentioned in the Specification orvice-versa, shall be furnished as though soecifically shown and mentioned in both without anv extra charge. .4 The Drawings, for Durposes of clearness and legibility, are essentially diagrammatic, and although the sizes and locations of equipment are shown to scale wherever possible, the Contractors, both principal and subcontractors, are required to familiarize themselves with all the Work reouired by the Contract Documents. Each Contractor shall Drooerly coordinate his/her work with that of all other contractors. It is not within the scope of the Drawings to show all necessarv offsets, obstructions or structural conditions. It shall be the responsibility of each Contractor to plan, coordinate, and install his/her work in such a manner so as to conform Atltlitlons antl Delellons Report for AIA Document A295^' - 2008. Copyright ®2008 by The Amedcan Institute of Architects. All dghts reserved. WARNING: This AIA® Document is protectetl by U.S. Copyright Law antl imernatlonal Treaties. Unauthorized reproduction or distribution of this AIA® Document, ~ or any poM1ion of a, may result in severe civil antl cdminal penalties, antl will be prosecuted to the maximum extent possible antler the law. This Document was produced by AIA sotlware al 14:22:47 on 03/12/2010 under Order No.1000396152_1 which expires on 04/22/2010. and is not for resale. User Notes: (1781739831) to the shvcture Anv conflict within [he Drawings shall be referred to the Architect for disposition prior to [he installahon of any affected work PAGE 17 The Construction Manager, Construction Manager's consultants Architect, Architect's consultants, Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized, solely and exclusively for use in completion of the Project, to use and reproduce the Instruments of Service provided to them. All copies made under this authorization shall beaz the copyright notice, if any, shown on the Instruments of Service. The Architect, Architect's consultants, Contractor, Subcontractors, Sub-subcontmctors, and material or equipment suppliers may not use another author's Instruments of Service on other projects or for additions to this Project without the specific written consent of the Owner and the author of the Instruments of Service. § 1.5.1 The Owner. Construction Manager, Architect and Contractor shal~mav utilize a Model as InsEw~eRts-~ Instrument(s) of Service to the greefesZt~feREextent mutually agreed to be practicable and pursuant to Section 1.5.2. Unless the parties mutually agree otherwise, the Architect shall be responsible for the integration and coordination of the Model throughout the design and construction of the Project. The Owner, Constmction Manager, Architect and Contractor shall, at the earliest practical moment, meet and delineate the types of software to be used on the Project and establish protocols, standards and tolerances as may be required for the proper execution of the Work. The Owner, Construction Manager, Architect and Conhactor shall work together to establish the permitted uses for all digital information, including the Model, to be exchanged on the Project. Such determinations shall be set forth in AIA Document E201T"~2007, or a similar document, that shall be incorporated by reference into all agreements for services or construction for the Project. PAGE 18 The Owner, Construction Manager, Architect and Contractor shall coordinate the services provided by one another's consultants, subconsultants, contractors and Subcontractors. Upon request, the Owner, Construction Manager, Architect and Contractor shall furnish copies of the scopes of services in the services contracts they hold. The Owner shall requee that its consultants and contractors maintain professional liability insurance and other liability insurance, as appropriate to the services provided. § 2.1.1 The Owner is the person or entity identified as such in this document and is referred to as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization exceD[ for the anproval of increases in the § 2.1.1.1 Amounts under $5 000 require only Deoarhnent Head si agn [ure• § 2.1.1.2 Amounts between $5 000 and $10 000 require Ciri Manager signature• § 2.1.1.3 Amounts between $]0000 and $25 000 require City Attorney and Citv Manager signature• § 21 1 4 Amounts over $25 000 require Ciri Council anproval and signature by the Mayor or a duly authorized official in his absence. Addktons and Deletions Report !or AIA Document A295TM - 2008. Copyright ®2008 by The American Institute of Amhitects. All dghts reserved. WARNING: This AJA® Document is protectetl by U.B. Copyright Law and International Treaties. Unauthorized reprotluclion or distdbution of this AIA® Document, or any portion of it, may resua in severe civil and cdminal penalties, and willbe prosecuted to the maximum extent possible under the law. This a document was produced by AIA software at 14:22:47 on 03/12/2010 under Order No.1000396152_7 which expires on 04/22/2010, and Is not for resale. User NOtes: (1787739831) The term "Owner" means the Owner or the Owner's authorized ~esen4efiverepresentative except as otherwise indicated above. § 2.1.2 The Owner shall famish information or services required of the Owner by the GMP Documents in a timely manner. The Owner shall also famish any other information or services under the Owner's control and relevant to the ""-Constrvction Manager's, Architect's and Contractor's performance with reasonable promptness after receiving the written request for such information or ^°services., § 2.1.3 The Construction Manaeer ,Architect and Contractor shall be entitled to rely on the accuracy and completeness of information famished by the Owner. _a .u.. n..._ ..t_e.._:_ § 2.2.2 Prior to [he esESblisHmenEexecution of the Guaranteed Maximum ,yam°, Price Amendment, the Contractor may request in writing [hat the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter, the Contractor may only request such evidence if (I) the Owner fails to make payments to the Contractor as the GMP Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regazding [he Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Construction Manager ,Contractor and Architect. accrue from the Owner to the Construction Manaeer Architect Contractor, anv subcontractors or anv consultants. § 2.2.3 The Owner shall establish and periodically update [he Owner's budge[ for the Project, including (1) the Budget for the Work; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's Budget for [he Work, the Owner shall notify the Architect and Contractor. The AweeFOwner. Construction Manages and the Architect and Contractor shall thereafter agree to a corresponding change in the Owner's Budget for the Work or in the Project's scope and quality. PAGE 19 § 2 2 9 The Owner shall furnish the services of a Commissioning Aeent, who will Drovide professional advice during the pre-construction phase as well as inspections and commissioning reports during the construction phase. The Contractor shall be required to correct anv deficiencies identified by the Commissioning Agent. 6 2.3 CONSTRUCTION MANAGER $ 2 31 The Construction Manager is the person or entity identified as such in the Aereement and is referred to throughout the Contract Documents as if singulaz in number The term "Construction Manager" means the Construction Manaeer or the Construction Manager's authorized representative. Adtlitions antl Deletions Report for AIA Document A295TM - 2008. Copyright ©2008 by The American Institute of Architects. All rtghts reservetl. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 9 or any portion of k, may result in severe civil antl criminal penakies, antl will be prosecuted to the maximum extent possible antler the law. This document was produced by AIA software at 14:22:47 on 03/12/2010 under Order No.1000396152_1 which expires on 04/22/2010, antl is not for resale. User NOles: (1781739831) § 2.3.2 The Construction Manaeer will not be responsible or liable for the acts or omissions of the Architect Contractor, or anv Subcontractor. or anv of their agents or emolovees, or anv other person performine anv of the Work. § 2.3.3 The Construction Manaeer shall: § 2.3.3.7 Review all chanees proposed by the Contmctor. Architect or Owner and make recommendations reeardine schedule and cos[ implications; § 2.3.3.2 Establish and maintain a complete on-site library of all Contract Documents. approved shop drawinvs, and approved material samples; § 2.3.4 The Constmction Manaeer shall make a review of the Work at such intervals necessary to discharee its duties to the Owner. $ 2.3.5 The Construction Manaeer shall meet with the Contractor to prepaze and update the Master Proiect Schedule urine informafion from the Contractor's Construction Schedule. PAGE 20 § 3.2.3 The Architect °r._u ~ .._.:.~,.,, .,, _.~.. __ .,...._ ..._ ....._., ,,,._„re.e.,e... and Construction Manaeer acknowledge the Contractor does not warrantor guarantee the accuracy of the Contractor's Estimates, as that term is defined in Section 4.2.3, , xcept as may be included in the GMP. The Construction Manaeer and Architect shall review the Contractor's Estimates solely for the Constmction Manaeer's and Architect's guidance in completion of its services, however, the Construction Manager and Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 3.2.6 In performine its services hereunder, the Architect its agents, consultants and employees shall comply with all PAGE 21 § 4.7.2 If the employment of the Contractor is tem3inated, the Owner shall employ a successor contractor as to whom the {~e}>fte6t-kesConstruction Manaeer and Architect have no reasonable objection and whose status under [he GMP Documents shall be that of the Contractor. § 4.2.3 The Contractor shall provide estimating services throughout the design of the Project as specifically required in Articles 5, 6 and 7, and at other various fimes agreed to by the Owner, Architect and Contractor. The Contractor shall provide estimates of the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit (Contractor's Estimate). The Contractor's Estimate shall not include the compensation of the "--~'°°', Architect or Construction Manaeec the costs of the land, rights-of--way, financing, contingencies for changes in the Work, or other costs that are the Atltlhlons antl Dalellons Report for AIA Document A295^' -2008. Copyright®2008 by The American Institute ofArchitects. All rtgh4 reserved. WARNING: This AIA® Document is protected by U. S. Copydght Law and International Treaties. Unauthorized reproduction or distrtbulion of this AIA® Documem, ~ 0 or any portion of a, may resuh in severe civil and cdminal penalties, and will 6e prosecuted to the maximum exterd possible under the law. This document was produced by AIA software at 14:22:47 on 03/12/2010 under Order No.1000396152_1 which expires on 04/22/2010, aM is no[ (or resale. User NOtes: (1761739831) responsibility of the Owner. The Contractor's Estimates shall increase in detail and refinement as the Architect progresses with the preparation of the Criteria Design, Detailed Design and hnplementation Documents. § 4.2.4 For each of the Contractor's Estimates, provided pursuant to Section 4.2.3, the Contractor shall provide adequate detail to support the estimate. The Contractor shall submit its estimates for the Architect's review and the Owner's acceptance. The Contractor shall advise the Owner and Architect if it appears that any of Contractor's Estimates may exceed the Owner's most recent Budget for the Work and, m consultation with the Construction Manager and the Architect, make rewmmendations for corrective action. § 4.2.6 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by [he GMP Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment aze specifically required of the Contractor by the GMP Documents, the Awner-end-th~Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The 8wner-Owner, Construction Manager and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals, provided the ^~~-°~ °°a "-°'~~«°°« ~°°° Architect has specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 4.2.6, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and local codes, ordinances and statutes, and the design concept expressed in the Conhact Documents. PAGE 22 § 5.1 The Owner, ""-~ha~cTConst,uction Manager, Architect Commissioning Agent and Contractor shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive a[ a mutual understanding of those requvements. The Architect shall present its preliminary evaluation to the AwneFOwner, Construction Manager, Commissioning Agent and Contractor and discuss possible alternative approaches to design and construction of the Project, including the incomoration of environmentally responsible design approaches pursuant to the Aspen/Pi[kin Efficient Building Program and Department of Enerey "Building America" criteria. The Architect shall reach an understanding with the AwfteFOwner, Construction Manages Commissioning Aeen[, and Contractor regarding the requirements of the Project. § 5.2 ^ ~ ~^^~~~ --°°«~'~~'-'~, Within two weeks of execution of the Architect's Agreement, the Architect shall submit to the 9wneFOwner, Construction Manager and Contractor a proposed schedule of the Architect's services for . review, approval and subsequent inclusion in the Master Proiect Schedule. The schedule of the Architect's services shall include design phase deadlines, dates when cost estimates or design reviews rrtayeeeuFShall occur in order to comply with the deadlines in the Master Proiect Schedule, and allowances for periods of time required (1) for the Owner's review (2) for the performance of the Owner's consultants, eRd-(3) for review, modification and approval of submissions by authorities having jurisdiction over the 1?rejeek Proiect, and (41 value engineering. § 5.3 The 6enttasteF-Construction Manager shall prepare and periodically update a Prejeet-sshedulaMaster Proiect Schedule in collaboration with the Contmctor and the Architect. The ~aMaster Proiect Schedule shall coordinate and integrate the Contractor's services, the Architect's services, ..:.....:....« :.°.,...,.... °,..,,, ,.ae°« the Commissioning Agent's services, and the Owner's responsibilities. necessary in order to meet the Project's timely completion. Additions and Deletions Report for AIA Document A295TM -2008. Copyright02008 by The American Institute of Architects. All rights reservetl. WARNING: This AIA® Document is protected by U.B. Copyright Law and International Treaties. Unauthorizetl reprotluction or tlistribution of this AIA® Document, ~ ~ or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible antler the law. This document was produced by AIA software at 14:22:47 on 03/12/2010 antler Order No.1000398152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) § 5.4 Once the Owner, Architect and Contractor agree [o the time limits established by the ;?rejeetsehedtd~Master Proiect Schedule. the Owner, Architect and Contractor shall not exceed them, except for reaseneHleeens~excusable delays. § 5.5 The "-:»~`.'~-~' Construction Manager, Architect. Commissioning Aeen[, and Contractor shall provide a preliminary evaluation of the Owner's program and Budget for the Work, each in [errrrs of the other as well as recommendations, if any, with regazd to accelerated or fast-track scheduling, procurement, efficient building desist, or phased construction. The preliminary evaluation shall take into consideration cost information, constructability, and procurement and construction scheduling issues. To the extent {fessibl~mutually agreed, the information shall be integrated into the Model. § 6.1 No later than the date identified in the Master Proiect Schedule the Architect in consultation with the Construction Manager Commissioning~errt and the Contractor, shall prepaze and present for [he Owner's approval a preliminary design illustrating the scale and relationship of the Project components. § 6.2 Based on the Owner's approval of the preliminary design, the Architect, in consultation with the Construction Manager .Commissioning Agent and the Contractor, shall prepaze Criteria Design Documents for the Owner's approval. The Criteria Design Documents shall consist of drawings and other documents including a site plan, i€ eppeeprat~and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, and Models. Preliminary selections of major building systems and constmction materials shall be noted on the drawings or described in writing. § 6.2.1 The Architect shall consider and include environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on progmm and aesthetics, in developing a design that is consistent with the Owner's progam, schedule and Budget for the Work. ''''•° ^°-°- --° °'-~^'^ ^"-°- PAGE 23 § 6.3 During the Criteria Design Phase, the Architect shall meet with the AwRe~Owner. the Construction Manager , the Commissioning Aeen[ and Contractor as appropriate to the progress of [he design to review the Criteria Design Documents as necessary. § 6.5 The Contractor, for the Construction Manager's and Architect's review and the Owner's acceptance, shall prepaze a procurement schedule for items that must be ordered well in advance of construction. If the Owner agrees to procure any items in the Contractor's scone of work prior to the establishment of [he Guamnteed Maximum Price, the Owner shall procure the items on terms and conditions reasonably acceptable [o the Construction Manager and Contractor. Upon the °-'°`~m..~,~,.,." ^'•-^,°~,~' °xecu[ion of the Guaranteed Maximum Price Amendment. the Owner shall assign all contracts for these items to the Contractor and the Contractor shall thereafter accept complete scheduling. delivery, acceptance, protection, installation and turnover responsibility for them. § 6.6 At the conclusion of the Criteria Design Phase, the Owner, ArehitesECons[metion Manager, Architect. Commissioning Agent, and Contractor shall meet to review the Criteria Design Documents. § 6.7 Based upon [he Criteria Design Documents, the Contractor shall update the Contractor's Estimate and grejesf schedule-Conhactor's Construction Schedule. § 6.7.1 Ifrevisions to the Criteria Design Documents are required to comply with the Owner's Budget for the Work at the conclusion of the Criteria Design Phase, the Architect shall consult with the9wReFOwner, Construction Manager, Commissioning AeenL and Contractor to determine appropriate solutions. The Architect shall then incorporate any agreed-upon revisions during the Detailed Design Phase. Atltlitions and Deletions Report for AIA Documem A295"' -2008. Copynghte 2008 by The American InsBtute ofArohitecis. All rights reserved. WARNING: This AIA® Document is protectetl by U.S. Copydght law antl IMemational Treaties. Unauthodzetl reprotluMlon or distdbution of this AIA® Document, 72 or any portion of h, may result in severe civil and cdminal penahies, and will be prosecuted to the maximum extent possihle antler the law. This document was produced by AIA software at 14:22:47 on 03/12/2010 under Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739837) § 7.7 Based on the Owner's approval of the Criteria Design Documents, as well as the Owner's authorization of any adjustments in the Project requirements and the Owner's Budget for the Work pursuant to Section 2.2.3, the Architect, in consultation with the BwDeFOwner Construction Manaeer, the Commissionine Anent, and Contractor, shall prepare Detailed Design Documents for the Owner's epprevel-approval no later than the date identified in the Master Project Schedule. The Detailed Design Documents shall illustrate and describe the development of the approved Criteria Design Documents and shall consist of drawings, other documents and the Model. § 7.2 During the Detailed Design Phase, the Architect shall meet with the AwReFOwner, Construction Manaeer, the Commissioning Anent, and Contractor as appropriate and necessary to the progress of the design to review the Detailed Design Documents. § 7.3 Prior to the conclusion of the Detailed Design Phase, the Contractor shall famish to the Owner Construction Manaeer, and Architect a list of possible Subcontmctors and material suppliers. § 7.4 The Contractor shall provide updates [o the Contractor's Estimate and the PrejeeE-Contractor's CODSD-UCtIOII schedule to ensure consistency with the Detailed Design Documents and to incorporate information received from Subcontractors and material suppliers pursuant to Section 6.4. The Contractor shall require any such Subcontractors and material suppliers to provide additional information as needed to coordinate systems, 3neladixg-including, but no[ limited to, mechanical, electrical, plumbing and structural, and to verify tolerances. .2 in consultation with the tkrehiteeEArchitect, the Construction Manager, and Contractor, revise the Project program, scope, or quality as required [o bring the Contractor's Estimate within the Owner's Budget for the Work; or PAGE 24 § 7.5 At the conclusion of the Detailed Design Phase, the Architect shall submit Detailed Design Documents consistent with the Owner's Budget for the Work to the ^••-°~. T~Owner and Construction Manaeer. The Owner. Construction Manaeer, Architect and Contractor shall meet to review the Detailed Design Documents. § 7.6 Upon the Owner's acceptance of the Detailed Design Documents, the Contractor shall prepaze a Guaranteed Maximum Price proposal for the Owner's and Construction Manager's review and Owner's acceptance. .4 The proposed Guaranteed Maximum Price, including a statement of [he estimated cost with a level of sal will be organized by trade categories, allowances, wntingencies, [he Contractor's Fee, and items that comprise the Guaranteed Maximum Price. § 7.9 The Contractor shall meet with the 9wneFOwner. Construction Manaeer, and Architect to review the Guaranteed Maximum Price proposal. In the event that the BwweFOwner, Construction Manaeer and Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Contractor, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 7.70 Once accepted by the Owner, the Guaranteed Maximum Price, including the written statement required under Section 7.8 as appropriate, shall be set forth in an amendment to the Owner-Contractor Agreement, a copy of which amendment the Owner shall provide [o [he Construction Manaeer and Architect. Upon the Owner's acceptance of the Guaranteed Maximum Price proposal, the Detailed Design Documents upon which the approved Guaranteed Maximum Price is based shall become part of the GMP Documents. AtltlHlons and Deletions Repoli for AIA Document A295"' -2008. Copyright©2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law antl International Treaties. Unaulhodzetl reproduction or distribution of this AIA® Document, 13 or any portion of it, may resu0 in severe civil and criminal penaaies, and will be prosecutetl to the maximum extent possible under the law. This document was protlucetl by AIA software at 14:22:47 on 03/12/2010 under Order No.7 000 39615 2_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) § 7.10.1 Adjustments to the Guaranteed Maximum Price on account of significant, Owner-initiated changes in the Work no[ reasonably inferable from eazlier documents maybe determined by any of the methods listed in Section 9.21.3.3. § 7.10.2I€ttaA specific provision is made in the Owner-Contractor Agreement for adjustment of the Contractor's Fee in the case of changes in the . Work. PAGE 25 § 8.2 The Contractor shall coordinate with Subcontractors and material suppliers to obtain finalized cos[ information and schedules for their scopes of work and to enswe that the Implementation Documents include complete, sufficient and unambiguous information for completion of the Work. § 8.3 . The Contractor shall carefully study and compare the Implementation Documents with each other and with information famished by the Owner and shall at once report to the Construction Manager and Architect errors, inconsistencies or omissions discovered § 8.7 At the conclusion of the Implementation Documents Phase, the Owner, Construction Manager, Architect and Confiactor shall meet to review the Implementation Documents. Upon the Owner's approval of the hmplementation Documents, they shall become part of the GMP Documents and shall take priority over the Detailed Design Documents. 8.8 Fire Protection and Life Safety Svstems: All life safety systems and building assemblies shall be designed by a professional engineer licensed in the state of Colorado, and shall be designed, constructed, and installed in accordance with the cturent applicable Aspen Fire Protection District requirements: NFPA 13, 13D. 13R as applicable: NFPA 72(Alarm Svstems); 2003 International Fire Code: all as amended by the AFPD and adopted by the Ciri of Aspen at time of Hermit submittal. It is the Contractor's sole responsibiliri to enswe the fire protection sprinkler system is compatible with the water system pressures existing at the Project site. § 9.1.2 The Contrnctor shall not be relieved of obligations to perform the Work in accordance with the GMP Documents either by activities or duties of the Constmction Manager nor the Architect in the Construction Manager's and Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the 6enHaetefContmctor, or by any prior wurse of conduct with the Owner. § 9.1.3 The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with [he {1<rehiteet-Architect, the Construction Manager, and Commissioning Agent, and exercise the Contractor's skill and judgment in furthering the interests of the Owner; to famish efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform its services in an expeditious and economical manner consistent with the Owner's interests. PAGE 26 § 9.2.213ecause the GMP Documents are complementary, the Contractor shall, before starting construction of each portion of the Work, carefully study and compare the various GMP Documents relative to that portion of the Work, as well as the information famished by the Owner pwsuant to Section 2.2.5, shall take field measwements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. The Contractor shall promptly report to the Architect and Owner any errors, inconsistencies or omissions discovered by or Atltlttions and Daletlons Report for AIA Document A295^' -2008. Copydght©2008 6y The American Institute of Architects. All dghts reserved. WARNING: This AIA® Document is protectetl by U.a. Copydght Law antl international Treaties. Unauthodzed reproduction ordistdbulion of this AIA® Document, 14 or any portion of it, may result in severe civil and cdminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:22:47 on 03/12/2010 under Order No.1000396152_7 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) made known to the Contractor as a request for information in such form as the Architect may regnir~re~c uire, with a copy to the Construction Manager. § 9.2.3 The Contractor is not required to ascertain that the GMP Documents aze in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. The Contrnctor shall promptly report in writing to the Construction Manager ,Architect and Owner any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architest Rtay require,Constmction Manager and Architect mutually ag ee. § 9.3.2 The Contractor shall provide montlily written reports to the Construction Manager, Owner and Architect on the progress of the entire Work. The Contractor shall maintain a daily log containing a record of weather, Subcontractors working on the site, number of workers, Work accomplished, problems encountered and other similar relevant data as the Construction Manager or Owner may reasonably require. The log shall be available during all hours of operation on site to the Construction Manages Owner and Architect. § 9.3.3 The Contractor shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Contractor shall identify variances between actual and estimated costs and report the variances to the n°-°- °°a "-°'-'•°°• °• -°°°'°- ;,*-Construction Manages Owner and Architect in writing at regulaz intervals, but in no circumstances less often than monthly. § 9.3.6 The Conttactor shall cazefully check its own work and that of Subcontmctors as the work is being performed. The Contractor shall ensure that incorrect or faulty work is corrected immediately. § 9.3.7 The Contractor shall have weekly meetings for the coordination of all mechanical and electrical activities. The Construction Manager and Architect's consultants may be invited to attend by the Contractor, as appropriate. § 9.3.6 During the finishing stages of the proiect. the Contractor shall make frectuent inspections of the Work in the presence of the Architect. the Construction Manager and the applicable Subcontractor(s) involved, if any, and the Architect shall identify incorrect and faulty Work. The Contractor shall ensure that incorrect or faulty Work is corrected immediately. PAGE 27 § 9.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 9.21.4, the Contractor may not make substitutions ealyiviEh-fhawithout the written consent of the Owner, after evaluation by the Architect and the Constmc[ion Manager and in accordance with a Change Order or Construction Change Drrective. If the Contractor requests a material substitution after execution of the GMP Amendment, the Contractor shall retain liability for the performance of the substituted materials or products and shall certify that the substituted materials or products aze equal to or better than the original materials or products. All substitutions shall meet or exceed Department of Enerev Building America and Asoen/Pitkin Efficient Building criteria. § 9.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons no[ properly skilled in tasks assigned to them. The Owner may, by notice in writing, require the Contractor to remove from the Work any employee the Owner deems incompetent, cazeless or otherwise obiectionable. 6 9.4.4 All work under this Contract shall be performed in a skillful and workmanlike manner in accordance with industrv standards. Additions and Deletions Report for AIA Documem A295TM -2009. Copyright®2008 by The American Institute of Architects. All dghis resarvetl. WARNING: This AIA® Document is protected by U.S. Copydght Law and International Treaties. Unauthodzetl reprotluctlon or tlistdbution of this AIA® Document, ~ rJ or any portion of it, may resua in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible antler the law. This document was producetl by AIA software at 14:22:47 on 03/12/2010 antler Order No.1000396152_1 which ezpires on 04/22/2010, and is not for resale. User Naas: (1781739831) T...,.,«, ., A l l L.- G.-.. L' .,.,..1.,C .,... ., e _ _ y ~._._.. _ •L., _ .,,r... .,C.L., nr„_r. .L., r_a.m n_,..,.,, _ _ _ nr,._L .,- ._:_L. _ 9.5.2 The Contractor shall provide the orieinal of, and assien to the Owner at the time of Substantial Completion of the Work, anv and all Subcontractor's. Sub-subcontractor's, suppliers' and ntanufacturer's warranties euarantees and In the event that the Contractor. or anv of its Subcontractors, performs anv subsurface investieations Contractor shall promptly forward copies of the results or reports of such investieations to the Owner, Construction Manaeer and Architect. Owner or Commissionine Aeent. § 9.6 ~AX€STAX EXEMPTION ge-in[e-eff'eet:All purchases of supplies, consWCtion or buildine materials shall not include Federal Excise Taxes or Colorado Slate or local sales or use taxes. The Owner's State of Colorado [ax identification number is 98-04557. The Owner's Fedeml Tax Identification Number is 84-6000563. PAGE 28 If the Contractor encounters conditions at the site that aze (1) subsurface or otherwise concealed physical conditions that differ materially from those upon which the parties relied in the development of the GMP Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 days after firs[ observance of the conditions. The ArshitesEArehitect, Owner, and Construction Addklons and Deletions Report for AIA DocumaM A295T" - 2008. Copyright ®2008 by The American Institute of AmhitecLS. All rights resarvatl. WARNING: This AIA® Document is proteQetl by U.S. Copyright Law and International Treaties. Unauthorized reproduction or tlistdbullon of this AIA® Document, ~ s or any portion of it, may resuk in severe civil antl criminal penakies, and will be prosecuted to the maximum extent possible untler the law. This Document was protlucetl by AIA software al 14:22:47 on 03/12/2010 under Ober No.1000396152_7 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) maintenance improcer operaflon or normal weaz and [ear and normal usaee If required by the Architect the Connector shall ftunish satisfactory evidence as to the kind and aualiri of materials and eouioment G 9.5.4 The Owner shall have the right of such temporary or trial usaee, for such reasonable time as the Owner. Commissionine Agent, or the Architect deem proper. Manager will promptly investigate such conditions and, if the Architect determines that [hey differ materially and cause an inaease or decrease in the Contractor's cos[ of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the GMP Documents and that no change in the terms of the Con[mct is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes [he Architect's determination or recommendation, that party may proceed as provided in Article 13. § 9.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, azchaeological sites or wetlands not indicated in the GMP Documents, [he Connector shall immediately suspend any operations that would affect them and shall notify the Construction Manager, Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise insnvcted by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features maybe made as provided in Article 13. PAGE 29 § 9.9.1 The Contmctor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Wer~Work ,The Superintendent shall remain on the Project Site, without substitution until all punch list items have been completed to the satisfaction of the Architect and the Commissioning Agent No subcontractor shall perform work on the site without the Dresence of [he Superintendent or Assistant Superintendent. The superintendent shall represent the Connector, and communications given to the superintendent shall be as binding as if given to the Contractor. § 9.9.2 The Connector, as soon as practicable after award of the Contract, shall furnish in writing to the AwneF HxeuglrOwner, Construction Manager and the Architect [he name and qualifications of a proposed superintendent. The Constmction Manager, Architect or the Owner may reply within-14fourteen (14) days to the Contractor in writing stating (1) whether the Consnuction Manager. Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the "~>~; :iiec6:~gair~sConstruction Manager. Owner or Architect require additional time to review. Failure of the Construction Manager, Owner or Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 9.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not . reasonably be withheld or delaved. The Contractor shall designate a second person in chazee m writing in the event the Superintendent is temporarily absent due to illness vacation, or anv other cause(s). § 9.10.7 The Contractor shall submit for the Owner's and Architect's information a Contractor's~~;°° ° €eF-Hie-WerlFConstruction Schedule for the Work compliant with the AGC's Construction Scheduling Guidelines. The schedule shall not exceed time limits current under the GMP Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the °^~-° D_°~°°"° "° °°'~-' -°°°~-°a `° "'° 6Iv~Besxmeai~Contractor's entire Work in the Proiect, and shall provide for expeditious and practicable execution of the Work. § 9.70.2 rc r. _ .... ~_,:»°r^ a. ~_,..G. r~,........°~:°.. D6°,.° .r,° ~c.,...,ctcr ~!:~~~ r._r».. stal~The Contractor shall prepare a submittal schedule as part of each phase above, and update it promptly after the Owner's acceptance of the Guaranteed Maximum Price and thereafter as necessary [o maintain a current submittal schedule, and shall submit the schedule(s) for the Construction Manager's and Architect's approval. The Construction Manager's and Architect's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's ^°-~~Construction Schedule, and (2) allow the Architect reasonable time to review submittals. If stuhl~the Contractor fails to submit a submittal schedule, the Contractor shall not be entiHed to any Adtlalons antl Deletions Report for AIA Document AT95TM - 2006. Copyright O 2008 by The American Institute of Architects. All rights resenetl. WARNING: This AIA® Document is protected by U.S. Copyright Law antl International Treaties. Unauthorized reproduction or distribution of this AIA® Document, ~ 7 or any portion of it, may resuh in severe civil and cdminal penalties, and will be prosecuted to the maximum exleM possible antler the law. This document was produced by AIA software at 14:22:47 on 03/12/2010 under Order No.1000396152_1 which expires on 04/22/2010. aril is not for resale. User NMes: (1781739831) increase m Contract Sum or extension of Contract Time based on the time required for review of submittals. Shop Drawings, Product Data, Samples and similar submittals required during the Constmction Phase are no[ GMP Documents. § 9.10.3 The Conttuctor shall perform the Work in .accordance with the most recent Contractor's Construction Schedule approved by the Construction Manager ,Owner and Architect. activities will be generated by the Contractor. The Construction Manager's Master Proiect Schedule is to be used, among other functions, to provide a comprehensive planning tool for completion of both the Work and the Proiect. Contractor will cooperate fully with the Construction Manager in integrating the Contmctor's Construction Schedule into the Master Protect Schedule. 4 9.10.5 Upon acceptance by the Construction Manager and all Contractors, the Master Protect Schedule shall supersede previously submitted schedules. Each updated Master Proiect Schedule shall supersede previous updates. 5 9.70.6 The Contractor shall cooperate with the Construction Manager in scheduling and performing the Contractor's Work to avoid conflict. delay in or interference with the Work of other Contractors or the operations of the Owner's own forces. § 9.10.7 The Construction Manager, together with the Contractor, will monitor the Master Proiect Schedule, and incomorate the Contractor(s) updates to their portions of this overall schedule. ¢ 9.10.8 The Contractor will produce a short interval schedule on maior weekly work activities. At each weekly iob meeting this schedule will be reviewed by the Contractor with all affected Subcontractors and the Construction Manager. 4 9.10.9 Delivery and Storage. The Contractor shall exercise due diligence in seeing that all equipment, material, and supplies are delivered in advance of the time they are needed on the iob. PAGE 30 The Contractor shall maintain at the site with the Construction Manager for the Owner one copy of the GMP Documents, m good order and marked currently to indicate field changes and selections made during construction, and one copy of approved submittals provided during construction. These shall be available to the Architect and shall be delivered to the Owner upon completion of the Work as a record of the Work as constructed § 9.72.5 The Contractor shall review for compliance with the GMP Documents, approve and submit to the A-re~titee~ Architect, with a copy to the Construction Manager, Shop Drawings, Product Data, Samples and similaz submittals in accordance with the submittal schedule approved by the Architect or, in [he absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. & 9.12.70 Before ordering any material or doing any Work, the Contmctor shall verify all measurements for Work commencing any work affected by the ambiguous dimensions. No extra charee or compensation shall be allowed because of differences between actual measurements and the dimensions indicated on the dmwin s. Atldalons antl Deletions Report for AIA Document A295TM - 2008. Copyright ®2008 by The American Institute of An;hitects. All rights reserved. WARNING: This AIA® Document is proteaetl by U.S. Copyright Law and International Treaties. Unauthorized reprotluaion or tlistdbution of this AIA® Document, ~$ or any portion of it, may resuh In severe civil and criminal penalties, and will be prosecutetl to the mazlmum extent possible antler the law. This document was produced by AIA software at 14:22:47 on 03/12/2010 under Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the GMP Documents and shall not unreasonably encumber the site with materials or equipment. § 9.13.2 Protection of construction materials and equipment stored at the Protect Site from weather, theft, vandalism damage or all other adversity is solely the responsibility of the Contractor and its subcontractors, to the extent that such losses aze not covered by builder's risk insurance. 4 9.13.3 During the performance of the Work required by this AgrcemenL the Contractor or Subcontractor, will use such entrances to the construction site that maybe designated by the Owner . These entrances may be reviewed and changed from time to time by the Owner. $ 9.13.4 The Owner shall be responsible for snow removal only on public streets which have been dedicated to the City. Snow removal within the site for the puroose of performing and protecting Work shalt be the responsibility of the Contractor. & 9.13.5 Site Snow Management: Contractor acknowledges that the Protect is to be built in an area of heave seasonal snows. Contractor shall be responsible for site snow removal and designated snow storage areas adequate to store 100% (one hundred percent) of the snow from the site during the snow season. & 9.13.6 The Contractor shall erect and maintain a 8'-0" chain link fence around the perimeter of the construction site throughout the Construction Phase. The area inside the perimeter of the fence shall include areas adequate for 100% (one hundred percent) of site snow storage. § 9.13.7 The Contractor shall be responsible for the mitigation and/or abatement of all noise, dust, erosion, fumes, traffic, recvcline of construction materials, or other bv-product of construction activity that have an adverse affect on the adjacent residents. Such mitigation and/or abatement shall comply with the Aspen Building Department and Aspen Engineering Department's requirement for a Construction Management Plan (CMP), including but no[ limited to, Dust Control, Erosion Control traffic management, recvcline, mud mitigation and clean up and Noise Control. 6 9.13.8 Erosion Control: Contractor shall prepare and implement a Stormwater Pollution Prevention Plan in accordance with EPA's National Pollutant Dischazge Elimination System (NPDES) General Permit for stormwater discharges from Large and Small Construction Activifies (effective June 30, 20081. Any mud tracked onto public roadways shall be removed daily. § 9.13.9 The Contractor is advised that [he protect site area is subject to high winds. The Contractor shall maintain all materials secured or tied down daily to prevent possible damage caused by flying materials and debris. 6 9.13.10 The Contractor shall maintain access azoand the construction site. 6 9.13.11 The Contractor shall furnish and maintain sufficient sanitary facilities for its own forces. The facilities of the existing buildings will not be available for construction use. 5 9.13.12 Inappropriate Behavior: The Contractor shall control its employees and subcontractors on the job site at all times. Alcohol and ille ag 1 drugs shall be strictly prohibited on the Project at all times. Anv intoxicated person(s) shall be immediately removed from the Protect. Workers shall dress in an appropriate manner on the Protect at all times. Profani and loud or offensive behavior shall be strictly prohibited, as well as any other activities deemed inappropriate to the Owner. The Owner shall be entitled to demand the permanent removal from the Protect of any Derson(s) who are repeat offenders. $ 9.13.13 The Contractor shall layout and mark any plantings, shrubs and trees which will require removal a minimum of five (5) business days prior to their removal. The Contractor shall notify the Architect and Construction Manager in writing immediately upon completion of this mazkine. The Construction Manager will then give permission for removal in writing to the Contractor. Plantings, shrubs, and trees shall no[ be removed or damaged without such Addklons antl Deletions Report for AIA Document A295TM - 2008. Copyright m 2008 by The American Institute of Amhiteck. All Rghts reservetl. WARNING: This AIA® Documem is protected by U.S. Copyright Law antl International Treaties. Unauthorizetl reprotluction of tlislribution of this AIA® Document, 19 or any portion of N, may resuN in severe civil and criminal penaNies, and will be prosecuted to the maximum extent possible antler the law. This document was protluced by AIA software at 14:22:47 on 03/12/2010 under Order No.1000396152_1 which expires on 04/22/2010, antl is not for resale. User NOtes: (1781739831) permission. § 9.13.14 The Contractor shall provide all reasonable protection to prevent damaee, iniurv or loss to. all persons at the site and all procertv at the site and adjacent thereto. The Contractor acknowledges [he Project site is adjacent to existing structures which will be occupied durine the performance of the Work. § 9.13.15 The Contractor shall notify all public utiliri companies a minimum of two (2) business days prior to the commencement of any work by it or its subcontractors in the vicinity of the utilities. No work shall commence until the utilities have been located and staked by the utility company or written consent from the Architect to proceed has been given to the Contractor If the utiliri service must be interrupted, the Contractor shall notify the head of the local utility services. the Owner, the Architect, the Construction Manages and the utility users affected by the interruption. Such notice shall consist of direct written communicafion. publication in a local newspaper, and/or announcement on local radio or television stations, whichever is most reasonably calculated to aye notice to such utility users. PAGE 32 § 9.18.1 To the fullest extent permitted bylaw the Contractor shall indemnify and hold harmless the Owner, Construction Manager. Construction Manager's consultants, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but no[ limited to attorneys' fees and expert witness 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 destmction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone drrectly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in Phis °°°'~^.' o this Section 9.18. In [he event Con[mctor is liable for all or any portion of any claim damages, losses or expenses, Contractor shall reimburse Owner for its reasonable attomeys' fees, expert witness fees, and costs incurred that aze attributable to Contractor's pro rata shaze of liability. PAGE 33 § 9.19.2.1 The Contractor, as soon as practicable after execution of the Contract, shall famish in writing to the Construction Manages Owner and Architect the names of persons or entities (including those who are to famish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Construction Manager, Owner and Architect may reply within 14 days to the Contractor in writing stating (1) whether the Constmction Manaeer, Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that additional time is required for review. Failure of the Construction Manager, Owner or Architect to reply within the 14-day period shall constitute notice of no reasonable objection. § 9.19.2.2 The Contractor shall no[ contract with a proposed person or entity to whom the Construction Manager. Owner or Architect has made reasonable and timely objection. The Contractor shall not be required [o contract with anyone to whom the Contractor has made reasonable objection. § 9.19.2.3 Ifthe Constmction Manager, Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Construction Manager, Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contact Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 9.19.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Constmction Manager, Owner or Architect makes reasonable objection to such substitution. AtltlHlons antl Deletions Report for AIA Document A295TM -2008. Copyright©2008 6y The American Institute ofArchitects. All rights reservetl. WARNING: This AIA® Document is protected by U.S. Copyright Law antl International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 2t) or any portion of a, may resuh In severe civil and criminal penalties, and will be prosecuted to the maximum extern possible under the law. This Document was produced by AIA sorlware at 14:22:47 on 03/12/2010 under Order No.1000396152_7 which ezpires on 04/22/2010, antl is not for resale. User NOtes: (1781739031) 6 9.19.2.5 The Contractor shall, after receipt of Notice to Proceed and approval of the list of subcontractors and material suppliers, place orders for all equipment, materials, and supplies required for the Work with reasonable promptness. Contractor shall submit to the Construction Manager evidence that such orders have been placed. By appropriate ^•--~°°---°-' --°~"°° °'-°-°'°°^"- ^°^°~-°a `^~ °^'~•'~'- ,written agrcement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the GMP Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Construction Manager, Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Construction Manager, Owner and Architect under the GMP Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the GMP Documents, has against the Owner. ~hMere-epprepriaie,-fHeThe Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractoy prior to the execution of the subcontract agreement, copies of the GMP Documents and other documents to which the Subcontractor will be bound. The Contractor shall furnish to Owner and Construction Manager conies of all subcontractor agreements upon request. PAGE 34 § 9.20.1.3 The Owner shall provide through the Construction Manager for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with the Construction Manager, other separate contractors and the Owner in reviewing then construction °°'°°'-~~°'°°°'°°. schedules in the context of this Master Proiect Schedule. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual °^-°°•--°•-'. T"° ^°°°'-~•°~°° ssketlules-agreement with the Construction Manager and Owner. The Master Proiect Schedule and Contractor's Construction Schedule, as revised, shall then constitute [he schedules to be used by the Construction Manager, the Contractor, separate contractors and the Owner until subsequently revised. PAGE 35 § 9.20.2.1 The Contractor shall afford the AwReFOwner, through the Construction Manager, and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's constmction and operations with theirs as required by the GMP Documents. § 9.20.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by [he Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Construction Manager and Architect in writing anv apparent discrepancies or defects in such other construction [ha[ would render it unsuitable for such proper execution and results. Failure of [he Contractor so to report shall constitute an acknowledgment [ha[ the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as [o defects not then reaseReb}y diseeverablediscoverable through Contractor's reasonable diligence. § 9.20.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor's delays, improperly timed ac-HVHies-activities, failure to properly protect work in lp ace, or defective construction. The Owner shall be responsible [o the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly timed activities, image-fe-4ge~edc-failure to pioDerly protect work in place, damage to the Work, or defective construction. If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under [heir respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the ^^-^'-=~.,.t~.°^"°^' `'onstruction Manager will allocate the cost among [hose responsible. Atldaions antl Daletlons Report for AIA Documerd A295TM -2008. Copyrightm 200a by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protectetl by U.S. Copyright Law and International Treaties. Unauthorized reprotlugion or tlisldbution of this AIA® Document, 21 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum eztenl possible under the law. This tlocument was produced by AIA software at 14:22:47 on 03/12/2010 under Order No.1000396152 1 which expires on 04/22/2010, and is not for resale. User Notes: (1781739831) § 9.21.1.1 Changes in the Work maybe accomplished after execution of the Contract without invalidating the Contmct, by Change Order, by the GMP Amendment by Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Section 9.21 and elsewhere m the GMP Documents. § 9.21.1.1.1 Any increase or decrease to the Contract Time or Schedule resulting from chanties to the GMP Documents Schedule included in the request for a Change Order, no subsequent adjustment of the Contract Time or Schedule will be considered relative to such Chanee Order. 5 9.21.1.1.2 The allowable overhead and profit on chanties in the Work included in the total cost to the Owner shall be based on the following schedule: .1 For the Contractor, for Work performed by the Contractor's own forces, ten percent (] 0%1 of the cost. .2 For the Contractor, for Work performed by the Contractor's Subcontractor, five percent (5%) of the amount due the Subcontractor. .3 For each Subcontractor or Sub-subcontractor involved. for Work performed by that Subcontractor or Sub-subcontractor's own forces, ten percent (10%1 of the cost. .4 For each Subcontractor, for Work performed by the Subcontractor's Sub-subcontractors, five percent (5%1 of [he amount due the sub-subcontractor. .5 Cost to which overhead and profit is to be applied shall be determined in accordance with Subsection 9.21.3.7. § 9.21.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and mayor may not be agreed to by the Contractor, an order for a minor change in the Work may be issued by the Architect aleRealone 6 9.21.1.2.1 Notwithstanding anything in the GMP Documents to the contrary, Amendments or Chanee Orders shall not be binding on the City except as follows: § 9.21.1.2.2 Amounts under $5.000 require only Department Head signature; § 9.21.1.2.3 Amounts between $5.000 and $10,000 require Ci[v Manager simature; S 9.21.1.2.4 Amounts between $10,000 and $25,000 require City Attomev and City Manager signature; 4 9.21.1.2.5 Amounts over $25.000 require City Council anoroval and signature by the Mayor. or a duly authorized official in his absence. § 9.21.1.3 Changes in the Work shall be performed under applicable provisions of the GMP Documents, and the Contractor shall proceed promptly, unless otherwise provided in the GMP Amendment Change Order, Construction Change Directive or order for a minor change in the Work. PAGE 36 AddHions and Deletions Report for AIA Document A295"' - 2999. Copyright ®2008 by The Amedcan Institute of Amhitects. All rtghts reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law antl International Treaties. Unauthorizetl reprotluction or distribution of this AIA® Document, 22 or any portion of k, may resuH in severe civil and criminal penalties, and will be prosecuted to the maximum extent Possible under the law. This document was produced by AIA software at 14:22:47 on 03/12/2010 under Order No.1000398152_1 which expires on 04/22/2010, and is not for resale. User Notes: (1781739831) § 9.21.2.1 A Change Order is a written instrument prepared by the ^^~t~Construction Manager and signed by the Owner, Contractor and Architect stating their agreement upon all of the following: PAGE 37 § 9.21.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment m the Contract Sum, the ArshitesEConstmction Manager shall determine the method and the adjustment on [he basis of reasonable expenditures and savings of those perforating the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit °° °°' ` -" ~- "° "••-° "°-•`-°°'°- " °-°°-•°°' °- ~`°° °°°'' .in accordance with Section 9.21.1.1.2. In such case, and also under Section 9.21.3.3.3, the Contractor shall keep and present, m such form as the Arcltitesf Construction Manager may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the GMP Documents, costs for the proposes of this Section 9.21.3.7 shall be limited to the following: .4 Costs of premiums for all bonds and ~-°°-°-°° -°--•~' ` °° °_ , °°'°° ••°° °- °~--•~'°- `°°°° insurance and Hermit fees related to the Work; and .5 Additional-Additional, actual costs of supervision and field office personnel directly attributable to the change. § 9.21.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the t~raktteat Construction Manager. When both additions and credits covering related Work or substitutions aze involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 9.21.3.10 When the Owner and Contractor agree with a deteratination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach ageement upon the adjustments, such agreement shall be effective immediately and the "-~~'°^` CO11Strt1CtlOn Manager will prepare a Change Order. Change Orders maybe issued for all or any part of a Construction Change Directive. The Architect has authority to order minor changes in the Work no[ involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with [he intent of the GMP Documents. Prior to issuing a Minor Change, the Architect shall notify the Owner and the Contractor of the nature, extent and anticipated time of issuance of the proposed directive. The Architect and Contractor shall make adjustments to the GMP Documents to reflect the proposed directive for the review of the Owner, Architect and Contractor. ~If the Contractor should detemmne fhe effeete€tha[ the proposed directive errwill increase the cost and time of completion of the Work and-error imoact the Conhactor's ability to construct the work in accordance with the revised GMP . Documents, then the Contractor shall so notify the Owner and the Architect. The Contractor shall not orceeed without an annroved Change Order or Construction Change Directive. PAGE 38 § 9.22.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 1 l to be furnished by the Contractor and BwRer-Owner, and execution of the GMP Amendment. The date of commencement of the Work shall not be changed by the effective date of such insurance. Additions and Deletions Report for AIA Document A295TM - 2008. Copyright 02008 by The American Institute of Architects. All rights reservetl. WARNING: This AIA® Document is protectetl by U.S. Copyright Law and International Treaties. Unaulhodzetl reprotluction or tlistdbution of this AIA® Document, 2S or any portion of rt, may result in severe civil and cdminal penalties, and will be prosecuted to the mazimum extent Dossible untler the law. This document was produced by AIA software at 14:22:47 on 03/12/2010 under Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) 6 9.22.2.4 The Contractor shall begin the Work within five (51 days of the date of commencement in the Notice to Proceed . The Contractor shall cam the Work forward expeditiously with adequate forces and shall achieve specific Contractual Milestone dates (if anv1, Substantial Completion, and Final Completion within the times stated in the GMP Documents. 5 9.22.2.8 in the event that the Contractor fails. or appears likely to fail, to complete a Contactual Milestone or completion date as evidenced by the latest update of the Contractor's Construction Schedule. through no fault of the Owner or Architect or Construction Manager, or any of their employees, the Owner shall have the right to impose env or all of the following options: 6 9.22.2.8.7 Require the Contractor to prepare a Recovery Plan to get back on schedule within ten (101 days. § 9.22.2.8.7.1 If the Recovery Plan proposed by the Contmctor does not reflect completion of the Proiect by the applicable Contractual Milestone or completion dates in the current Contractor's Schedule. as adiusted, the Owner may unilaterally establish a Recovery Plan and the Contractor shall comply therewith, and/or the Construction Manae_er may reguve the Contractor to take env of the actions set forth below and its subsections without additional cost to the Owner, Construction Manager, or Architect, to makeup the tae in scheduled progress. 5 9.22.2.8.2 Require the Contractor to increase its work force, work overtime, and/or extra shifts, and do whatever else is required by the Owner until Contractor gets back on schedule as established by the Contractor's Construction Schedule (including any updates thereto], such measures being at no extra cost to Owner . 4 9.22.2.8.3 Withhold progress payment in accordance with Section 9.23.5.1. § 9.22.2.8.4 Contact or visit env factory, plant or distribution center whose production or delivery schedule maybe causing a delay to the scheduled completion of the Work ,and expedite same, at Contractor's expense. ~ 9.22.2.8.5 Failure of the Contractor to substantially comply with the rer1uvements of Section 9.22.2.8 shall be grounds for a determination by the Owner that the Contractor is in breach of this Contract by failing to prosecute the Work to ensur_e_its completion within both the Contract Time and the updated Contractor's Construction Schedule. 4 9.22.2.8.6 LIQUIDATED DAMAGES Should the Contractor fail to substantially complete the Work on or before the date set forth in the GMP Amendment, as adiusted by Change Order, the Owner shall deduct from env monies due or which may become due to Contractor, a sum as specified therein, for each and every calendar day that the Work shall remain uncompleted. This stun shall be considered not as penalty but as the cost(s) of additonal field and office expenses, additional consultants fees, and other expenses incurred by the Owner, caused by such delays. § 9.22.2.8.7 SCHEDULE OF LIQUIDATED DAMAGES: Owner shall deduct from Contractor Two Thousand Dollazs ($2,000 Dollazs] for each day after the Date of Substantial Completion set forth in the GMP Amendment until the Work is substantially complete as that term is defined in Section 10.1.2 and Thee Thousand Dollars ($3,0001 for each day after the Date of Final Completion of the Work until the Work is finally complete as that term is defined in Section 10.2. The parties acknowledge and agree that the daily amounts set forth above for liquidated damages are reasonable due [o increased costs of administrating the Contract, and increased consultants' expenses, incurred by the Owner due to delays in completion. § 9.22.3.1 If the Contractor is delayed at any time in [he commencement or progress of the Work by an act or neglect of the Owner or Architect, ,the Construction Manager , any of their employees, or of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in tlelivefies; transportation, unavoidable casualties or other causes beyond the Contractor's control; or by delay authorized by the Owner pending ;mediation; or by other causes that the Architect or Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect and Owner may determine. This provision shall not affect or limit [he Owner's rights against anypartv other than the Contractor. PAGE 39 Atldkions antl Deletions Report for AIA Document A295^' -2008. Copyright02008 by The Amedcan Institute of Amhitects. All dghls reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International TreMies. Unauthorized reproduction or distdbutlonof this AIA® Document, 24 or any portion of it, may resuk in severe civil and criminal penakies, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:22:47 on 03/12/2010 untler Ober No.1000396152 t which expires on 04/22/2010, and is rwt for resale. User NOtes: (1781739831) The Contractor shall submit to the Architect, Owner, and Construction Manager, before the first Application for Payment submitted for construction of the Work, a Schedule of Values allocating the entire Contract Sum to [he various portions of [he Work and prepared in such form and supported by such data to substantiate its accuracy as the ,Architect, Owner, and Construction Manager may reauire. The Schedule of Values shall include a separate line item for montlilv updating of the As-Built Record Drawings in electronic format. This Schedule of Values, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 9.23.3.7 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect and Construction Manager an itemized Application for Payment prepared in accordance with the ^-`m . ,Schedule of Values for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Construction Manager, Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the GMP Documents. PAGE 40 § 9.23.3.2 Unless otherwise provided in the GMP Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner [o establish the Owner's title to such trteterials sRd-equigt~FStored materials and eauipment, which must be properly labeled with the Protect identification, must be in a bonded warehouse, must be available for inspection by the Architect and Construction Manager, and must be accompanied by documentary evidence as to quantity and value of materials, including insurance on the materials as evidenced by a Certificate of Insurance or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.23.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass [o the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to [he Work. Evidence of payment for all work included in previous payments to the Contractor shall be provided in writing from each subcontractor and material supplier. § 9.23.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the ArchitecPs evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the GMP ~eeatnents-Documents, and that the As-Build Record Drawings are undated in electronic format, and that the Contractor's Construction Schedule is updated, through the date of [he Application for Payment. The foregoing representations are subject to an-the Architect's evaluation of the Work for conformance with the GMP Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from [he GMP Documents prior to completion and to specific qualifications expressed by the Owner or the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the Addhions and Deletions Report for AIA Document A298TM -2008. Copyright©2008 by The American Institute of Architects. All rights reserved. WARNING: this AIA® Document is protecletl by U.S. Copynght Law antl International Treaties. Unauthodzed reproduction or distdbution of this AIA® Document, 2rJ or any portion of it, may resua in severe civil and cdminal penakies, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:22:47 on 03/12/2010 under Order No.1000396152_7 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.23.4.3 The >4re4>feeeFConstruction Manaeer shall maintain a record of the Applications and Certificates for Payment. 4 9.23.4.4 Retainaee often percent (10°/nl will be withheld until the Contractor is fifty uercent (50%) completed with the Construction Phase of the Work. Thereafter, the accumulated retainaee may be held without additional retainaee. § 9.23.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in [he Architect's opinion the representations tothe Owner required by Section 9.23.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contmc[or and Owner with a concurrent coot/ [o the Construction Manaeer as provided in Section 9.23.4.1. If the 6eREfaeteFContractor, Construction Manaeer and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as maybe necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 9.3.2, because of PAGE 41 .6 repeated failure to carry out the Work in accordance with the GMP Documents. .7 reasonable evidence the Work cannot be completed for the unpaid balance of [he GMP; .8 contractor's failure to obtain necessary permits or licenses or to comply with applicable codes, reeulations, or other laws; .9. failure to maintain current AsBuilt Record Drawings in electronic format .10 failure to maintain a current undated Construction Schedule: .71 failure of the Contmctor to comply with arovisions of the GMP Documents. § 9.23.5.2 When the above reasons for withholding certification aze removed, certification will be made for amounts previously withheld. In the event the Architect nullifiesapreviouslvissued Certificate forPavmentandtheOwnerhas, prior to such nullification, paid thereon, the Contractor shall promptly reimburse to the Owner amounts [he latter had paid pursuant to the nullified Certificate for Payment. Alternately. the Owner may withhold payment in ant/ subsequent Application for Payment until the reasons for nullification of the previously issued proiect Certificate for Payment have been remedied. § 9.23.5.3 ^^ "~° ^°°• ^°-i0~°^'° ` - °°~-^°-~' The Contractor shall not stop work or temilnate the Contract if the Architect should refuse to issue certification under Section 9.23.5 or its subsections or ant/ other portion of the General Conditions as supplemented herein. 9.23.5.4 If the Architect withholds certificafion for payment under Section 9.23.5.1.3, the Owner mat/, at its sole option, issue ioint checks to the Connector and to env Subcontractor or material or eauipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check. the Owner shall notify the Architect and [he Architect will reflect such ayment on [he next Certificate for Payment Addklons and Deletions Report for AIA Documem A295"' - 2008. Copyright 02008 by The American Institute of AmhitecLS. All dghts reserved. WARNING: This AIA® Document Is protectetl by U.S. Copydght Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 28 or any poRlon of k, may resuk In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible antler the law. This document was produced by AIA software at 14:22:47 on 03/12/2010 antler Order No.1000396152_t which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) G 9.23.8.2.1 The Contractor shall not withhold from anv Subcontractor sums due the Subcontractor for completed Work which has been paid for by the Owner. Sums withheld by the Owner from the Contractor for deficiencies solely attributable to the Contractor shall not be eroands for the Contractor to withhold sums due to anv Subcontractor. § 9.23.8.3 The "_~~'°°' Construction Manaeer will, on request, famish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by [he Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.23.8.4 The ^°-°_ `-° "° =°"' `° _°° °• °a°°°° ~°--• "-° ^-°'-°°`°_ `'ontractor shall provide written evidence to the Owner that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted ~IFWork, beeinnine with the second Application for Pavment. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subwntractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. PAGE 42 § 9.23.6.7 payments-Paytnents received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held in trust by the Contractor for those Subcontractors or suppliers who perfotxned Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay [he Contractor within seven days after the date established in the GMP Documents the amount certified by the teselatiee~Architect, then the Contractor may, upon sever~l5 (fifteen) additional days' written notice to the Owner and Architect, stop the Work until payment of [he amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, plus interest as provided for in the GMP Documents. § 9.23.8.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the GMP Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to [he Architect and Conshuction Manaeer as provided under Section 10.1.4. Consent of the Comtmctor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.23.8.2 hnmediately prior to such partial occupancy or use, the BwReFOwner and Construction Manaeer, the Commissionine Aeent, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and recerd-carefully document the condition of the Work. PAGE 43 § 9.24.2.4 When use or storage of explosives or other hazazdous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carryon such activities only under Atldilions and Deletions Report for AIA Documerrt A295^' - 2008. Copyright ©2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is prolectetl by U. S. Copyright Law and International Treaties. Unauthonzetl reprotluction or tlistdbution of this AIA® Documem, 27 or any portion of it, may result in severe civil antl criminal penalties, and will be prosecutetl to the maximum extent possible antler the law. This document was produced by AIA software at 14:22:47 on 03/12/2010 under Order No.1000398152_1 which expires on 04/22/2010, antl is not for resale. User NOtas: (1781739831) supervision of properly qualified personnel. The Contractor shall not use or store explosives or other hazardous materials or eauioment on the Proiect without the advance written consent of the Owner after 15 (fifteen) days written notice. § 9.24.3.1 The Contractor is responsible for compliance with any requirements included in the GMP Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in [he GMP Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the AwReFOwnec Construction Manaeer and Architect in writing. § 9.24.3.2 Upon receipt of the Contmctor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise requved by the GMP Documents, the Owner shall furnish in writing to the Construction Manaeer, Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Construction Manaeer. Contractor and [he Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Construction Manaeer, Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down, delay and start-up. § 9.24.3.4 The Owner shall not be responsible under this Section 9.24.3 for materials or substances [he Contractor brings t0 the.-- -- ^-~ -~~..::_a ~~ •w^ na xn n__„~e_... ~_ n.. _.V „~_u ~ ---- ----- --------- - ------ ---_ _. _ . _ ..._ .,..~ ~.,_,... _..w....., .,.......,.,.....,. side to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. PAGE 44 i § 9.25.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the GMP Documents, it must, if requested in writing by the Construction Manaeer or Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. Atltlaions end Deletions RepoM1 for AIA Document A295TM -2008. Copyright®2005 by The Amedcan Institute ofArchitects. All dghts resarvatl. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or tlisldbution of this AIA® Document, 28 or any portion of a, may resua in severe civil antl criminal penalties, and will be prosecutetl to the maximum ezteM possible under the law. This document was protluced by AIA software at 14:22:47 on 03/12/2010 under Order No.1 000 395 7 52_7 which expires on 0422/2010, and is not for resale. User NOtes: (1781739831) § 9.25.1.2 If a portion of the Work has been covered that [he Architect has not specifically requested [o examine prior to its being covered, the Construction Manager or Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the GMP Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the GMP Documents, such costs and the cost of correction shat l be at [he Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. The Contractor shall promptly correct Work rejected by the Architect or Commissioning Agent or failing to conform to the requirements of the GMP Documents,whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Construction Manager's, Architect's and Commissioning Agent's services and expenses made necessary thereby, shall be a[ [he Contractor's expense. § 9.25.2.2.1 In addition to the Contractor's obligations under Section 9.5, if, within eRe-yeeftwo years after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.23.8.1, or by terms of an applicable special warranty required by the GMP Documents, any of the Work is found to be not in accordance with the requirements of the GMP Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the exe-yeuHwo-vear period for correction of W ork, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by [he . Contractor. If the Contractor fails [o correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 9.25.2.7. § 9.25.2.2.2 The ene-yeeFtwo-year period for cortection of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 9.25.2.2.3 The ene-yeaFtwo-vear period for correction of Work shall net-be extended by-for any corrective Work performed by the Contractor pursuant to this Section 9.25.2. The obligation to correct the Work shall include any repairs and replacement to any part of the Work or other property that is damaged by the defective Work However in no instance shall the duty [o correct repair or replace the Work provided under this section exceed a duration of three (31 years from the date of Substantial Completion. PAGE 45 § 9.25.2.5 Nothing contained in this Section 9.25.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the GMP Documents. Establishment of the ene-yeaFtwo-year period for correction of Work as described in Section 9.25.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the GMP Documents maybe sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. Upon commencement of the Work, if the Contractor defaults or neglects to carry out the Work in accordance with the GMP Documents and fails within aten-day period after receipt of written notice from [he Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. Tn such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Construction Manager's or Owner's or Architect's additional services made necessary by such default, neglect or failure. Such action by the Owner and Addkions and Deletions Report for AIA Documem A295TM - 2008. Copyright m 2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U. S. Copydght Law and International Treaties. Unauthodzetl reprotluctlon or tlistdbulion of this AIA® Document, 29 or any portion of it, may result in severe civiland criminal penahias, antl will be prosecuted to the maximum ezteM possible under the law. This Document was produced by AIA software al 14:22:47 on 03/12/2010 under Order No.1000398152_i which expires on 04/22/2010, and is not for resale. User Notes: (1781739831) amounts charged to the Contractor aze both subject to prior approval of the "-Construction Manager. If payments then or [hereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. PAGE 46 § 9.26.3 The Architect responsibility to administer the Contract terminates on the date the ~itest-issuesOwner aooroves the final Certificate for Payment. § 9.26.4.3 The Architect, in consultation with the other Project participants, shall interpret and decide matters concerning performance under, and requirements of, the GMP Documents on written request of either the Construction Manager. Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 9.26.4.4Interpretations m~-deeisiens-of the Architect shall be consistent with the intent of and reasonably inferable from the GMP Documents and shall be th writing or m the form of drawings. When making such tnter~etefieRs interpretations, and decisions, the Architect shall not show partiality to either, and shall not be liable for results of interpretations er-~eeisieRS-rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the GMP Documents. § 9.26.5.7 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 9.26.5.2 Lt accordance with the Architect-approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Safnples,-but "- ^"- °T "~Samoles. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. PAGE 47 § 10.1.3 The onstruction Manager shall schedule the Architect's inspections to be conducted with the Owner and the Commissioning Agent to check conformance of the Work with the requirements of the GMP Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 10.1.4 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepaze and submit to the Architect and Construction Manager a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the GMP Documents. § 10.1.5 Upon receipt of the Contractor's list, the Architect and Commissioning Agent will make an inspection to determine whether the Work or designated portion thereof is substanfially complete. If the Architect's or Commissioning Aeent's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with [he GMP Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Addkions and Deletions Report for AlA Document A295TM -2008. Copyright02008 by The American Institute ofArchitects. All rights reserved. WARNING: This AIA® Document Is proteQed by U.S. Copyright Law and International Treaties. Unauthorized reproduction or tlislribution of this AIA® Document, 30 or any portion of it, may resuk in severe civil and criminal penakies, and will be prosecutetl to the mazimum extent possible untler the law. This document was produced by AIA software at 14:22:47 on 03/17/2010 under Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) Completion, complete or correct such item upon notification by the ""-r~t~~Architect or Commissioning Agent. In such case, the Contractor shall then submit a request for another inspection by the Architect and Construction Manager to determine Substantial Completion. PAGE 48 § 10.1.7 The Architect shall forward to the Owner the following information received from the Contractor. (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of 1ieRSClaims or bonds indemnifying the Owner against 1ieRS; claims: and (3) any other documentation required of the Contractor under the GMP Documents. § 10.1.9 The Certificate of Substantial Completion shall be submitted to [he Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for 200% of the value of the Work that is incomplete or not in accordance with the requirements of the GMP Documents. The value of the incomplete or noncompliant Work shall be based on the Cost to the Owner to complete or repair the Work using other Contractors. 510.1.10 The Contractor shall provide a digital video record of all Owner stafftrainine and commissioning of euuipment. These videos will become a permanent part of all Operations and Maintenance manuals as applicable. § 10.1.11 The Contractor shall famish the Owner "As-built Record Dmwines" on CD disk usine Au[oCAD Version 2004 or late~and one set of reproducible molars, certified and stamped by an engineer licensed in the State of Colorado. The Architect shall furnish one set of the original bidding documents to the Contractor for this work as "backgrounds" in electronic media as described above. Record Specifications shall be similarly modified, using the latest version of MS Word Windows XP. The Contractor shall furnish the Owner "As-built Record Drawings" on compact disk at Final Completion. § 10.2.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and eeeeg+Eenee acceptance, and a Final Certificate of Occupancy has been obtained on each building, and upon receipt of a final Application for Payment, [he ~Arehifee4-wiN-Construction Manager will schedule the Architect and Commissioning Agent [o promptly make such inspection and, when [he Architect €Nt~s-and Commissioning Agent find the Work acceptable under [he GMP Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating [hat to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, [he Work has been completed in accordance with terms and conditions of the GMP Documents and [hat the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 10.2.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 10.2.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insumnce required by the GMP Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at leas[ 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason [hat the insurance will not be renewable to cover the period required by the GMP Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of Iiens~ claims, security interests or encumbrances arising out of [he Contract, to the extent and in such form as may be designated by the Owner If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify [he Owner against suchlieR-claim. If such Iieri-claim remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner maybe compelled to pay in discharging such'~cla~m including all costs and reasonable attorneys' fees. Atltlhions antl Deletions Report for AIA Document A288^' -2008. Copyright®2008 by The American Institute o(Amhitects. All dghts reserved. WARNING: This AIA® Documem is protectetl by U.S. Copynght Law antl Imernational Treaties. Unauthorizetl reprotluction or distribution of this AIA® Document, 31 or any portion of it, may resua in severe civil and cdminal penalties, and will De prosecutetl to the maximum extern possible under the law. This document was protlucetl by AIA software at 14:22:47 on 03/17/2010 under Order No.1000396152_1 which expires on 04/22/2010, antl is not for resale. User NOtes: (1781739831) § 10.2.3If, after Substantial Completion of the Work, final wmpletion thereof is materially delayed through no fault of [he Contractor or by issuance of Change Orders affecting final completion, and the Construction Manager or Architect so eeRft~confirm, the Owner shall, upon application by the 6eRtraeteEContrac[or, or recommendation by the Construction Manager, and certification by the Architect, and without terminating the Conhact, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated th the GMP Documents, and if bonds have been famished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. PAGE 49 11.1.1 The construction. Until the OCIP insurance coverage is fiut}lei clarified by addendum the Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims se[ forth below which may arise out of or result from the Contractor's operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them maybe liable: § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the GMP Documents or requved bylaw, whichever coverage is greater Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the Work unfit the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor's completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the GMP DeeeRreet~Documents, or until the end of the Colorado statute of repose, whichever is longer. § 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at leas[ 30 days' prior written notice has been given [o the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 10.2 and thereafter upon renewal or replacement of such coverage until the expiration of [he time required by Section 11.1.2. Information wncerning reduction of coverage on account of °°- =°°a"-"° °--claims paid under the General Aggregate, er-kefhshall be famished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the GMP Documents to include (1) the Owner, the Construction Manages the Architect and the Architect's consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contmctor's completed operations. 6 11.1.5 Limits of Insurance: 1 Workers' Compensation insurance to cover obligations imposed by applicable Colorado laws for any emplovee engaged in the performance of work under this contract, and Emplovers' Liabi[irv insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.001 for each accident, FIVE HUNDRED THOU- SAND DOLLARS ($500,000.001 disease - policv limit, and FIVE HUNDRED THOUSAND DOLLARS ($500 000 00) disease -each employee. The oolicv shall contain a waiver of subrogation in favor of the Owner. Atltlaions antl Deletions Report for AIA Document A295T" -2008. Copyright®2008 by The American Institute of Architects. All rights reservetl. WARNING: This AIA® Document is Drotecletl by U.S. Copyright Law and International Treaties. Unauthorized reproduction or tlistdbution of this AIA® Document, 32 or any portion of a, may resua in severe civil and criminal penaaies, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:22:47 on 03/12/2010 under Ober No.1000396152 1 which expires on 04/22/2010, antl is not for resale. User NOtes: (1781739831) .2 Commercial General Liability insurance with minimum combined single limits of TWO MII,LION DOLLARS ($2,000,000.001 each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aga'eeate. The policv shall be applicable to all premises and operations. The oolicv shall include coverage for bodily iniurv, broad form property damage (including completed operational, personal iniurv (including coverage for contractual and employee acts), blanket contractual, XCU, independent contractors, products, and completed operations. The policv shall contain a severability of interests provision and a waiver of subrogation in favor of the Owner. .3 Comyrehensive Automobile Liabi[ity insurance with minimum combined single limits for bodily iniurv and property damage of not less than ONE MILLION DOLLARS ($1,000,000.001 each occurrence and ONE MILLION DOLLARS ($1,000.000.001 aggregate with respect to each Contractor's owned, hired and non-owned vehicles assigned to or used in performance of the Work. The oolicv shall contain a severability of interests provision and a waiver of subrogation in favor of the Owner .4 Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MII,LION DOLLARS ($1,000,000) aggregate. § 11.1.6 Failure to maintain insurance: Failure on [he part of the Contractor to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which Owner may immediately terminate [his contmct, or at its discretion Owner may procure or renew anv such policy or anv extended reporting period thereto and may pav anv and all premiums in connection therewith. and all monies so aw Owner shall be repaid by Contractor to Owner upon demand, or Owner may offset the cost of the premiums against monies due from Owner. § 11.1.7 Insurance Pdicies: Owner reserves the right to request and receive a certified copy of anv policv and anv endorsement thereto. §11.1.9 Owner's Insurance: The parties hereto understand that the Owner is a member of [he Colorado Intereovern- men[al Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualri Pool. Copies of the CIItSA policies and manual are kept at the City of Aspen Finance Department and are available to Contractor for inspection during normal business hours. Owner makes no representations whatsoever with respect [o specific coverages offered by CIItSA. Owner shall provide reasonable notice of anv chanties in its membership or participation in CIRSA. §11.1.10 Deductible: The Contractor shall pav anv amounts not covered because of a deductible. PAGE 51 § 11.3.1 Unless otherwise provided, the AwnefContractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contmct h4edifieafiepsModifications. Amendments, and cos[ of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the GMP Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insuuance, until final payment has been made as provided in Section 10.2 or until no person or entity other than [he Owner has an instuable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Construction Manager, the Contractor, Subcontractors and Sub-subcontractors in the Project. Atld'6ions and Deletions Report for AIA Documem A285TM -2008. Copyright©2008 by The American Institute ofArchitecls. All rights reservetl. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 33 or any portion of a, may resua in severe civil and criminal penalties, and will be prosecutetl to the maximum extern possible untler the law. This document was produced by AIA software at 14:22:47 on 03/17/2010 under Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) to Owner, its officers, or its employees. ..L....,..:aL...d........•:A~_.. •L.. l~.... •..,,,d,._:.. ..._. uvv •.u.vm .rv uvuaJ , f •L.._•L.. ll..._,._..L„Ill....._..11 _........-...Ll.. ......•.. ,~1 § 71.3.1.3 If the property insurance requires deductibles, the Contractor shall pay costs not covered because of such deductibles. The BwneFContractorshgll purchase and maintain boiler and machinery insurance required by the GMP Documents or bylaw, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Construction Manager, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. 'r''' ° ^--°- ° °~• °° °" ~ °"•° °6 ° °•~ °- § 71.3.4If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the ^^_°- °"°° ~~-^°°'"'°, Contractor may include such insurance, and the cost thereof shall be .submitted to the Owner for a determination regazdine incoroomtine the cost into the GMP. § 17.3.5..,.»....6....... ,. ..................u.,..r.,..,......,.,.....,,,,., ° °°,° _°,.._L...L ° __':__°_. 8....:....c .:.,~.... ~........-..»....<......°..:..d •,.° ll.....°....L..n ....:. ° ..,, ...L• ..:.. ........_A__..° ...:.L •L., •....... ..C ~.. ....,.,,.6 ,..., .Before an exposure to loss may occur. the Contractor shall file with the Owner a conv of each Dolicy [hat includes insurance coverages required by the Owner. § 11.3.6:.:.,:...... °---° _ .L.. n.-,-.°_ °L°n ar° - A.L •"° ~.._._°....._ ° _ °t °_°L -...r:.,-. v,, ;..... ', , separate contractors described m Section 9.20, if anv, and anv of their Subcontractors, Sub-subcontractors. agents and Atltlaions antl Delellons Report for AIA Documem A295^' -2008. CopyrightO2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is proteQetl by U.S. Copyright law antl International Treaties. Unauthorized reprotluclion or tlisldbution of this AIA® Document, 34 or any portion of k, may resuk in severe civil antl criminal penahies, antl will be prosecutetl to the maximum extent possible untler the law. This document was produced by AIA software al 14:22:47 on 03/12/2010 untler Order No.1000396152_1 which expires on 04/22/2010. and is not for resale. User NOtes: (1781739831) in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise A waiver of subrogation shall be effective as to a person or entiri even though that person or entity would otherwise have a duri of indemnification, contractual or otherwise, did not pay the insurance premium dvectly or indirectly. and whether or not the person or entiri had an insurable interest in the property damaged. § 11.3.7 _ e,....:,._ n ~n :r.._. .._a .._....r.Le:- c.L,.,.«.....,.«.... n L ... L....«f ............. .. ....a a..._1 _..,.,.,. a._ a_...__..,. L..fL„ll..... e.. ..,. G.l....:...... TM1.e ll.....a ,.. !`..«f..,..f... .... ..«_«.«,.:.,fo .l,.,ll .e.,..:.e ..r f6e A.,.6:fa.,. A...6;imf'.. , e e....L :_ C ..._ ..r...L.._ _..-a:,....._......,,....fed Le..e:_ TLe «..I:..: e~ ..6.,11 ...... :de ......6 .....:..e.... ..C ~,.l.........f:..., 1... .A IOSs insured under the Contractor's property insurance shall be adjusted by [he Owner in good faith and made payable to the Owner for the insureds, as their interests may appear subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor. and by appropriate written agreements, shall require Subcontractors to make payments to their Sub-subcontractors in similaz manner § 11.3.8 .The Owner shall be performed by the Contractor after notification of a Change in the Work in accordance with Section 9.21. § 11.3.9 r.The Owner shall have power to adios[ and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power, if such objection is made. the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement a:..w:L...:.._ ..r:_...._._,.,. __,.......a,. :_ ....,..._,1,._,.e ..~fL .Le a:_e,..:..«., s.Le ...L:.......... § 11.4.1 The Contractor shall famish bonds covering faithful performance of the Contract and payment of obligations arising _,.,.:c....u.. -..,...:-...1 :_ .6e r•Axn ,,,.,...«.e«,., thereunder, each in the amount of the full Contract Sum for Preconstruction Services, on the date of execution of the Contract. Upon acceptance of the Guaranteed Maximum Addaions and Deletions Report for AIA Document A295TM -2008. Copyright02008 by The Amedcan InsOtute ofNChitecis. All dghts reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law antl International Treaties. Unaulhodzed raproductlon ordistrlbutlon of this AIA® Document, 35 or any portion of it, may resuk in severe civil and criminal penalties, antl will be prosecuted to the maximum extent possible antler the law. This document was produced by AIA software at 14:22:47 on 03/12/2010 under Ortler No.1000398152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) Price by the Owner and execution of the GMP Amendment. such bonds shall be increased to an amount equal to the Guaranteed Maximum Price plus Preconstrnction Services. Such bonds shall be issued by a sureri company licensed in Colomdo, with an A.M. Best refine of at least A-, included on the U.S. Treasury Deoartrnent's listrne of approved sureties, and acceptable to the Owner. PAGE 52 § 11.4.3 The bond form shall be Performance Bond - AIA Document A312. 1984 Edition, paees one throueh and includine seven, includine a certified Power of Attorney. § 11.4.4 Performance and Pavmen[ Bonds maybe required by the Owner, at the Owner's sole discretion, from subcontractors. If the Owner requests performance and payment bonds from subcontractors, then the Owner will pay such actual, additional expenditures as Cost of the Work. § 11.4.5 The Contractor shall also furnish maintenance bonds as required under the GMP Documents. PAGE 54 Payments due and unpaid under the GMP Documents shall bear interest from the date payment is due at sne}rraie-as .the leeal rate prevailine in Colorado of eieht percent (8%) per annum, compounded annually. No interest shall be due to the Contractor for oavments retained or withheld as a result of subcontractor or materialmen claims. No interest shall be due to the Contractor on retainaee withheld due to incomplete or defective Work The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with Article 13 within the time period specified by .Colorado law. The Owner and Contractor waive all claims and causes of action no[ commenced in accordance with this Section 12.6. Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the hiltial Decision Makes with a copy sent to the "-°'-:•~°• :r.t_e ~ _,.r.:.e...:.. _,.. _e ...,._ ,_:.:... r,,.,.:..:,,_ x.r....,._ Construction Manaeer.. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. 13.1.2.1 Claims aeainst the Owner shall be in the form of a written notice containine the name and address of the claimant, and the name and address of the attorney, if any; a concise statement of the basis of the claim, includine the date, time, place, and circumstance of the act, omission, or event complained of; a concise statement of the nature and extent of [he iniurv claimed to have been suffered; and a statement of [he amount of monetary damaees that is beine requested. 13.1.4.1 ht no event shall adjustment to the Contract Sum be made for conditions of which the Contmctor knew or should have been known, or which would have been noticed by a Contractor of similaz experience pursuant to on-site inscecfion, by condifions referenced in any other inspections or tests concerning the site which have been made available to the Contractor. which have been performed by the Conttactor or its subcontractors. or are part of the GMP Documents used in constructine the im4rovemenu Atldftions antl Deletions Repoli for AIA Document A295^' -2008. Copyright®2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copydght Law and Imernational Treaties. Unauthorized reproduction or distdbmion of this AIA® Document, 3s or any portion oT ft, may resuh in severe civil and criminal penalties, antl will be prosecuted to the maximum extent possible untler the law. This tlocumenl was pro0ucetl by AIA software al 14:22:47 on 03/17/2010 under Order No.1000396152_7 which expires on 04/22/2010, antl is no[ for resale. User NOtes: (1781739831) PAGE 55 a>3eed between Owner and Contractor, for the proiect area. Extensions of time due to weather will be granted on the basis of one-and-four-tenths (1.4I calendaz days added for every working day lost, with each separate extension figured to the nearest whole calendar day. The extension of the Contract Time for weather conditions will occur only in the event that the weather in question impacted activities on the critical oath of the Contractor's current Construction Schedule. .' aw,~--~s~s ac~;~~y-t.".° ^~-~:=,r;-°--`.m--retHtd ex$enses, €er lasses a€use, ineeme; prefi~finaneing, § 13.2.1 Claims azising after the commencement date of the Work, excluding those arising under Sections 9.24.3, 9.24.4,11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision .Maker. Except for those Claims excluded by this Section 13.2.1, an initial decision shall be required as a condition precedent to mediation of any such Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Inital Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. PAGE 56 § 13.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Project except those waived as provided for in Sections 10.2.4, 10.2.5, and 13.1.6 shall be subject to mediation as a condition precedent to bittdi7ig :rli6gation. Venue and ittrisdiction for env suit brought to enforce the terms of this Agreement shall be in Pitkin County District Court, State of Colorado. § 13.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the Judicial Arbiter Group, Denver, Colorado, in accordance with tts-Construction Industry Mediation Procedures in effect on the date of the Owner-Contractor Agreement. A request for mediation shad be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering [he mediation. The request maybe made concurrently with the filing of binding litigation but, in such event, mediation shall proceed _ ..........:.._ _-,...,.°a:__,...,1.:°>, ..1.°u >,° ,..°..°a _°_a:.._._.°,7:.,.:,... F _ .. _°.:,.a ,.c within 60 days from the date of filing, unless stayed for a longer period by agreement of the IaEeFpreeee~ingg an roes. § 13.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the-place ...1.°_°.7.°n_°:°°.:.1°°°.°,, .._t°°°......ua.l......:,._:..,,.,....u. ,.,._ee,7.._,.., n,»e°..,a,..Aspen,Colorado. Written Agreements, executed by the parties, reached in mediation shall be enforceable as settlement agreements m any court having jurisdiction thereof. Adtlaions and Deletions Report for AIA Document A295*' -2009. Copyright®2008 by The Amedcan Institute of Architects. All dghts reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthodzetl reproduction or tlistdbution of this AIA® Document, 37 or any portion of it, may rasuh in severe civil and cdminal penalties, and will be prosecutetl to the maximum extent possible antler the law. This Document was protluced by AIA software at 74:22:47 on 03/12/2010 under Order No.1000396152_1 which expires on 04/22/2010, and is not far resale. User Notes: (1781739831) ARTICLE 14 OWNER'S ADDITIONAL SPECIFIC CONCERNS § 14.1 Notwithstanding [he above, the Owner has a unique set of stakeholders with which the Owner must cooperate and coordinate. The Contractor shall cooperate with the Owner and the Owner's stakeholders throughout the Proiect when requested by the Owner. .1 The Contractor shall participate once per month in a progress meeting with the Owner, including a walk-through of the site. 2. The Owner may request tours from time to time of the project and the site. The Contractor shall indicate in writing when such activity will be permitted and when the site is off limits. These requirements shall be coordinated through the Construction Manager. ARTICLE 15 Illegal Aliens -CRS 8.17.5.101 8 2476.5.101 § 15.2 Definitions. The following terms are defined in the new law and by this reference are incoroorated herein and m any contract for services entered into with the Owner. or its successor program. .2 "Department program" means the employment verification program established ptusuant to Section 8-17.5-102(51(cl. .3 "Public Contract for Services" means this Agreement. .4 "Services" means the famishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to [he required performance. § 15.3 By signing this document. Conttactor certifies and represents that at this time: .1 Contractor shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under [he public contract for services; and .2 Contractor has participated or attempted to participate in either [he e-verify program or the department program in order to verify that new emolovees are not illeeal aliens. 6 15.4 Contractor hereby confirms that: .1 Contractor shall not knowingly employ or contract with an illeeal alien to perform work under the Public Contract for Services. .2 Contractor shall not 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 illeeal alien to perform work under the Public Contract for Services. .3 Conttactor has confirmed the employment eli ig bility of all emolovees who are newly hired for e~loyment to perform work under the public contract for services through participation in either the e-verify program or the department program. AddNions and Deletions Report for AIA Document A295TM - 2006. Copyright ®2008 by The American InsOtute of Architects. All dghts reserved. WARNING: This AIA® Document is protected by U. S. Copydght Law and Imernational Treaties. Unauthorized reproduction or Oistnbution of this AIA® Document, 38 or any ponion of it, may resua in severe civil and cdminal penaaies, and will ba prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:22:47 on 03/12/2010 under Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been desimed to comply with the requirements of this new law. .4 Contractor shall not use the either the e-verify program or the department program procedures to undertake ore-employment screening of iob applicants while the Public Contract for Services is being performed. 5 If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowin I em to or contracts with an ille al alien Contractor shall: .1 Notify such subcontractor and the Owner within three days that Contractor has actual knowledge that the subcontractor is employing or subconhacting with an illegal alien; and with the subcontractor if during such three days the subcontractor movides information [o establish that the subcontractor has not knowingly employed or conhacted with an illegal alien. .6 Contractor shall comply with env reasonable request by the Colorado Department of Labor and Emnloymen[ made th the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5) C.RS. .7 If Contractor violates env provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.RS. the Owner may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual damages to the Owner arising out of Contractor's violation of Subsection 8-17.5-102, C.RS. [ AR A A~,D~ITD~,rA TIR; A A7 A ~ ~ A A..«...«d A......A,: ~..,. ~:..., ..L..II Le .-,..de «,. e.,..l: e. ~1..,« .,,.«., ..e..~l, d~6 ~l.e F:1:«....F., .e.,. es F R 77 A A 7 TR... ll,. ~..»..«A /~,.«a....,.~.... ..~ al. e:-:«d6.:d ...1 A:..,...e~:,.« ..,....:«„L.de 1.., :,.:«de. «e.....«.. ,.- e..~:6e.. Atltlttions and Deletions Report for AIA Document A295" - 2008. Copyright ©2008 by The American Institute of Architects. All rtghts raservetl. WARNING: This AIA® Document is protectetl by U.S. Copydght Law antl International Treaties. Unauthodzed reproduction or distrtbution of this AIA® Document, 39 or any portion of it, may result in severe civil and cdminal penalties, and will be prosecuted to the maximum extern possible under the law. This Document was produced by AIA software at 14:22:47 on 03/12/2010 under Order No.1000396152_1 which expires on 04/22/2010, antl is not for resale. User Notes: (1781739831) v..vo~w. au~uv~ uLv ~ou~T ~iv~m A f AtltlHions antl Deletions Report br AIA Document A295^' -2008. Copyright®2009 by The Amedcan Institute ofArohitects. All rights reservetl. WARNING: This AIA® Document is protecletl by U.S. Copyright Law and International Treaties. Unauthorized reproduction or tlistribution of this AIA® Document, 40 or any portion of it, may resuH in severe civil antl criminal penaHles, antl will be prosecutetl to the maximum extent possible untler the law. This Document was protluced by AIA software at 14:22:47 on 03/12/2010 under Order No.1000396152_7 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) Certification of Document's Authenticity AIA® Document D401T"" - 2003 I, Janet Lawler McDaniel, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 14:22:47 on 03/12/2010 under Order No. 1000396152_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document A295TM - 2008 - Geneml Conditions of the Contract for Integrated Project Delivery, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 TM - 2003. Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copydght Law and Intemationai Treaties. Unauthorized reproduction or distribution oT this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, antl will be prosecuted to the maximum extent possible untler the law. This document was produced by AIA software at 14:22:47 on 03/12/2010 under Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User Notes: (1781739831) Certification of Document's Authenticity AIA® Document D401 TM' - 2003 I, 7anet i.awler McDaniel, hereby certify, to the best of my knowledge, information and belief, that I created the attnched final document simultaneously with ita associated Additions and Deletiona Report and this certification at 14:22:47 at 03/12@010 tinder Order No. (000396152 I Gom AlA Contract Documents software and that in preparing the etMChed final document 1 made no changes to the original text of AlA°r Document A2957"t -2008 - Oenera! Conditions of the Contract for Integrated Project Delivery, as published by the AIA in its software, other than those additions and deletions shown in the associatal Additions and Deletions Reptxt. ~~~~~h P (Signed) r / r'T7lY/t~'y (7irie) 3~l~~0 (Dn1ed) AIA Cocumant DaOt ^' - 2003. Copyrl0ht 01992 end 2003 by The American InsliWb of Arohaacta, All r101tn rofarvatl. WARNING: Thla AIA' Document Ia prolaMad by U.S, Copytl9hf Law and Inbmallonal Trntlas. Unwthorixad reproductbn or tlhtrtbuaon of Mls AIAa Oocumant, or any portion of Iq may vault In eaves ehll and crhninal pmahbs, and will ba proaacuNd to Me maximum axbm pmsibb under tM law. This document wee protluced by AIA eallwere at 1/22.47 on 0311212010 under Order No.10003BB152 1 which sxplro6 on 042212010, end is nol for resale. Uaar NOtaa; (1751739831) uA ,~ -~(NI r31-r Burlingame Ranch Phase II Request for Proposals: Preconstruction Services /Contractor at Risk City of Aspen, Colorado December 23, 2009 THE GTY OF ASPEN 130 South Galena Street Aspen, CO 81611 (970)920-5000 www.aspenpitkin.com FINAL DR4FT Page 1 of 20 City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals - Preconstruction Services I Contractor at Risk Table of Contents 1.0 Introduction 3 1.1 Invitation 1.2 Project Description 3 1.3 Project Approach 3 2.0 RFP Process 6 2.1 Process 6 2.2 Schedule 6 2.3 Selection Criteria ~ 2.4 Contracts ~ 3.0 Scope of the Project 8 3.1 Background 8 3.2 Building Program 8 3.3 Phase II MuRifamily Building Area Analysis 9 3.4 Design Process 10 4.0 Scope of Services 12 4.1 Integrated Project Delivery Team Approach 12 4.2 Detailed Description of Services 12 5.0 Proposal Requirements 18 5.1 Qualifications 18 5.2 Proposed Services 19 5.3 Fee Worksheet 19 5.4 Proposal Format 19 6.0 Owner's Language 20 6.1 Interests of the City of Aspen 20 6.2 Insurance Requirements 20 7.0 Exhibits 20 7.1 Contracts 20 7.2 Conceptual Plans 20 FINAL DRAFT Page 2 of 20 City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals -Preconstruction Services /Contractor at Risk 1.0 Introduction The purpose of this Request for Proposals (RFP) document is to solicit proposals from prequalified builder/contractor firms to serve as a provider of preconstructionseryices and as a contractor at risk for Phase II of the Burlingame Ranch affordable housing development in Aspen, CO. If your fine is in receipt of this RFP, then your firm has been prequalified and is invited to submit a proposal for the services described herein. 1.1 Invkation Your firm has been selected as a finalist to prepare a response to this Request for Proposals (RFP) based on your previously submitted response to the Burlingame Ranch Phase II Request for Qualifications -Preconstruction Services / Contractor at Risk document dated October 21, 2009 by the City of Aspen. 1.2 Project Description The City of Aspen is in the process of developing alarge-scale affordable housing development at Burlingame Ranch in Aspen, Colorado. Burlingame Ranch is located approximately 2.5 miles northwest of downtown Aspen and can be accessed from State Highway 82 by turning East onto Harmony Road and following Harmony Road for approximately 1/2 mile to Burlingame Ranch. Phase I of the development has been completed and consists of 91 units, consisting of 84 multifamily units and 7 single family lots. Phase II of the development will consist of an additional 167 units, consisting of 161 muRifamily units and 6 single family lots. Project Breakdown by Phase: Phase I 84 . . 15 7 Complete Phase II 161 20 6 RFP TOTAL 245 35 13 258 TOTAL The GRAND TOTAL will be 258 total units, consisting of 245 muRifamily units and 13 single family lots. This RFP is for Phase II only. 1.3 Project Approach Phase I of the Burlingame Ranch affordable housing development utilized adesign-build project delivery methodology. After the substantial completion of Phase I of the development, the City of Aspen was moving forward in spring of 2008 with designs for Phase II. The Phase II design process was put on hold in spring of 2008, and a number of citizen groups weighed on what should be the City's approach to Phase II of the development. One such citizen group was the "Construction Experts Group" (CEG). The CEG developed a number of recommerxiations for Phase II, including conceptual plans as well as the AIA's Integrated Project Delivery (IPD) project delivery methodology. The City of Aspen subsequently decided to adopt the CEG's recommendations and pursue IPD for Phase II. FINAL DRAFT Page 3 of 20 City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals - Preconstruction Services /Contractor at Risk 1.3.1 Integrated Project Delivery (IPD) The CEG's recommendation on project delivery methodology was as follows: "The City should pursue, with the assistance of the Development Management ConsuRant, an Integrated Project Development Team (IPD) including Design services, Construction Management-Constructor (CMc at Risk) services, Commissioning Service Provider, and Internal Stakeholders. The early formation of the IPD provides an open aril collaborative process irnoNing input from all parties -designers understand the ramifications of decisions when they are made, decisions are not made solely on a first-cost basis, and time value design (estimated budgeting) allows for cost feedback and early total project cost commitments. The "at risk" component of the CMc at Risk allows the Development Management ConsuRant and staff to recommend retaining those services through construction or seek competitive bid proposals. Retention of the services from the CMc at Risk is dependent on a verification of the bid against reliable estimates." The following IPD description has been excerpted from the AIA's "Integrated Project Delivery: A Guide" MtD://info.aia.orc/SiteObiects/files/IPD Guide 2007.pdf The AIA describes IPD as follows: "Integrated Project Delivery is buiR on collaboration, which in turn is built on trust. Effectivey structured, trust-based collaboration encourages parties to focus on project outcomes rather than their individual goals. Without trust-based collaboration, IPD will faller and participants will remain in the adverse and antagonistic relationships that plague the construction industry today. IPD promises better outcomes, but outcomes will not change unless the people responsible for delivering those outcomes change. Thus, achieving the benefits of IPD requires that all project participants embrace the following Principles of Integrated Project Delivery: • Mutual Respect and Trust • Mutual Benefit aril Reward • Collaborative Innovation and Decision Making • Early Involvement of Key Participants • Early Goal Definition • Intensified Planning • Open Communication • Appropriate Technology • Organization and Leadership" For Phase II of the Burlingame Ranch affordable housing development, the City of Aspen is assembling an IPD team consisting of the following: • Development Program Manager /Owner's Agent • Architect/EngineerDesignTeam • Contractor at Risk • Commissioning Agent • Owner (City of Aspen) • Stakeholder Groups FINAL DRAFT Page 4 of 20 City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals - Preconstruction Services / Contractor at Risk 1.3.2 IPD Team Structure The IPD team structure is envisioned and contractually designed as follows ~--------------------' ~I =Governance/AUttnriry -~^ =Communication JCdlatbration FINAL DRAFT Page 5 of 20 City of Aspen Burlingame Ranch Phase II Request for Proposals - Preconstruction Services / Contractor at Risk 2.0 RFP Process 2.1 Process December 23, 2009 ff your firm intends to submit a response to this RFP, you must send an email to chris.eversonfa7ci.asoen.co.usindicating that you are the contact person for yourfirm/team. The purpose of this registration is to make sure that your firm/team receives all of the addenda published subsequent to the initial RFP release. You must direct all questions via email to chris.eversonna ci.asoen.co.us. The City reserves the right, at its sole discretion as deemed in the best interests of the City of Aspen, to disatialifv anv candidate for Dhone calls or other direct contact with Citv staff other than via the email address provided in this section. The purpose of this Q&A procedure is to ensure that the City may track all questions, issue addenda and make sure that all respondents have access to all questions and all answers related to this RFP. The deadline for submittinct responses to this RFP is 3:OOPM, Friday, January 15, 2010. Proposals must be delivered to: Ms. Rebecca Hodgson, Purchasing Officer City of Aspen 130 S Galena Street Aspen, CO 81611 Proposals may be delivered in person, by courier, Federal Express or any other delivery service. The use of any delivery service, including registered mail, does not relieve the Respondent of the responsibility that proposals be received prior to the deadline. The selection process will consist of selection committee evaluations as per the schedule in Section 2.2. Firms not invited to the oral interviews will be notified as such prior to the date of the oral interviews. 2.2 Schedule The anticipated schedule is as follows: December 23, 2009 Issue Request for Proposals January 8, 2010 Final Addendum Issued January 15, 2010 Proposals due by 3:OOPM January 28, 2010 Oral Interviews (make sure your team is available on this date) February 1, 2010 Signed Contracts Due February 8, 2010 City Council Approval FINAL DR4FT Page 6 of 20 City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals - Preconstruction Services / Contractor at Risk 2.3 Selection Criteria Selection criteria shall include but may not be limited to the following: - Qualifications: • Relevant experience • References • Project team qualifications • Financial standing - Project approach: • Project understanding • Proposed services • Proposed staffing - Fee worksheet: • Proposed fees and reimbursables Weightings for categories will not necessarily be related to the number of line items in each category. Categories and weightings are subject to change by the selection committee based on the best interests of the City of Aspen. 2.4 Contracts The selected firm will be required to execute and perform work subject to the attached AIA A195 Agreement Between Owner and Contractor for Integrated Project Delivery and the AIA A295 General Corxiitions (see section 7.0 Exhibits). The contract documents included provide a working framework for the overall project approach and should be considered part of the scope of work required by this RFP. Initial contract amount will include only design phase fees. ff City deems it in the Cky's best interests, construction phase fees will be added by addendum. On October 20, 2009, Aspen City Council decided to go forward with this effort, however they directed that the Implementation Documents Phase not be part of the initial contract, and be added by addendum at a later date. See the fee worksheet for additional explanation. The firm ranked first by the selection committee will be granted the opportunityto sign the contracts exhibited wkh this RFP "as is". If the firm ranked first chooses not to sign the contracts exhibited with this RFP "as is", then the firm ranked second will be granted the opportunity to sigh the contracts "as is", and soon. FINAL DRAFT Page 7 of 20 City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals - Preconstruction Services /Contractor at Risk 3.0 Scope of the Project The scope of the project is to engage in an Integrated Project Delivery (IPD) team effort to design, construct and commission infrastructure and dwelling units as described below. 3.1 Background The Burlingame Ranch Affordable Housing Project consists of two phases. Phase I is complete and consists of eighty-four (84) multifamiy units plus seven (7) single-family lots, providing a mix of one, two and three bedroom affordable housing units. Phase II shall be constructed on property adjacent to Phase I. This RFP is for Phase II only. 3.2 Building Program The following information is based on conceptual plans. 3.2.1 Mukifamily Building Program Burlingame Ranch Phase II: Multifamily Building Program: - .- . • .- .- Large Modified 3 11 0 4 7 Medium 7 9 1 4 4 Medium Modified 5 7 2 0 5 Small 5 6 3 0 3 TOTALS 20 N/A N/A N/A N/A .- Large Modified 0 12 21 33 Medium 7 28 28 63 Medium Modified 10 0 25 35 Small 15 0 1S 30 TOTALS 32 40 89 161 FINAL DR4FT Page 8 of 20 This RFP is for Phase II only. City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals - Preconstruction Services I Contractor at Risk 3.2.2 Single Family Lot Program Burlingame Ranch Phase II: Single Family Lot Program: There are six (6) single family lots to be platted as part of Phase II of the project as follows: • Single Family Lots as Part of Phase II to be platted in the Phase II area of the site = 4 • Single Family Lots as Part of Phase II to be platted in the Phase I area of the site = 2 • Total existing SF Lots that were platted as part of Phase I in the Phase I area of the site = 7 • Total resuRing single family lots combined Phase I and Phase II = 13 This RFP is for Phase II ONLY. 3.3 Phase II Mutifamily Building Area Analysis The following information is based on conceptual plans. 3.3.1 Phase II Multifamily Units Livable Area: .- iBedroom 768 • 32 .. - 24,576 2 Bedroom 1,030 40 41,200 3 Bedroom 1,280 89 113,920 TOTALS N/A 161 179,696 Phase II Average Unit Livable Area: 1,116 sq ft 3.3.2 Phase II Gross Building Areas (includes parking 8 storage but not decks & patios) .~ Large Modfiied 21,840 • 3 - 65,520 Medium 15,120 7 105,840 Medium Modified 13,440 5 67,200 Small 10,080 5 50,400 TOTALS N/A 20 288,960 Phase II Average Building Area Efficiency: 62% (100% x livable area /gross area) FINAL DRAFT Page 9 of 20 City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals - Preconstruction Services I Contractor at Risk 3.4 Design Process The following design phase descriptions are excerpted from the AIA's "Integrated Project Delivery: A Guide" http://info.aia.ora/SiteObiects/files/IPD Guide 2007.pdf. See section 4.0 of this document for information on the Scope of Services requested as part of this document, but also review and consider the "Outcomes" shown for each IPD design phase in section 5 of the AIA IPD Guide. 3.4.1 Integrated Project Delivery Conceptualization (Expanded Proarammino) Conceptualization begins to determine WHAT is to be built, WHO will build it, and HOW it will be buiR. The IPD team will verify and build upon the conceptual plans that the City has already developed. Criteria Desion (Expanded Schematic Design) During Criteria Design, the project begins to take shape. Major options are evaluated, tested and selected. Detailed Desion (Expanded Desion Development The Detailed Design phase concludes the WHAT phase of the project. During this phase, all key design decisions are finalized. Detailed Design under IPD comprises much of what is left to the Construction Documents phase under traditional practice, thus the Detailed Design phase irnolves significantly more effort than the traditional Design Development phase. GMP Bid submitted. Implementation Documents (Construction Documents During this phase, effort shifts from WHAT is being created to documenting HOW it will be implemented. The goal of this phase is to complete the determination and documentation of how the design intent will be implemented, not to change or develop it. The traditional shop drawing process is merged into this phase as constructors, trade contractors and suppliers document how systems and structure will be created. In addition, this phase generates the documents that third parties will use for permitting, financing and regulatory purposes. Construction & Closeout When the GMP bid is accepted and funding is procured, the contractor will coordinate trade contractors, suppliers, and self-performed work to ensure completion of the construction according to the contract, budget, schedule and gLlality goals defined by the IPD project team. As part of the IPD design effort, the IPD team will develop a construction phasing plan that will dictate the phasing for the construction of the project. Initial conceptual plans have been developed to consider approximately four phases of forty units each. After each phase is developed, the City will sell the developed units, collect revenues and roll those revenues forward toward construction of the next phase. There is the opportunity for a construction pause between each group of forty units. The proposal should take this into consideration to the extent necessary. FINAL DRAFT Page 10 of 20 City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals - Preconstruction Services / Contractor at Risk 3.4.2 Project Schedule A tentatively proposed Phase II project schedule is as follows: Conceptualization: 4weeks (January 2010) Criteria Design: 6 weeks (February-March 2010) Detailed Design: 10 weeks (March-May 2010) GMP Bid Submitted: (June 2010) Implementation Documents: 10 weeks (August-October 2010) Construction & Closeout: 130 weeks (April 2011 -September 2013) Aspen City Council has requested that the Contractor at Risk's GMP bid be submitted by the IPD team by June 15, 2010 so that the City Council may have time to review the bid and consider placing a funding question on the November 2010 public election ballot. The deadline for placing a funding question on the November 2010 public election ballot is approximately September 1, 2010. The GMP Bid shall be completed at or about the end of the Detailed Design phase and will require presentation to stakeholder groups by the Contractor at Risk and shall include presentation of the detailed design by the Architect. This will allow for the majority of the effort required in the Implementation Documents phase to be performed between September 1, 2010 and November 1, 2010 -that is -after the election ballot language has been submitted but before the election takes place. Upon assembly of the IPD team and commencement of work, a detailed schedule must be developed, verified, agreed aril published by the IPD team. FINAL DRAFT Page 11 of 20 City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals - Preconstruction Services /Contractor at Risk 4.0 Scope of Services 4.1 Integrated Project Delivery Team Approach The following scope of services information has been substantially excerpted from the AIA's "Integrated Project Delivery: A Guide" and should be combined and reconciled with the attached contracts to fully understand the scope of services requested in this RFP. Although yourfirm's proposal is specific to the services requested herein, the scopes of services for all of the contracted IPD team members are included belowfor reference. 4.2 Detailed Description of Services 4.2.1 Conceptualization Development Program Manaoer /Owner's Agent • A/E, contractor, commissioner evaluations/selection • Overall facilitation, coordination, organization and direction of the integrated team • Team's compliance with owner's requirements • Overall project schedule • Completeness of necessary project information • Conceptual analysis of stick-buiR versus modular or panelized construction Architect/Engineer Design Team • Contractor, commissioner evaluations/selection • Validation of opportunities and options of the business proposition to the physical outcome of the project • Confirm space program meets code requirements and applicable standards and is aligned with overall project goals • Visualize massing of building and adjacency concerns on its site • Identify sustainable design outcomes that have a cost impact to the project • Design schedule • Feedback on building systems relative to achieving project performance goals • Identify unique project and system requirements that will effect project outcomes • Conceptual analysis of stick-buiR versus modular or panelized construction Contractor at Risk • Cost information: comprehensiveness and integration into model. • Constructability • Initial procurement and construction schedule, including integration into model • Initial cost data for their scope of work • Cost options for applicable scope of work • Constructability for applicable scope of work • Initial schedule data for applicable scope of work • Specific cost data • Identification of long lead items • Product data sheets • Life cycle and energy efficiency data • Conceptual analysis of stick-built versus modular or panelized construction FINAL DRAFT Page 12 of 20 City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals - Preconstruction Services / Contractor at Risk Commissioning Agent • Work closely with the IPD team to deveop the overall vision for the project and conceptual criteria for building/systems commissioning for heating and ventilating systems, fire alarm and suppression systems, domestic (hot) water systems and solar and/or ground-source preheating systems, PV systems and the remainder of building controls systems • Provide input on commissioning-related design considerations among project team members and work to develop and communicate project goals • Ensure, through communication with the IPD team, that the design being pursued by the IPD team follows and meets the overall vision for the project • Conceptual analysis of stick-buiR versus modular or panelized construction 4.2.2 Criteria Design Development Prooram Manager /Owner's Agent • Overall facilitation, coordination, organization and direction of the integrated team • Coordinate assignment of responsibilities, actions and completion requirements • Coordinate and track integrated team's performance • Coordination of overall project schedule • Final analysis of stick-built versus modular or panelized construction Architect/Erxtineer Design Team • Integration of design input from all team members • Confine user experience of building as it relates to project goals • Form, adjacencies and spatial relationships of the project • Coordinate selection of major building systems and performance requirements • Regulatory requirements for the building (i.e.: fire/life safety plan) • Sustainability targets and proposed systems • Outline or Performance Specification • Refinement of design schedule • Selecting major building systems and setting performance requirements • Locate major pieces of equipment and routing in the project • Identify unique conditions that need to be addressed in the next phase as the systems are being detailed • Final analysis of stick-built versus modular or panelized construction Contractor at Risk • Continuous cost feedback using information extracted from the model. At this phase many items may be conceptual, i.e., based on floor area or unit counts • Validation of target cost • Refinement of corutruction schedule • Constructability issues • Initial discussion of tolerances and prefabrication opportunities • Validate target cost for applicable scope of work • Validate schedule for applicable scope of work • Provide input for tolerances, prefabrication opportunities • Assess compatibility with the design and work of other trades • Validate target cost for specific items FINAL DRAFT Page 13 of 20 City of Aspen December 23, 2009 Burlingame Ranch Phase 11 Request for Proposals - Preconstrudion Services / Contractor at Risk • Validate lead times for long-lead items • Provide input for tolerances, prefabrication opportunities • Final analysis of stick-built versus modular or panelized construction Commissionino Agent • Work with the IPD team to further develop conceptual criteria for building/systems commissioning into working criteria • Work with the IPD team to establish and document the owner's criteria for building/systems function, performance, and maintainability • Address, in design reviews, first-cost and long-term cost considerations, potential system performance problems, energy-efficiency improvements, indoor ernironmeMal quality issues, operation and maintenance considerations • Work with the IPD team to identify potential problems early, before they can affect later phases of the project and cause delays or require corrections • Final analysis of stick-built versus modular or panelized construction 4.2.3 Detailed Design Development Prooram Manager /Owners Agent • Overall facilitation, coordination, organization and direction of the integrated team • Coordinate alternative options for presentation to Owner • Coordinate and track integrated team's performance • Ensure compliance with project requirements • Lead performance checking of building systems from the Integrated Team's stakeholders • Final direction onstick-built versus modular or panelized construction ArchitecUErwineerbesign Team • Coordinate and integrate input from project stakeholders and ensure compliance with project requirements • Detail concept ideas into constructible form • Code compliance • Complete design of building systems • Verify system performance • Final direction onstick-built versus modular or panelized construction Contractor at Risk • Provide continuous cost feedback using information extracted from the model; all item quantities are based on quantity survey or lump sums provided by Trade Contractors and suppliers • Verify that cost isall-inclusive and accurate • Verify prefabrication decisions • Verify construction schedule • Finalize coordination of building systems, including MEPS • Verify tolerances • Provide input for coordination and conflict resolution. • Provide detail-level models for applicable scope of work, adjust models to coordinate with other systems FINAL DRAFT Page 14 of 20 City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals - Preconstruction Services I Contractor at Risk • Verify cost for their scope of work • Verify schedule for their scope of work • Provide input for coordination and conflict resolution • Provide models of specific items • Verify cost for specific items • Verify schedule for long lead items • Verify tolerances for specific items • Final direction onstick-buiR versus modular or panelized construction • Submit GMP Bid based on Detailed Design Commissioning Agent • Formally review and comment on the design from abuilding/systems commissioning perspective and make design recommendations to facilitate commissioning and improve building performance • Develop, with input from the project team, a detailed commissioning plan for each building and each building system • Develop, with input from the project team, commissioning-related requirements that will be the contractor's responsibility, including equipment installation and start-up, documentation and functional testing • Final direction onstick-built versus modular or panelized construction 4.2.4 Implementation Documents Development Program Manager /Owners Agent Overall facilitation, coordination, organization and direction of the integrated team Coordinate complete information for legal requirements of project as it relates to the owner's procurement method Coordinate team input and facilitating team buy-in for overall project schedule and budget ArchitecUEngineer Design Team • Finalize model for architecturally related design intent for construction • Provide descriptive information for fabrication and construction of architecturally related scope • Finalize specifications • Finalize model for consutant's related design intent for construction • Provide descriptive information for fabrication and construction of consultant's related scope • Finalize specifications Contractor at Risk • Control of the BIM may transfer from the Prime Designer to the Prime Constructor at the conclusion of Detailed Design • Finalize construction schedule through 4D modeling • Finalize construction cost through 5D modeling • Complete information for: • Procurement • Assembly FINAL DRAFT Page i 5 of 20 City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals - Preconstruction Services / Contractor at Risk • Layout • Detailed schedule • Procedural information (testing, commissioning) • Ensure that all necessary work is accounted for. • Finalize cost and schedule for applicable scope of work. • Ensure BIM and specificationu include sufficient and unambiguous information for completion of applicable scope of work. • Technically sophisticated Trade Contractors will augment the design model in lieu of preparing separate shop drawings, or will create a synchronized model forfabrication or installation purposes • Develop implementation information for applicable scope to shop drawing level • Finalize cost and schedule for their specific items • Technically sophisticated suppliers will augment the design model in lieu of preparing separate shop drawings, or will create a synchronized model forfabrication or installation purposes • Develop implementation information for their scope to shop drawing level Commissionirxa Anent Develop, with input from the IPD team, detailed commissioning specifications from the information developed in Detailed Design Document responsibilities and systematic procedures for system testing, balancing, fine- tuning, training, owner's documentation & manuals, acceptance and warranty 4.2.5 Construction & Closeout Development Prooram Manager /Owner's Agent • Overall facilitation, coordination, organization and direction of the integrated team Architect/Engineer DesionTeam • Overall responsibility for Construction Contract Administration from a design perspective • Respond to RFI's and processing of submittals as required to support trades not part of the initial design activities • Coordinate RFI and submittal responses from all design consuRants • Provide updates to BIM as required responding to field conditions and Design Consultant needs • Coordinate any changes due to field conditions not foreseen in the BIM. • Issue design change documents as required to respond to latent conditions and or owner-directed changes • Review change requests to confirm entitlement • Work with prime constructor to ensure the construction is proceeding in conformance with design intent • Issue substantial and final completions documents • Work with owner on user needs to use the BIM for life cycle benefit. • Document and or analyze any Post Occupancy Evaluation feedback • Respond to RFI's and processing of submittals as required to support trades not part of the initial design activities • Provide updates to BIM as required responding to field conditions • Coordinate any changes due to field conditions not foreseen in the BIM FINAL DRAFT Page i6 of 20 City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals - Preconstruction Services / Contractor at Risk • Issue design change documents as required to respond to latent conditions and or owner directed changes • Review change requests to confirm entitlement • Work with prime constructor to ensure the construction is proceeding in conformance with design intent • Issue substantial and final completions documents Contractor • Coordinate trade contractors, suppliers, and sell-performed work to ensure completion of the project according to contracts, budget, schedule and quality goals defined by the project team • Ensure safety of all personnel on the project site • Maintain good relations with neighbors • Coordinate with regulatory agencies for required inspections • Coordinate required testing • Finalize the BIM to correspond with buiff conditions. • Coordinate trades with the overall project to ensure efficient flow of work. • Coordinate fabrication and delivery of materials/assemblies/equipment to ensure efficient flow of work. • Provide Operation &Maintenance (O&M) information for applicable scope of work Commissioning Agent Communicate with the IPD team and coordinate the systematic execution of the detailed commissioning plan for each building and for each system including installation, start-up, testing, balancing, fine-tuning, training, owner's documentation/manuals, acceptance and warranty Verify and document compliance with the building/systems criteria developed throughout the design process Provide documented confirmation that the facility fulfills the functional and performance requirements FINAL DRAFT Page 17 of 20 City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals - Preconstruction Services /Contractor at Risk 5.0 Proposal Requirements 5.1 Qualifications ARhough firms have been prequalified to bid on this RFP, the selection committee has decided that it is necessary for firms to re-state all qualifications requested in the sections that follow. 5.1.1 Overview of the Firm 5.1.1.1 TransmittaUcover letter indicating the firm's understanding of the RFP's purpose, challenges, opportunities and the firm's willingness to participate in the project as described herein 5.1.1.2 Description of firm, including brief history, ownership structure 5.1.1.3 Company mission and background on the company and its principals 5.1.1.4 Statement of general understanding of the scope of the work and interest in the developing the project 5.1.2 Relevant Experience From the perspective of BOTH construction experience and preconstructionseryices experience, please provide a list of projects relevant to the process and program described in this RFP and include the following information: 5.1.2.1 Size and dollar value of each project / number of housing units (if applicable) 5.1.2.2 Reference contact person and phone number for the Owner and Contractor, or other relevant references for each 5.1.2.3 Relevant project experience focused on similar affordable housing and/or residential projects 5.1.2.4 Emphasis on projects located in a mountainous setting, specifically projects in Aspen and/or Pitkin County 5.1.2.5 Experience with green building /sustainable residential construction certifications in general and, in particular, the U.S. Department of Energy's Building America program 5.1.2.6 Brief summary of your firm's scope or involvement in the project 5.1.2.7 Completion status/closeout date 5.1.3 Project Team Qualifications Present the qualifications of the principal-in-charge and the proposed project team members as follows: 5.1.3.1 Proposed role and decision-making capabilities for this project 5.1.3.2 Current resume 5.1.3.3 Key qualifications that make this individual an ideal fit for this project 5.1.3.4 If project team personnel proposed are not employed by the firm, please provide detailed description of and rationale for partnership or subcontractor relationships 5.1.4 Financial Standing Please provide a description of your firm's financial standing including: 5.1.4.1 Whether your organization is in the process of filing or has filed bankruptcy within the last five years. Please also disclose any recent or open lawsuits, liens, etc. 5.1.4.2 A letter from you firm's financial institution noting your firm's financial stability 5.1.4.3 A description of how the projects referenced as experience illustrate the financial capacity to complete the project as described herein 5.1.4.4 A letter from a bonding or surety company indicating the firm's bonding capacity FINAL DRAFT Page 18 of 20 City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals - Preconstruction Services / Contractor at Risk 5.2 Proposed Services 5.2.1 Project understanding Please verify your understanding of the scope of services requested in this RFP as well as described in the contracts (contracts are available in Section 7.0 Exhibits). Please include the firm's understanding of the Contractor at Risk's interaction with the IPD team, preconstruction consultation, estimating services and GMP Bid creation. 5.2.2 Proposed services Please provide a detailed list and description of the preconstruction services that the firm proposes to deliver to the Owner during each phase of the IPD design effort as described in Section 4 of this RFP. Omit Construction and Closeout as this will be encompassed within the scope of the Contractor at Risk's GMP Bid. 5.2.3 Proposed staffing Please provide the proposed staffing (in hours) and billing rates for each team member in each phase of the project. Please also include bil-ing rates for additional services not proposed. 5.3 Fee Worksheet 5.3.1 Fees Please complete the included fee worksheet. In doing so, you must submit lump sum fees to provide the services requested (and proposed in Section 5.2) by phase as categorized in the fee worksheet. Click the link below to obtain the fee worksheet: ftp://ftp.aspenpitkin.com/Burlingame2/Fee Worksheet FOR FINAL PRECON RFP.xIs Username: general Password: gen123$54 (click the SAVE option, not the OPEN option) 5.3.2 Reimbursables Clearly identify all categories of reimbursable expenses, their proposed percentage of markup, and anticipated cost. Use comments as needed. The Owner expects to include the reimbursable amount proposed in the final design contract as atop-set to be billed against. Candidates are to assume detailed backup of reimbursable costs will be required with each invoice. 5.4 Proposal Format Preferred hardcopy format is 8'h" x 11"bound with no single page exceeding 11" x 17". The selection committee requires six (6) hardcopies of your firm's response. The selection committee also requires one (1) electronic submittal of your firm's complete response, provided on a CD or DVD assembled into in a single pdf file. Please number all pages and provide tab sheets and/or a table of contents. A transmittaUcover letter must be submitted on its official business letterhead. The letter shall transmit the proposal, identify all materials and enclosures being forwarded collectively as a response to this RFP, and must be signed by an authorized individual. FINAL DRAFT Page 19 of 20 City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals - Preconstruction Services !Contractor at Risk 6.0 Owner's Language 6.1 Interests of the City of Aspen 6.1.1 The City of Aspen reserves the right to reject any or all Responses or accept what is, in its sole judgment, Responses that are in the City's best interests. The City further reserves the right, in the best interests of the City, to modify this RFQ/RFP process as it sees fit or waive any technical defects or irregularities in any and all Proposals submitted. 6.1.2 Responses received after the deadline may not be accepted or considered. Receipt by the City of Aspen after the deadline shall not be construed as acceptance of the response. Responses will be logged as to date/time received. 7.0 Exhibits Go to the following ftp address to download the fee worksheet and exhibits: ftp://ftp.aspenpitki n.com/Burli ngame2/ Username: general Password: gen123$54 7.1 Contracts See link to ftp site above. The following files are available on the ftp site: COA Burlingame2 - A295 General Conditions.pdf (to be signed by the contractor at risk) COA Burlingame2 - A195 Contractor.pdf (to be signed by the contractor at risk) COA Burlingame2 -Commissioning Agent.pdf COA Burlingame2 - 8801 Owners Agent.pdf COA Burlingame2 - 6195 Architect.pdf 7.2 Conceptual Plans See link to ftp site above. The following files are available on the ftp site: Conceptual Plans - 258-Unit Site Plan and Buildings.pdf FINAL DRAFT Page 20 of 20 y ~ `~ W E/~ ~"~ 1 ~ 5 ~ ~ ~' I I HASELDEN CONSTRUCTION BURLINGAME RANCH THE CITY PHASE II OF ASPEN PRDPDSAL RESPONSE FOR BURLINGAME RANCH PHASE II TH E CITY OF ASPEN 4 ' ~Ht,:- ,. ~ _ r_ ~'~~ ~., ~ ~ ..: i. - 4 ~~. •_ r ~' ~~s~~ °~ }+~' ~ C f.l~` ti ~t y'', T 7~ ~k ~, w a ~ ~~~' ~ '~...~"~. ail ~. 9~' ~. ~ ~~ }j ~FM ~ ~ ~: /t A `~1y. ii ~, `i. ~, M i• Haselden Construction 6950 South Potomac Street Centennial, Colorado 80112 303-751.1478 TEL 303 751-1627 FAX www.haselden.com January 15, 2010 Ms. Rebecca Hodgson Purchasing Officer City of Aspen 130 S Galena Street Aspen, CO 8161 l ~ , HASELDEN CONSTRUCTION RE: Proposal for Burlingame Ranch Phase II, Preconstruction Services/ Contractor at Risk Dear Ms. Hodgson: The team of Haselden Construction is pleased to submit its proposal for the Burlingame Ranch Phase II Project. We believe our proposal will show that we are uniquely qualified to provide the Integrated Project Delivery services for this project. Our team brings the experience, knowledge and passion to ensure that all of the City of Aspen's goals are met. In addition to our unprecedented experience designing and constructing multi-family and mountain resort buildings, and our years of experience working with local subcontractors, we are industry leaders in Integrated Project Delivery. The Haselden team is highly experienced and has worked together previously on several projects facing difficult logistical challenges. The team's expertise working in complex mountain construction sites and minimizing impacts to the surrounding businesses and cotninunities will be an asset to your project. Each team member Bolds each other accountable which leads to exceptional performance toward achieving your goals and the overall project success. The Haselden team is committed to meet and exceed your expectations in safety, green building, local expertise, on time and budget with a team of specialists to construct this project. We believe our unique approach, as explained in Section 2. Proposed Service will be of great interest and value to you. Irt ei~ahratirtg Huscldert Cortstrrrctiort•iorgour project. please cott.~~ider the follon~ing.• Comprehensive In-house Mechanical/Electrical/Plumbing Preconstruction Services Our in-house MEP department, led by Bob rox, will provide the City of Aspen with the systems analysis, coordination, expert pricing and collaboration with the key subcontractors required to be onboard early through the IPD process. Sophisticated Virtual Construction Technologies The lPD process by its very nature requires the collaboration and coordination that Virtual Construction affords. Our in-house Virtual Construction department, led by Todd Ellsworth, will facilitate the preconstruction coordination between the architect, key subcontractors, owner's rep, the City and Haselden. Their expertise in 3D, 4D and SD modeling and the other leading edge technologies new to the construction industry will ensure that the IPD process succeeds in its pursuit of complete project understanding. Design Support with In-house Architecture Services Haselden's in-house architect, Phil Macey, offers an unprecedented advantage to the IPD process. While his background as an architect gives him the insight into the mindset, thought processes and unique vocabulary of your architect, his project management background provides him with a priority towards cost, systems, and schedule allowing him to bridge the traditional gap between architects and contractors. Accurate and Open-book Estimating Haselden prides itself on its transparent approach to preconstruction. Our process provides you with all of the information we have so that you can be assured that there are no hidden dollars and that you are receiving the best value for your money. Christian Ekstrom, your Preconstruction Manager, brings extensive experience mountain experience and close relationships with the local subcontracting community to further ensure the best estimate is provided. Industry Leaders in Safe Job Sites Haselden's commitment to safety is second-to-none. While safety is otter seen as only a construction phase issue, we believe safety starts in preconstruction through proper planning. Additionally, the greatest benefit that Haselden provides its clients related to our impeccable safety record is the savings that we pass onto you through our EMR. While an EMR of 1.0 is the industry standard, Haselden's current EMR is an unbelievable .59, which will equate to a cost benefit to the City. In addition to these important differentiators, it is our passion for your project, coupled with our relentless drive toward complete satisfaction, which truly sets the Haselden team apart and makes us the best choice for the Burlingame Ranch Phase II Project. Sincerely, -,~ Byron Haselden President Haselden Construction, LLC TABLE OF CONTENTS relentless drive toward customer satisfaction Page No. Section 1. Qualifications 1. Firm Overview ............................................................. 1 2. Relevant Experience .................................................... 7 3. Personnel ................................................................ 19 4. Financial Standing ...................................................31 Section 2. Proposed Services 1. Project Understanding ..............................................34 2. Proposed Services ....................................................39 3. Proposed Staffing .....................................................32 Section 3. Fee Worksheet 1. Fees ........................................................................ 44 2. Reimbursables .........................................................44 Haselden Construction I Burlingame Ranch Phase III Page 1 OVERVIEW relentless drive toward customer satisfaction 5.1.1 Overview of the Firm 5.1.1.1 Transmittal/Cover letter indicating firm's understanding of the RFP's purpose, challenges, opportunities and the firms willingness to participate in the project as described herein 5.1.1.2 Description of firm, including brief history, ownership structure 5.1.1.3 Company mission and background on the company and its principals 5.1.1.4 Statement of general understanding of the scope of the work and interest in the developing the project For nearly four decades, Haselden Construction has provided exceptional, client-centric construction services to customers in the Colorado Front Range. These services include general contracting, construction management, design-build, integrated project delivery, turnkey development and a comprehensive range of preconstruction services. Municipal and institutional, commercial, and private clients have entrusted Haselden to deliver enduring value, outstanding customer service and our legacy of achievement and quality to their building projects. Haselden operates as a Corporation (LLC) with offices in Colorado and Wyoming. The firm is recognized by Engineering Netirs Reco~ct in the Top 400 General Contractors nationally, as well as the Top 40 Regionally. Haselden celebrates a strong reputation, impeccable safety record and a steadfast commitment to preconstruction and construction excellence. We have included the resumes of our key staff members, including Ed Haselden, CEO; Byron Haselden, President and Mike Haselden, COO for your review at the end of this section. Since 1973, Haselden's philosophy of excellence and relentless drive towards customer satisfaction has led to substantial growth in volume and in the number of staff. Haselden specializes in a diverse range of projects including residential, mountain resort and hospitality, educational, municipal and institutional, healthcare, and cultural facilities. Our primary objective is to fulfill our customer's needs completely. While we focus on the fundamental expectations of budget, schedule, quality and safeh~, we also seek to discover our clients' interests and their business philosophies. We do that by listening. We learn about client values, vision, processes, operations, strategies and tactics. We will create a cotprehensive Owner Expectation Program specific to the Burlingame Ranch project that continually monitors how well we are listening and performing. Only by investing our time to understand your business can we truly meet your building needs. Haselden's focus on relationships has been a key factor in our continuing success, and remains one of Haselden's core values. Building new, lasting relationships and sustaining current ones will remain an integral part of the work we do every day. We believe we are uniquely qualified to provide preconstruction and construction services to you utilizing the I~ttegrated Project Delivery process and are excited about the opportunity to work with the City of Aspen on Phase II of Burlingame Ranch. Haselden Construction I Burlingame Ranch Phase III Page 1 OVERVIEW relentless drive toward customer satisfaction Ed Haselden Chief Executive Officer Summary Ed Haselden is responsible for the strategic direction, growth and leadership development of the company's third generation of leaders. He is also indirectly responsible far Haselden's business development and financial management functions. While Haselden has been a strong and stable member of Colorado's construction industry for over 30 years, under Ed's direction for 17 years, the firm's revenues have more than quadrupled to nearly $300 million. Ed holds Bachelor of Science in Architectural Engineering and Business Finance from the University of Colorado at Boulder. Associations Colorado State University, Board of Governors, Secretary of the Board Colorado State University B.O.C. Real Estate Committee Chair Denver Metro Economic Development Corporation Board of Directors Douglas County Regional Catholic Schools Corporation Board of Trustees U.S. Bank Board of Advisors National Director, Associated General Contractors (AGC) of America University of Colorado Hospital Foundation Board of Trustees Rocky Mountain Chapter World President's Organization Chairn~an Past Chair, Rocky Mountain Chapter of Young Presidents' Organization Past President, Associated General Contractors (AGC) of Colorado Past Chair, Machebeuf Catholic High School Board of Trustees Past Chair, DlA Partnership Registration Registered Professional Engineer, Colorado Haselden Construction I Burlingame Ranch Phase III Page 2 relentless drive townrd customer satisfaction Syron Haselden President, Colorado Division Summary Byron Haselden assures success of projects by monitoring that all systems necessary for the efficient and effective management of the project are being fully utilized. He oversees the preconstruction process, providing direction and support for project phasing, budget validation, value engineering, cost estimating and construction planning. Byron coordinates the activities and goals of owner and architect to complete the project in accordance with your objectives. Professional Profile Byron Haselden is a dynamic, collaborative leader with experience in managing very large and sophisticated building programs for public and private entities. His background encompasses various positions including vice president, project executive, preconstruction manager, project manager, superintendent and project engineer. Byron has been involved with projects in numerous mountain communities from the preconstruction phase through construction. Byron holds a Bachelor of Science in Business Management and completed graduate school coursework in construction management from the University of Colorado at Boulder. Associations 2009 Top 40 under 40, Colorado Construction 2009 Denver Business Journal Power Book Leader AGC of Colorado's Future Leaders Forum, Past Chair AGC National Young Contractors Forum, Past Vice-Chair Haselden Construction I Burlingame Ranch Phase III Page 3 OVERVIEW relentless drive toward customer satisfaction Mike Haselden Vice President and Chief Operating Officer Summary Mike Haselden is Vice President and Chief Operating Officer for Haselden Construction. He oversees Haselden's operations, preconstruction and accounting and corporate functions. Mike has been involved in the management and supervision of new construction and renovation projects totaling nearly a billion dollars during his 22-year career. Mike holds a Bachelor of Science in Construction Management from Colorado State University. Professional Profile Mike works closely with each client ensuring the work proceeds to their complete satisfaction. He instituted and now oversees the company's customer satisfaction program, which fosters a creative, entrepreneurial culture and spirit within the company. The program encourages our professional managers to take ownership and responsibility for not only their projects, but also their relationship with our clients who are their customers. Mike meets with each project team as they start their next project specifically to develop a strategy or an action plan to strive toward meeting the customer's goals and achieving customer satisfaction. When the action plan has achieved the highest rating on our Customer Satisfaction Surveys, the team has achieved their goal. Associations Executive Committee, Associated General Contractors (AGC) of Colorado Board Member and Past Board President, Legatus of Colorado Parker Economic Development Council Haselden Construction I Burlingame Ranch Phase III Page 4 relentless drive townrd customer satisfaction David Lueders Senior Vice President and Chief Financial Officer Summary David Lueders directs the finance, accounting, and human resources activities of Haselden Construction. In addition, his responsibilities include oversight and financial management of business activities of the company's interests. David is also responsible for all owner contract review, negotiations and execution. Professional Profile David Lueders has over 20 years of experience in the construction industry working with public and private companies. His background encompasses project accountant, accounting manager, controller, vice president and chief financial officer. David has extensive knowledge of real estate ownership, including asset management, development, property management, leasing and construction. He is experienced in strategic planning, financial reporting, accounting, corporate finance, bonding and cash management. He can effectively manage relationships with owners, financial institutions, bond underwriters, outside lawyers, accountants, departmental staff and other professionals. David holds a Bachelor of Business Administration with an emphasis in Accounting from Texas A&M University. Licenses/Associations Certified Public Accountant Colorado Society of CPAs Construction Financial Management Association (CFMA) American Institute of CPAs Legislative Committee, Association of General Contractors (AGC) Board of Directors, Inner City Health Center Haselden Construction I Burlingame Ranch Phase III Page 5 OVERV~ EIN relentless drive toward rustomer satisfaction Gary Thornam Senior Vice President Summary Gary Thornam directs the business development functions for Haselden Construction which includes all marketing, sales and communication functions of the company. He is responsible for pursuing Haselden's market segments in Colorado and the Western States. He formulates responses to RFQs and RFPs; assembles and prepares teams for interview presentations; and maintains relationships with consumers of construction services. Gary identifies construction opportunities and determines the methods appropriate to bring value to the process. He is charged with lead follow up, setting strategy to close on leads, and coordinating activities between the potential client and the preconstruction department. Professional Profile Gary Thornam's background includes over 30 years experience in the construction industry, including project management and supervision of major construction projects across the United States. His background encompasses roles as superintendent, project manager, senior project manager, operations manager, project executive and business development director. He has developed outstanding leadership, management and team building skills working with public and private companies. Gary holds Bachelor of Science in Construction Management from the University of Nebraska. Associations Member, Council of Educational Facility Planners (CEFPI) Member, Aurora Economic Development Council Member, Denver Metro Chamber of Commerce Member, American Society for Healthcare Engineering (ASHE) Haselden Construction I Burlingame Ranch Phase III Page 6 RIENCE relentless drive toward customer satisfaction 5.1.2 Relevant Exrerience From the perspective of BOTH construction experience and preconstruction services experience, please provide a list of projects relevant to the process and program described in this RFP and include the following information: 5.1.2.1 Size and dollar value of each project /number of housing units 5.1.2.2 Reference contact person and phone number for the Owner and Contractor, or other relevant references for each 5.1.2.3 Relevant project experience focused on similar affordable housing and/or residential projects 5.1.2.4 Emphasis on projects located in a mountainous setting, specifically projects in Aspen and/or Pitkin County 5.1.2.5 Experience with green building /sustainable residential construction certifications and, in particular, the U.S. Department of Energy's Building America program specifically 5.1.2.6 Brief summary of your firm's scope or involvement in the project 5.1.2.7 Completion status/closeout date The Haselden team has extensive experience on all the key components of the Burlingame Ranch Phase II project including projects that feature: ^ Multi-family housing ^ LEED" and green building ^ Extensive work in the Mountains ^ Integrated Project Delivery (IPD) method ^ Self-performed Wood Frame Panelized Structural Systems Haselden Knows Mountain Construction. Period. 5elt-perform Framing Carew Haselden has the in-house experience and expertise to self-perfrom the wood framing if we are determined to be the best value in a competitive environment. Additionally, should another subcontractor be deemed the best value for the project, our ability to self-perform this work means that our supervision of these trades will be even more effective. Multi-family Housing We understand the nuances that make a residential project different from a commercial project. Our team's approach to building multi-family housing projects is to collaborate with the architect in order to maximize your dollars where they are needed -nost such as more units, amenities or per unit square footage and build the most livable, enjoyable spaces. We have provided information on our featured multi-family housing project, One Steamboat Place, as well as information on our team's additional residential experience for your consideration. Energy Efficiencies Haselden is Colorado's LEED expert, from having built the State's first LEED-certified school to our work on the LEED Platinum Plus project at the U.S. Department of Energy's National Renewable Energy Laboratory (NREL). We are committed to achieving sustainability based on our expectations for your project. Working with the Architect early on in the [PD process will ensure as many LEED points and green concepts are incorporated into your project as possible. We have provided information on our featured LEED project, NREL, as well as information on our team's extensive LEED and green building experience for your consideration. Mountain Construction Haselden specializes in the construction of a wide range of projects in the Colorado Mountain Region including multi- familyresidential, ski resorts, gaming, as well as office, education and healthcare facilities. Recent experience includes One Steamboat Place, WestWall Lodge, Lodge at Mountaineer Square and WildHorse at Prospect in Crested Butte. Haselden Construction I Burlingame Ranch Phase III Page 7 EXPERIENCE relentless drive toward customer satisfaction "From the initial interview through the current on- site construction of our 450,000 square foot project in Steamboat Springs, the Haselden team has proven to be the finest I have ever worked with in Colorado. " - Mark Norris, OWNER Located at the base of Steamboat Ski and Resort, One Steamboat SV-Timbers Steamboat, LLC place is a luxury condominium and mixed-use building. The newest Mark Norris of Timbers Collection resorts, the resort will include restaurants, (970) 963-5005 boutiques, market, private member's lounge, sporting club, fitness ARCHITECT center and state-of--the-art spa, and parking garage. RNL Design The project is the cornerstone of developrnent for the future of LOCATION Steamboat Ski and Resort complex. Haselden completed amock- Steamboat Springs, up model of the residential units in the middle of the construction Colorado schedule to enable the Owner to show the unit to purchasers as well as provide a model for quality assurance. S9UARE FEET 468,000 The project includes multiple sustainable design features, the CONTRACT materials used throughout the residences are ecologically friendly $143.4 million and environmentally sensitive which include low volatile organic cornpounds (VOC) paints, recycled steel, energy efficient HVAC SCHEDULE systems, water efficient landscaping, and maximizing the use of June 2007 - local materials and native plant materials. The best practices in November 2009 I.EF.D" design have been incorporated into several aspects of the project. One Steamboat Place uses 100% wind powered energy. UNITS In addition, mass transit and affordable housing for employees is 80 incorporated into the project. Haselden Construction I Burlingame Ranch Phase III Page 8 ONE STEAM BOAT PLACE _ ~x~ERiEr~~~ ~ ~ WILDHORSE AT PROSPECT OWNER This luxury residential community features SS single-family homes Eagle Resort Properties and paired ski homes with ski-in/ski-out comfort at the Mt. Crested Dan Fitchett Butte ski resort. Wildhorse at Prospect offers unparalleled views of (970) 349-1349 the East River Valley. ARCHITECT Sunlit Architecture LOCATION Crested Butte, Colorado S6IUARE FEET 165,000 CONTRACT $53.5 million SCHEDULE August 2005 -June 2007 UNITS 55 Special features include wood siding with log and stone accents; attached garages; and lush landscaping which accentuates and blends with the natural surroundings. The architectural and interior design of the homes makes use of natural building materials and finishes that resemble dwellings found in the Rocky Mountain Old West. }llaselden worked closely with the Owner and the Architect during the preconstruction and construction phases of this project. Haselden Construction I Burlingame Ranch Phase III Page 9 relentCess drive toward customer satisfaction _ EXPERIENCE '~ ~ ~ ~ WESTWALL LODGE OWNER WestWall Partners, LLC DEVELOPER Eagle Resort Development Dan Fitchett (970) 349-1349 ARCHITECT Zehren and Associates, Inc. LOCATION Mt. Crested Butte, Colorado S9UARE FEET 165,000 CONTRACT $31.3 million SCHEDULE July 2004 -August 2006 UNITS 44 Located at the base of Mt. Crested Butte ski area's newest WestWall lift, the five-star luxury resort features 44 condominium units with ski-in/ski-out comf~~rt. Amenities include fitness and exercise room, below ground parking garage, two-story lobby, year-round outdoor pool and meeting rooms. Interiors features include textured walls, knotty alder cabinetry, and stone and hardwood flooring. These features highlight the rustic nature of the Rocky Mountain West. }laselden worked closely with the O~~ner during the funding stages of the project to help finalize pricing and financing; during design. To meet the budget without compromising design, Haselden saved construction dollars by improving overall site conditions. In addition, the project was delivered on time despite two extremely harsh winter seasons. Haselden Construction I Burlingame Ranch Phase III Page 10 relentless drive toward customer satisfaction EXPERIENCE relentless drive toward customer satisfaction LODGE AT MOUNTAINEER S6ZUARE OWNER Located at the base of Mt. Crested Butte ski area, the mixed- Crested Butte Mountain Resort use project includes food and skier services, residential units, Michael Kraatz commercial space, recreation facilities, conference center, art (970) 349-2202 gallery, and parking facilities to meet the growing needs of the ARCHITECT resort. BSA Architects The four buildings represent the first phase of the master plan LOCATION for the ski base area. Also included in the first phase, were Mt. Crested Butte, Colorado infrastructure site improvements and a bus terminal. Special features include covered porte cochere entry; heated underground SQUARE FEET parking garage with controlled access; exercise room with 257,000 lockers; and an outdoor hot tub and pool. The design of the resort CONTRACT reflects the rustic nature of the Rocky Mountain West. $65.8 million In addition, Ilaselden provided preconsU•uction services for SCHEDULE Crested Butte Mountain Resort's master development plan May 2005 -July 2007 for the base area. UNITS Haselden Construction I Burlingame Ranch Phase III Page 11 EXPERIEN relentless drive toward customer satisfaction "We have been supremely satisfied with the Precr~nstructinn effnrtt to date. The collective leant has consistently delivered wlsat was asked of them accurately and in a timely manner. " - Tim Baker, Sr. Project Manager Vail Resorts Development Co. ONE RIVER RUN Preconstruction Services OWNER Vail Resorts Development Co. Tim Baker (970) 496-4382 ARCHITECT OZ Architecture LOCATION Dillon, Colorado S9UARE FEET 350,000 CONTRACT TBD Currently in the design and planning phase, One River Run will provide the newest Resort Development to Keystone Mountain, completing the River Run Village area. The project will provide luxury condominium complexes with ski-in/ski- out convenience. Nestled next to the new gondola at the base of the ski mountain in Keystone, only footsteps from River Run Village will be the newest, most sophisticated, luxury mountain living experience in Summit County. Haselden provided in-depth Preconstruction Services to the Owner in order to enable the best decision making for the economic conditions. SCHEDULE TBD UNITS 183 (proposed) Haselden Construction I Burlingame Ranch Phase III Page 12 E relentless drive toward customer satisfaction ASPEN VALLEY HOSPITAL Phase 11 - Preconstruction Services OWNER Haselden is currently providing value-added Preconstruction Aspen Valley Hospital Services to for Aspen hospital's master plan. ARCHITECT Phase II includes the expansion and renovation of the existing Heery International, Inc. patient Care Unit (PCU) and ICU, relocation of the Same Day Surgery and Cardiopulmonary departments. asecond-story addition LOCATION to accommodate outpatient clinical and administrative services, In Aspen, Colorado addition, the relocation of the hospital's kitchen and cafeteria on the SQUARE FEET first level, a new loading dock at the basement level, and a 3-tiered 190,000 234-space parking structure. Phase II of the project is currently in the design and planning process. CONTRACT TBD With this proposed facility expansion, the Hospital's new footprint and scale will have a new, contemporary architectural treatment that SCHEDULE is suitable for the surrounding community and the City of Aspen. TBD Haselden Construction I Burlingame Ranch Phase III Page 13 ~.KPERIE~CE relentless drive toward cu~e,,,~t~ ~ :,~; i! ~~i1C i tali NELSON HALL STUDENT HOUSING t a.. 1 OWNER Haselden provided construction management, preconstruction services University of Denver and general contracting for this fast-track project. Nelson Hall was the first Mark Rodgers new residence hall constructed on the University of Denver campus in 35 303-871-4779 years. ARCHITECT Bennett, Wagner Nelson Hall houses a central kitchen and food service court for 431 & Grody second-, third- and fourth-year students residing in 295 units. Some of the kitchen detail includes low voltage lights, high-end tile, and copper clad LOCATION equipment. The cast-in-place concrete structure, with t~vo-Wythe brick and Denver, Colorado limestone exterior walls, includes study areas, dining hall surrounding an S9UARE FEET open courtyard and two floors of underground parking. 235,500 Haselden implemented a detailed construction sequence plan to help CONTRACT speed up construction and to keep the small fenced site as unencumbered $33.9 million as possible. as the value manager, Haselden's primary focus was SCHEDULE not nn cutting costs; rather, it was on helping the owner achieve its February 2001 - obJectives. As such, laselden developed an alternative layout of the August 2002 residence rooms that incorporated more units per floor, thus allowing the University to generate more revenue to afford the building they UNITS wanted and designed for them. This philosophy set the standard for new 295 residence buildings to follow. Haselden Construction I Burlingame Ranch Phase III Page 14 EXPERIENCE INN AT AURARIA STUDENT HOUSING OWNER Originally built in 1972, the Inn at Auraria is a thirty-story building Auraria Foundation that occupies ahalf--city block at the corner of 14th Street and Curtis Dean Wolff in downtown Denver. Haselden took on the challenge to transform an (303j 556-4295 under-used high rise building into a purposeful and well-designed student residence for the Auraria Foundation. The lower 16 floors and basement ARCHITECT RNL Design floors are operated as an active hotel, while the upper 14 floors were renovated for use as student housing. Floors l7 thru 30 were converted to LOCATION student housing with a combination of one, two and four bedroom units, Denver, Colorado for a total of 439 new beds. In addition, Haselden repaired the exterior wall panels, cutting in new windows and upgrading the life-safety systems S6IUARE FEET for the entire building. Haselden was challenged in how to get demolition 350,000 waste out of floors 17 through 30 without any influence on hotel guests CONTRACT or staff. As a solution, Haselden contacted a Canadian company to design $31.3 million what is believed to be North America's largest trash chute. SCHEDULE The compressed schedule required Haselden to turn over one 11,000 June 2005 - square foot dormitory floor per week. Haselden accomplished this with August 2006 no laydown space and one material hoist serving 30 floors while working UNITS safely near hazardous materials. Haselden installed fire sprinklers, 439 beds upgraded fire alarm, pressurization and smoke control, elevator upgrades and other life-safety systems in the hotel so that students can safely be housed on the floors above. Haselden Construction I Burlingame Ranch Phase III Page 15 relentless drive toward customer satisfaction CE NATIONAL RENEWABLE ENERGY LABORATORY Research Support Facilities OWNER The U.S. Department of Energy's National Renewable Energy U.S. Department of Energy's Laboratory (NREL) located in Golden, Colorado selected Haselden National Renewable Energy and the design firm of RNL through the Design-Build and Laboratory Drew Detamore Integrated Project Delivery (IPD) methodology to design and (303) 275-7276 construct the new Research Support Facilities (RSF) and has become the model for Ilaselden's IPD processes. ARCHITECT RNL Design NREL is the nation's primary laboratory for renewable energy and energy efficiency research and development. The RSF will be LOCATION the model for the Department of Energy in terms of showcasing Golden, CO integration of high performance building design, construction practices, and technological advances. The 220,000 square-foot S9UARE FEET building will make substantial use of daylighting, dramatically 218,000 reducing energy use, and providing a pleasant and productive CONTRACT AMOUNT workplace for over 700 employees. Additionally, Haselden is $66.9 million currently completing a highly complex site infrastructure package that will connect the RSF building to a wood-fired gasification SCHEDULE central plant. Energy-efficient features include: under floor air distribution systems, Energy Stcn• electrical and telecommunications systems, a `H' configuration to maximize daylighting, photo voltaic (solar) roofs and building skin, and occupant controllable windows. The RSF will be built with a goal of achieving a LEED'" Platinum Plus designation -the highest benchmark awarded b~~ the [?.S. Green Building Council. In addition to achieving LEED Platinum, there is also a desire and intent to create a building with the lowest attainable energy use per square foot. Haselden Construction I Burlingame Ranch Phase III Page 16 relentless drive toward customer satisfaction January 2009 -July 2010 EXPERIENCE relentless drive toward customer satisfaction The NREL RSF lobby includes many sustainable materials, Green Building & Sustainable Design Experience Haselden is an active c•omurunity srenrber b}• providing a s:rstabrable environment for fixture generations. Our firm is committed to sustainable design and construction and its positive effects on the environment. Haselden offers experience in LEED'x' certified construction projects as well as buildings utilizing `green' design elements. Haselden I:as over 60 professionals on staff in our preconstruction and constructia: operations departments who are LEED Accredited Professionals. We will work closely with you and provide recommendations for green building materials and systems and related site development. Haselden will foster collaboration during preconstruction and construction to ensure the solutions meet environmental and sustainable design criteria for LEED certification. LEED/Sustainable Design Management Approach Our incorporation of LEED/Sustai-rable Desig-r standards into our nra--agenrent approach is highly collaborative, involving all project tearer members acrd stakeholders, and begins during preconstruction and ends with post-occupancy: It is a fully integrated process that works in constant cooperation and communication with the arclritectrrral design team and our on-site coratructio-r team. It commences by defining and understanding the overall design objectives and design constraints, collectively determining the appropriate energy efficiency and developing sustainable design strategies that are viable and add value to the project. Through this conceptual thinking, LEED and Sustainable Design is not a secondary cost that gets added in; it is conceived during the design process, while fostering the greatest probability for sustainable design and construction to fit within the budget. Haselden Construction I Burlingame Ranch Phase III Page 17 relentless drive toward customer satisfaction Photos: Fossil Ridge High School, Education First Education Tours, Seventeen-55 Blake, Mile High Station Haselden Construction I Burlingame Ranch Phase III Page 18 PERSONNEL relentless drive toward customer satisfaction 5.1.3 Project Team Qualifications Present the qualifications of the principal-in-charge and the proposed project team members as follows: 5.1.3.1 Proposed role and decision-making capabilities for this project 5.1.3.2 Current resume 5.1.3.3 Key qualifications that make this individual an ideal fit for this project 5.1.3.4 If project team personnel proposed are not employed by the firm, please provide detailed description of and rationale for partnership or subcontractor relationships We have proposed a highly cohesive and experienced team -this team has extensive experience in the construction ofmulti-family residential projects through Colorado's mountain region as well as providing sophisticated preconstruction and construction services to the Owners they work with. Located on each resume you will find a list of "Key Advantages", characteristics that each team member will bring to your project to ensure it is completed on time, within budget and with the highest level of quality. All of the staff listed on the following pages are full time Haselden employees. The entire project team proposed is available immediately and throughout the project. The Most Qualified Team for Your Project The Burlingame Ranch Phase II project team will be led by Byron Haselden, Principal-in- Charge. Byron will ensure the success of the project by ensuring all your expectations are met. Byron's experience encompasses in-depth preconstruction experience for discerning clients including Timbers Resorts, the National Renewable Energy Laboratory, and the University of Colorado Hospital. Additionally, he spearheaded the efforts to grow Haselden's capabilities with regards to IPD processes. The IPD collaboration efforts will be led by Neil Sharpies, Project Executive and Design-Build Manager. Neil has extensive experience constructing residential projects in Colorado's mountain regions. His outstanding management skills will ensure the IPD collaboration process is executed properly with a focus on the project outcome. Neil has been working under the precepts of IPD for over two decades. Neil will be supported by our in-house Architect, Phil Macey. With more than nineteen years of specialized experience, Phil has led and participated in the creation of challenging sustainably designed projects and is a subject matter expert of the IPD process. He will be key in facilitating the communication between Haselden & the Architect. Our preconstruction team is a multifaceted group of individuals who will provide a high level of service during the preconstruction phases of the project. The team is led by Christian Ekstrom, preconstruction Manager, and supported by Gary Manchester, Lead Estimator. These two individuals are experts in mountain and residential construction and have worked together for the past 10 years. Haselden Construction I Burlingame Ranch Phase III Page 19 PERSONNEL relentless drive toward customer satisfaction Our Virtual Construction services are led by Todd Ellsworth, Virtual Construction Manager. He is an IPD expert with the skills and knowledge to enhance the collaborative efforts of the IPD team. Todd is highly skilled in BIM model generation, clash detection, and verifying the BIM model to the final result in the field. Based on additional information provided on the Burlingame Ranch Phase II Project, we are proposing an enhanced alternate Project Manager (Joe Niewohner) and an additional Superintendent (Dan Nelson) for the construction phase. These two individuals are highly experience in mountain residential construction and recently finished working together on the One Steamboat Place project. Additionally, we are proposing Scott Young as the Core & Shell Framing Superintendent. Scott has spent the majority of his 25-year construction career working on Colorado mountain residential projects. He is highly skilled in managing wood frame panelized construction. llaselden is confident that we have provided the City of Aspen the best team to build the Burlingame Ranch Phase lI project. This team will establish trusting relationships, ensure productive collaboration, and maintain honest, open communications with the IPD team. Haselden Construction I Burlingame Ranch Phase III Page 20 ERSONNEL relentless drive townrd customer sntisfaction Byron Haselden, LEED° AP Principal-in-Charge, President Colorado Division KEY ADVANTAGES 18 YEARS OF INDUSTRY EXPERIENCE EDUCATION/CERTIFICATIONS Bachelor of Science Business Management University of Colorado at Boulder Graduate School coursework in Construction Management University of Colorado at Boulder LEED"' Accredited Professional Top 40 under 40 Professional: Colorado Construction 2009 2009 Denver Business Journal Power Book Leader ^ Superior project leadership Led the Integrated Project Delivery efforts for the NREL Research Support Facilities project Extensive experience constructing large scale, complex projects ^ Backanound encompasses preconstruction and estimating Strong relationships with local subcontractors PROJECT ROLE Byron Haselden assures success of projects by monitoring that all systems necessary for the efficient and effective management of the project are being fully utilized. He oversees the preconstruction process, providing direction and support for project phasing, budget validation, value engineering, cost estimating and construction planning. Byron coordinates the activities and goals of owner and architect to complete the project in accordance with your objectives. PROFESSIONAL PROFILE Byron is a dynamic, collaborative leader with experience in managing very large and sophisticated building programs for public and private entities. His background encompasses roles as project executive, preconstruction manager, project manager, superintendent and project engineer. Byron was instrumental on the award of the NREL project taking the company in a new direction in LEED Platinum Plus buildings and ultimately led the Integrated Project Delivery efforts of the project. RELEVANT PROJECT EXPERIENCE • One Steamboat Place: New Mixed-use, Condominium Complex/Parking/ Spa, 468,000 sf, Steamboat Springs, CO ^ NREL Research Support Facilities: LEED Platinum, Design-Build & IPD, 220,000 sf, Golden, CO Anschutz Medical Campus: 7 Major Healthcare Projects and Infrastructure, 2,100,000 sf, Aurora, CO Auraria Health Sciences Center Science Building: LEED Gold New/ Renovation, 342,000 sf, Denver, CO • University of Colorado Denver Education Facility 2: New Academic Building, 276,000 sf, Aurora, CO Haselden Construction I Burlingame Ranch Phase it I Page 21 PERSONNEL relentless drive toward customer satisfaction Neil Sharples Project Executive 33 YEARS OF INDUSTRY EXPERIENCE EDUCATION/ CERTIFICATIONS New Zealand Certificate in Building Equivalent: Bachelor of Science in Construction Management New Zealand Certificate in Electronics -Intermediate Level CPR & First Aid Certification OSHA 30 Hour Course Primavera Scheduling Expedition, CMiC, OCAS, JD Edwards KEY ADVANTAGES ^ Experience working with the proposed team ^ Extensive multi-family residential experience f~ Extensive experience: construction methodology, site infrastructure, structural systems, building envelope systems, mechanical/electrical systems and communications systems ^ Superior team management experience PROJECT ROLE Neil Sharples will be responsible for the success of your project from inception through completion. Neil will provide a seamless transition between the design, preconstruction and construction phases of the project by monitoring that all systems and processes are being efficiently and effectively utilized. Neil will also ensure that each of the project goals and objectives are identified for all team members, owner, architect, and consultants and that the project has all the necessary resources and support required for all team tnetnbers to be successful. PROFESSIONAL PROFILE Neil Sharples experience encompasses 13 major residential and resort projects totalling more than a billion square feet. Neil's background working as a project manager includes residential, hotel, resort, commercial and mixed-use projects. Key attributes Neil brings to your project include his outstanding management skills and leadership abilities, his positive working relationships with the proposed team and major local subcontractors. RELEVANT PROJECT EXPERIENCE One Steamboat Place: New Mixed-use, Condominium Complex/Parking/Spa, 468,000 sf, Steamboat Springs, CO ^ The Lodge at Mountaineer Square: Mixed-use Facility, Multi-family Residential Parking Garage & Town Center, 200,000 sf, Mt. Crested Butte, CO ^ Wildhorse at Prospect: Luxury Residential Developments, 165,000 sf, Crested Butte, CO SteelBridge Lofts: Mixed-use Facility, Multi-family Residential, and Retail, floors, 10,500 sf of Retail, Denver, CO Cherry Creek North -Clayton lane Mixed Use Facility: Janus Fund World llead Quarters and JW Marriott Hotel; 12 floors, 1,216,000 sf, Denver, CO Haselden Construction I Burlingame Ranch Phase III Page 22 PERSONNEL relentless drive toward customer satisfaction YEARS OF INDUSTRY EXPERIENCE EDUCATION/ CERTIFICATIONS Bachelor of Science in Construction Management Colorado State University LEED" Accredited Professional Christian Ekstrom, LEED° AP Preconstruction Manager KEY ADVANTAGES ~ Extensive experience constructing mountain projects ^ 10 years of preconstruction experience in the Colorado -nountains - 5 year resident ^ Open-book and real-time estimating ^ Local subcontractor knowledge ^ Preconstruction expertise that allows for informed decisions PROJECT ROLE Christian Ekstrom will effectively manage the preconstruction process, providing direction and support for project phasing, budget validation, value engineering, preconstruction estimates and construction planning. He will assure early, accurate estimates, provide ongoing analysis of all building components in teens of quality, durability and value, and provide continual cost input and recommendations on material and system selection. Christian will also manage the preparation of work scope documents and the bid and award process. PROFESSIONAL PROFILE Christian Ekstrom has led preconstruction efforts on a multitude of mountain residential, school, resort and commercial projects. His ability to work closely with the owner and architect in the early stages of the project will help to ensure that all estimating economies are fully explored. Christian is highly experienced in cost estimating and value engineering. Additionally, Christian and Gary Manchester, proposed Lead Estimator, have been working together on mountain residential projects for the past 10 years. This established relationship will ensure the highest level of service during the preconstruction phase of your project. RELEVANT PROJECT EXPERIENCE WestWall Lodge: Condominium Resort Development, 44 units/165,000 sf, Mt. Crested Butte, CO Ritz Carlton Residences: New Condominium Resort, 512,000 sf, Vail, CO Limelight Lodge & Monarch Residences: New Condominium Resort, 200,000 sf, Aspen, CO Manor Vail Lodge: New Condominium Resort, 145,000 sf, Vail, CO Horizon Pass Lodge: New Condominium Resort, 170,000 sf, Avon, CO Obermeyer Ylace: New Resort, 235,000 sf, Aspen, CO Denver Zoo Congo Basin: New Primate Exhibit, 25,500 sf, Denver, CO Haselden Construction I Burlingame Ranch Phase III Page 23 13 NE relentless drive toward customer satisfaction to YEARS OF INDUSTRY EXPERIENCE EDUCATION/ CERTIFICATIONS Bachelor of Science, Geology University of Wyoming LEED'"'Accredited Professional OSHA, 30 Hour Gary Manchester, LEED° AP Lead Estimator KEY ADVANTAGES Collaborative, integrated project delivery approach ~ Extensive experience constructing mountain projects ~' Client-focused preconstruction development ^ Cost modeling expert ^ Local subcontractor knowledge Extensive experience with quality control issues, site logistics and public safety PROJECT ROLE Gary Manchester will support Christian Ekstrom, Preconstruction Manager, in project phasing, budget validation, value engineering, preconstruction estimates and construction planning. He will coordinate with the IPD team to ensure early, accurate estimates; review design concepts; provide ongoing analysis of all building components in teens of quality, durability and value; and provide continual cost input and recommendations on material and system selection. Gary will also develop bid packages to effectively manage subcontractors during the bid and award process. Gary's extensive knowledge and expertise in the development of bid packages will effectively manage subcontractors during the bid and award process. PROFESSIONAL PROFILE During his 10 year construction career, Gary has been involved in preconstruction activities and estimates for over $140 million in public and private construction projects. His background includes residential, resort, healthcare, education, office building and parking structure projects. Gary works closely with each client ensuring the work proceeds to their complete satisfaction. Additionally, Gary and Christian Ekstrom, proposed Preconstruction Manager, have been working together on mountain residential projects for the past 10 years. This established relationship will ensure the highest level of service during the preconstruction phase of your project. RELEVANT PROJECT EXPERIENCE ^ Shadowrock: 100-Unit Townhome Development, LEED Certified, El Jebel, CO ^ Vail Mountain View Residences: 24-Unit Luxury Condominium Complex and Parking Structure, 42,500 sf, Vail Village, CO Mineral Spa & Hot Springs: Demolition/Renovation of Historical Structure/ New HVAC & Electrical, 28,600 sf, Glenwood Springs, CO UCH Anschutz Inpatient Pavilion, Anschutz Medical Campus, New Hospital, 483,000 sf, Aurora, CO Haselden Construction I Burlingame Ranch Phase III Page 24 L relentless drive toward customer satisfaction YEARS OF INDUSTRY EXPERIENCE EDUCATION/ CERTIFICATIONS Bachelor of Arts Colorado State University LEED" Accredited Professional Bob Fox, LEED° AP Director of Electrical and Mechanical Systems KEY ADVANTAGES 30 years of Construction Experience 17 years experience with Mechanical & Electrical estimating, preconstruction & management Extensive preconstruction experience in Colorado Mountain Markets ^ Local subcontractor knowledge ^ preconstruction expertise that allows for informed decisions PROJECT ROLE Bob Fox will provide continual cost input on mechanical/electrical (M/E) material selection and will evaluate engineering options based on cost, function and quality. He will provide preconstruction estimates and value engineering alternatives for all mechanical and electrical trade work and will review all mechanical and electrical subcontractor pricing. Bob will also coordinate the on-site M/E subcontractors and assure cost effectiveness of system designs, performance of system and quality of system installation and training. PROFESSIONAL PROFILE Bob Fox has over 30 years of experience in the construction industry, including OSHA Course, 30 Hour l8 years as a mechanical and electrical subcontractor in Denver; 13 of which have been at Haselden Construction. Bob's extensive experience with the preconstruction and construction of mountain resort projects as well as estimating and value engineering expertise in mechanical and electrical systems will greatly contribute to the success of your project. RELEVANT PROJECT EXPERIENCE One Steamboat Place: New Mixed-use, Condominium Complex/Parking/Spa, 468,000 sf, Steamboat Springs, CO WestWall Lodge: New Construction, 257,000 sf, Mt. Crested Butte, CO One River Kun: preconstruction Services, 353,458 sf, Keystone, CO University of Denver Nelson Hall: New Student Residences, $33.SM, 235,.500 sf, Denver, CO Lodge at Mountaineer Square: Mixed-Use Facility, 95 Units, 257,000 sf, Mt. Crested Butte, CO ^ Inn at Auraria Student Housing: Life Safety Upgrades, Renovation & Student Housing Addition, 350,000 sf, Denver, Colorado NREL Research Support Facilities: LEED Platinum, Design-Build & IPD, 220,000 sf, Golden, CO Haselden Construction I Burlingame Ranch Phase III Page 25 30 DER aONI~EL relentless drive toward customer sntisfaction Phil Macey, AIA, LEED° AP Design-Build Architect KEY ADVANTAGES ~ Collaborative, integrated project delivery approach ~' Superior project leadership ~~ Led the Integrated Project Delivery efforts for the NREL Research Support Facilities project ~ Extensive experience designing large scale, complex projects 19 YEARS OF INDUSTRY PROJECT ROLE EXPERIENCE Phil Macey will support Design-Build team relationships and ensure collaborative efforts are productive. He is responsible for creating and maintaining the overall Design-Build schedule and being accountable to Neil EDUCATION/ Sharples. Phil will maintain the continuity of the design group, estimating, and CERTIFICATIONS construction operations group to ensure individual accountability of the team to the benefit of the project. Bachelor of Architecture UniversityofArizona, 1987 PROFESSIONAL PROFILE Phil leads and coordinates the activities of Haselden's in-house Design-Build Registered Professional Group, a team with understanding of the design, programming and construction Architect in California and of complex facility projects. He is a seasoned Project Manager and skilled in Colorado promoting collaboration among project teams. With more than nineteen years of specialized experience in complex facilities, Phil has led and participated in LEED Accredited Professional the creation of challenging advanced technology projects. His thoroughness, flexibility and creativity have earned him regular recognition from his clients and AWARDS AND HONORS colleagues. 2006 Colorado Renewable RELEVANT PROJECT EXPERIENCE Energy Society Renewable NREL Research Support Facilities: LEED Platinum, Design-Build & IPD, Energy and Sustainable 220,000 sf, Golden, CO Design in Buildings Award, °~ City of Colorado Springs Strategic Facilities Master Plan-Colorado Commercial Category Springs, Colorado-Project Architect -~ JILA Addition Program Plan-University of Colorado, Boulder, Colorado- Project Manager ~~ Colorado Springs Utilities Environmental Lab-Colorado Springs, Colorado-Project Manager/Programmer Orange County Water District Environmental Laboratory-Fountain Valley, California-Laboratory Design Project Manager Rentech Clean Energy Solutions-Commerce City, Colorado-Project Manager Haselden Construction I Burlingame Ranch Phase III Page 26 PERSONNEL relentless drive toward customer satisfaction Todd Ellsworth Virtual Construction Manager KEY ADVANTAGES Collaborative, integrated project delivery approach Extensive experience in Virtual Construction Client-focused preconstruction development Innovative solutions and problem solving skills 9 PROJECT ROLE YEARS OF INDUSTRY Todd Ellsworth will lead the coordination of the Virtual Construction EXPERIENCE process. His role is to manage the modeling images received from the various consultants to ensure that the architectural intent of the project is accurately interpreted by our preconstruction group. His focus is to deliver exactly what EDUCATION/ the Owner and the Architects are expecting. His management of the modeling CERTIFICATIONS information will begin in preconstruction and continue through out the construction process. Chair AGC Colorado Future Leaders Forum PROFESSIONAL PROFILE Todd's background encompasses estimator, construction manager and student Member ACG Colorado of architectural design and construction. His expertise in software programs Board of Directors utilized for building information modeling and construction management has enabled Todd to develop into a leader in the field. He is a sought after speaker in the field of Building Infornlation Modeling and has presented to AGC, FMI attd McGraw-Hill events. [n addition, Todd has been involved in the Baylor Science Building ($100M) in Waco, Texas, Vail's Front Door ($1 lOM) and RadioShack Corporate Headquarters ($ l 70M) in Fort Worth, Texas. RELEVANT PROJECT EXPERIENCE ^ One River Run at Keystone: New Construction Resort Complex, 353,000 sf, Keystone, CO ~^ One Steamboat Place: New Mixed-use, Condominium Complex/Parking/ Spa, 46R,000 sf, Steamboat Springs, CO NREL Research Support Facilities: New Construction LEED Platinum, Design-Build and IPD, 220,000 sf, Golden, CO Iroomfield Detention Center and Training Facility: Addition/ Renovation, LEED Certified, 40,000 sf, Broomfield, CO Haselden Construction I Burlingame Ranch Phase III Page 27 PE relentless drive toward customer satisfaction Joe Niewohner, LEED° AP Project Manager KEY ADVANTAGES ^ Extensive experience constructing residential and mountain projects ^ Excellent Communication Skills ^ Local subcontractor knowledge ^ Team Consensus Builder n ~ Subject matter expert: construction methodology, site infrastructure, U structural systems, building envelope systems, mechanical/electrical YEARS OF INDUSTRY systems and communications systems EXPERIENCE T~` Large complex projects: zero lot line, deep excavations, heavy structural PROJECT ROLE EDUCATION/ Joe Niewohner will establish team relationships and initiate services for the CERTIFICATIONS project. Additionally, he will be involved from the initial phase if the [PD process in preconstruction through construction. He will establish the project schedule Bachelor of Science in with the IPD team. Joe will administer project progress throughout the program Construction Management; duration and monitor schedule and project cost status. To ensure the success of University of Nebraska your project, he will maintain accountability of the team and will orchestrate actions of the team to the benefit of the project. Joe has authority over all field LEED Accredited issues, including architectural, structural and scheduling. Professional PROFESSIONAL PROFILE OSHA Course, 30 Hour Joe Niewohner is highly skilled at project organization, team building, subcontractor recruitment and communication. He is currently finishing work on Stromwater Management One Steamboat Place, a new condominium/mixed-use building located at the base of Steamboat Springs. This 440,000 square foot project will include restaurants, CPR and First Aid boutiques, private member's lounge and state-of--the-art spa. The space will also include two levels of parking, retail and commercial space, and private residences. Additionally, Joe is highly skilled at project organization, team building, subcontractor recruitment and communication RELEVANT EXPERIENCE One Steamboat Place: New Mixed-use, Condominium Complex/Parking/ Spa, 468,000 sf, Steamboat Springs, CO The Lodge at Mountaineer Square: Mt. Crested Butte, CO, Luxury Homes, Parking Garage, 95 units, 190,000 sf WestWall Lodge: New Construction, 257,000 sf, Mt. Crested Butte, CO To~vnhomes at Kirkwood, New Mixed-use Residential, 36,000 sf, Kansas City, MO Haselden Construction I Burlingame Ranch Phase III Page 28 PERSONNEL relentless drive toward customer satisfaction Dan Nelson 22 YEARS OF INDUSTRY EXPERIENCE EDUCATION/ CERTIFICATIONS Two-year Carpentry Apprenticeship CPR and First Aid Certification Stonnwater Management Superintendent KEY ADVANTAGES ^ Experience constructing mountain residential projects Extensive experience with quality control issues, site logistics and public safety - Site logistics expert ^ Local subcontractor knowledge ^ Team Consensus Builder ^ Experience working with proposed project team PROJECT ROLE Dan Nelson will be responsible for the overall field direction of construction activities, including the development of and the updating of schedules, cost control, quality control, and communication with the client, architect/engineer, subcontractors, and suppliers. He will conduct jobsite trade coordination meetings. Dan will also work with trade contractors and monitor performance to ensure adherence to project rules, procedures, and safety requirements, as well as solve problems in the field. PROFESSIONAL PROFILE Dan Nelson brings over 20 years of intuitional and commercial building experience to your project. The majority of hrs carstruction work has beer canpleted nn t/ee Western slope in frrn~rntui~r and resort comi~iunitres. Dan recently completed the WestWall Lodge condominiums located in Mt. Crested Butte and is currently finishing work on One Steamboat Place, a new mixed-use project located at the base of Steamboat Springs Ski Resort. His years of experience are augmented by a two-year carpentry apprenticeship and courses in safety, first aid and supervision. Dan and his family reside in Rifle, Colorado. RELEVANT PROJECT EXPERIENCE One Steamboat Place: New Mixed-use, Condominium Complex/Parking/Spa, $144M, 468,000 sf, Steamboat Springs, CO s WestWall Lodge: Condominium Resort Development, 44units/ 165,000 sf, Mt. Crested Butte, CO ~Vildhorse at Prospect: Luxury Residential Homes at Mt. Crested Butte Resort, 165,000 sf, Crested Butte, CO '~ Cactus Valley Elementary School: K-4 New Construction Elementary School, 60,000 sf, Silt, CO Rifle Middle School -Additions and Renovations: Addition/ Renovation and Combination of two existing Schools, 110,000 st; Rifle, CO Haselden Construction I Burlingame Ranch Phase III Page 29 PERSONNEL relentless drive toward customer satisfaction Scott Young Core & Shell Framing Superintendent 25 YEARS OF INDUSTRY EXPERIENCE EDUCATION/ CERTIFICATIONS OSHA 10 and 30 Hour Certification KEY ADVANTAGES ® Experience constructing mountain residential projects ~+ Addresses quality issues before they become a problem ~' Site logistics expert Public safety expertise Experience working with proposed project team PROJECT ROLE Scott Young will provide overall field direction of self-performed construction activities, including the development of and the updating of schedules, cost control, quality control, and communication with the client, architect/engineer, subcontractors, and suppliers in collaboration with Dan Nelson. Scott will work with Haselden's wood framing crew on a daily basis and monitor quality and perfornance during the framing and dry-in phases to ensure adherence to quality control, procedures, schedule, and safety requirements. PROFESSIONAL PROFILE CPR and First Aid Certification Scott's 25 years of construction experience includes residential, mixed-use facilities, such as WestWall Lodge, a residential resort in Crested Butte featuring one-to four Stonnwater Management bedroom condominium units, below ground parking and meeting rooms, as well as WildHorse at Prospect, another residential community featuring single family and duplex ski homes with ski-in/ski-out comfort. He has worked in residential construction since 1985. In 1990, Scott owned his own contracting company building homes in the Aspen/Snowmass area. Haselden brought him on board in 2005 in order to utilize his residential expertise. Scott's experience in the commercial building industry is augmented by courses and seminars in safety, first aid and supervision. RELEVANT PROJECT EXPERIENCE One Steamboat Place: New Mixed-use, Condominium Complex/Parking/Spa, $144M, 468,000 sf, Steamboat Springs, CO WestWall Lodge: Condominium Resort Development, 44units/ 165,000 sf, Mt. Crested Butte, CO Wildhorse at Prospect: Luxury Residential Homes at Mt. Crested Butte Resort, 165,000 sf, Crested Butte, CO Jeffries Residence: Custom Home, 15,000 sf, Owl Creek, Snowmass, CO Gordon Residence: Custom Home, 15,000 sf, Owl Creek, Snowmass, CO Steivelman Residence: Custom Home, 18,000 sf, Aspen Valley Downs, Aspen, CO Haselden Construction I Burlingame Ranch Phase III Page 30 FI relentless drive toward customer sc~tisfnction 5.1.4 Financial Standing STANDING Please provide a description of your firm's financial standing including: 5.1.4.1 Whether your organization is in the process of filing or has filed bankruptcy within the last five years. Please also disclose any recent or open lawsuits, liens, etc. 5.1.4.2 A letter from your firm's financial institution noting your firm's financial stability 5.1.4.3 A description of how the projects referenced as experience illustrate the financial capacity to complete the project as described herein. 5.1.4.4 A letter from a bonding or surety company indicating the firm's bonding capacity Haselden manages its projects and communicates in a transparent and collaborative manner with our customers. It is this approach that reduces unnecessary risks and issues on our projects. The projects referenced as experience in Section ?, illustrate our transparent and collaborative approach to working with our clients, vendors and subcontractors. Additionally these projects were all completed on time, within budget and with no financial or legal issues. Haselden has had an aggregate bonding capacity of $300,000,000 for the past five years. We have included a letter from our surety for your project as well as a letter from our financial institution which further demonstrate our financial capabilities and strength for your project. The firm and its principals have not filed for bankruptcy or been subject to foreclosure for the lifetime of the company. Haselden has never failed to complete a contract and has not been assessed liquidated damages on any of its projects. During the past 10 years, Haselden Construction has not been involved in any litigation with an Owner. Disputes with subcontractors arise in the ordinary course of business, and periodically liens are filed. Haselden has always taken appropriate action to bond and release such liens so that the Owner is not adversely affected. Haselden Construction I Burlingame Ranch Phase III Page 31 November 18, 2009 City of Aspen, CO Attn: Ms. Rebecca Hodgson 130 South Galena Street Aspen, CO 81611 RE: Haselden Construction, LLC Burlingame Ranch Phase II Dear Ms. Hodgson: As a representative of Federal Insurance Company (Chubb), IMA of Colorado, Inc., manages the surety bond program for Haselden Construction, LLC. Our management team has known the principals and staff of Haselden Construction, LLC for over twelve years. We are proud of their outstanding reputations as individuals of high integrity, with a vast knowledge of the construction industry, producing a quality product, in a timely and cost effective manner. Surety bonds for Haselden Construction, LLC, are underwritten by Federal Insurance Company, which maintains an "A++ XV" rating by A.M. Best Company, and is listed on the U.S. Department of Treasury register of approved surety companies. While no maximum bonding limits (single or aggregate) have been established for Haselden Construction, the surety has approved individual projects in the $75 million range, with an aggregate program in the $300 million range and would positively consider any project in this range in which Haselden Construction might have an interest. A specific request for surety bonds for any project will be given due consideration based upon the underwriting evaluation at the time of the request. Any determination as to the approval of bonds for the referenced project is subject to review and approval of the contract terms and conditions, acceptable bond forms, confirmation of adequate project financing as well as other underwriting conditions which may exist at the time such bonds are requested. This letter does not constitute an assumption of liability. Any request for bonds is a matter between Haselden Construction, LLC and its surety, and we assume no liability to you or any third party if for any reason Federal Insurance Company does not execute said bonds. We are proud to recommend Haselden Construction, LLC to you. As the representative agent for Federal Insurance Company (Chubb), please refer any questions to this office. Please contact Sheryll Shaw or Sarah Finn at (303) 534- 4567. Sincerely, ~~~ Sheryll Shaw Vice President of Surety cc: Haselden Construction, LLC Federal Insurance Company P: 303.534.4.567' I RISK bIANAC:EMENi, INSURANCE Sc F: 303.534.0600 t EMPLOYEE BEN[:FITS SOLUiIUNS www.Imacorp.com AIII11 \I nI!~\: A~\l Mi\ ~lhli Kit M~ The I1v1A finunciul Group, Inc. 1550 l7th Strect, Suitc b00 [h•nvcr CU 80202-1657 I1f,\ nt s ol~.rudo Inl. ,1h„ ICI ~\ ~•I t ,~Inru d.~ In+u runrc Scrvlle~ I JIII~~1111,1 l n, u UH04734 Page 32 Five Star Service Guaranreed 950 Seventeenth Street Denver, CO 80202 November 19, 2009 Ms. Rebecca Hodgson City of Aspen 130 South Galena St. Aspen, CO 81611 RE: Haselden Construction Project Burlingame Ranch Phase 2 Dear Ms. Hodgson: I would like to introduce you to our good clients Haselden Construction; they have been a client of US Bank since 1985. They maintain a low eight figure revolving line of credit which currently has a zero balance. The company maintains several deposit accounts with mid-eight figure balances. Historically they have been in compliance with all loan and covenant requirements. Ed Haselden, CEO of Haselden Construction, is a member of US Banks Community Advisory Board. Should you have any further questions please do not hesitate to call Jeff McBride, Relationship Manager for Haselden Construction at 303-585-4109. Sincerely, ~~ C(. Jeff Mc nd~ Vice President ~i~ ~ ~~ Page 33 PRC)POSAL RESPONSE FOR BURLINGAME RANCH PHASE II TH E CITY OF ASPEN ~~ ~' d r ~~,,~~~ w i' ~ fd/,:, f y 'a9,i°~ .'i° f~rX ~ ~~a yt Y~~~ i e •. ~ +~ ,} }~ ,~ ...III,,, '4 ~~i~ /~i r, aa~ t j~ t' r . ie/ ~~' /.~ A °~ ~''"fi~~~il~ y~r8.l~"~,'~'~t'~'} ? i ~fh ~~~v~ ~~~ .N ~",~ ~~~ ~vp-' ... ~~~ ~~~ __.. • 1I ~, c~ _ ~~ ~~ t ~ ~~ ~ ~~t p i7. ~ %~ ~ s~ r ~~, ~~' ..~ 'r . ~~ i .~ r , ., ~Y ~r E (~~ r ~ ! 1 fl ~ e,~~~ y~~~ i ~ i ~.~ z~ Y ''~u ~~ -•.iM k'~~e ~ 5 1 ~~ 1 SERVICES AND CAPABILI relentless drive toward customer satisfaction 5.2 Proposed Services 5.2.1 Project Understanding Please verify your understanding of the scope of services requested in this RFP as well as described in the contracts (contracts are available in Section 7.0 Exhibits). Please include the firm's understanding of the Contractor at Risk's interaction with the IPD team, preconstruction consultation, estimating services and GMP Bid Creation. 5.2.2 Proposed Services Please provide a detailed list and description of the preconstruction services that the firm proposes to deliver to the Owner during each phase of the IPD design effort as described in Section 4 of the RFP. Omit Construction and Closeout as this will be encompassed within the scope of the Contractor at Risk's GMP Bid. Haselden understands the scope of services required by each phase of the Integrated Project Delivery (IPD) process as outlined in the RFP and are uniquely qualified to provide these services. Haselden is on the leading edge in regards to 1PD and the tools used to ensure that all team members are informed, engaged and meeting their individual and project goals. Haselden has developed a proprietary checklist that outlines the major tasks during each of the five phases of the process which we have included at the end of this section for your review. In addition to this checklist, we utilize a variety of other established processes, checklists, forms, and communication tools; samples of these tools are also included at the end of this section. We believe the IPD approach is built on mutual trust and open, honest communication. To that end, our first step in instituting the IPD approach will be to meet as a team to completely understand the individual goals of the team members and develop the team's project goals. As part of this meeting, we will kick-off our O~t~ner- Erpectatiost Progrcrni. The purpose of this program is to define your needs and the needs of the project's stakeholders and then fulfill them completely. At the start of this program, we will prioritize the wishes, wants acid must-haves of the City of Aspen to set the project values that will impact the design, preconstruction, construction and decision-making process of the project. We work hard to understand your goals and expectations and track how welt we are performing, achieving your goals and meeting your expectations. Haselden Construction I Burlingame Ranch Phase III Page 34 SERVICES AND CAPABILITIES relentless drive toward customer satisfaction Our priority in the IPD process is to ensure that both concrete project goals, such as schedule and budget, as well intangible goals such as community and team spirit are met. This process will be led by Neil Sharpies the Design-Build Manager. This type of complex and dynamic project requires a single point of contact. Neil is that single point person with significant experience in Multi-family and mountain projects. He will integrate and orchestrate the design, preconstruction, and construction efforts while keeping the City ofAspen informed and involved as much as they desire. To assist Neil in bringing forth the true integration and collaboration called for in the IPD Process, we have brought together some of the unique resources that Haselden offers to its IPD clients. First, we will utilize the services of our in-house architect, Phil Macey, to bridge the communication gap that naturally occurs between the architect and contractor. Phil's project management background allows him to understand both sides of the equation. While he is a talented designer himself and understands the mind-set and processes of a designer, he also understands the cost, systems and schedule issues that are foremost on Haselden's mind. This understanding will minimize miscommunication and maximize true collaboration between the parties. Additionally, Neil will utilize the expertise and talents of our Virtual Design and Construction Department to aid in the communication and collaboration. One of the benefits of IPD is the acceleration of early work during the conceptual design phase. The development of more useful information earlier in the project requires that an appropriate VDC protocol be established and followed throughout the process. Our in-house MEP department, led by Bob Fox, will provide the City ofAspen with the systems analysis, coordination, expert pricing and collaboration with the key subcontractors required to be onboard early through the IPD process. One last item that will enhance our preconstruction efforts its the utilization of our Self Perform Superintendent in the bidding of key trades such as the core and shell framing. Scott Young's knowledge of this trade will assist the preconstruction department in ensuring that subcontractors have a complete understanding of the scope of work, regardless of where the drawings are in the process. Additionally, Haselden will bid the appropriate scopes of work themselves and evaluate them for the best value. This process will allow you to have a truly competitive, yet collaborative bidding process. Additionally, Haselden's ability to self-perform the work during construction allows us to control the scope of work more efficiently and effectively leading to enhanced quality, better cost control, superior schedule adherence, and most importantly in an IPD delivery method, stay in complete lock-step with the project team to ensure that all project goals are accomplished. 1 Haselden Construction I Burlingame Ranch Phase III Page 35 SE relentless drive toward customer satisfaction I ES The following pages detail our preconstruction approach during the five phases of the II'D process. CONCEPTUALIZATION AND CRITERIA DESIGN After award and the initial Owner Expectation Meeting, we will continue our work by holding a design and preconstruction charette utilizing the information gathered in the Owner Expectation Meeting to ensure that all of the City of Aspen's wishes, wants and must-haves have been incorporated into the preliminary design and outline project schedule milestones. Additionally, we will develop the Model Progress Spec cation (see attached example) to develop the level of detail required as well as the assignment of responsibilities. This specification will be utilized to ensure that the all parties are working together in the same consistent manner to develop the model and project design. Scheduling One of the most crucial steps in this phase is to develop the schedule including major milestones such as the critical dates for owner decisions, design package delivery, outside review and long lead item purchases. We will work with you, the architect and the major subcontractors through a collaborative process to identity these absolute dates utilizing pull scheduling techniques, which plan from the completion date and work backwards to ensure your project is completed within your ideal time frame. During tl:e Mechanical/Electrical/Plumbing (MEP) last five ~~ears and Other Major Trade Subcontractor Early Involvement , the variance During this time, our preconstruction team will continue to analyze the most cost effective building systems including the structural aspects (stick frame vs. a panelized system), the behveen our envelope construction, the mechanical and electrical systems, and other major systems to GMP eo~rtraetecl provide the best value and most cost effective approach to meeting your goals. amount and final construction cost, Since MEP systems typically represent 30-40`% of a project's cost and their installation interacts not inchrdin; with every other trade on the project, it is imperative that these systems are analyzed up front orvne~r initiated to ensure the right systems are used, that their installation is scheduled properly and they are change orders, is installed correctly to prevent schedule delays, cost impacts and aesthetic issues. below 1 %. Our in-house team, led by Bob Fox, will begin the MEP Systems Coordination early in the IPD process and identify the right subcontractors for your project through our extensive prequalification process. We will also use the Detailed Design Model to choose the most appropriate MEP systems by utilizing our previous functional and life cycle cost analyses to determine the most cost effective systems that provide the optimum functionality for the building. Additionally, Haselden's relationships with the local mountain subcontractors and the trust that we developed, means even outside of the IPD process, we begin our work together early. This collaborative process is something that Haselden has been engaging in ~ri;th its subcontractors for over a decade. Haselden Construction I Burlingame Ranch Phase III Page 36 SERVICES AND CAPABILITIES relentless drive toward customer satisfaction DETAILED DESIGN At this point in the process, we will further explore the ideas generated from the conceptual process, investigate options and explore alternatives. It is during these initial phases of the project where critical design and construction methodology can be tested and inserted into the design process without negatively influencing the cost of design changes. Early collaboration and input by all team members will enable our IPD team to provide input that will contribute to the reduction of costs for the project. During this phase, the team will decide the final building design direction and which of the energy saving systems will be incorporated into that final design. We will begin this process by providing the designers with assemblies to create elements that will flesh out the design intent. We will utilize our 4D modeling capabilities at this point to tie the model to the schedule, creating the initial location based schedule. At the end of this phase, the project design, budget and schedule are guaranteed. The initial GMP developed at this time will provide the City of Aspen with the budget amount for the potential ballot initiative in November. Some of the tasks that Haselden will undertake during this phase are: constructability Reviews Haselden will review the documents the design team produces for "constructability" issues. To achieve this, we will offer continuous constructability analysis to the team members whose efforts are focused on design issues alone. The analysis includes review of construction materials, building systems, labor availability required by certain systems or materials and schedule implications of the design from a macro to micro view. This is also the point in time when we will vigorously assist with coordination among design disciplines. As design proceeds through preconstruction, our Project Manager (Joe Niewohner) and Superintendent (Dan Nelson) look at all details to uncover any problems with incomplete or misleading information or details that could be accomplished in a less expensive or more timely fashion. ~ ,.~. ~r , i i ;;_-~:: '~ ® ~ { ~ Haselden Construction I Burlingame Ranch Phase III Page 37 VICES AND CAPABILITIES relentless drive toward custorrter satisfaction Haselden has a systematic constructability review process in place. This process is a series of databases organized by division codes, which walk you through items to check and verify on a set of drawings. Sign-off is then obtained or questions noted, thus creating better continuity between the various drawings. Our systematic process ensures that thorough and comprehensive reviews take place. Our project teams and our clients benefit greatly from this review process as it creates a truer picture of the design for our subcontractors during the bidding process. Value Engineering and Value Management The goal of value engineering (VE) is to produce the best set of bid documents, reflecting value- added decisions to ensure true economies are realized -true economies in terms of life cycle costs, maintenance, serviceability and design choice. Like budget management, we practice value engineering as an early proactive, team approach. Rather than rework adesign -the traditional approach to VE - we introduce suitable alternatives as design proceeds. This eliminates the need to re-engineer. There is a strong distinction between value management (VM) and VE. With VM, the primary focus isn't on cutting costs; it's on defining the core functions of a facility. The better the definition, the easier it is to design and build a facility that functions well. This process necessarily involves the participation of all team members -their technical knowledge and their insight into the way people really use a building. VM looks specifically and objectively at what a building must accomplish, the alternatives available for meeting that purpose, the drivers for each alternative, and associated costs. VM isn't a "step" in the building process; it's built in to each decision. Through cost modeling, function analysis (identification of owner goals including schedule, budget, risk management, aesthetics, scope, etc.), life-cycle cost analysis (overall owning and operating expense), and quality modeling (identifying quality levels for operations, aesthetics, systems, materials, energy efficiency, etc.) the team will make the choices that offer best overall value, as defined by your needs and requirements. IMPLEMENTATION DOCUMENTS The finer details of the project from construction project schedule charettes to award of subcontractors will be undertaken. At this point, Haselden will take complete control of the model, and finalize the 4D modeling scheduling activities we began in the previous phase. We will begin the conversion of the 4U model into construction applications including Tekla (construction monitoring and quality control systems) and other visual construction management tools. Haselden Construction I Burlingame Ranch Phase III Page 38 Building Information Modeling (3D) Example SERVICES AND CAPABILITIES relentless drive toward customer satisfaction Identification and Award of Detailing Subcontractors Earlier in preconstruction, we will have formulated bid strategies that maximize the involvement of local subcontractors and ensure that the project goals are achieved. These strategies take into account trade contractor jurisdiction, workforce and material availability, cost of each prime contract, trade contractor prequalification and bonding requirements. For project team consideration, we formulate a bid strategy including a breakdown of anticipated prime contracts with associated work scope sutntnaries and a bid calendar. This is distributed to the team and cotntnents are solicited and incorporated where appropriate. Haselden will prepare instructions to bidders including bidding forms and prequalification criteria; develop subcontractor and supplier interest in the project; prepare source lists of potential bidders; establish bidding schedules; advertise for bids; and conduct pre-bid site visits and conferences to familiarize bidders with the bidding documents, management techniques, and special systems, materials or methods. In addition to the above, our preconstruction services include: Cost Estimating Prepare cost model at project inception Prepare and update detailed budgets Provide guidance on procurement of long lead items Provide a GMP for the cost of construction ^ Make recommendations on mock-ups, submittals, testing, and approvals ^ Evaluate major systems and recommend particular applications prior to design ^ Evaluate life cycle costs Value Engineering Recommend alternatives relative to value engineering and constructability Recommend alternative solutions when design details at~ect constructability, schedule, andior cost ^ Evaluate budget and suggest cost savings including value enhancing products or systems Evaluate alternatives based on cost, time, installation requiretents, available labor, and materials Constructability Analysis Deternine if good building practice is incorporated into design documents ~^ Deternine if sequencing of project is viable +~ Determine if drawings are complete and coordinated t~ Detern-tine if conflicts, ambiguities, or lack of clarity in documents is corrected Determine if existing conditions are shown correctly M Deternine if all required construction work is included w Determine if construction duration and phasing of bid packages is reasonable • Determine if site accommodates access, logistics, and storage Haselden Construction I Burlingame Ranch Phase III Page 39 D CAPABILITIES rer'entless drive toward customer satisfaction Bid Package Development In conjunction with architect, devise bidding packages and establish bidding schedules r Determine subcontractor prequalification standards and bonding policy ^ Prequalify trades and forecast labor requirements ^ Consult on EEOC and affirmative action programs ^ Prepare instructions to bidders/advertise for bids ^ Ensure minimum of three prequalified bids for every package ^ Familiarize bidders with bidding documents Compare all subcontractor bids received including conducting subcontractor interviews Scheduling Develop project schedule with IPD team Implement preconstruction schedule to guide project team Develop, recommend procedures for phased construction Define project phasing, interfacing M/E sequencing Coordinate early purchase of long lead items Coordinate Owner Supplied Items Investigate/recommend materials/equipment that could be purchased by owner Consider long lead time Coordinate deliveries of owner equipment Green Building/LEED Assist design team with environmental strategy Preconstruction documentation ^ Construction documentation ^ Cost-benefit analysis ^ Aid in the development of waste/recycle management plan ^ Aid in the development of indoor air quality plan ^ Coordinated the purchase of environmentally friendly materials Haselden Construction I Burlingame Ranch Phase III Page 40 ~ I HASELDEN CONSTRUC710N HASELDI?N PRDPKIF:TARti' IPD CIIECKLIS'I' Haselden Construction I Burlingame Ranch Phase III Page 41 DESIGN-BCILD PROJECT TEAM PROCESS Schedule I Respoiuible Parh ~ . HASELDEN CONSTRUCTION Proposed Staffing Section 5.2.3 Base Services January 15, 2010 Design Phase Phase Position Personnel Hours Ratelhr Total Fees Conceptualization Project Executive Neil Sharples 40 no charge Preconstruction Manager Christian Ekstrom 90 $ 94.10 $ 8,469.00 Director of MEP systems Bob Fox 24 no charge Architect Phil Macey 16 no charge Criteria Design Project Executive Neil Sharples 80 no charge Preconstruction Manager Christian Ekstrom 120 $ 94.10 $ 11,292.00 Director of MEP systems Bob Fox 40 no charge Project Estimator Gary Manchester or Ben Barella 120 $ 58.72 $ 7,046.40 Project Manger Joe Niewohner 24 no charge Superintendent Dan Nelson 24 no charge Self perform Superintendent Scott Young 24 no charge Virtual Design Manager Todd Ellsworth 56 $ 94.11 $ 5,270.16 Architect Phil Macey 32 no charge Detailed Design Project Executive Neil Sharples 80 no charge Preconstruction Manager Christian Ekstrom 200 $ 94.10 $ 18,820.00 Director of MEP systems Bob Fox 80 no charge Project Estimator Gary Manchester or Ben Barella 400 $ 58.72 $ 23,488.00 Estimator Ashley Linfield 160 $ 49.29 $ 7,886.40 Estimator Mike C Sibo 120 $ 49.29 $ 5,914.F~~i Virtual Design Manager Todd Ellsworth 40 $ 94.11 $ 3,764.+0 Virtual Design Modeler Robert Childers 120 $ 64.35 $ 7,722.OU Project Manger Joe Niewohner 40 no charge Architect Phil Macey 40 no charge Superintendent Dan Nelson 40 no charge Self perform Superintendent Scott Young 24 no charge Initial Contract Subtotal $ 99,673.16 Implementation Documents Project Executive Neil Sharples 80 no charge Preconstruction Manager Christian Ekstrom 120 $ 94.10 $ 11,292.00 Director of MEP systems Bob Fox 40 no charge Project Estimator Gary Manchester or Ben Barella 240 $ 58.72 $ 14,092.80 Estimator Ashley Linfield 120 $ 49.29 $ 5,914.80 Project Manger Joe Niewohner 40 no charge Superintendent Dan Nelson 40 no charge Virtual Design Manager Todd Ellsworth 80 $ 94.11 $ 7,528.80 Virtual Design Modeler Robert Childers 120 $ 64.35 $ 7,722.00 Implementation Docs Subtotal $ 46,550.40 Page 42 ~ I HASELDEN . , CONSTRUCTION BURLINGAME PHASE II WAGE RATES January 15, 2010 Wage Rates *'Note assumptions below 2010 Burdened 2011 Burdened 2012 Burdened POSITION Hourl Rate Hourl Rate Hourl Rate Sr. Pro'. Exec $ 158.67 $ 165.02 $ 171.62 Construction Executive I Pro. Exec 108.32 112.66 117.16 Sr. Pro'. Mana er 99.97 103.97 108.13 Pro'ect Mana er 90.22 93.83 97.58 Assistant Pro'ect M r 59.14 61.50 63.96 Sr. Pro ect En ineer 56.86 59.13 61.50 Pro'ect En ineer 49.29 51.26 53.31 Field En ineer 39.48 41.06 42.70 Erosion Control PE 49.10 51.06 53.11 Pro ect Accountant 43.21 44.94 46.74 Rece tionisUSecreta 31.89 33.17 34.49 Sr. Su erintendent 102.35 106.44 110.7D General Su erintendent 95.16 98.97 102.93 5u erintendent 91.11 94.76 98.55 Area Su erintendent 83.01 86.34 89.79 Asst Su erintendent 56.69 58.96 61.32 Scheduler 96.18 100.02 104.02 M & E Coordinator 99.21 103.18 107.31 Environmental Safet Mana er $ 67.58 $ 70.28 $ 73.09 Environmental En ineer 49.99 51.99 54.07 Field Safet En ineer 65.71 68.34 71.07 Concrete Finisher -Foreman 61.76 64.23 66.79 Concrete Finisher 56.69 58.96 61.32 Laborers 36.95 38.43 39.97 Labor Foreman 41.00 42.64 44.35 Car enter 53.15 55.28 57.49 Car enter Foreman 57.20 59.49 61.87 O erators -Forklift 64.54 67.12 69.81 O erators -Mobile Crane 70.36 73.17 76.10 O erators -Man and Material Hoist 64.54 67.12 69.81 O erators -Tower Crane 73.40 76.33 79.39 O erators -General 57.20 59.49 61.87 La out -Chief No E ui ment 69.35 72.12 75.01 La out - Hel er 56.19 58.43 60.77 Equi ment Mana er 70.61 73.44 76.38 Surve or Sin le Individual 107.08 111.36 115.82 Yardman 60.74 63.17 65.70 Welder -Full Equip ed 111.95 116.42 121.08 Sr. Preconstruction Mana er 108.54 112.88 117.40 Preconstruction Mana er 94.10 97.87 101.78 Chief Estimator 86.52 89.98 93.58 Senior Estimator 72.20 75.09 78.09 Pro'ect Estimator 58.72 61.07 63.51 Estimator 49.29 51.26 53.31 Virtual Desi n Mana er 94.11 97.87 101.78 Virtual Desi n Modeler 64.35 66.92 69.60 IT Mana er IT Su ort 60.65 63.07 65.59 ""ASSUMPTIONS"" 1). The Rates are projected to increase at 4.00% per year 2). Hourly rates include burden cost at the Jan 2010 Burden Rates 3). Overtime will be calculated at 1.5 times the above rates 4). The above rates assume no ROCIP program 5). The above rates exclude subsistence, per diems, housing, travel, vehicle allowances, gas, etc. 6). The above rates are stipulated fixed rates not subject to further adjustment Page 43 PROPOSAL RESPONSE FOR BURLINGAME RANCH PHASE II TH E CITY OF ASPEN . ~~ a m 0 0 N 7 N C a` = o m a ~ o s a. c a ~ ~- ~ ti fn U a ~ '~ ~C NNy ~ 1.1. U = .y~+ V ,L ~ r m = O U E v ,_ a~ v a a~ ~ n o ~ ~ c U ° N ~ ~ O y c U ~ a E ~ ~ o 'c a E V II II V V rn co Q rn o (O o m to M n t0 o in N 0 0 o u~ O r 0 o ~ o o N M ti o u~ ~ 0 v> N 0 o O o o ~ u~ r M o o to a n M f N c0 M r f a ~- ~ ~ ( ( ~ ~ ~ ~ ~ ~ ~ O w p i N v~ e» N N N O ~ D ~ D v3 F» CO w » fA U ~ "~ J J F C O V 3 L O O (D o O M r O O O O O O O M O O ~ O O O O O O N r ~ N .f.~ t (O O O O O ~ t~ ~ V ~ O O M ~ IA d O CO c a0 O N O ) Qi O O u1 N O O O ~ r O O ill N N N N O ~ ~ CD O O O O O tf ~ r M O O ~ OJ A ~ n y LL { fD lf ~ O ~ r R ~ 1 - f 1 w O C c0 M N r c0 00 ~ N y y (O V (O . U ° u ~ ^ W N C O d ` ~ a ~ (n ~ v> » ~ cs~ v~ ~» fn ~» Fn ~» w d J m ~ a ~ s ~ ui ~ 3 a ~ m ~ E ~ _~ ~ N N d W ~ N ~ N t * y C N O d W C N ~ d # * J °~ p_ O a~ U ~ ~ ° h w S ~ Q = Q m O U E LL w a a~ ° a W ° a ~ ~' N J c m ~ ~` ~ d ~ w `~ a ~ U ~ ~ ~ ~ _ a Z w m ~ N~ ~ ^ r a ~ y t °" O m W N c .O ~N 10 W N N ^ m ~ 7 N y a o C o ~ N ^ a~ O C c? t'n N w m a o ° w v °' a E LL v ~ .N v v rn a N W w W w a ' °' ^ ~ ~ ~ v~ a m 5 o- ~~ ~ W o O ~ E o o o m 5 o ~ _ - ~ a~ ^ o u I.L = ~ y ~ Y fn Q7 S . C o0 N c ° ,~ N a ~ W N a a Z O. E N o Z . ,C ` ~ c ~ N N m o O p W z v cv o L z a ' ~ L ~ ~ a ~, C 7 d C 7 ~S a~ d Z a o a ~ a ~ ~ g o X li w m m m c w ° L o E c to z ~ m z ° ~ o E m :°. c n « J c a ~ c c ^ J a ~ a m~ ~ ^ ^ w ~ m E w e ~ rn ~ ~ E E a * * , H In m ~Ul ~ N _ ~ F °. ~ N .~ L ~ ~, ' ~ Q, N ~ ~ d d ~ VI ~ ~, L ~ * z o 0 0 'c Z ~ a° Q O _c c f ^°' E ~ ~ a° Q o E E Q7 Q1 a HASELDEN CONSTRUCTION HASELDEN CONSTRUCTION BURLINGAME RANCH PHASE II THE CITY OF ASPEN ,' ~' 1/29/2010 BURLINGAME RANCH PHASE II CONTRACTOR AT RISK INTERVIEW FOLLOW UP ~ , HASELDEN CONSTRUCTION 1. The dollar volume for residential housing of a mid range cost and the dollar volume of high-end residential projects. Mid Range $190M High End $272M 2. The volume ofmulti-family housing units that were constructed using the following technique of construction: Modular $0 Panelized $_53M Stick $137M Steel & Metal Stud $272M 3. The dollar volume for years 2007, 2008 and 2009: 2007 Commercial $80M Residential $180M 2008 Commercial $202M Residential $62M 2009 Commercial $149M Residential $83M 4. The single most expensive project. One Steamboat Place Condominiums; $145M 5. The dollar volume distribution for Government vs. Private work for years: 2005 2006 2007 2008 2009 Public $101M Private $71M $197M $80M $165M $95M $123M $141M $149M $83M 6. The projected overhead & profit just for the construction phase of work and assume a project of X80,000,000. The overhead & profit we are proposing is 2.10%. 1 ~ , HASELDEN CONSTRUCTION 7. The fee for General Conditions for the construction phase of work and assume a project of $80,000,000. We have included two General Condition options. o Option 1 is based on modular construction at a cost of $2,608,075. Please see attached General Conditions for details. o Option 2 is based on stick or panelized construction at a cost of $3,009,276. Please see attached General Conditions for details. Refer to the attached CM at Risk Matrix that defines what is included in the General Conditions. 8. If there are options to either request no. 6 or no. 7 please elaborate under this item number. See answer stated in question #7. Haselden Construction has a consistent track record of our GMP's being within 1% of the actual cost. This record keeps change orders to a minimum. If the committee would like further information regarding this we would be happy to provide. Thank you for the opportunity. 2 BURLINGAME PHASE 11-MODULAR GC'S '~ H AS E L D E N 6950 South Potomac Street CONSTRUCTION Centennial,C080112 Phone: (303) 751-1478 Fax: (303) 751-1627 Estimator: Christian Ekstrom Project Qty: 289000 GSF Report includes Taxes 8 Insurance. ADVERTISING 1.00 LS 1,500.00 1,500 ..----------------- GROUND BREAKING 1.00 LS 2,000.00 2,000 DESIGN SERVICES - BY OWNER NIC SOILS REPORTS - BY OWNER NIC ENGINEERING FEES - BY OWNER NIC Subtotal OUTSIDE SERVICES BCONSULTANTS $3,500 PERMITS 8 FEES -BY OWNER NIC BUILDING PERMIT - BY OWNER NIC GEN. LIABILITY INSURANCE -INCLUDED WITH COST OF NIC WORK PAYMENT 8, PERFORMANCE BOND- INCLUDED WITH COST NIC OF WORK BUILDERS RISK - BY OWNER NIC ___ LICENSES -WITH FEE INC TAP AND DEVELOPMENT FEES - BY OWNER NIC 3RD PARTY INSPECTIONS - LA JOLLA PACIFIC -INCLUDED C.O.W. WITH COST OF WORK MISC PERMITS- INCLUDED WITH COST OF WORK C.O.W. Subtotal PERMITS, FEES, & INSURANCES PROJECT SURVEY -INCLUDED IN THE COST OF THE WORK C.O.W. PROGRESS PHOTOS 30.00 MO 65.00 1,950 BUSINESS DEVELOPMENT PHOTOS 1.00 LS 750.00 750 DIGITAL CAMERA FOR PROJECT PHOTOS ~ 2.00 EA 225.00 450 Subtotal SURVEYING & MISC. SERVICES $3,150 ~ • PROFESSIONAL PROJECT STAFF 1.00 LS 1,747,033.00 1,747,033 PROJECT EXECUTIVE INC PROJECT MANAGER INC SUPERINTENDENT INC AREA SUPERINTENDENT INC PROJECT ENGR INC ADMINISTRATIVE ASSISTANT INC MEP COORDINATOR INC 3D MODELING DRAFTSMAN INC Subtotal PERSONNEL COSTS $1,747,033 ~ • PROFESSIONAL EMPLOYEE SUBSISTANCE 30.00 MO 5,000.00 150,000 Page 1 January 29, 2010 BURLINGAME PHASE 11-MODULAR GC'S HASELDEN CONSTRUCTION 6950 South Potomac Street Centennial, CO 801 12 Phone: (303}751-1478 Fax: (303)751-1627 Estimator: Christian Ekstrom Project Qty: 289000 GSF Descri tion Quantit Unit Total EMPLOYEE TRAVEL BUSINESS MEALS 30.00 30.00 MO MO 500.00 200.00 15,000 6,000 BUSSING OF EMPLOYEES - BY OWNER LAND LEASE/ PARKING LOT LEASE - BY OWNER NIC NIC RFTA BUSSING YEARLY PASSES 30.00 EA i~i.uu ~i,ssu Subtotal RELOCATION/TRAVEL x192,330 ~ ~ HCI FURNITURE 1.00 LS 1,250.00 1,250 COPIERS 30.00 MO 600.00 18,000 HCI FAX MACHINE 1.00 EA 550.00 550 JOB OFFICES 30.00 MO 900.00 27,000 JOB OFFICE SET UP 1.00 EA 3,500.00 3,500 JOB OFFICE DEMOBILIZE 1.OD EA 2,000.00 2,000 - - - HCI COMPUTER EQUIPMENT 30.00 MO - - -- 270.00 8,100 PRINTER -NETWORK 1.00 EA 750.00 750 HCI OFFICE SUPPLIES 30.00 MO 439.60 13,188 IT CHARGESlSYSTEM MAINTENANCE 30.00 MO 290.00 8,700 MISC. PRINTING 1.00 LS 2,500 00 2,500 POSTAGE/UPS 30.00 MO 700.00 21,000 Subtotal FIELD OFFICE EXPENSES $106,538 TOOL TRAILER/STORAGE CONTAINERS- INCLUDED IN THE C.O.W. COST OF THE WORK SITE FENCE -INCLUDED IN THE COST OF THE WORK C.O.W. STAIR TOWERS -INCLUDED IN THE COST OF THE WORK C.O.W. TRASH CHUTE -INCLUDED IN THE COST OF THE WORK C.O.W. PM 10 MONITORING SYSTEM - BY OWNER NIC PROJECT SIGNSI SIGNAGE 1 00 L5 2,974.86 ____ _ 2,975 Subtotal TEMPORARY FACILITIES $2,975 • ~ • ELECTRICAL SERVICE SET UPl TEMP SERVICE FOR 1.00 LS 6,000.00 6,000 BUILDING, TEMP OFFICES ELECTRICITY CONSUMPTION JOB OFFICES 30.00 MO 200.00 6,000 ELECTRICITY CONSUMPTION JOB SITE -INCLUDED IN THE C.O.W. COST OF THE WORK HCI TELEPHONES 30.00 MO 274.75 8,243 INSTALL PHONE SYSTEM 1.00 LS 1,500.00 1,500 TELEPHONESI FAXI INTERNET LONG DISTANCE 30.00 MO 395.00 11,850 JOB SITE RADIOS 20.00 EA 100.00 2,000 CELL PHONES 90.00 MO 82.43 7,418 Page 2 January 29, 2010 BURLINGAME PHASE 11-MODULAR GC'S '~ H A S E L D E N 6950 South Potomac Street Centennial, CO 80112 ' CDNSTRUCTlDN Phone: (303) 751-1478 Fax: (303) 751-1627 Estimator: Christian Ekstrom Project Qty: 289000 GSF CONSTRUCTION WATER JOBSITE -INCLUDED IN THE COST C.O.W. OF THE WORK DRINKING WATER 8. CUPS 30.00 MO CHEMICAL TOILETS 30.00 MO 1,600.00 48,000 Subtotal CONSTRUCTION UTILITIES $105,640 • • TEMP HEATING AND WEATHER PROTECTION -INCLUDED IN C.O.W. THE COST OF THE WORK Subtotal TEMPORARY HEATING 8 VENTILATION SMALL TOOLS 8 RENTAL- INCLUDED IN THE COST OF THE C.O.W. WORK COMPANY VECHICLE 90.00 MO 1,563.34 140,701 _... - GAS ?i OIL FOR COMPANY VEHICLES 90.00 MO 1,300.00 117,000 _. FORKLIFT RENTAL -INCLUDED IN THE COST OF THE WORK C.O.W. TOWER CRANE RENTAL -INCLUDED IN THE COST OF WORK C.O.W. MOBILE CRANE RENTAL -INCLUDED IN THE COST OF THE C.O.W. WORK M!M HOIST RENTAL -INCLUDED IN THE COST OF THE WORK C.O.W. TEMP FIRE EXTINGUISHERS 18.00 EA 70.00 1,260 STREET SWEEPING -INCLUDED IN THE COST OF THE WORK _._ C.O.W. -._- Subtotal CONSTRUCTION EQUIPMENT $258,961 ~ • •• TESTINGlQUALITY CONTROL - BY OWNER NIC Subtotal TESTING & QUALITY CONTROL SAFETY EQUIPMENT 30.00 MO 350.00 10,500 FIRST AID KIT 30.00 MO 75.00 2,250 PRE-EMPLOYMENT PHYSICAUDRUG TEST 50.00 EA 54.00 2,700 TRAFFIC CONTROL - -INCLUDED IN THE COST OF THE WORK __ STREET BARRICADES -INCLUDED IN THE COST OF THE WORK C.O.W. C.O.W. COVERED WALKWAYS -INCLUDED IN THE COST OF THE C.O.W. WORK Subtotal SAFETY $15,450 DAILY CLEAN UP -PROJECT -INCLUDED IN THE COST OF C.O.W. THE WORK DAILY CLEAN UP -JOB OFFICE 300.00 HR 49.07 14,720 -- _ JOB OFFICE DUMPSTERS 120.00 PULL 494.55 59,346 PROJECT DUMPSTERS -INCLUDED IN THE COST OF THE Pagc 3 January 29, 2010 BURLINGAME PHASE II -MODULAR QC'S ~~ H A S E L D E N 6950 South Potomac Street Centennial, CO 80112 CONSTRUCTION Phone: (303) 751-1478 Fax: (303} 751-1627 Estimator: Christian Ekstrom Project Qty: 289000 GSF RECYCLE DUMPSTERS 150.00 PULL SNOW REMOVAL -INCLUDED IN THE COST OF THE WDRK C.O.W. FINAL CLEAN -INCLUDED IN THE COST OF THE WORK C.O.W. Subtotal CLEAN UP 494.55 74,183 $148,248 AS-BUILTIRECORD DRAWINGS - BY OWNER 1.00 LS 1,500.00 1,500 WARRANTY RESERVE - 1 YEAR ONLY 1.00 LS 22,750.00 22,750 Subtotal PROJECT START UP & CLOSE OUT $24,250 ESTIMATE TOTALS $2,608,075 Pa~c 4 January 29, 2010 BURLINGAME PHASE 11-STIC1~/PANEL GC'S ~ I H A S E L D E N 6950 South Potomac Street Centennial, CO 80112 ~ coNSrRUCrioN Phone: (303) 751-1478 Fax: (303) 751-1627 Estimator: Christian Ekstrom Project Qty: 289000 GSF ADVERTISING 1.00 LS 1,500.00 1,500 GROUND BREAKING 1.00 LS 2,000.00 2,000 DESIGN SERVICES - BY OWNER NIC SOILS REPORTS - BY OWNER NIC ENGINEERING FEES - BY OWNER NIC Subtotal OUTSIDE SERVICES &CONSULTANTS $3,500 PERMITS & FEES -BY OWNER NIC BUILDING PERMIT - BY OWNER NIC GEN. LIABILITY INSURANCE -INCLUDED WITH COST OF NIC WORK PAYMENT & PERFORMANCE BOND -INCLUDED WITH COST NIC OF WORK BUILDERS RISK - BY OWNER NIC --________ LICENSES -WITH FEE ---- ---------------------- INC TAP AND DEVELOPMENT FEES - BY OWNER NIC 3RD PARTY INSPECTIONS - LA JOLLA PACIFIC -INCLUDED C.O.W. WITH COST OF WORK MISC PERMITS -INCLUDED WITH COST OF WORK C.O.W. Subtotal PERMITS, FEES, 8 INSURANCES DIGITAL CAMERA FOR PROJECT PHOTOS 2.00 EA 225.00 450 PROJECT SURVEY -INCLUDED IN THE COST OF THE WORK C.O.W. PROGRESS PHOTOS 30.00 MO 65.00 1,950 BUSINESS DEVELOPMENT PHOTOS 1.00 LS 750.00 750 Subtotal SURVEYING &MISC. SERVICES $3,150 • • PROFESSIONAL PROJECT STAFF 1.00 LS 2,087,243.20 2,087,243 PROJECT EXECUTIVE INC PROJECT MANAGER INC SUPERINTENDENT INC - ------------------------ AREA SUPERINTENDENT ---- INC -------------- ------------- PROJECT ENGR INC ADMINISTRATIVE ASSISTANT INC MEP COORDINATOR INC 3D MODELING DRAFTSMAN INC Subtotal PERSONNEL COSTS $2,087,243 • • PROFESSIONAL EMPLOYEE SUBSISTANCE 30.00 MO 6,750.00 202,500 Page 1 January 29, 2010 BURLINGAME PHASE II,STICK,/PANEL GC'S ~ I H A S E L D E N 6950 South Potomac Street Centennial, CO 801 12 ~ CONSTRUCTION Phone: (303) 751-1478 Fax: (303) 751-1627 Estimator: Christian Ekstrom Project Qty: 289000 GSF Report includes Taxes 8. Insurance. Descri tion Quanti Unit Total EMPLOYEE TRAVEL 30.00 MO soo.oo 15,000 BUSINESS MEALS 30.00 MO 200.00 6,000 BUSSING OF EMPLOYEES - BY OWNER __. NIC _._._ LAND LEASE! PARKING LOT LEASE - BY OWNER NIC RFTA BUSSING YEARLY PASSES _. 30.00 EA _. 711.00 21,330 Subtota! RELOCATIOWTRAVEL _ __.~...._. __. -- -- - $244,830 HCI FURNITURE 1.00 LS 1,250.00 1,250 COPIERS 30.00 MO 600.00 18,000 HCI FAX MACHINE 1.00 EA 550 00 550 JOB OFFICES 30.00 MO 900.00 27,000 JOB OFFICE SETUP 1.00 EA 3,500.00 3,500 JOB OFFICE DEMOBILIZE HCI COMPUTER EQUIPMENT PRINTER -NETWORK 1.00 EA 30.00 MO 1.00 EA __._ HCI OFFICE SUPPLIES 30.00 MO 439.60 13,188 IT CHARGESISYSTEM MAINTENANCE 30.00 MO 290.00 8,700 MISC. PRINTING 1.00 LS 2,500.00 2,500 -._ POSTAGElUPS _ 30.00 - MO -- 700.00 21,000 Subtotal FIELD OFFICE EXPENSES $106,538 TOOL TRAILER/STORAGE CONTAINERS- INCLUDED IN THE C.O.W. COST OF THE WORK SITE FENCE -INCLUDED IN THE COST OF THE WORK C.O.W. - - -- STAIR TOWERS -INCLUDED IN THE COST OF THE WORK C.O.W. TRASH CHUTE -INCLUDED IN THE COST OF THE WORK C.O.W. PM 10 MONITORING SYSTEM - BY OWNER PROJECT SIGNSI SIGNAGE NIC 1.00 LS .._ Subtotal TEMPORARY FAClLlTIES - $2,975 ELECTRICAL SERVICE SET UP! TEMP SERVICE FOR 1.00 LS 6,000.00 6,000 BUILDING, TEMP OFFICES ELECTRICITY CONSUMPTION JOB OFFICES 30.00 MO 200.00 6,000 ELECTRICITY CONSUMPTION JOB SITE -INCLUDED IN THE _ C.O.W. , COST OF THE WORK HCI TELEPHONES 30.00 MO 274.75 8,243 INSTALL PHONE SYSTEM 1.00 LS 1,500 OD 1,500 TELEPHONES! FAX/ INTERNET LONG DISTANCE 30.00 MO 395.00 11,850 JOB SITE RADIOS 6.DD ___ EA __ 100.00 600 CELL PHONES 750.00 MO 82.43 12,364 Page 2 January 29, 2010 BURLINGAME PHASE 11-STICK/PANEL GC'S '~ H A S E L D E N 6950 South Potomac Street Centennial, CO 80112 CONSTRUCTION Phone: (303) 751-1478 Fax: (303) 751-1627 Estimator: Christian Ekstrom Project Qty: 289000 GSF Report includes Taxes ~ Insurance. Descri tion Quanti Unit Total CONSTRUCTION WATER JOB51TE -INCLUDED IN THE COST C.O.W. OF THE WORK DRINKING WATER 8 CUPS 30.00 MO 487.65 14,630 CHEMICAL TOILETS 30.00 MO 1,600.00 48,000 __ Subtotal CONSTRUCTION UTILITIES $109,186 TEMP HEATING AND WEATHER PROTECTION -INCLUDED IN C.O.W. THE COST OF THE WORK Subtotal TEMPORARYHEATING & VENTILATION • • ~ SMALL TOOLS & RENTAL- INCLUDED IN THE COST OF THE C.O.W. WORK COMPANY VECHICLE 90.00 MO 1,563.34 140,701 GAS Z3< OIL FOR COMPANY VEHICLES 90.00 MO 1,300.00 117,000 FORKLIFT RENTAL -INCLUDED IN THE COST OF THE WORK C.O.W. TOWER CRANE RENTAL -INCLUDED IN THE COST OF THE MOBILE CRANE RENTAL -INCLUDED IN THE COST OF THE M/M HOIST RENTAL -INCLUDED IN THE COST OF THE WORK C.O.W. TEMP FIRE EXTINGUISHERS 18.00 EA 70.00 1,260 STREET SWEEPING -INCLUDED IN THE COST OF THE WORK C.O.W. Subtotal EQUIPMENT TESTING/QUALITY CONTROL - BY OWNER Subtotal TESTING 8 QUALITY CONTROL SAFETY EQUIPMENT FIRST AID KIT NIC 30.00 MO 30.00 MO 350.00 10,500 __. . 75.00 2,250 PRE-EMPLOYMENT PHYSICAL/DRUG TEST 50.00 EA 54.00 2,700 TRAFFIC CONTROL - -INCLUDED IN THE COST OF THE C.O.W. WORK STREET BARRICADES -INCLUDED IN THE COST OF THE C.O.W. WORK COVERED WALKWAYS -INCLUDED IN THE COST OF THE C.O.W. WORK Subtotal SAFETY $15,450 DAILY CLEAN UP -PROJECT -INCLUDED IN THE COST OF C.O.W. THE WORK DAILY CLEAN UP -JOB OFFICE ONLY 300.00 HR 49.07 14,720 JOB OFFICE DUMPSTERS 130.00 PULL 494.55 64,292 PROJECT DUMPSTERS -INCLUDED IN THE COST OF THE - --- C.O.W. WORK Page 3 January 29, 2010 BURLINGAME PHASE II~STICK,/PANEL GC'S ~ HASELDEN CONSTRUCTION 6950 South Potomac Street Centennial, CO 80112 Phone: (303} 751-1478 Fax: (303) 751-1627 Estimator: Christian Ekstrom Project Qty: 289000 GSF Descri tion Quantit Unit Total RECYCLE DUMPSTERS 150.00 PULL 494.55 74,183 SNOW REMOVAL -INCLUDED IN THE COST OF THE WORK C.O.W. FINAL CLEAN -INCLUDED IN THE COST OF THE WORK C.O.W. Subtotal CLEAN UP AS-BUILTIRECORD DRAWINGS - BY OWNER WARRANTY RESERVE - 1 YEAR ONLY PROJECT START UP & CLOSE OUT $153,194 1.00 LS 1,500.00 1,500 _._._ __ 1.00 LS 22,750.00 22,750 $24,250 ESTIMATE TOTALS $3,009,276 Page 4 January 29, 2010 ~ ~ HASELDEN ,' CONSTRUCTION Burlingame Phase II CM at Risk Designated Services 8 Method of Payment January 27, 2010 Required Of Phase: Project Management ONSTRUCTION MANAGEMENT SERVICES ' ~ ~ Z CM a ~ ~ a~ c a~ o u_ g .U c ~ in C ~ ~ t Risk ,~ o a a ~ ~ N ~ ~ Y ~ ,~ ~ O U U ~ o Arch _' U Z N ~ L1J a Own a rY ~ 3 Q ~ C o 1 Architectural Consultant Selection ' X 2 _ Structural Consultant Selection X 3 Mechanical Consultant Selection X X X _ 4 Electrical Consultant Selection _ _ _ _ X _ X X 5 Special Consultant Selection ~ X 6 Registered Surveyor _ ~ X 7 Construction Surveyor Selection X 8 'Site Selection Recommendations X X 9 Review Design Concepts X X X 10 Develop Bid Packaging /Subcontract Strategy X _ _ X X 11 Site Use Recommendations 12 Material Selection Recommendations X X X X X X 13 Building Systems Recommendations ~ X X X 14 Building Equipment Recommendations (Moveable) ~ _ X X 15 Building Equipment Recommendations (Fixed) X X X 16 Construction Feasibility Recommendations X ', X 17 18 Initial Pre-Con ~ Construction Schedule _ Construction Scheduling Updates X _ X ~ X 19 ', Phase Package Recommendations X X X 20 Informal Value Engineering/ Target Budgets X X X 21 Formal Value Engineering -Target Budgets X X X 22 Preliminary Total Cost Feasibility Review X ~ X X 23 Preliminary Cash Flow Analysis /Review X X X 24 Labor Availability Review (Subcontractors) X 25 Material Availability Review X 26 _ _ _ Equipment Availability Review X 27 - 28 29 30 31 ', 32 33 34 35 36 37 38 ~ 39 CONFIDENTIAL 1 of 16 ~ ~ HASELDEN . ~ CONSTRUCTION Burlingame Phase II CM at Risk Designated Services 8~ Method of Payment January 27, 2010 Required Of Phase: Contract Document Coordination CM at Risk Arch Own ONSTRUCTION MANAGEMENT SERVICES ' ~ z ~ a~ ~ ~ m o o ~ ~ c c ~ U ~ i» N ~ C C a. v c~ ~ ~ o ~, U ~ o ~ ~ ~ l1J a ~ ~ `m c ~ ~ C o 1 Total Project Cost Budget X X 2 Construction Cost Budget X X X 3 4 Construction Cost Range Estimates Initial Owner Budget X X _ X X 5 I Conceptualization Phase Cost Model X _ X 'I X 6 Criteria Design Phase Estimate X X X 7 Design Phase GMP Estimate X X X 8 ' Bid Package /Subcontract Estimates X X 9 ~ Cash Flow Projections X X X 10 Material Surveys X X 11 Trade Contractor Estimates X X 12 Change Order Estimates X 13 Set-Up Cost Accounting X 14 Set-Up Reporting Methods X 15 Set-Up Payment Procedure X 16 Set-Up Change Order Procedure X X X 17 Continued Project Cost Monitoring X X 18 19 20 21 22 23 - 24 I 25 26 27 28 29 - - 30 - - - 31 32 33 34 35 36 37 - 38 - - _ - -_ 39 CONFIDENTIAL 2 of 16 ~ ~ HASELDEN Burlingame Phase II CONSTRUCTIQN CM at Risk Designated Services 8~ Method of Payment January 27, 2010 Required Of Phase: Subcontractor Selection & Purchasing ONSTRUCTION MANAGEMENT SERVICES ~ Q m ~ z m m ~ c o ~ U N a` CM a a~ m ~ ~ n c U t Risk ~ s o ~ :. N v ~ U ~ N U ~ ~_ U o Arch _' U ~ a> ~ W a Own ~ o: 03 ~ O 1 Set Prequalification Criteria X 2 Recommend Contractor Selection Methods X 3 Recommend Contractor Award Methods X ___ 4 Develop Contractor Interest X 5 Prepare Bidding Schedules X 6 Conduct Pre-Bid Conference & Issue Plans X X 7 Receive Bids X 8 Analyze Bids X 9 Recommend Award X 10 Verify Unit Costs X 11 Negotiate Manpower Costs Required X 12 Conduct Pre-Award Conference X 13 Prepare Contracts X X 14 Supplier and Subcontractor_Review X 15 Prepare Change Orders X X 16 Verify Correctness of Quantities/ Prices of all C.O.s X X 17 Coordinate Owner Supplied Fixed Equipment X (3) X (4) X (2) X (1) 18 Advertising X 19 Plan Shipping X 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 CONFIDENTIAL 3 of 16 ~ ~ HASELD EN CONSTRUCTION Burlingame Phase II CM at Risk Designated Services 8~ Method of Payment January 27, 2010 Required Of Phase: Contract Document Coordination ONSTRUCTION MANAGEMENT SERVICES ~ ~ ~ Z CM a ~ a~ c N O LL C .~ ~ ~ O Ul U C N d U t Risk o ° i+ ~ w C O v o ~ U N U C N (~ O Arch o ~ ~ (n W Q Own ~ L N C ~ N C O 1 Feasibility Review and Recommendations X ~ 2 Constructibility Review and R_eco_m_ mendations X X I 3 ,Subcontractor Work Scoping _ 4 Responsibility for: Safety Precautions X X 5 Responsibility for: Safety Programs X 6 Responsibility for Common Temporary Facilities X 7 Responsibility for Specific Temporary Facilities X 8 Responsibility for: Common Use Equipment X 9 Responsibility for: Common Use Services X 10 Review for: Jurisdictional Overlap X X 11 Review for: Inclusion of all Work X X 12 Review for: Phased Construction Coordination X X 13 Review for: Identify Long Lead Items X X 14 Obtain Agency Approvals X X 15 Assist in Obtaining Building Permits X X X 16 _ 17 18 19 20 21 22 23 24 25 I 26 27 _ 28 29 I 30 31 32 33 34 35 36 37 38 39 _ CONFIDENTIAL 4 of 16 ~ ~ HASELDEN CONSTRUCTION Burlingame Phase II CM at Risk Designated Services & Method of Payment January 27, 2010 Required Of Phase: Onsite Staff ONSTRUCTION MANAGEMENT SERVICES ~ ~ ~ Z CM a N N LL N C ~ O V_ g ~ U N 0_ U t Risk N Y CO ? ? U I ~ iA ~ U d ~ U ~ ~ ^ Arch ' U_ Z m ~ Own ~ ~' L O ~ 1 Project Executive (time associated with project) X 2 Project Manager X 3 Project Superintendent X 4 Superintendent(s) X 5 Assistant Superintendent(s) X I 6 Sitck Frame/ Panelization Foreman X 7 '.Mechanical Coordinator (time associated with project) X 8 Electrical Coordinator (time associated with project) X 9 ProjecU Office Engineer-Home Office (time assoc. with project) X 10 Project/'Office Engineer on Site X 11 ,Engineering and Layout (as required) , X 12 Field Engineer(s) X 13 Drawing Checker (as required) X 14 'Time Keeper /Checker (as required) X 15 Scheduling Engineer (as required) _ X 16 _Expediter (as required) X 17 Formen X 18 Cost Engineer (as required) X 19 Clerk-Typist X 20 Rodman & Helpers (as required) X 21 Safety Engineer (as required) X 22 E.E.O. Officer (as required) X 23 Normal Benefits X _ 24_ Bonuses for Above (if any) _ X 25 Flagman /Traffic Control (as required) X 26 Delivery/Yardman X (1) X (2) 27 Recruitment Fees _ X 28 Accounting Clerk X 29 Virtual Design/ Modeling - Preconstruction Phase X 30 Virtual Design/ Modeling -Construction Phase X 31 32 33 ~_ 34 35 36 37 38~ ____ 39 CONFIDENTIAL 5 of 16 ~ ~ HASELDEN . ,CONSTRUCTION Burlingame Phase II CM at Risk Designated Services 8 Method of Payment January 27, 2010 Required Of Phase: Travel & Lodging CM at Risk Arch Own ONSTRUCTION MANAGEMENT SERVICES ' ~ Q' Z m ~ a~ o ~ C ~ a ~ ~ Vl ~ C ~ ~ N o ~ C U ~ N C ~ ~ ~ O o U U ~ a N ~ ~ ~ L1J a ~ rY a~ C ~ ~ C o 1 Staff Travel Cost (instate only) X 2 Staff Transportation X 3 i Project Staff Moving Expense X 4 Project Staff Subsistence Costs X 5 Project Staff Housing Expense X 6 Trades Transportation X 7 Trades Moving Expense X 8 Trades Subsistence Costs X 9 Trades Staff Housing Expense X _ 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 -- 29 30 31 32 33 34 35 36 37 38 39 - CONFIDENTIAL 6 of 16 ~ ~ HASELDEN ,' CONSTRUCTION Burlingame Phase II CM at Risk Designated Services & Method of Payment January 27, 2010 Required Of Phase: Temporary Facilities During Construction for Haselden Staff ONSTRUCTION MANAGEMENT SERVICES ' ~ ~ Z CM at Risk o ~ ;. o ~ ~ I ~ U ~ O c ~ U ~ N N U N ~ ~ ~ ~ ~~ o Arch ' U ~ ~ W a Own Q ~ 3 O ~ ~ o 1 Safety Equipment X 2 Safety Nets (as required) X 3 _ First Aid Supplies X 4 , Ambulance Cost (as required) _ X 5 Handrails ~ Toe Boards _ X 6 Opening Protection X 7 Fire Extinguishers X 8 Watchman Service X 9 CM/GC Office or Trailer Rental X 10 Field Office Furniture X 11 Computers/Printers in Field Office X 12 Computer Software in Field Office X 13 FAX in Field Office X 14 Copier in Field Office X '~ 15 Field Office Supplies X_ 16 Architect /Engineer T_e_mporary Office X 17 Architect /Engineer Telephone/Local Service X 18 Architect /Engineer Long Distance Charges X 19 Storage or Trailer Rental _ ~ X _ 20 Off-Site Storage X 21 Temporary Toilets _ _ X X 22 Waterboy/Cups X ~ X 23 'Temporary Stairs ~ X 24 Temporary Enclosures For Building Envelope j X 25 Weather Protection for Sub Work _X 26 Covered Walkways (as required) X 27 Barricades (as required) _ X 28 Construction Fencing X 29 Project Signs X _ 30 Bulletin Boards X 31 Employee Parking Expense X 32 P!C Office Expenses X 33 34 35 36 37 38 39 _~ . CONFIDENTIAL 7 of 16 ~ ~ HASELDEN CQNSTRUCTION Burlingame Phase II CM at Risk Designated Services 8~ Method of Payment January 27, 2010 Required Of Phase: Onsite Utilities & Services ONSTRUCTION MANAGEMENT SERVICES ' a N ~ z a~i u_ c o ~ N C ~ ~ a CM at Risk ~ ~ Y ~ o o m :r LL- c -° O ~ v v, ~ U ~ ~ N N U C C ~ U C~ o Arch ~ ~ ~ N ~ W a Own ~ ~ c O ~- ~ C O 1 Temporary Telephone Installation X 2 Telephone Expense X_ 3 ~Jobsite E-Mail X _ 4 ,Temporary Power Service _ X 5 !Power Expense X 6 Temporary Water Service _ X 7 ' Temporary Heating Service (common areas} ~ X 8 ' Heating Energy Charges (common areas) X 9 Temp Heating Service (cone, masonry,ext. finishes) X 10 ges (conc,masonry, ext finishes) Heating Energy Ch r a X 11 _ _ _ _ Temporary Wiring X 12 Light Bulbs X _ 13 Daily Cleanup X 14 Weekly Trash Removal X 15 Final Cleanup X 16 Dump Permits and Fees X 17 Debris Hauling /Removal X 18 Fuels for Initial Tank Filling X 19 Temporary Roads X 20 Roadway Maintenance X 21 Controls during Excavation Dust X 22 , _ Dust Control after Excavation ' X _ 23 Temporary Erosion Control Initial Setup X 24 Temporary Erosion Control Maintenance X 25 Temporary Water Expense X 26 Temporary Sewer Expense X 27 Two-Way Radio Equipment / Nextel Service X 28 Trash Chute & Hoppers (as required) X 29 Water Expense for Site Grading and Compaction _ X 30 Postage/UPS/Fed-X Charges X 31 Temporary Weather Enclosures X 32 Temporary Utility Connections X 33 Natural Gas Service X 34 Natural Gas Usage X 35 Temporary Lights X 36 Pest Control X _ 37 - - 38 - 39 - CONFIDENTIAL 8 of 16 ~ ~ HASELDEN CONSTRUCTION Burlingame Phase II CM at Risk Designated Services 8~ Method of Payment January 27, 2010 Required Of Phase: Onsite Equipment CM at Risk Arch own ONSTRUCTION MANAGEMENT SERVICES ' .~ [Y z N N LL ~ ~ ~ g .U ~ ~ rn ~ c a ~~ U N Y O i j ~ w ~ ~ U O ~ U N U ~ m c7 o ' U Z v7 W a O. ~ ~ 3 O = O 1 Auto & Fuel for Project Exec (time assoc. with project) X 2 Auto & Fuel for Project Manager X 3 '. 4 _ Pickup Truck & Fuel for Superintendents On-Site Flatbed Truck & Fuel (as require d ) I X i X 5 _ _ Water Truck (as required) X 6 ~i Air Compressor & Fuel (as required) X 7 ~ Dewatering Equipment ~ Fuel (as required) _ X 8 ; Generator & Fuel (as required) X 9 Skid Steer Loader X 10 Unloading Equipment X 11 General Hoisting Equipment X 12 Subcontractor Hoisting X _ 13 Debris Removal /Hauling Equipment (as required) X 14 Snow Removal (as required) X 15 Tires & Maintenance Cost (as required) X 16 Small Tools _ X 17 _ Expendables X I X 18 Ladders ~ X 19 Fans/Air Circulation X 20 Busses for Employee Transportation I X 21 Delivery Vehicles X 22 - Personnel Hoists X 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 CONFIDENTIAL 9 of 16 ~ ~ HASELDEN CONSTRUCTION Burlingame Phase II CM at Risk Designated Services 8 Method of Payment January 27, 2010 Required Of Phase: Temporary Heating CM at Risk Arch own ONSTRUCTION MANAGEMENT SERVICES _' Q Q' o Z ~ ~ m c m o ~ c ~ ~ U in °' o ~ U -~ - ~ o ~ :. ~ I c o v o ~ U N U ~ ~ U ' O m ~ Z ~ w Q a ~ a~ c 03 ~ 3 O 1 Temporary Enclosures For Building Envelope _ X 2 Weather Protection for Sub Work X 3 Heater Rental X - -- 4 Temporary Heating Service (common areas) X 5 Heating Energy/Fuel Charges (common areas) X 6 Temp Heating Service (conc, masonry,ext. finishes) X 7 Heating Energy Charges (conc,masonry, ext finishes) X 8 Heating Fuel Charges (conc,masonry, ext finishes) X 9 Piping Cost in Building (as required) X 10 Operator -Temporary System (as required) X 11 I Operator -Permanent System (as required) X 12 ' Operation Fire Watch (as required) X 13 '. Cleaning Cost (as required) X 14 Maintenance Cost (as required) X 15 Warranty Cost (as required) X 16 Filter Change (as required) X 17 Temporary Office Heating X - 18 - 19 20 21 22 23 24 25 26 27 28 29 30 _ 31 32 33 34 35 36 37 _ 38 __ 39 CONFIDENTIAL 10 of 16 ~ ~ HASELDEN CONSTRUCTION Burlingame Phase II CM at Risk Designated Services 8~ Method of Payment January 27, 2010 Required Of Phase: Reproduction & Printing CM at Risk Arch Own ONSTRUCTION MANAGEMENT SERVICES ~ ~' ~ a~ ~ Z a~ m ~ a~ o ti g `~ ~ ~ ~ ~ Ul ~ C a` U N Y o ~ __ v j ~ v ~ m U N U C ~ C7 ~ ^ ~ Z a~ fn W a a ~ a~ ~ N C O 1 Cost Study Documents X 2 Systems Study Documents X 3 Bid Package Documents X 4 Bidding Instructions _ __X i _ _ 5 Construction Documents Originals and Printing for Construction _ X 6 CM/GC Postage & Express Costs X 7 As-Built Documents (Redlines) X 8 As-Built Documents (Printing) ~ X 9 As-Built Documents -CAD -MEP X 10 As-Built Documents -CAD -Other X 11 _ Accounting Forms X 12 __ Field Reporting Forms X 13 Subcontract Agreement Forms X 14 Schedule Report Form_s_ X 15 Estimating Forms X 16 Cost Reporting Forms X 17 Value Analysis Studies Printing X 18 Data Processing (In-House) X 19 Reference Materials X 20 Duplication Expense (Misc.) X 21 Shop Drawing Printing X 22 Maintenance Manuals (from Subs) I X 23 Operation Manuals (from Subs) X 24 ,Special Forms _ X 25 CAD Coordination Drawings X 26 27 28 29 30 31 32 33 34 35 36 37 38 - -- 39 ~ CONFIDENTIAL 11 of 16 ~ ~ HASELDEN `, CONSTRUCTION Burlingame Phase II CM at Risk Designated Services 8 Method of Payment January 27, 2010 Required Of Phase: Quality Control CM at Risk _ Arch Own ONSTRUCTION MANAGEMENT SERVICES ' Q' z ~ ~ u- i c O ~ ~ a N N ~ C ~ y C v ~ CO :- ~ C Lj N C c~ Y ~ O rn U ~ o o c~i ~ w a ~ ~ N C 03 ~ C o 1 Field Testing Inspector (as required) _ _ X 2 Inspectors Office (as required) X 3 Inspectors Transportation (as required) _ _ X 4 Inspectors Equipment (as required) X 5 Special Inspection Consultants X 6 Special Testing Consultants X 7 Concrete Substructure -Caissons X 8 Concrete Testing X 9 Masonry Testing X 10 _ Compaction Testing X 11 Welding Testing X 12 Pier Inspection /Testing X 13 Soils Investigations ~ X 14 Special Testing Services X 15 Project Photographs X 16 Warranty Inspections Coordination X 17 Air & Water Balancing X 18 site Training Operator On X 19 _ Prepare Operation Manuals X 20 Prepare Maintenance Manuals X 21 Prepare Preventive Maintenance Manual X 22 Warranty Reserves X X 23 Quality Control Manager X 24 Mechanical /Electrical Coordinator X 25 Curing Shed X 26 27 _ 28 29 30 _ 31 32 _ 33 34 35 36 37 38 - 39 CONFIDENTIAL 12 of 16 ~ ~ HASELDEN ,' CQNSTRUCTION Burlingame Phase II CM at Risk Designated Services 8 Method of Payment January 27, 2010 Required Of Phase: Permits and Special Fees ONSTRUCTION MANAGEMENT SERVICES ~ a- N ~ Z a~i ~ o ~ C O U N a CM a m ~i C g in C U t Risk ~ ~ o_ ~ " -C O v ~, U ~ i d i U C ~ ~_ O ~ Arch N ~_ Z N (n W a Own ~ ~ C 03 ~ N C O 1 ~ Parking Lot Rentals X 2 Parking Fees X 3 Curb ~ Gutter Permits X 4 Sign Permits X 5 _ Sidewalk Permits X 6 Landscape Permits X 7 Street /Curb Design Charge X 8 Building Permits _ X 9 Plan Check Fees X 10 ;Water Connection Fee X 11 ~ Sanitary Connection Fee X 12 Storm Connection Fee X 13 Gas Service Charge X 14 ~_Power Service Charge X 15 Steam Service Charge X 16 Chiller Water Service Charge X 17 Special Tap Fees _ X 18 Contractors Licenses X X 19 Royalties X 20 Zoning Fees / Consultants X 21 Use Fees X 22 Construction Equipment Licenses X 23 Construction Equipment Permits X 24 -- 25 26 27 28 29 31 32 33 34 35 36 37 38 39 CONFIDENTIAL 13 of 16 ~ ~ HASELDEN .' CONSTRUCTION Burlingame Phase II CM at Risk Designated Services 8~ Method of Payment January 27, 2010 Required Of Phase: Insurance & Bonds ONSTRUCTION MANAGEMENT SERVICES ' v m ~ z CM at Risk i a ~ ~ ~ m O ~ C N +r O ~ ~ C C O ~ °_ ~j y ~ ~ U c ~ ~ O y N U U ~ C C O ~ v c7 ~ o Arch N ~_ ~ m (n a Own ~ ~ O C ~ N C o 1 Builders Risk Insurance I X 2 General Liability or Project Specific Insurance _ X 3 _ Automobile j X - 4 Product Liability _ I X 5 Excess Liability Coverage X 6 Workman's Compensation X 7 FICA Insurance X 8 I Federal Unemployment X 9 State Unemployment ~~ X 10 Payment Bond - CM/GC X 11 ~ Performance Bond - CM/GC X 12 ~ Street /Property Bonds X 13 _ State /Local Bonds X 14 Subcontractors Bonds X 15 Warrantee Bond Costs _ X 16 Builder's Risk Insurance Deductibles X 17 Offsite Storage Insurance /Bonding X 18 Equipment Insurances X 19 Two Year Maintenance Bond (If required) X 20 OCIP -Orientation /Testing X 21 OCIP -Basic Administration /Enrollment X 22 OCIP - CM/GC Administration X 23 OCIP -Auditing _ X 24 25 26 _ 27 28 29 - 30 - - 31 32 33 34 35 36 37 38 39 CONFIDENTIAL 14 of 16 ~ I HASELDEN Burlingame Phase II . ~ CONSTRUCTION CM at Risk Designated Services 8~ Method of Payment January 27, 2010 Required Of Phase: Other Costs ONSTRUCTION MANAGEMENT SERVICES a .j o~ N ~ z CM a ~ N LL N o ~ ~ o ~n U N ~ C a` U I t Risk U7 Y C ~ O j ~ > v o Vl ~ ~j N U C ~ c7 o Arch _' U Z N (n LL1 a Own fl- ~ Q' 03 ~ C O 1 ~ Project Sales Taxes j X I ~ 2 Use Taxes X 3 Construction Equipment X 4 _Construction Services X 5 Construction Materials X 6 Construction Labor X 7 Cost of Design & Engineering X 8 A/E Cost for Bid Packages X 9 A/E Fast Track Cost Extras , X 10 Preliminary Soils Investigation X 11 j Title /Development Cost X 12 Land Costs X 13 Financing /Interest Cost X 14 Interim Financing Costs X 15 Building Operation After Move-In X 16 Building Maintenance After Move-In ! X 17 Moving Coordination (Develop Transition Manual) X 18 Moving Costs X 19 _ Corrective Work Extra X 20 Costs of Emergency Work X 21 ACM General Overhead Cost X 22 CM Profit /Margin X 23 GMP Financial Responsibilities X 24 Late Payment Interest X 25 (Environmental Impact Studies X 26 ;State Required Inspections X 27 Design Contingency X 28 Bidding Contingency X 29 Construction Contingency - X 3~ - - 31 32 33 34 35 36 37 38 i 39 CONFIDENTIAL 15 of 16 ~ ~ HASELDEN CONSTRUCTION Burlingame Phase II CM at Risk Designated Services 8 Method of Payment January 27, 2010 Required Of Phase: Offsite Services ONSTRUCTION MANAGEMENT SERVICES m ~ Z CM at T a~i ~ m C ~ O ~ C ~ °_ ~ C ~ m ~ C ~. ~ Risk -- ~ ~ o ~ :+ ~ C ~ v ~ U ~ N U C N ~ o Arch N ~ i' N (n L1J a Own ~ ~ N C O s- ~ C o 1 Corporate Executive Salaries ~ Bonuses (as required) X 2 Principal In Charge (as required) X _ _ 3 _ Project Executive (as required) X _ 4 _ Off-Site Project Manager X 5 Off-Site Accounting (as required) X _ _ 6 Legal -Basic Service (as required) X 7 Scheduling (as required) X 8 Life-Cycle (as required) X 9 Purchasing (as required) X X _ 10 Value Engineering (as required) X X 11 Estimating (as required) X 12 Cost Engineers (as required) X X 13 Project Coordinator (as required) X 14 Project Expediter (as required) X 15 Drafting Detailer (as required) X 16 Drawing Checker (as required) X 17 Safety Office (as required) X _ _ 18 I I EEO Office (as required) X 19 Secretarial (as required) X 20 Clerk-Typist (as required) X 21 Benefits X X 22 Vacations for Above X X 23 .Bonuses for Above (if any) X X 24 I Legal (Special Services) X 25 Home Office Rent & Utilities X 26 Home Office Equipment X 27 Standard Home Office Computers/Printers X 28 Computer Requirements Unique to the Project X 29 -.. Computer Software Unique to the Project _ X _ 30 Duplicating Costs X 31 Postage X 32 Forms X 33 Office Telephone Systems X 34 Nextel/Mobile Phones/Radios X 35 Long Distance Charges X 36 Corporate Executive Vehic les X 37 _ Project Executive Vehicle 8 Fuel (as required) X 38 Off-Site Project Manager Vehicle ~ Fuel X 39 CONFIDENTIAL 16 of 16 HASELDEN CONSTRUCTION ~/ HASELDEN CONSTRUCTION BURLINGAME RANCH PHASE II CONTRACTOR AT RISK CLARIFICATIONS February 19, 2010 1. Submit a copy of the company's recent audited financial statement, and a current internal statement, both income statement and balance sheets, with work in process schedules. Please refer to the attached documents. This information is confidential to Haselden Construction and should only be utilized in determining Haselden's ability to provide Construction Manager at Risk services for the Burlingame Ranch Affordable Housing Project. 1 ~, HASELDEN CONSTRUCTION 2. Submit a copy of the company's quality control/quality assurance procedures and protocols. Ongoing Quality Monitoring and Control Led by Dan Nelson, Project Superintendent, our Quality Control Process focuses on communication, defining expectations and accountability. Our 4-Step Quality Control Program serves to enhance the subjective quality control exercised by our project team and includes 1) Pre-phase Planning, 2) Initial Inspection, 3) Follow-up Inspections and 4) Final Phase Close Out. At the heart of this system is the first point, the Pre phase Planning Meeting. This meeting is conducted prior to starting every significant portion of work and is attended by each member of the project team having a direct interest in the outcome. The subcontractor, azchitect, consultants, related subcontractors and Haselden's team members will discuss all salient features of the subject work. We will review the contract requirements, the schedule for the work, any testing requirements, the relationship of the work to other ongoing operations, staging and storage requirements, expected levels of quality to be produced in the work and any other items necessary to assure the work is organized and begun in a manner which will allow success to occur. Once construction work begins, point two is the Initial Inspection. This review is conducted for the purpose of assuring that all of the commitments made in the pre-phase were understood and are being implemented. As the work progresses, we conduct Follow Up Inspections, the third point of the system. Our field supervisory staff assume a "hands-on" attitude when executing the work, reviewing each subcontractor's operation on a daily basis. The "pre-final" inspection is designed to assure that all the proper and necessary steps aze being taken to accomplish an expeditious close out of the subject work. We review the status of [he as-built drawings, the status of the operation and maintenance data and the status of the required submission of warranty documentation, all with an eye towazd close out. The fourth point is the Final Phase Close Out. We closeout each portion of the work as early as possible to avoid rushing through the process at the end of the project. We punch out areas to be submitted for final acceptance prior to the Owner's and Architect's final acceptance review. 2 ~/ HASELDEN CONSTRUCTION Field-based Project Management using Vela Systems Haselden is the first general conffactor in the Colorado market to use Yela Systems as a day-to-day field based project management solution using a portable tablet personal computer (PC). These modules include Quality Assurance and Conffol Checklist (QA/QC), Issues & Punchlists, Safety, Material Tracking and Field BIM. Vela enables the Haselden project staff to take all of the project documents out tc the field via a Tablet PC. We refer to this as a "virtual tube" of drawings. The Tablet PC allows our team members to be mobile on the project site with all of the project information at their fingertips. When a subconffactor has a question, it is very easy for our team to view a conffact document and resolve the issue right at the site of the problem. These issues are tracked and documented in the Issues and Punchlist module of Vela. Using the live and flexible QA/QC checklists in Vela, the Haselden team can monitor the quality of the entire project from pre- installation meetings to post installation or various items. We understand that there is a ffemendous expense on projects due to the lack of a good quality conffol program. Using Vela's QA/QC checklists, this establishes what we believe is a best-in-class quality implementation process to make sure things are done right the first time, therefore saving the project time and money. The safety module is another tool that allows us to monitor, document, and implement our detailed safety process in the field. ~~i_ OIIIOC CNE W QIST MIVUfiER O~pYawwiM } 1 0 0 ...... a a'm a ...~....s ir.a°'~a:.:.. IbNMgwMMY ,. _... ..... nwv..r.i. ~ l ~' ~ o.a, ~ Fr i.M.F .,~~ i ~ ~ wi '. w .. o .. F • rlm ~.w.F n mo i . ~~ _ 1~w. U~FpamMpYgFV[~ tMm FFapY M4 j1W4Mn ~MgWMM 4!lPA M5 I~tiFwwr F>vww Ae.wx Wal-cp. ~Irjg1 M9 ~IeryMIOWi I,.,Fy1.w~ FIY.~tl-lii~ fdtlM~O.We Irl~ M6 Fbpp M4 ~M Yn~oM 01O.fsai Wilms M~,NUI F:l!AT M} Ide.MwM tvY C4N Ibf-11~.~ ,rtifn MA •~ ~® w ~I..nM 4~.-a iT...wM~.. ~MM M tM'@ MS ~ .... 3 ~, HASELDEN CONSTRUCTION Quality Control Checks using the Trimble LM80 Sysrem As part of an overall QA/QC program, we have implemented the use of a unique surveying system by Trimble called an LM80. This system provides us with the ability to accurately layout a project with only one individual using both 2D CAD and 3D model files. More importantly, the system enables us to go out in the field and gather as-built information and import it back in to CAD or a 3D model to compare with the "for construction" documents. As part of our overall Virtual Construction (BIM) process, the LM80 system is the tool we use to verify subcontractors built systems against what was coordinated and signed off on during the modeling process. This system allows us to control the quality not only during the Virtual Construction process but also all the way through the Construction process. We believe that this system will directly benefit your project both by saving time and money in making sure that items are laid out accurately in the first place and aze installed as agreed to on shop drawings that are coordinated via the VC process. 3. Submit a current copy of the company's experience modification worksheet. Please refer to the attached documents. This information is confidential to Haselden Construction and should only be utilized in determining Haselden's ability [o provide Construction Manager at Risk services for the Burlingame Ranch Affordable Housing Project. 4 V VVN VI~VVN~ 1~~ •~~V ~ ~V~N ~/ HASELDEN CONSTRUCTION 4. Submit the details of how the company prequalify and select subcontractors. Identification and Award of Detailing Subcontractors Earlier in preconstruction, we will have formulated bid strategies that maximize the involvement of local subcontractors and ensure that the project goals are achieved. These strategies take into account trade contractor jurisdiction, workforce and material availability, cost of each prime contract, trade contractor prequalification, and bonding requirements. For project team consideration, we formulate a bid strategy including a breakdown of anticipated prime contracts with associated work scope summaries and a bid calendar. This is distributed to the team and comments are solicited and incorporated where appropriate. Haselden will prepare instructions to bidders including bidding forms and prequalification criteria; develop subcontractor and supplier interest in the project; prepaze source lists of potential bidders; establish bidding schedules; advertise for bids; and conduct pre-bid site visits and conferences to familiarize bidders with the bidding documents, management techniques, and special systems, materials or methods. Utilization of Local Market Resources Haselden's first step to ensure adequate utilization of local market resources is to develop a list of subcontractors for approval or review by the City of Aspen, Rider Levett Bucknall, the architect. This review will be the start of a specific Master Database for procurement and subcontracting for your project. After this database is developed, Haselden will continue to add qualified and experienced subcontractors from an extensive list of local and statewide firms. Haselden will attract a significant quantity of subcontractors to participate in the prequalification process. The following examples demonstrate how we will work with subcontractors in the community to provide assistance during the solicitation and bidding process ensuring that the City of Aspen receives the most comprehensive bids. This tried and true Haselden process is well known in the Colorado subcontractor community and since subcontractors know the value that it brings they are receptive to working with our team. Subcontractor Forums Haselden will hold subcontractor forums in Aspen to create interest and give the subcontractor community an opportunity to meet the project team. This is also the time to express expectations of Haselden, OZ, RLB and the City of Aspen on items such as safety, accuracy, and complete scopes. It also allows input from the subcontractor community on what scopes are best packaged to maximize their ability in their respective fields and optimize the best pricing and schedule for the City of Aspen. Scope Packaging Subcontractor scopes will be structured into sizes that optimize cost and schedule with input from the subcontractor forums. We will package the scope of work to allow far both small and large contractor participation in order to attract and support the inclusion of local subcontractors as well as minority- owned businesses and women-owned businesses. 5 ~, HASELDEN CONSTRUCTION Minority artd Wonten Owned Busi~tesses (M/WBE) Haselden has extensive experience in Federal and Municipal conffacts. Through this experience, we have atffacted a lazge following of MBE and WBE subcontractors. Quite often we have met percentages in the 10-20% range for participation while continuing to maintain our stringent Safety and Quality requirements. If this is a desire or requirement for the City of Aspen, Haselden can meet this expectation. Scope Narratives As part of our bidding process, we will provide prequalified subconffactors with a detailed narrative that outlines all of the equipment required for the project that may not be available on the drawings at this early stage of design. Haselden will use these narratives, which fill in scope gaps, to hold all subcontractors to a higher standard because they will know that they are responsible for building and budgeting to the design intent not to the drawings. This process minimizes the need for the standard contingencies when sufficient detail is not available on the drawings. These detailed narratives take away their ability to ask for change orders when something is not clear on the drawings. Modeling In addition to our narratives, we will incorporate 3D models into the information that is made available to subcontractors to better envision the scope of the work so that potential bidders have all available information to make an informed decision. DocumentAvnilafiilih~ Documents will be made available via a web based project management site as to facilitate the easiest dissemination of information to the largest number of subcontractors while practicing sustainability. Hnlp Desk. We will staff a live help desk with one central contact person for the quick response to questions and resolutions to problems that subcontractors might have during the bidding process this will enhance subcontractor interest because it removes the traditional subconffactor frustrations related to bid documents. Colorado Cantractor-s Haselden has worked in Colorado for 37 yeazs and has developed relationships of mutual trust and benefit with the local subconffacting community specifically within Aspen and the surrounding communities. Our experience has taught us that these subconffactors support General Contractors who support them because of the mutual trust developed over the years of working together. Haselden has established relationships with many Colorado Mountain subcontractors because of our work in Aspen, Glenwood Springs, Rifle, Silt, Steamboat Springs, Montrose, Crested Butte, Gunnison, Grand Junction, Vail, Dillon and Black Hawk. 6 ~/ HASELDEN CONSTRUCTION Economic Forecasting Other marketplace resources can be utilized to predict market conditions for material costs. Haselden utilizes three resources to predict escalation cost in the mazket. The first is using our MCA estimating system. This system has a powerful historical database. This database is updated to always stay current with the market in three ways. First, we require all subcontract quotes to provide unit costs. With this information, the database is updated to reflect current subcontractor market conditions. Second, mazket indexes provided through a McGraw-Hi/l Construction subscription allow us to track all commodities and material pricing (i.e. steel and copper). Third, is the tracking of the Producer Price Index released by the U.S. Bureau of Labor Statistics. This is a valuable tool to monitor and predict the material costs in the dynamic construction materials market. Furthermore, we utilize the analysis of Ken Simonson, Chief Economist for the Associated General Contractors of America. Ken also works with the Bureau of Labor Statistics. We follow his reports closely for forecasting of escalation and inflation and have an established relationship through the National AGC board participation. 5. Submit a list of any previous projects that the company started but did not complete, including the details of those circumstances. Haselden has never failed to complete a contract and has not been assessed liquidated damages on any of its projects. 6. Submit a copy of the last 5 years of the company's general liability loss runs, both for the practice policies and for any wrap-ups covering your projects. Please refer to the attached documents. This information is confidential to Haselden Construction and should only be utilized in determining Haselden's ability to provide Construction Manager at Risk services for the Burlingame Ranch Affordable Housing Project. 7 ~, HASELDEN CONSTRUCTION 7. Submit a list of any pending litigation against the company. Haselden manages its projects and communicates in a ffansparent and collaborative manner with our customers. It is this approach that reduces unnecessary risks and issues on our projects. During the past ten years, Haselden Construction has not been involved in any litigation with an Owner. Disputes with subconffactors arise in the ordinary course of business, and periodically liens are filed. Haselden has always taken appropriate action to bond and release such liens so that the Owner is not adversely affected. 8. Please describe your use of BIM in the preconstruction services and what if any use of BIM your company is planning to use for the Implementation Document and Construction Phases. Please clarify the extent of BIM work that you have included in the Preconstruction Phase and in the Construction Phase of the project and are your fees included in your proposal. Haselden's BIM Services or Virtual Design and Construction (VDC) services for the preconstruction and construction phase consist of the services outlined in our attached VDC Process Guidelines. BIM Services as stated in the RFP and our VDC Process Guidelines are included in the Preconstruction Fee and the Construction Fee as provided. 9. Included is a General Condition Matrix, please complete the matrix by placing an "X" in the appropriate column and line for work that is assignable to your company or to others. Also include the assignable fee to the category of work that corresponds to your proposal and to your stated General Condition fee. Please refer to the attached files. 8 ConsensusDOCS 301 BIM Addendum -Exhibit 1 HASELDEN CONSTRUCTION Project: Location: Version # Virtual Design and Construction Process Guidelines 1. Process Responsibilities a. Model Manager/Coordinator b. Model Progression Specification c. Model Schedule 2. Model Standards a Modelin Pro rams 9 9 b. Model Naming Structure ; c. Orientation Point d. Model Sharing 3. Mode l Creation a. General Modeling Guidelines b. Architectural Design:. c. Structural Design d. MEP Systems Design is ' Mechanical, Plumbing and Electrical Requirements ii. Fire!Protectian Requirements e, Site Design f. Miscellaneous Systems' g. Subcontractor Modeling 4. Coordination Process<' a. Coordination Meetings b. Model Hierarchy 5. Construction Process Integration a. 4D -Model Based Scheduling b. 5D -Model Based Estimating c. Subcontractor Field Installation Process d. Field BIM 6. Model Deliverables 1 1. Process Responsibilities z a. Model Manager/Coordinator 3 Haselden Construction's Virtual Construction Department will act as the 4 model manager/coordinator for the project. The VC department will be 5 responsible for coordinating the overall modeling efforts both from the design 6 team and the construction team. The coordination of these efforts will be 7 based upon a model production schedule that is tied to the overall project 8 master schedule. 9 b. Model Progression Specification 10 The model progression specification (MPS) will be used to guide in the 11 production of both the 2D drawings and 3D models needed for the project. 12 i. The MPS's level of detail (LOD) will be used as a guide for all of the 2D 13 and 3D based project information 14 1. LOD is as Follows: 15 a. 100 -Performance /Conceptual based information 16 b. 200 -Design Intent /Criteria Design 17 c. 300 -Construction Detailing /Detailed Design 18 d. 400 -Construction Implementation Documents 19 e. 500 - As-Builts 20 ii. Responsibility for the project model/drawing elements will be assigned to 21 project team members for each of the various LOD stages. The project 22 team for the creation of the model/drawings will include the prime 23 designer as well as consultants but may also include the prime contractor 24 and major subcontractors. Element creation assignments will be unique 25 to the project based on the experience of the project team members and 26 the contractual responsibility of the team members. 27 iii. AMPS shall be filled out and agreed upon by the project team members 28 at the start of the project. This ideally shall occur before the start of the 29 design process. 3o c. Model Schedule 31 At the start of the project the project team will meet to establish the overall 32 master schedule. This schedule shall be established using a Lean Project 33 Planning Process during a schedule charrette. The project team will consist 34 of at least the Owner/Client, Prime Architect, Prime Contractor, Major 35 Consultants, and any Design-Build/Assist Subcontractors. 36 i. The schedule shall include all major project milestones both related to the 37 design and construction of the project. 38 ii. The design schedule will include milestones related to major package 39 deliverables to match the requirements of the construction schedule. 40 iii. The design schedule shall also include the major modeling milestones 41 that relate to contractual document issuances. This should take into 42 account time needed for coordination of the model. 43 VDC Process Guidelines vXX -DRAFT Page 2 of 10 2/22/2010 as 2. Model Standards as a. Modeling Programs 46 Haselden Construction uses the following programs as part of its Virtual 47 Construction efforts. All models need to be created so that they can be read 48 in at least one of the programs below. 49 i. Revit Architecture - 2009, 2010 50 ii. Revit Structure - 2009, 2010 51 iii. Revit MEP - 2009, 2010 52 iv. Vico Constructor- 2008 53 v. Vico Office - 2009 54 vi. ArchiCad - v12 55 vii. Tekla Structures - v15 56 viii. Tekla Construction Management 57 ix. NavisWorks - 2009, 2010 58 x. AutoCAD - 2009, 2010 59 xi. AutoCAD MEP - 2009, 2010 60 xii. Autodesk OTO - 2010 61 xiii. DProfiler 62 xiv. SketchUp - v7 63 b. Model Naming Structure 64 i. Please use the following to name your model files 65 "project_company_trade_location_version#.file extension' 66 ii. The current model file (minus the version#) will be saved in a Current 67 Models folder for the project for use in NavisWorks. 68 iii. The current version (including the version#) of the model will be saved in 69 an archived folder for future reference. 7o c. Orientation Point 71 i. At the start of the modeling efforts the project team will agree upon the 72 location of the project origin. 73 ii. This point typically should be an intersection of two major grid lines at the 74 top of the first floor slab. 75 iii. The X,Y & Z axis for this point will be documented for all project team 76 members. 77 iv. Once established this origin will be used for all future project information 78 including 2D drawings and any 3D Models. 79 d. Model Sharing 80 i. A collaborative site will be set up for the project team to transfer project 81 information back and forth. 82 ii. This could either be a web based collaboration site or a ftp site. 83 iii. This site shall be set-up and managed by either the lead project designer 84 or Haselden. 85 iv. For this project the team will be using Haselden's Basecamp site through 86 the design phase. Individual usernames and passwords will be created VDC Process Guidelines vXX -DRAFT Page 3 of 10 2/22/2010 87 for project team members. Please note that this site has a limitation on a 88 file transfer size at 100mb. 89 v. An ftp site may be used as a backup to the Basecamp site for large file 90 transfer and contract drawing submittals. 91 92 3. Model Creation 93 a. General Modeling Guidelines 94 Models shall be created in a format that can best be used by each of the 95 individual project partners based on their specific scope of work. Each model 96 needs to have the ability to be used by other project partners that will be 97 adding information or coordinating around a design model. (Model flow: 98 Design-Fabrication-Installation-Facility Management). 99 i. All models will be supplied to Haselden Construction in their native file 100 format. Models may be requested to be supplied in alternative formats 101 based on the modeling programs that Haselden Construction currently 102 uses. (i.e. NavisWorks) 103 ii. All elements of the project are to be created in 3D with real world 104 information including material/product sizing and project specific location 105 coordinates to match what is shown on the 2D contractual documents. 106 iii. All materials assigned to model elements shall be identified in accordance 107 with the project design. The elements shall best represent the expected 108 final product. 109 iv. All model elements must be labeled per the detail codes as outlined in the 11o model progression specification at the various stages of design and 111 construction. 112 v. Elements that are being provided by a specific manufacturer or based on 113 a specific system shall be modeled using a model when available directly 114 from the manufacturer. This model shall include relevant product specific 115 information. Examples include: Equipment, Doors, Windows... 116 vi. Any element that needs specific clearance space around it shall have that 117 space modeled as asemi-translucent element clearly labeled as to what 118 it's for. This clearance element needs to be contained in a separate layer 119 from the element which it is required for. Example: Work areas around 120 electrical panels, mechanical equipment. 121 vii. Anything that is not intended to be seen in a model should be deleted 122 prior to the model being shared. 123 viii. Please use only standard fonts in the model or any accompanying 2D 124 drawings. 125 ix. Xrefs - 2D xrefs may be requested by project team members to be used 126 as a background file during their modeling efforts. Please do not bind xref 127 files to any model that is being shared with the project team. 128 x. Worksets/Layers -All model elements should be drawn on unique 129 worksets/layers that relate to that specific element or system. Text for a VDC Process Guidelines vXX -DRAFT Page 4 of 10 2/22/2010 130 model element should be on its own separate layer. i.e. fire rated walls, 131 standard partitions, etc... 132 xi. All project specific model worksets/layers need to be on/visible when the 133 model is shared. 134 b. Architectural Design 135 i. All elements shall be modeled as they are to be built. i.e. walls from top 136 of slab to bottom of the slab above. 137 ii. Model all openings in slabs and walls. 138 iii. All slabs and floors not included in the structural model. Slab should 139 include all materials required for their assembly. 140 iv. Floor coverings as outlined in the MPS not included in the structural 141 model. 142 v. All walls both exterior and interior not included in the structural model. 143 Walls need to include all materials required for their assembly. Walls 144 should be drawn as different elements and uniquely labeled based on 145 their assembly. i.e. metal studs, gyp. board, insulation... 146 vi. All columns not included in the structural model. 147 vii. Furring as required for walls and columns included in the structural 148 model. 149 viii. All doors including their door frame and their material properties. 150 Hardware should be included as a note in the model element or in the 151 naming of the element. 152 ix. All exterior systems including but not limited to: masonry, precast, plaster, 153 punched windows, curtain wall and storefront systems. 154 x. Ceilings and soffits. Ceilings shall include both hard and suspended 155 acoustical ceilings. 156 xi. Stairs and railings 157 xii. Casework 158 xiii. Roofing System 159 xiv. Scuppers and drains not included in the MEP model 160 xv. Equipment and fixtures not included in the MEP model 161 c. Structural Design 162 i. All elements shall be modeled as they are to be built. i.e. model 163 individual slabs per the way they are to be poured 164 ii. All foundations, caissons, and grade beams based on their actual sizes 165 and shown at the correct top and bottom elevation based on the project 166 origin. 167 iii. All structural walls 168 iv. All structural columns 169 v. All structural decks, beams and joists 170 vi. All lateral and diagonal bracing 171 vii. All openings in structural walls and decks 172 viii. Structural concrete and steel stairs including their related components 173 d. MEP Systems Design VDC Process Guidelines vXX -DRAFT Page 5 of 30 2/22/2010 174 i. Mechanical and Plumbing Requirements 175 1. Model all equipment and units 176 2. All ductwork including flanges and connections 177 3. All diffusers and return air ducts 178 4. All hard piping including underground piping to S'-0" from edge of 179 building. 180 5. All plumbing fixtures not included in architectural model 181 6. All plumbing fitting 182 7. All associated conduit of 2" diameter or larger not included in 183 electrical package 184 8. Equipment pads 185 9. All associated system supports including unistrut framing. Support 186 hangers mayor may not be modeled but the location of attachment to 187 the support structure must be clearly shown. 188 10. For all equipment requiring installation or maintenance clearances, 189 model the clearance as asemi-transparent item in the assembly. 19o ii. Electri cal Requirements 191 1. Model all transformers, equipment, and units 192 2. All distribution boxes 193 3. All conduit runs of 2" diameter or larger 194 4. All bundled conduit utilizing 36" square inches or larger 195 5. All cable trays including hangers 196 6. All underground conduit runs to 5'-0" from edge of building 197 7. All equipment pads 198 8. All non-surface mounted fixtures 199 9. Specialty systems (Gen. Sets, UPS, ATS, etc.) 200 10. All associated system supports including unistrut framing. Support 201 hangers mayor may not be modeled but the location of attachment to 202 the support structure must be clearly shown. 203 11. For all fixtures requiring installation or maintenance clearances, model 204 the clearance as asemi-transparent item in the assembly. zos iii. Fire P rotection Requirements 206 1. All risers, mains and branch piping 207 2. All head locations. 208 3. Include all fittings, drains, and test connections 209 4. Fire Pumps 210 5. Tanks 211 6. For all equipment requiring installation or maintenance clearances, 212 model the clearance as asemi-transparent item in the assembly. z13 e. Site Design 214 i. Site topography VDC Process Guidelines vXX -DRAFT Page 6 of 10 2/22/2010 215 ii. All underground utilities 2" or larger in diameter to within 5'-0" of the 216 building 217 iii. All bundled conduit or piping with a cross sectional area of 36" or larger 218 iv. All vaults, manholes, tanks, and underground storage containers 219 v. All ductbanks 220 vi. Light poles, light pole bases, and bollards 221 vii. Sidewalks, curb, gutter, asphalt and concrete paving 222 viii. Hardscape areas not mentioned above 223 ix. All backwash preventers and control valves 224 x. All site structures not included in the building architectural package 22s f. Miscellaneous Systems 226 The following is a list of some of the additional systems that mayor may not 227 be required to be modeled on a project based on the project specific MPS. 228 i. Raised access floor system including under floor air distribution that's not 229 been modeled as part of the overall mechanical system 230 ii. Furniture system as outlined in the MPS 231 iii. Water Features including fountains and pools 232 iv. Security systems including devices and conduit larger then 1-1/2" z33 g. Subcontractor modeling 234 i. Subcontractors shall create their models based on the same 235 requirements of the design models as outlined above for their specific 236 scope of work. 237 23s 4. Coordination Process 239 a. Coordination Meetings 240 i. The Haselden Virtual Construction Department will be responsible for 241 leading the model coordination process. This will include dividing the 242 project up into specific model coordination areas for review. 243 ii. A coordination schedule will be created with the project team to outline 244 the model coordination area sequence. This schedule will tie into the 245 overall project schedule that is established during the initial schedule 246 charette session. 247 1. Atypical coordination schedule would be for all models of a 248 specific area to be turned over to Haselden on the end of the day 249 Tuesday. 250 2. Then Haselden would internally review them on Wednesday and 251 load them into Navisworks or other model coordination review 252 software. 253 3. The actual coordination of the specific model areas would occur 254 as a team on Thursday during a live meeting either face-to-face or 255 via a web meeting service. 256 iii. Once a model coordination area has been review by the project team and 257 is deemed to be completely coordinated asign-off set will be published of 258 that area. This sign-off set will be based on the exact model files used to VDC Process Guidelines vXX -DRAFT Page 7 of 10 2/22/2010 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 create the final coordinated review model. The set will include an initial block for the various team members involved in that coordination area on each of the for construction document drawings. Also schedule sequencing for the work to be performed by the subcontractor as represented on the sign-off documents will be included on the cover sheet. iv. The coordinated model/models shall be used as a communication tool only and shall not override the contractual documents. The exclusion to this is those models that are the basis for the subcontractor's sign-off drawings. These drawings shall be treated contractual like typical project shop drawings. v. Project team members that are involved in the modeling process will be required to attend the coordination meetings. The meetings shall be attended by individuals representing their companies that are capable of approving the sign-off documents. vi. The following is the typical VDC coordination matrix that we use to review each of the independently created models against one another. VDC Coordination Matrix ACS -Architectural - Core & Shell ATI - Architectural - Tenant Interiors E - Electrical EL - Electrical - Lighting FP - Fire Protection M -Mechanical MEQ -Mechanical - Equipment MP -Mechanical - Piping P - Plumbing PFIX - Plumbing - Fixtures S -Structural b. Model Hierarchy VDC Process Guidelines vXX -DRAFT Page 8 of 10 2/22/2010 290 i. For the purposes of model coordination/clash detection the following 291 hierarchy shall be used 292 ii. This hierarchy may be adjusted based on the specific system 293 requirements on a project. If the standard hierarchy as described below 294 is to be changed for a project, then all team members must agree to the 295 changes. 296 Standard Model Coordination Hierarchy 297 1. Structural Elements 298 2. Architectural Elements 299 3. Main and medium pressure duct runs 300 4. Main plumbing waste lines and vents 301 5. Fire sprinkler mains and branches 302 6. Hot and cold water mains and branches 303 7. Plumbing fixtures 304 8. Lighting fixtures 305 9. Flexible ducts and smaller supply/return ducts 306 10. Domestic cold and hot water supply lines 307 3os 5. Construction Process Integration 309 a. 4D -Model Based Scheduling 310 i. Haselden uses the combined design models to link them to our project 311 schedule to create a 4D sequenced model. 312 ii. This 4D model is typically created during the traditional construction 313 document phase once the design models have stabilized and the 314 construction schedule has been agreed to with the project team. 315 iii. This model is used primarily for a visualization tool and is not a 316 contractual requirement. 317 iv. The model will be used during the construction process in conjunction 318 with our traditional scheduling process. 319 b. 5D -Model Based Estimating 320 i. Haselden uses various programs which allow it to take quantities directly 321 from the design models. 322 ii. Due to the liabilities of basing quantities solely off the model back to the 323 creator of the model these quantities will not be used for anything more 324 than a check against our current quantity takeoff process. 325 iii. For these quantities to be used even as a check value it's important that 326 the models are created exactly as they are to be built and as outlined 327 above in these guidelines. 3zs c. Subcontractor Field Installation Process 329 i. The subcontractor is responsible for coordinating the field installation of 330 their systems to match that agreed to during the model coordination 331 process and documented on the sign-off drawings. VDC Process Guidelines vXX -DRAFT Page 9 of 10 2/22/2010 332 ii. The subcontractor shall be responsible for any cost incurred by other 333 members of the project team due to a deviation from the sign-off 334 drawings. 335 iii. Any deviation from the sign-off drawings shall be recorded by the 336 subcontractor and used to update the model that was the basis for those 337 drawings. 338 iv. Haselden reserves the right as part of its overall quality control process to 339 spot check installed systems. Sao d. Field BIM 341 i. Coordination models may be used on the project directly in the field as 342 communication tools to help in the installation of various systems. 343 ii. Coordination models may also be attached to material tracking software 344 to monitor the flow of material from fabrication to installation on the 345 project. 346 1. If this is an elected option on a project the subcontractor will be 347 responsible for working with Haselden's tracking system to install 348 tracking devices on their materials to facilitate this process. 349 2. Haselden will be responsible to supply the subcontractor with the 350 tracking devices necessary for the process. (i.e. RFID tags, 351 barcode tags) 3sz 6. Model Deliverables 353 The final coordination model will be provided to the client and will include 354 the architectural, structural and MEP systems for the project in a 3D 355 environment that can easily be navigated. The master model is generally 3s6 made up of parametric elements for each of the different systems that are 357 generic in nature. These elements contain limited internal information 358 that can be accessed by the client for any future needs. 359 360 At the end of the model coordination process the client will be given the 361 combined master model as a NavisWorks Document file on an electronic 36z disk (cd or dvd). This file can be viewed in free viewer available from 363 Autodesk at the following link. 364 htto://usa.autodesk.com/adsk/servlet/mform?sitelD=123112&id=11091608 365 If the client owns a copy of NavisWorks a complete copy of all of the final 366 files used for the project master model will be handed over to the client 367 along with the final NavisWorks File. Training will be offered to the client 368 at the final model turnover on NavisWorks and navigating the project 369 model. VDC Process Guidelines vXX -DRAFT Page 10 of 10 2/22/2010 BURLINGAME RANCH PHASE II CONTRACTOR AT RISK GENERAL CONDITION MATRIX February 17, 2010 PROJECT MANAGEMENT ~ ~ HASELDEN ' CUNSTNUCTNNI STICK FRAME GENERAL CONDITIONS "SEE ATTACHED GC ESTIMATE FOR COMPARISON" NOT LONSiRUCTION GENERrLL GIRECi ME OWNER/ REDURED I PRECONa]gUCTION FEET FEE I CONDITIONS I COSTS I sERVICEB OWNER REP 1. AaNiaNUal caiwnem SYxtipn x 2. Structural CaruuOaM SYecdon % 3. Meclunbl coreulmm selection x x x a. Elecmwlcauwmselxmn x % x 5. 3peslGOnauOam sN 9~n x d. Rp Weratl Survalor X ]. DOmmcdoR SUrtwyor sY Ybn X B. SYe Seleclnn Rewmmrvtletior,a X X 8. Rewx Deagn COnwpb X X X teDevbp Btl PackaOFMlSUbwMraY Sbetpy X X X 11.sR UV Rawmmendetlpre X X X 12. MYaYI SYecibn ReminmeMeibre X X % 13. Buidii0 syYmia RewmmwdeB,re X X % 16. BuiMiM EquymeM RewmmeMeltlre(bbwbla) X X 15. BUidiM EqupmeM Rawmmatle0pw(F'vetl) X X X 1B COnxb,wYOn Fe6aY/iryRemmme,elelbrx X X 1].IMYI Pr>Cpn d OOnaN.EOp SMetlule X X 1B. Congich,n ecMdulig UpdYea X 10. Pbaw PackaOa RewmmeMetiore X X X 20. Infpmlal Velw Eigtiieervgl TergYBUdgels % X % 21. Famul Velw Epileer'vp-TegY BUdgab X X X 22. Relvniwry Toml LOY Feeabiy ReYew % X % 23. Pnlmiury CaeO FbwPrelyailRwmw X X % 26.labprRViebiily RVYew ~subcoMremrs) % 25. MYaYlAViaNly Redew X 28. EquymeMAVlabiiy ReYew X sea matri% NOT CONSTRVLTION GENERK OIRECi /JE OWNER/ CONTRACT DOCUMENT COORDINATION I REDU1ReD IPRecoesTqucTION EEEI EEE I conolnogs I toss I sEirvlcas (OWNER REP( see matri% 1. TWel ROjM Casl BUd2p X X 2. CARBVUCIOa CpY BUtlpY X % % 3. Ca~uceonLW Rapa EYlmalea X X % 4. MBel Pwwr BupY X 5. Cprcepdullnlnn Plleae COY Mptlel X % % 0. GrOe,i Dwgn %ute EYYneN X X X ). Oeagn Pbew GMP EabnYe X X % 0. Bitl PeakaOe / SubwnLen EYYneue X % 8. Ceab Fbw Rpjecmw X % % 10. MYail sumya X X 11. Trade Opriracbf EYYretea X X 12. CMpe ONer EeMretm % 13. Set-Up CoY AcwurOig X 16. aY-Up RepodFp Metlwda X 15. Sel-Up PeymaM Pmwduw % 10. SN-Up Cllepe Ober Procedure % X % 1). Conbluetl PmIeY CoY Monimrip X % SUBCONTRACTOR SELECTION & PURCHASING NOT REpUIRED PRECONSTRUCTION FEE CONSTRUCTION FEE GFNERPI CONONIONS DIRECT COST9 NE SERVICES OW NERI OWNER REP 1. SY PrpwllfpNUn Crilere % 2. RecommeM COMncror aelecton MMMda % 3. Rewmmertl Ca,mecmr AweN Metlwtla % 0. Dawbp COMaclor l,aere9 X 5. Prepare BiddYO SCMdWea X e. CoMUCt PrwBtl CoMererue d hw,e Plew % X ]. Re1wAw Btla % na B. RewmmeM AweN % see ma1Rz HaselCen Coretruction, LLC 1 of T Feb. 18, 2010 m. varHy um cam x t t Nepotiale Manpower Com RmuEetl % 12. COMUCI PrpgweN Collfxmce X 13. Prepare CaMncn X % 16. SUppl'eraM SUbwrtlnMrReNex X 15.PrepareCM~ga ONem X X 18. Veltly COrtectrnae ofOmrlwml Prcm olellGOS X X t].OmNiwb Owrer SUpplietl Fimtl EBUipmera X(3I %(4) X(2) X(t) t R. /dmNa"lp X I B. PIen SM1ipp'rM % NOT CONSTRUCTION pIRECT NE OW NERI CONTRACT DOCUMENT COORDINATION REDUIRED PflsconsTRUCnoN FEE FEE I cprvpRnNa I cos]s I sERVicss IowNER REPI see matdz 1. FinaLAiry ReNaweM RecommeMetiorm X 2. CanWICELdRy Rev'Iaw eM RewmmeMelorts X X 3. Subwneaclor WPA ScppalB X 4. ReaporNblrybr. Safely PrereuMre X 5. Reapo~barybr. Seery Pmglema x 0. ReaporeiNrylar Common Temporary Fecaaim X ]. RwgpomiW;lybr5peclflc TemForary FeciNm X 8. RmporeiWrybr Common Uaa Epu4meM X B. Remomibarybr Common Um $ervbm X 10. ReNew br. JU~bbrelOwrlep X X 11. Resiew br'Inclwon of ell WOM X X 12. ReNaw for PFamtl COnmuMnCOONiretbn X X 13. Rewrx br'M¢nlify LOllpLmO M1ema X X u.oMeb rnmcynPpramla x x 1s. nme'R olmbiNB BwaipB Palma: X X X NOT LONSTRVLTION GENERAL DIRECT NE OWNER( ONSITE STAFF REDUIRED PRELONSTflVLTION FEE FEE I CONDITIONS I COSTS I SERVICES (OWNER REPI $2,087,243 I. Prolacl E®cltim (lime eaucnlel nXM1 PIOIM) % 2. PmIM MareOx % 3.Pmi=+sapemlelwem x 4. sumnm.laearya) % 5. AssNanl SUilorinnMelba) X B. Slck Framel Parcl'valun Foramen % ]. MecM1anral CooNirebr(tlme emcnlM waM1 pojM) % B. Electreal Ce[rdvWOr(tlmeasaoc'wletl wi1M1 pmjecl) X B. ProfecV Offca ErgmeanHOme ORCe (llmaavoc, wiN pmlecl) X 10. PmjavYlOlri Eyvroer on Sae % 11. Elgineerrg aM Layam (as raqu:atl) % 12. FBAtl E~gireal(s) X 13. OmvYg CM1eckar(as rpuiretl) X 14. Tlme Keepetl CM1eckx(as m{uirM) X 15. Shcaiul'rg Ergnear(ea rttlulretl) X 18. Eyle]Yer(es rpiuvM) X 1]. Foremen % 1B. Cap Erynear(ea reauvetl) % 1 B. CIanc-Typetl x 20. Rptlman 8 Helpers (as requ'rM) X 21. Salary Eeginmr(as repusM) % 22. E E O. OFCer (m raryir~) % z3. NOrtnal BeneMa % z4. BoppambrREOm la.m) x 2S Flegmanl Tralfe COMmI (as rxluked) X zB. DelNeryrvamma~ x(p xlz) zy. RmmroneM Fem x ze. AcwamEM cl.rx x z8. Vrlual Dmipn! Abtlelilg- Precorlmucbn PM1em % JQ. VNUeI Dmgn! MotlelinB -conmucmn Plw» % TRAVEL&LODGING NOT REOUIHED PRECONSTRUCTION EEE cONSiRUCiION FEE GENEWLL corvolnoNS DIRECT cosTS NE ssaVCes OWNER( OWNER REP I. SnRTraM Co 1('FUnlapnly) X 2. SnRTrsrepom0on % 3. Projec151eH IMr4g Eq~enm X 4. PmIaR SnR SUbsmenca Cam % 5. Pmjxi Snfl HOU~g Epev X $223,500 Haselden Constluctioq LLC 2 of 7 Feb. 18, 2010 1. TneeaTnlwpw.ma z ~. rna.e nwapB E>menee % I. rreaee sabreme care % I. Tzim s1eRMOwg E1merlu % TEMPORARY FACILITEIES DURING CONSTRUCTION NoT coesTRDCT1oN ENERK DIRECT uE wNE FOR STAFF I REp01RED IPRECONSTRUCTWN FEET FEE I CONLYTIONS I COSTS I SERVICES (OWNER REP( 5186,682 T Se(My E0u4maM X 2. salary Nantas reBUFetl) % 3. FFNNNtl SUl9liu % a. Pmbu4roe Can(ea rbluYM) % 5. HeMnlaBTae BaeNa X B. Openvg PmrecNn X ]. Fin EeNguiM1en % e. Watchman Sense % B. CWGC OlSCe or Tracer Rerael % 10. F'eM OMU FumXUn % 11. ComPNtaaNlinnre F Fi~ta Ofice X 12. Computer SDRware H Fels OMCe X 13. FA%n Fieltl gfice % u.cepbrb Fwla oxlp. % 19. Fua oRq. sUBgiu % 10. ArcbteM/Ergbeer Temporary OBke % 1]. Ntllten/ EnBFer TelelBlona4oul Sancta % 18. NcbteM I Etgmx Long D'wence CIn~Bm % 18. SWraBe or Treier Remel % zD. oR-sm smnBe X Toia$ 21. Temporary % X 22.Wnerboy/LNW X X 23. Temporary SMia X 24. Temporary Encloeuu For Buia.q Enwbpa X 25. WuCw PmtacUOn MauE Woa: X 213. Cow~ea Welkvnye (u reBUYW I % 2]. Bemuaea(ae requi~etl) % 20. Conuuatbn FeMng % 2B. Pmjen Sgm % 30. BulletF BoeMe % 31. Empbyu ParkOg E~menrn X 32. PrL ORce Egnnua % NOT CONSTRIILTION GENERK DIREGi NE OWNER/ ONSITE UTILITIESBSERVICES ~ REQUIRED IPRECOnSTRUCTION FEET FEE I cOND1-DN3I COSTS I SERVICES IOWNE0. REP( $226760 1. Tampomry TelepMrclMallaroa x 2. TelapMne Egroree X 3. Jobtlte E-Mefl X 4. Temporery Poorer SeMCa X s. Powu Eglerw X 8. Temporary Wnm SeMCe % ]. Temporary HUdg SerWCe jcommon eras) X 0. Heebp ErcrgyCMqulcommon eras) X B. Temp HuUg Seniee (woe, memory, eq' flngllu) X 10. HuWg EregyCMgu (wurete, memory, W finWU) % 11. Temporary Wi~Yg % 12. LqM Bulbs X 13. Daffy Clunup X 14. Weekly TnaM1 Ranwwl X 15. Fhvl Clunup X 18. Dump Pemllbantl Fees X 9. Debre Haul'rg / Ramowl X 1e. Fuels br MiYfl Tank FYINg X 1B. Temporary Roatla X 20. RoaaroY McMwuma X 21. DuYCpntrolsautig EueveOOn % zz. DNawewl.~r EarewmR x 23. Temporary Emebn Coraml Inkel Sdup X 24. Temporary Emesn CoMml McMaru~ce X 2s. Temporary Wabr E~eree % 2e. Temporary Sewer Egrerlu X 2]. Twa-Way Ratlb EpupmeMl NegN SaMCe X 2B. TnM CM1Nefl Hoppers jea requiea) x Haseloen Consirucgon, LLC 3 0(7 Feb. 18, 2010 3B. Water Egnnae kr Sila GroUl~p aM Campeclun X J0. PofaBwRIPSFab%CMryea X 31. Tempanry WmMx Ercbwrea X 32. Temporary UtlH COn ~tioms X 33. NaNnl Gm Servix X 34. NeNrol Gm UeeBe X 35. Tanponry LgMa X 30. Pee Control X NOT CONSTRUCTION GENER4 DIRECT NE OWNER/ ONSITE EQUIPMENT REDUweD IPRECOUSTRGCnoN EEEI EEE I couortiONS I cosrs I seavmss IawNEa REP $257,701 L AiM fl Fuel tw PmjM Emc(ema scot. wiJi pmlacQ X 3. TJOBFUeI br Pm~ect MereBer X 3. Pickup TmddFutl br aupemneMema X 4. OnSke FlelbM TrvckBFUeI las requkml X 5. Wabr Tmck (earequvatl) X e. NCampreamrfl FUel(m requ'retl) X ]. DewemmB Equpmem BFUN las requiretl) X 0. Gerarobr d Futl (m requkM) X B. skiC Sme. b.aer X 10. UnbeU'mp Equipma~k X 11. General HobUip FquymeM X 12. Sudnntrecbr HOafiBJ X 13. Dabb RemoVaVHeuli~p Equpmmt (ae mpuved) X 14. Srow Ranowl (aa rcquireE) X 15. T'rm & Meimerence Co!(ea rrnryie]I X 10. Smell TODle X n. EgreNalYm X X to Lmaem X 1B. FarWNr Gimul¢Uan X 20. BUeea br Empbym Tro~vponemn X 21. Deliery Vebilm X 22. Pemnml Honb X NOT CONSTRVCTION GENERPL DIRECT NE OWNER/ TEMPORARY HEATING REpOIREG PRELONSTRUCTIONFEE FEE cONOrtIONS LOSTG SERVICES OWNER REP see matrix 1. Temporary EMbeurm For BuW hg Envelope X 2. WmUler Proteebn br Sub WPrk X 3. Hmbr Reuel X 4. Temporary Nmtirg Smicalmmman arose) X 5. Hm4y EnwayiFUtl CMpm(mmmon arms) X 8. Temp Heafi~IB Satica Imne, memory. W. finMml x ]. Hmtirg ErepYCbapm(mne, mamnrv.minebm) X 0. Hmliy FUelCbegm(mne, mamnry,mfinobm) X B. Pipip COeln BulBi~p (es raquveE) X 10.Openbr-Temmnry Sysem (as requlrvl) X tt.Openbr-Partunem System (asrmuiretl) X 12.Openibn F're WatcM1 (ea rtyu4M) X 13. Cleanup Catl (ea rcquirM) X u. M.imereeee coa(a. mgakeal X ts. wamey ace lee raglim) X 10. FIkm CMnBe (m requbetl) X 1]. Temporary Once Hmtiip X NOT REPRODUCTION 8 PRINTING REQUIRED PRECONSTRUCTION EEE CONSTRUCTION FEE GENEFK coNOlnorvs DIRECT costs NE sERVices OWNER/ owNER REP t. toe sedv Dmamea~ X z. sym.me sear oacamm~a X 3. Bb PackaOe Documeme X 4. Bea:p Irekuckom x 5. Consbuc0on pocumeMa OrgirelsaM Pn~N~p br Conemebn X e. CM~GC Pceage 8 Erorem Cues X ). AcBUfi DOCUmeme(0.etl l'nm) x 0. AsBUiI DOClxnerAS(Prnbg X B. dsBBltt OOmme~16-CRD-MEP X 10. AsBUiM Dammame-CrTO -OMer x i t. ncmumkp Fomla x $a,aoo Haseltlen COnSWCIion, LLC 4 of 7 Feb. 18, 2010 12. Fitltl Rapo~Gg Forma % t3. suEmnOad Ogmwnem Forma X ta. SCbetlule Repaq Forme % 15. Egbiervq Fomm X 1B. Coq RepoNg Forma % 17. Value AneIW: SWtlk»Pniw~g X 18. Data Procnabq IlnHOUn) x 1B. Rebrence Mga:la X 2o. Dnd:amn Eipenae(M'ea.) X 21. SMP OrawYq Pr:lbq % 22. Meinlererwe EYnn:(hom Sabel X 23.Ope~auon Mannls(fiom Saba) X 2a. Spec:l F011118 X 25. CAD COONYUI:n Dmvkga X NOT CONSTRUCTION GENERK OIRECT NE OW NERI QUALITY CONTROL REQUIRED IPRECONCTRUCTION EEEI EEE I c09olTl0es I costs I sERVlces IowNER REPI $25,150 1. Fieltl Taq'up lrepecapr(aa regwatll % 2. Inapecbn Oflwe(aerequktl) X 3. Inapecbre Tnriywtleinn las requietl) X <. InzOedors Equymmt(ea requYetl) X S SpecYl Irupxhm Cannbada % d. Spec:l Tegig LOnWM~ X ). Cordele SUbaTroNiro-Cacaons % 3. Condge Tesdq X B. Masonry Tegkq X 10. ComOaMn Tegig X 11. WNtlkq TemnB % 12. Pier l~upxpectlonl TeaYp % 13. Sob Ime~ehnm X 1a. spn:l r.mq sNwan x 15. Pnlect Plnbpnph X 18. Wendy Irepa.9 n CcoNre¢ n X 1]. Aird Warr Belerckg % 19.OpeMer pule Tn:rg % 1B. Prepare Operelbn Manuals % 20. Prepare Makaenaze Manua: X 21. Prepare PrereulM McMerenw Manul % 22. WemnyRmerta X X 23. OUeliry Cerbol Mereger X 2<. MxM1enuLElev4iul CooNiretor X 25. Lu:g SM1VI % NOT GONSTRVCiiON GENER?L Di0.EGi NE OWNE0./ PERMITS AND SPECIAL FEES I REDmRED IPaecorvsrsocnorv FEET FEE I cogomops I cows I sEmlcss IowNER REPI see matrBe 1. Perklq LM Reds: % 2. Peikkp Fees X 3. Caro d Gullx Po~mb X <. Sqn Pe~mb X 5. S:ewelk Pmr,b X 8. LeMSfape Pe~mb X ]. Sbed/Curb peagnCMrBe X e. Bubkg Pe~mb X B. P:n CM1xk Fen X 10. Water Connec5on Fee X 11. Senbrycon tin Fn X 12. Sroitn ConmcBan Fee % 13. Gea Seri:e Cberga X 1e. Pown sedE. cm~ee x Is. slam senlpe creeps x 1 B. coal«watd sennpe cl.~pa x n. sPee:l Tap Fees x te. cadrea:n Linen % x 1B. Rapllin x 20. Zon:p Fenl Conulbda X 21. Vas Fan X 22. Comtrwtion Equipment Lkeneee X 23. CoreWgon EquymeM Pertnb % Haselden ConsWCUDn, LLC 5 of 7 Feb. 18, 2010 NOT LONSLRULTION GENEWLL OIRECi NE OWNER( INSUR/WCEBBONDS I REpuIREO IPRECOUSTRUCnoN FEET FEE I couolnoNS I cosTS I SERVICES IowNER REPI see matriz 1, euiNere Rek lrtwrenca X 2. Gmerel LibiXypr Pmlem SpecEC Ireuranca X 3. PNOmaGle X a. PmtluC LUNIXy % 5. EI¢m l'ebYdy COrerega % 0. WoAman'a COmpmuation % ]. Fqq Inwrence X e. Fedxal Unemlapymem % B. s.m wempipymem x 10. Paymam eam LM~GC x 11. Pedomlenw eom- CBVG X tz. so-em/ PropeXY soma x 13. SWN / Loul Bama X u. sabwmamam mms x 1s. wammm epm cps x 1n. emaera Rik Ireureeee DmNpddea x 1]. oXaie smreBe Ireureye / eem:IB x 1n. Equpmam Ircmeroes x 1B. Twa Year MaMeranca eam IX requvatl) X 20.OLIP-OmMeti n/Tatty X 2t.OCW-Beac/dmn~ation/Enmllmaa X 22 OLIP-CM/GC gdminuXabJn % 23.OCIP-gmtiy X NOT CONS]RVCTION GENERAL OIRELT NE OWNER( OTHER COSTS I REpVIREp IPREGONSTRVLTION FEET FEE I LONOITIONS I L03T5 I SERVCES (OWNER REPI .1iq,2FJ6 1. Project Salsa Term X 2. Vas Tam X 3. LO VmcBOp Equpmenl X a. Loammmbn senam x 5. LOa5lmMgn Meierals X 0. Con&iuclnn labor % ]. Ca4of Design 8 Eyineeny x B. NE Cam br Bid Peckym X B. ASE Fam TrecX COm EWeB % 10. Prelinirery5ois lmeati3alpn X 11. TAIe (Developmem Lam) % 12. Lam Coab % 13. Firenciy Imwe9 Ca9 X 1<.Imerim Fiancbg Cons X 15. Buidiy Opezlgn AXar Mousln X te. Buidiy Meiaprerce gXer Movo-ln x 1]. Matiy Caomlretlan (Deuebp Trana[on Manual) X 1n. MoNy Loeb X 18. COrteclM1e WO~k Ea]ra X 20. Logs of Emergency WoA X 2t. CM Gmerel Ouedleed Coat % z2. CM Prof) Margn X 23. GMP Firencal RayonsibYkm % za. La1e Paymam Imermt x 25. EmAmnmemel Impact Simiea X 20. Stele Required lmspp:Xplls X 2]. Deign CondyancY % 20. Bildirg ConDyency X zB. consm mn cannyancy % OFFSITE SERVICES NOT REOUIREO PREGONSTRUCTION FEE LONSTRVGTION FEE GENEWLL CONDITIONS OIREGi LO5T5 NE SERVICES OWNER/ OW NER REP 1. Corp~nle Erecudro $ekrroaB eonum (ee requie!) X 2. Pmcµal In Clarye (es requkm) X 3. Prolem ErecNXe (as regVred) X d. OX-SXe Pmjem Marugx X 5. OR-SaegcmurR g (aa requiretl) X 8. Lym-Bevc SelMCa(u ryubm) X ]. ScM1MUIiy (as raryiretl) X e. LReCyple (ea required) x B. PUmnw:~g (aa regNtrm) x x see matrix Haseltlen (.OnS(M1lcllOn, LLC 6 0(7 Feb. 18, 2010 10. Value Ergircehg (as repuFM) % X 11. EatlmeNq (ea mquFm) X 12. LO9 f~glreem(eareeukm) X X 13. Pmjxl LcoNFebr (ea repuFM) X 16. Pmj«I E~peCier(ee~qukm) X te. om..N cback« laa mou:m) x 11. Salary Olfice lea reeukm) X 10. EEO OMU (ee rpureE) % 10.5«rela~il (ea requ'sm) X 30. CIeM1-TyyW (u repuim) % 21. Benefi6 X % 33. Veceluro br Abow X X 23.5onuemhr PLOW IEem) X X N.Lepel (SPecil Sarvbuj X 25. Home O?m Rem 8 UtiGes X 3B. Home ORte EOUIPman1 X 2). SimeN Home Ofice COmpule~vPnnlen X 20. Camlm«RequFamerAa Unquebtlw Pmjen X 30. LOmpular SuM.'a,e UnFlUe W qe Pmlevt X x. ouPllaemq cow X 31. Powge X 32. Fa~ma X 33.OFCe TelalXrone Syeeme X M. NetlelrtbNle PMnrRt«Iba X u. ~oee oiiMecl.q« X 38. Coryomle EimaNw VMils X 3T. Prtye9 Ei«:u1M VMCIe d Fuel lea repuFm) X 30. ORvele Pmj«3 Mensaer VeM1kle d Fuel X GENERAL CONDITIONS TOTALS FEES 53,009,276 Haselden Corelmctlan. LLC 7 0~ 7 Feb. 18, 2010 BURLINGAME RANCH PHASE II CONTRACTOR AT RISK GENERAL CONDITION MATRIX February 17, 2010 PROJECT MANAGEMENT ~ ~ HASELDEN ~ caxsraacrxw MODULAR GENERAL CONDITIONS •' SEE ATTACHED GC ESTIMATE FOR COMPARISON" see matrix NOT CON3TRUGTION GENEML OIRECL ME OWNER/ REGUIRED IPREGONSTRUCTIONFEEI FEE I CONDITIONS COSis SERVICES OWNER REP 1. Am1YSWrel coliewmm seleYOn x z. snumuslcavulmm sYeme x 3. MecNanbl coliwlbm seleYnn x x x a. Elemtuleaieenem seleamn x x x s. sp«LI canemm sale me x S. RegMaretl Buvepr % ]. conmmucuon sumepr seleamn x 8. Bis selecMn RemmmeweMro X % B. RerMw OeYpn COnttms X X % 1D.Deplpp Bltl vaY~es%M/swaaawaseenar x x x 11.3Ye Use RecommeMmum X X X 1Z. MelaiilSYecUan ftawmmeMeuoru % X % 13. BWMYq Spbme RewmmeMelbro x X X 16. BUltlxg Fqu'xmem Rewmmewahma(MOxudel % X 15.BWdxg Equymem RecommeMetlma(FMJ) x X X 1e.CO~WUCIbn Faaebixy RewmmerMYOro % % 1].InxelPre-COnBCO~laeuwpn BcNwule % X 10. Conen~xmn BcNwul'vg Uptlebe X 1B. Plmm PecMaBe RecommerltlaBOro X X X 30.IMamul Velln Engireamgl TeryY BUtlgeM % X X Zl. FOprel Value E~g'viwmB-Te~BY BWBeb % X X 34.PMYnirery Tmal COelFmvbYxy Revaw - X x X 33. PreIMxary CesN Fbw Analyeii/RevM' % % X 2<. LeborAwleblly ReNew (SUbwrltreclom) % 2b. Meb~bl AVeieb4xy ReYew % z3. EqupmeMApilaNliry Re~cx X NOT CONSTRUCLION GENEWLL OIREQ ME OWNER/ CONTRACT DOCUMENT COORDINATION I aeoulftso IPRECOesraucTloN FEET FEE I coNOmoes I cosTS I sERV¢ES IowusR REPI see mabix 1. Tavel Pmj.c1 cob swab x x 2. CoNrvclbn COY Bwgel % X X 3. COroWC4On COY Re~ge EYYneka X X X a. be.l owaerawBY x s. conegwlbmD PMae cpY Moral x X X B. Cmari Dsgn PNaee EYNnb X % % ]. Deegn PlweGW ESAmeb X % X e. Ba P.px.Be/sexomreY EYlmae. x x B. CeaM1 Fbw ROjec9n X X x m. MebNRl semen x x i t. Tratle CamnYOr EYinYea X X 1Z. Clw~ge Omer Eatinmea % 13. SaPUp CaYMCOUn1Yp X id. SY-Up RepOMg MYMtla X 15. bet-Up Pep~ml Procetlun X 16. SY-UpCM~ge Omm Precwura X X x 1]. CoOtinuM ProleOt LaY AbnMM1q X % SUBCONTRACTOR SELECTION 8 PURCHASING NOT REODUxeD PRECOUSTRUCnoN FEE cONSTRVCTION FEE GENER0. couonlolrs DIRECT cows Arc ssavlcss OWNER/ DwNER REP 1. Sa PrequelauM1On Crtaie X 3. RemmmeM COntreWrBelactlon Metlatla X 3. Rewmmew LOmncror Awem MYMEa % <. Dewbp LanlreYOr lmereY X 5. Prepare BWkg SCbetlulea X e. Cawucr Pre-Btl Cankrence 8lssue Plan X X ]. Ratans BMa X yre B. Remmmew Awem % 10. VeNfy UnY Cobb X see mabix Haseltlen Construction, LLC 1 of 7 Feo. 18, 2010 11.NryoM1eb Menpowx Cc9s Requiretl X t2. Corduq ProNweN Canfinenu X 13. Prepare LO~Nacb X X iC. Suppliarerd SubcoMeciw ReWax X 15. Prepare Clurge Ortlem X X 18.V¢~ify COrtecYamaf OUenfitlml PrcmolallC Oe X % 9.CUNiMa Owner SUpdietl FOUtl EqupmeM X(3) X(Q X(2) %(1) 1a.OdwNYip X 1B. Plan SM1VPkq % NOT CONBiflUCTION OIRECi NE OW NERI CONTRACT DOCUMENT COORDINATION I REQUIRED IPaecoNS•RUCnoN EEEI EEE I ~o le I cosrs I sERVices IowNER REp) see mabix t. FeuibiM Revkwv eM Reummerdahms X 2. CO~uvtEilMReuiew eM R~mmeMeture X X 3. SUlronbacbr WOA Swd J X 0. ReepaiWLV'IMbr. Salary P~xnNUre X 5. Reapo~aidlMbr: Sefery Pmgrema X B. RespomibilMbr Common Temporery FecAilee X ]. ReapanvbllMbr Specific TamDOnry FwJitip X e. ReapoasBilMbr: Common Um Equpmenl X B. RmponebilMbr. Lommon Urn Servicm X 10. Rama br: JUrvdkEOrelOwNaD X X 11. Remv br lrelreon atoll WO~k X X 12. Review br: Plumtl CO~muvPOn COOrtlireBOn X X 13. Ramw br: HerlWy LOrq Lmtl Bems X X u.oMab nBmcrAPwawla X X 15. Ma V n ObleiMg Bultlirg Permits X X X NOT cONSiRUCiION GENERPL DIRECT WE OWNERI ONSITE STAFF I REQUIRED IPRworvsTRUCnoN EEE) EEE I corvmnorvs I cos3s I SERVICES IowNER REPI §t,7g7,033 t. Pmlect EmcuEVe (tme asrocabtl wiN projen) % 2. Pmjecl Wregar % 3. Proleq SupennleMeM % a. sapenmemem(a) x s. rmwum sppemmemenpaj x 8. Slick Freme! Panelvalbn Foreman X ]. Mmlan'rnl CwNirebr(MneaaxcYlM wiH pmject) % 8. Elechkal Caortl'raror (tine esmcatetl wiN project) % B. PrajecV Olfie Eyi~eer-Home Office (ime asmc. wiN projM) % m. ProIeNOF EilBinmron SXe % 11. Erginmmg aN Leplrt(es reauiretl) % t2. Faltl EigireeNa) X 13. 02wNg LM1ecker (as requ'rMj X 1C. Time Ketyetl CM1ecker(as ralubetl) % 15. BCM1etlUing E~gireer (as requ'rMj % 16. Eyailer(esrryuira]) X t]. Foremen X 1B. Catl Eryirrear (as requ'm]j % 10. Lle~k-Typ& % 20. Ratlman d Helpen(as requiretl) % 21. Safety E~gireer (es requiretl) % 22. EE.O.Olficc(as rp{uieij X 23. Norval aereFAa % 3I. BOnusea for Abore(Re~ry) X 25. Flagman) TnRp CaMml (as requtretl) X 2B. Oel'nery/YaNman %(1) %(2) 2]. Rmiullmem Fem % 2B. Rcnumiy CIeM1 % 28. VrNel Omgnl MWeli~g- Raromspuclun PFUSa X 30. Yuluel Oesgnl FMeliy- Lo1KiNCibR Plwee % TRAVEL&LODGING NOT RELUIREO PRECOrvsrRUCnoN EEE cONSiRUCiION EEE GENERPL carvomorvs BIREGi cos*s NE sERVlces OWNERI owNER REa 1 SUfl Trewl COalQnVab only) X 2 SraRTnnsporteMn % 3. Project SbM Movie Egrwlm % <. Project SbN SUbs&ence Cwb % 5. Pmjeci Sbfl Hauaig Egrenu X 8. Tretlm Trorepsrlalun X $~7ti00~ Haselden Construction, LLC 2 0(7 Feb. 18, 2010 ]. TMrkbvbg E>meme _ X 8. Tretlr BUbsOemw CONe X B. Tmtlr $reRMOWg Eipe~w % TEMPORARY FACILITEIES DURING CONSTRUCTION NoT coasmucnoN cfnEwa olaeeT NE owNERI FOR STAFF I REGUIRED IPRECONSTRVCTION FEET FEE I CONDITIONS I COSH I SERVICES OWNER REPI $3BS~6B2 1. seley EBaiPmem X 2. SeMyNNa(r roBUketll X 3. F'xat Pitl SUpplir % 4. NnWleMe comps r«IUeeE) X 5. HeMrogaB Tr BwNS X e. op.p:IB PmiRtian x ]. Fke ENkpu'cMro x 0. Walcbmen SeMCe % B. CMIGC ORroorTroder RerAal X 10. FWE OIPCe FumWro X 11. CompubmNrFlere N FWtl ORbe X 12. Lompuler Saflwaro b Feb ORIr X 13. FRX b Feb Ofiw X 10. Copbr n FbN OMr X 15. FINE OIACe SUpplir X 10.Rmbkwi/Ergbeer Temporory Oaks % 1]. MBlbcl/Erpkber TNepMre2DUI5aMCe X ie. nmbmN/Erpkww bone DM1ber ererBr X 1B. Sbroge Dr Tmier Ramel X 30.Ofl.5ib Smmge X 21. Tempprory TpiNe % X 22. WabrboylCUpa X X 23. Temporary Sleh % 2<. Tempomry ErolDartr For BuNkg finebpe x 25. WaeNer Pm~evmnforaub Work X 28. COCeretl Walkways lea ropuietl) X 2]. BenraEm(ea rryuketl) X 2B. Co~bbxWn FeMYq % 2B. Pmlect Sgm X 3n. Bulleb~ BvNa X 31. Empbyr PeAkq Elmalsa X 32. PIC OMCe Ereerer X NOT LONSTRULnON GENEftK OIRECi NE OWNEftI ONSITE UTILITIES 8 SERVICES I REGUIRED I vascorvsTRUCnoN EEE I FEE I coaolnoas cosTS SERVICES owNEft RER 1. Temporory TNeplwrelrelallNbn X 2. TNeplnne Egrere X 3. JobNb E-kYA X <. Temporary Paxer SeMCe X 5. Power Egwree % 0. Temparory Weler Seruv X ]. Temporary Hrbg Serxoe(mmmon errs) % 0. Hrbie Ena~gyCMgr(mmmon areas) X e. Temp HuBlg SerNCe ~wne, mamnry, ma'rnMr7 X t0. Hrbg Eregy Clbgr(cOncrNe, mernry, atl enesbea) X 11. Temporory Wlme X 12. L'gM Bulbe X 13. Dery clrnup X 14. Weekly TnM Ranwrl X 15. FkblCbanBp % 10. Dump Poimb e~tl Far % t]. Debrb HeNkp/Remowl % 10. Fuelafor lnsel Tank Filkg % te. Temporary Rrtla X 20. ROetlvnY kbiaerence X 21. DuV Co~mcle tlumB EvsgBOp X 22.Drt Control efler ExcewLOn X 23. Temporary Emebn Conlml INlbl SNOp X 24. Temporary Emmn DDrd uaimerence % 25. Tempomry Wabr E~penrn % 2B. Tampomry Sewn E~perae % 2]. TwWay Retlb EaupmeM / NeYel aeMCe X 26. TnM CM1Ub BHOpperspsreQUireE) X 2B. Wetx Egrw~rbr SBe GnEkq eM Comrsron X 5212,259 HaselGen CoreWCiion, LLC 3 of 7 Feb. 18, 2010 30. P~agwvs~v<a-x cna~gm X 31. Tempmary Wmtlw En<lowm X 32. Tempoary Utllry GOn ~BOre X 33. NeNrel Gm Servse X 34. NaNrel Gas Usage X 35. Tempamry LgM1La X 38. Peg ComrUl X NOT CONSTRUCTION GENERi1 UIRECT NE OWNER/ ONSITE EQUIPMENT I REGUIRED IPRECONBTRUCTION FEET EEE I CONpInON3 I C03TS I sERVicES IOwNER REV $257,701 1. Nub d Fud br Pmjecl Ems (Fine eamc. wIN project) X 2. Mao 8 FUN br Projetl Mereger X 3. PkkuD T^rok8FUa1 for 5UparMeMeMa X 4. OnSne FlatMd Trvck 6 Fuel (es requketlj X 5. WarorTmck las requnetl) X B. Nr COmpremore Fuel (es requkatl) X ]. Daxebnlp Equipment 6 fuel (as requketlj % B. Genembre FUel (ea required) X 9. Skb Steer loMer X f0. UnloMiq Equipment X 11. Gmaml Ho'atig Equipment X 12. SUbcontmcbr HCeay X 13. Oebm RemovebHaulkg Equgniem (m requiretl) X 14. Srww Remoael (es rcquiMj X 15. Tkm 8 kbMerence Cost (as requketl) X 1 B. SmaII TOOIS X t ]. Erprdablm X X te. La]aers X tB. FanaINCMUbron X 20. eosin for Emplo)ae Trerepo~bmn X zf. Deperyvenblm X zz. Perepnrel Home X NOT CONSTRUCTION GENERFL nIRELi NE OWNER/ TEMPORARY HEATING REDUIRED IvRECOrvsTRUCTIGN FEET FEE I cGNOITIGNS I costs I sERVILE3 lOwNER RErI see matrix 1. Temporary EMOwrm For auiNYg Emelapa X 2. WeatM1er ROtedun br SUb WOdc X 3. Hmbr Rental X 4. Temrynry Hmlip Sense (n ma) X 5. Hmbg EremylFUel CM1erymlaom teas) ^ X B. Temp Healkq 5emce(w mnry eat MiSM1mj X ]. Hmliy Energy CM1erpm (nn nnry, etl lFiabm) X 0. Heatig Fuel CM1arpas(cone, memory, ep fneM1m) X B. Aging COSIMBuikkp las reauiretl) X 10. Ope~ebr- Temporary System (as requketl) X 11.Opentar- pemlemnt Sysem (as mTUVM) X t2.Openton Fre WabM1 lm requiretl) X 13. Gleanifg CaY (as requiatl) X t4. McMere ce cam (m regwedj X ts. waremycav(as required) X 10. Finer CM1erge(as required) X t]. Tempoary Office NmSy X NOT CONSTRUC-ON GENERRL DIRECT NE OWNERI REPRODUCTION $ PRINTING REDUIRED RRSCOrvsTRUCnoN FEE FEE I coeolnoNS I costs I sERVlces IGwNEa REFI $q,000 f. cav sway lxcumenta X z. symema swayoocum.gm X 3. Bid Package Dawmenta X 4. BHdifg lRSbucmm X 5. CortVmgon Wwmenta OrgirelsaM Pmlkq br Conatruclpn X B. CALGC PoategeB F~gam CAW % ]. pa-BUin Wcumems (RVl liras) X 0. AsBUiX Oacummb (PmlFq X B. Aa-BUin DocumeMa-CFO- MEP X te.FSeuin oocumafm-cFO-onrer X 11. FcwuMig Farms X 12. FieN Repodep Farina X Haseltlen Cgrahuctron, LLC 4 of 7 Feb. 18, 2010 13. subwmreaaereemem FO~ma x Ia. Scnedub Repwl FOmn % 15. Emimebq Forma % 10. Caa Repo~hiB Fomn % t]. Valor Arelyab Sndim Pme~g % 18. Oen Pnceaeeq (InNOwe) % 1B.0.ebrelke Metmbla % 3B. Dwllumn Egrmee(MYC.) % zt. sroP Qre.:q PrFbe % 23. M.Mennw I.Ynwb(4^m sUm) X 23.OpenNan Menwla(5em Subs) % 21. Specel FOm~e x 25. CPD CaPNkulkm Drewkge % NOT LONSTRVCTION LENERK OIRELT NE OW NERI QUALITY CONTROL REQUIRED IPRECONSTRULTION FEET FEE I CONDITIONS I C03T9 I SERVICER (OWNER REP( S"jrj~l EjO 1. Flak TeaUlq lnaPeaarln requkeal X 2. Inrywa4n Olme~n lpuietl) X 3. I~upecUn TrerepPReaon (n requMa) % a. Inpxbn ERUipmam(ea rpuked) % 5. Spnbl lnywcaon COlwlMama % B. 3pmbl Teema comulmma % T. coaarere sumwasae~caemw % a. conaare Teabq X B. MwnryTemy x to. wmpeabR Temg X It. w.IaIRB TaYkq X Iz. Piar lrlAecmntTamnB x t3.5oia Y~wlgamw % u. spnkl Tampa sema~ % u.vmjey PlwroanpM % le. waRamy klyacOP~n cwm:umn % n.asw.br aa.owla x 19. awmar owm rren:la x iB. Prepare Ope~aeon Mennla X 20. Prepare McMenlwe Menwls X 21. Prepare PrownS.e Meinerence Memel % 22. Wemnry Reee~na % X 23. Ouvlly Lonhd Meruyer X 2e. MmnanbkElactrkal Cowainbr % 25. Quite Snetl % NOT CONSTRUCTION GENEPAL OIRELi NE OW NERI PERMITS AND SPECIAL FEES I REQUIRED IPRELONSTRVCTION FEET FEE I CONVIIIONS I COSTS I SERVCES (OWNER REP( see malnz I. Pamllq La Remeb % 2. PaMkg Fees X 3. CuN6GU0m Pom,M % J. 39n Pe~mb X 5. Skewelk Permit % B. Lantlaww Pemlb % ]. so-eaicam QmMn cnege % e. eubkq PelmEa % 9. %en GM1mk Fen % IO. WNx Cannecbn Fee % 11. Satiety LOnneclbn Fn % t2. Sbrm Can ~b+nFn % 13. Gae Semce CMga % te. Poxm Service Ciuga % t5. Stem 3eMro Cnege X le. cnalmw.l.r saPnae cl~ege % P. Spnbl TaP Fan X 10.CwNeaan Liawee X X 1a. RoyaNm % 20. Znnkq Feeal Conuaema % 21. Dee Fen % 22. CoMlucmn Eauipmam Liman X 23. CoMUCEOn E9uipmml Fermin % INSURANCE & BONDS NOT CONSTRUCTION GENERR OIRELT ME OWNER( REQUIRED IPRELONSTRVLTION FEET FEE I LONOITIONS I LOSi3 I SERVICES (OWNER REP( see maaiX Haseloen (.OfSfNClIOn, LLC 5 of 7 Feb. 18, 2010 t. BuJdm R W Ire~rorea X 2. General LMbllirysr Projacl SpeaF Ircularue X 3. Fubmobie X 4. PmEUCI Lebifly X s. Eur_ss Uebdy CO~eB. X a. wpnmwacpmpereclon X ). FX:R Inwrorce X e. FmmlUnempbymeM X 9. 51ata Unampbymmt x tB. Payment earn-coact X 1 t. vwromlence aom- cM1c % 12. Btreedl PropeMBOma x 13. SINe/LOUT BOma % 1q. sabaawaamrs Boma X ts. wammea eom coca % te. eaipe/a Riak pwrance Dmaadaea X 1). ode storage Ireuranpe / Bom'r~g x 18. Equpment Iramareea X 1B. Two YUr McMerence eom (tt mqukeal X zg. ocly. ommalon / Taetip X 21.OCIP-Best Mmin'eBaROnl Enrollmem X 22.OCW-CA4GL Mmin'latra4an X 23.OCIP-NWBrg X NOT cONSTRVLTION GENERPL VIRECT NE OWNER/ OTHER COSTS REQUIRED PRECONSTRULTION FEET FEE I LONLITIONS I COSTS I sERVICES (OWNER REV( Sd,2SO I. Project $alw Taus % 2. UU TaAss x 3. ConahlxSion Equpmm X a. ca~acmn salMa.. % s. ConarocOne Mehmla % e. Consbugion Labor X ). Cog of Oesgn 8 Ergneerllg % 8. NE Coat for Bitl Fackega % B. NE Faa Track Lora Ernes X 1B. Prel'mirery Soda lnvplgalbn X 11. Ttlla (Darelopmenl CoY) % 12.1am Coat x 13. F'rerc'rg Interml Cotl X 14. Mlenm Firencirg Ccea x I5. Bui]'ry Opaelun Rfler Mavaln 18. BuiMtp Meimrenca NMr MOw-In X tT. Abvig CooNaWOn (Dewbp Tmnal6n ManwN % tB. AMrrB Com % 1B. COrtevine WOM1 EAIa X 20. Coabof Emeryancy Wark X 21. CM Gwmal OwrM1Utl Cast X 22 CM PmFtl Marym X 2J. GMP Ftuleal RmponadlBiea X z4. Late Payment Iw:rea % zR EeNmnmenbl Imwcl sIW lea X za. dare Regpted MapeaM~m X z). DUgn Conli~gemry X z3. Bitldirg Co~di~gency X 2B. COnabuctun COnligemw % OFFSITE SERVICES NOT REQUIRED PRELOrv3iRULiIOn FEE LONSiRVCTION EEE GENERPL COnOIiIONS bIRECi cosi5 NE 9ERVlcES OWNER/ OWNER REv 1. Corporate EucNM1e Sekrka 8 Bonimee (aa requvm) X 2. Pmcipal lnCMtga las rquiM) X 3. Protect EaecNrve laa requdm) X 4. OR-Bile Pmlact Manager X 5. OR-Silo gccounlYp (as requie]~ X Ii. Legal-Beat Seraice lea requtm~ X ). ScbeEUlvg (es required) X 8. LAaCyde~ear~uired) X e. PurcFUa~g (as requiretl) ~ X X 10. Value Elgineemglas reputed) % X t t. F~meSrg (es requrm) % see matrix Haseltlen Conswction, LLC 6 of 7 Feb. 18, 2010 12.Cmt Erpbeerelw rwunetl) % X 13. PmIex COONNebrlas repuietl) X fa. Pmlea Ereetltrxlea reB,reaj % u. Drerolp Dwix(es reeatrea) X 1B. D~awnp LMCkx (w reputratlj X I]. sareyonKa lw rw,reaj X 18. EEOOIpse(ea ~xlutred) x 1B.Sxrel,hl(w requietll X 20. Clxk-Typet lee requireE) X 21 Ber~afb % % 22. VacetbroMM,w X % z3. exlwwrornm..(x,m) x x 2,. Lepel (aPxl,l Sx~icwl % 35. Home OFm Rml d Utltlea x 28. Home ORice EBUpmxn X n. sl.m.b were ome. compuemmnnere x 2B. C,mpulx Repiwxna~ne Urceue b th Project x 10. Comxdx Sodware Unqua bMe Pmlex % 30. Dulprawq Cash % 31. Pa&epe % 32. FOIm9 % 33.0?ce TNelBwro dptems % N. NeHNR.bbie FM1OixaAedba x 35. Lolp Dbllw Lrogw % 3B. CoRnrete ErecWe VeMCIw x 3i.Pmjen Ereculne VeM1icleBFuel (,e rxlulM) x Y. OM1Stre Rojeq M1biaBer Vehde 8 Fuel X GENERAL CONDITIONS TOTALS FEES f2,608,075 Haseltlen ConBWCHOn, LLC 7 of 7 Feb. 18, 2010