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HomeMy WebLinkAboutresolution.council.023-10RESOLUTION # Z3 (Series of 2010) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND ENGINEERING ECONOMICS INC SETTING FORTH THE TERMS AND CONDITIONS REGARDING BURLINGAME PHASE II IPD CONTRACT FOR COMMISSIONING AGENT 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 Engineering Economics Inc, 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 Engineering Economics Inc regarding Burlingame Phase II IPD Contract for Commissioning Agent 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: ..k:~cA~t'/ ~ _ ~ZU ~/~ Michael C. Ireland, ayor f 3 -~c s - ~a 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. ~,~ Kathr S. Koch, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES COMMISSIONING AGENT This AGREEMENT is made as of the 22nd day of Maroh in the yeaz of 2010 BETWEEN the City: CITY OF ASPEN, a municipal corporation 130 South Galena Street Aspen, Colorado 81611 and the Professional: Engineering Economics Inc., a Colorado corporation 780 Simms Street, Suite 210 Golden, CO 80401 (303)239-8700 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 similaz 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: Commissioning Agent dated December 23, 2009 and in Exhibit "B" -Engineering Economics Burlingame Phase II Proposal Building Commissioning Services dated January 14, 2010 both attached hereto and incorporated herein by reference. For and in consideration of the mutual covenants contained herein, the City and the Professional agree as follows: 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth for the Commissioning Agent in the AIA A295-2008 General Conditions for Integrated Project Delivery for the Burlingame Ranch Project, Exhibit "C" attached hereto and by this reference incorporated herein. The Professional shall perform its services consistent with the professional skill and care ordinarily provided by professionals practicing in the same or similar locality under the same or similar circumstances. The Professional shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. 2. Comnletion. Professional shall commence work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and caze and the orderly progress of the Work in a timely rnauner. The parties anticipate that all work pursuant to this agreement shall be completed no Iater than November 1, 2010, for Preconstmction Phase Services, and no later than December 31, 2012, for Construction Phase services. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the perfonnaztce of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. PS1-971.doc Page 1 3. Payment. In consideration of the work performed, City shall pay Professional on a lump sum basis with reimbursable expenses for all work performed not to exceed the amounts set forth below. Separate not-to-exceed contract limits shall be set forth for preconstmction phase services and construction phase services. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit "B". Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amounts below without further approval of the City. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they aze considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. The Professional shall then submit a revised invoice, if necessary. Preconstruction Phase: - Conceptualization Phase Fees: $8,310.00 - Criteria Design Phase Fees: $8,310.00 - Detailed Design Phase Fees: $8,010.00 - Estimated Reimbursables: $1,200.00 Contract Amount Not to Exceed: $25,830.00 Implementation Phase: Requires future addenda and future City Council approval. - Implementation Documents Phase Fees: $24,840.00 - Estimated Reimbursables: $400.00 Implementation Docs Addendum (Future): $25,240.00 Construction Phase: Requires future addenda and future City Council approval. - Construction Phase Fees: $112,395.00 - Estimated Reimbursables: $16,500.00 Construction Phase Addendum (Future): $128,895.00 4. 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 City of Aspen's State of Colorado tax identification number is 98-04557. The City of Aspen's Federal Tax Identification Number is 84-6000563. 5. Non-Assignability. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the. responsibilities or obligations under this agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors, officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 6. Ownershiy of Documents. The Professional hereby assigns to the Owner, without reservation, all copyrights to all project-related documents, reports, studies, models, photographs, and other documents created by the Professional or the Professional's Subconsultants. Among those documents aze certain "Instruments of Service," including the reports, studies, models, and other documents, drawings and specifications that are included in the GMP Documents. The Owner's obligation to pay the Professional is expressly conditioned upon the Professional's obtaining a valid written comprehensive assignment of copyrights from his Subconsultants in terms identical to those that obligate the Professional to the Owner as expressed in this subpazagraph, which copyrights the Professional, in turn, hereby assigns to the Owner. The Owner, in return, hereby grants the Professional a PS1-971.doc Page 2 nonexclusive license to reproduce the documents for purposes relating directly to the Professional's performance of this Project, for the Professional's azchival records, and for the Professional's reproduction of drawings and photogaphs in the Professional's marketing materials. No other project- related documents may be reproduced for any other purpose without the express written permission of the Owner. No other copyrights aze included in this gant of nonexclusive license to the Professional. This nonexclusive license shall terminate automatically and immediately upon the occurrence of either a breach of this Agreement by the Professional or termination. This nonexclusive license is granted to the Professional alone and shall not be assigned by the Professional to any other person or entity. Other provisions of this Agreement notwithstanding, this nonexclusive license shall terminate automatically upon an Professional's assignment of this nonexclusive license to another or his attempt to do so. However, nothing in this paragaph shall be construed to preclude the Professional from, in tum, assigning to his Consultants a nonexclusive license coextensive with the Professional's applying to the documents originally created by that Consultant. 6.1 If the Owner subsequently reproduces project-related documents or creates a derivative work based upon project-related documents created by the Professional, where permitted or required by law, the Owner shall remove or completely obliterate the original professional seals, logos, and other indications on the documents of the identity of the Professional and his Consultants. However if required by law, such identification with appropriate qualifying language or other statutorily prescribed information identifying the original Professional may remain or be applied by the Owner or by a designee of the Owner. 6.2 Prior to the Professional providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Professional any electronic data for incorporation into the Instmments of Service, the Owner and the Professional shall by separate written ageement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Ageement. 7. Temanation. The Professional or the City may terminate this Ageement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the [emanation. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photogaphs, reports or other material prepared by the Professional pursuant to this Ageement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Ageement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional maybe detemaned. 8. Covenant Against Contineent Fees. The Professional warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that s/he has not paid or ageed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. 9. Indeoendent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this ageement shall result in, or be constmed as establishing an employment relationship. Professional shall be, and shall perform as, an Independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work aze under the sole control of Professional. None of the benefits provided by City to PS1-971.doc Page 3 its employees including, but not limited to, workers' compensation inswance and unemployment inswance, aze available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors dwing the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 10. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-inswance pool (the "City Indemnitees"), from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or property damage, or any other loss of any kind whatsoever, including all attorneys' fees and costs, which arise out of or aze in any manner connected with this contract, but only to the extent that such injury, loss, or damage is caused in whole or in part by the acts, omissions, errors, professional errors, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any Worker's Compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional shall reimburse the City for the defense costs, including attorneys' fees, incwred by the City in connection with any such liability, claims, or demands if it is determined that such injury, loss, or damage was caused in whole or in part by the acts, omissions, or other fault of the Professional, its officers, or its employees. In such event, the Professional shall reimburse the City for that portion of any judgment, damages or loss, including attorneys' fees and costs, attributable to such acts, omissions, or other fault of the Professional, its officers, or employees. 11. Professional's Inswance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of inswance sufficient to inswe against all liability, claims, demands, and other obligations assumed by the Professional pwsuant to Section 8 above. Such insurance shall be in addition to any other inswance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pwsuant to Section 8 above by reason of its failure to procwe or maintain inswance, or by reason of its failwe to procwe or maintain inswance in sufficient amounts, dwation, or types. (b) Professional shall procwe and maintain, and shall cause any subcontractor of the Professional to procwe and maintain, the minimum inswance coverages listed below. Such coverages shall be procwed and maintained with forms and inswance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pwsuant to Section 10 above. In the case of any claims- made policy, the necessary retroactive dates and extended reporting periods shall be procwed to maintain such continuous coverage. (i) Workers' Compensation inswance to cover obligations imposed by applicable Colorado laws for any employee engaged in the performance of work under this contract, and Employers' Liability inswance with minimum limits of FNE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FNE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -policy limit, and FNE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -each employee. The policy shall contain a waiver of subrogation in favor of the City. Evidence of qualified PS1-971.doc Page 4 self-insured status may be substituted for the Workers' Compensation requirements of this pazagraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contmctual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision and a waiver of subrogation in favor of the City. (iii) 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 Professional's owned, hired and non- owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision and a waiver of subrogation in favor of the City. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000) aggregate. (c) The policy or policies required above, except Professional Liability, shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The Certificate of Insurance shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City 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 City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. PS1-971.doc Page 5 (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 12. The parties hereto understand and agree that City 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 occurrence) 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 City, its officers, or its employees. 13. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIltSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 14. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 15. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below, sent via overnight delivery service with documented receipt, or mailed by certified mail return receipt requested, to: City: City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 Professional: Jarrell Wenger Engineering Economics Inc. 780 Simms Street, Suite 210 Golden, CO 80401 16. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 17. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbeazance or indulgence. 18. Execution of Agreement by City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein: PS1-971.doc Page 6 (a) Contract amounts less than $25,000.00: Agreements for total compensation amounts less than $25,000.00 shall not be binding on the City unless duly executed by the City Manager of the City of Aspen, or a duly authorized official in his absence. A Motion or Resolution of the Council of the City of Aspen is not required for Agreements with total compensation less than $25,000.00. (b) Contract amounts in excess of $25,000.00: Agreements for amounts in excess of $25,000.00 shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen, or a duly authorized official in his absence, following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor, or a duly authorized official in his absence, to execute the same. 19. I11eQa1 Aliens -CRS && 8-17.5-101 & 24-76.5-101. (a) 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 the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain 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. (b) Definitions. The following terms are defined in the new law and by this reference aze incorporated herein and in any contract for services entered into with the City of Aspen. "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 States Department of Homeland Security and the social security Administration, or its successor program. "Department program" means the employment verification program established pursuant to Section 8-17.5-102(5)(c). "Public Contract for Services" means this Agreement. "Services" means the furnishing 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. (c) By signing this document, Professional certifies and represents that at this time: (i) Professional shall confum the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services; and (ii) Professional has participated or attempted to participate in either the e-verify program or the department program in order to verify that new employees are not illegal aliens. PS]-971.doc Page 7 (d) Professional hereby confines that: (i) Professional shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to certify to the Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. (iii) Professional has confnmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the e-verify program or the department program. (iv) Professional 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. (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien, Professional shall: (1) Notify such subcontractor and the City of Aspen within three days that Professional has actual 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 Professional shall not temunate 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. (vi) Professional 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.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so temunated, Professional. shall be liable for actual and consequential damages to the City of Aspen arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. (viii) If Professional operates as a sole proprietor, Professional hereby sweazs or affirms under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law,(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. PS1-971.doc Page 8 20. General Tenns. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this agreement shall be held invalid, illegal or unenforceable i[ shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) Tlus agreement shall be governed by the laws of the State of Colorado as from time to time in effect. fN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. ATTESTED BY: CITY OF ASPEN, COLORADO Title: ~ (fit-1-/a-P~,~EL Date: 3(~~ 1 a WITNESSED BY: i~~ Jna[J~..1~ PROFESSIONAL By: Title: X47 o,~Or! Date: M+~c`t I2i L0/9 PS1-971.doc Page 9 EXHIBIT "A" to Professional Services Agreement Scope of Work Request for Proposals: Commissioning Agent dated December 23, 2009 PS1-971.doc Page 10 EXIIIBIT `B" to Professional Services Agreement Scope of Work Engineering Economics Burlingame Phase II Proposal Building Commissioning Services, dated January 14, 2010 PS1-971.doc Page 11 E~~IT "C" to Professional Services Agreement Scope of Work AIA A295-2008 General Conditions for Integrated Project Delivery for Burlingame Ranch -Phase 2 PS1-971.doc Page 12 =~== Document A2957Y - 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 Architecture 1805 29'" Street, Suite 2054 Boulder, CO 80301 Phone: (303)449-8900 Fax: (303)449-3886 Contact: Eduardo Illanes eillanes@ozarch.com ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the tezt of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document intlicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. THE CONTRACTOR: Haselden Construction 6950 South Potomac Street Centennial, CO 80112 (303)751-1478 Contact: Byron Haselden b~ronhaseldenna haselden.com 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. kn ovules (a'eus. rl b. 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(c~eeieneineers.com This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or motlification. Init. AIA Document A295^'-2009.Copyright®2008 byThe American Institute of Architects. All rights reserved.WARNING: This AIA'"Document is protected by U. S. Copyright Law and International Treaties. Unauthorized reproduction or distdbmion of this AIA® Document, or any portion of k, may result in severe civil antl criminal penaHies, and will be prosecuted to the maximum extent possible under the Iaw.This document was Droduced by AIA software at l 14:22:47 on 03/12/2010 under Order No.1000396152_i which expires on 04/22/2010, 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 A295TM -2008. Copyright02008 by The American lnsOtule of Architects. All rtghts reserved.WARNING: This AlA®DOCUmeM is protected by U.S. Copyright Law and International Treaties. Unauthorizetl reproduction or tlistdbution of this AIA® Document, or any portion of it, may result In 2 severe civil antl criminal penalties, and will be prosecuted to the maximum extent possilde untler the law. This document was produced by AIA software at ) 14:22:47 on 03/12/2010 under Order No.100039fi 152_1 which expires on 04/22/2010, and is not for resale. User Notes: (1781739831) INDEX (Numbers and Topics in Bold are 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 for 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 Allowances 9.8, 9.21.3.8 All-risk Insurance 11.3.1, 11.3.1.1 Applications for Payment 9.21.3.9, 9.23.2, 9.23J, 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 the Contract 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 ArchitecPs 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 ConDactor 1.3.9, ].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 9.20.1.1, 9.20.1.2 Award of Subcontracts and Otker Contracts for Portions of the 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, ] 1.3.9, 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 A295" - 2008. Copyright ®2008 by The Amedcan Insti[Ne of Architects. All rights reservetl. WARNING: This AIA~' Document is protected by Init. U.S. Copydghf Law and Intematlonal Treaties. Unauthorized reproduction or tlistribution of this AIA® Document, or any portion of it, may result in 3 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 03/12/2010 under Order No.1000396152_1 which expires on 04/22/2070, and is not for resale. User NOtes: (7781739831) 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 Capitalizafion 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, 17.3.9, 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 Relating 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 Completion, 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 9.10, 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 Con[mct Administration 9.7.2, 9.23.4, 9.23.5, 9.26 Contmct Award and Execution, Conditions Relating to 9.7.1, 9.10, 9.19.2, 9.20.1, 11.1.3, 11.3.6, 11.4.1 Contract Documents, The See Guaranteed Maximum Price Documents, The Contrnct 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 A296TM -2008. Copyright©2008 by The American Institute of Architects. All rights reserv®tl. WARNING: This AIA® Document is protectetl by U.S. Copyright Law and Intemationai Treaties. Unauthodzetl reprotlugion or tlistribution of this AIA Document, or any portion of it, may resua in 4 severe civil antl criminal penahies, and will be prosecutetl to the maximum extent possible under the law. This document was produced byAlA software at / 14:22:47 on 03/12/2010 under Order No.1000396152_1 which expires on 04/22/2010, and is not (or 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, 9.22.1.1, 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, 9.18.2, 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 Conhactor'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 Perforating 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 ffight to Terminate the 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 Constracfion Procedures 1.4.2, 4.2.6, 9.3, 9.4, 9.20.1.3, 9.20.2.4, 9.21.1.3, 9.21.3.5, 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.].4, 10.1.5 Correlafion and In[en[ 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.].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.], 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 [he 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 ].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 A295TM-2008.Copyright®2008 byThe American Institute of Architects. All dgtrts reserved.WARNING: This AlA®DOCUmaM is protectetl by U. S. Copyright law and International Treaties. Unaulhodzetl reprotluclion or distribution of this AIAe Document, or any portion of it, may resuk in rJ severe civil and criminal penaaies, antl will be prosecuted to the maximum extent possible antler the Iaw.This document was produced by AIA software at 1 14:22:47 on 03/72/2010 under Order No.1000396152_7 which expires on 04/22/2010, and is not for resale. User Notes: (1781739831) DETAILED DESIGN PHASE 7 Disputes 9.20.3, 9.21.3.9, ]3.1, 13.2 Documents and Samples at the Site 9.11 Drawings, Definition of 1.3.3 Dmwings and Specifications, Use and Ownership of 9.11 Effective Date 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 [he 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 Nonconforming Work) Final Completion and Final Payment 9.25.3, 9.26.1, 10.1.], 10.1.4, 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 11.3.1.1 General Consultation Responsibilities (of Contractor) 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 [he 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 13.1.3,13.2.1,13.2.2,13.2.3,13.2.4,13.2.5 Initial Information 1.2 Injury or Damage [o 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 [o 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 of 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, Il 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 Init. NA Document A295TM-T008.Copyright©2006 by The American Institute of Architects. Nl rtghts reserved.WARNING: This AlA®Documenl is protected by U.S. Copyright Law antl International Treaties. Unauthorized reproduction or tlisttlbution of this AIA Document, or any portion of it, may resua 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 1 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) 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 Award 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 Limitatons, 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, Ilazardous 9.24.2.4, 9.24.3 Materials, Labor, Equipment and 1.3.7, 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, 10.2.2 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, 9.27, 9.22.3.1, 9.23.7, 9.24.3.2, 9.26.1, 11.3.1 Mutual Responsibility 9.20.2 Nonconforming Work, 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, 12.4.1, 12.4.2, 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, ] 1.3.6, 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 AIA Document A285^' - 2008. Copyright ©2008 by7he American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by Init. U.S. Copyright Law antl International Treaties. Unauthorized reproduction or tlistribution of this AIA® Document, or any portion of it, may resuh in 7 severe civil antl criminal penahies, antl will be prosecuted to the maximum extent possible antler the Iaw.This document was produced by AIA software at / 14:22:47 on 03/72/2010 under Older No.1000396152_1 which expires on 04/22/2010, and is not for resale. User Nmes: (1701739831) 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 Ou[ 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 to 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, 9.233, 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.].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, 17.1.2, 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 [o 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 Data 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, 13.1.3 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.].2, 9.26.1, 9.26.2, 9.26.4.1, 12.1.1 Responsibility for Those Performing 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 AIA Document A285"'-2008. Copyright®2008 byThe American Institute of Architects. All fights reservetl. WARNING: This AIA® Document is protected by Inlt' U.S. Copyright Law antl lntemational Trestles. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penanies, and will be prosecutetl to the maximum extent pouible under the law. This document wasprofiuced by AIA software at 1 14:22:47 on 03/12/2010 under Order No.1000396162 1 which expires on 04/2212010, and is not for resale. User NOtes: (1781739831) Samples a[ [he 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 Eacbange 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.]9.3, 9.19.4, 9.23.3.1.2, 9.23.6.7, 9.26.4.1 Subcontractual 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.]9.2.4 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 and Construction Procedures 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 TetTnination 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.]9.4.1.], 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 TIME 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 Limits 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 Data in Digital Form 1.5.2 UNCOVERING AND CORRECTION OF WORK 9.25 AIA Document A295^' -2008. Copyright®2008 byThe American InstitNe of Architects. All rtghts reserved. WARNING: This AIA® Document is proteMetl by Init. U.S. Copyright Law and International Treaties. Unaulhodzed reprotluction or distrtbution of this AIA® Document, or any portion of it, may result in 9 severe civil and criminal penakies, and will be prosecutetl to the maximum extent possible antler the Iaw.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. Usar Notes: (1781739831) Uncovering of Work Waiver of Liens 9.25.1 10.2.2, 10.2.4 Unforeseen Conditions, Concealed or Unknown Waivers of Subrogation 9.7.4, 9.22.3.1, 9.24.3 9.20.1.1, 11.4.5,11.3.7 Unit Ptices 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, Schedule 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 ]2.3.2 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 Init. AIA Document A295*"-2008. COpyrightO2008 by The American lnsOtule of Architects. All dghts mservetl.WARNING: This AIA®Documem is protecletl by U.S. Copyright Law and International Treaties. Unauthodzetl reprotluction or distdbution of this AIA® Document, or any portion of it, may result in ~ 0 severe civil antl criminal penaNies, and will be prosecuted to the maximum extent possible untler the law. This document was produced byAlA so(lware 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 Notas: (1781739831) ARTICLE 1 GENERAL PROVISIONS § 1.1 PURPOSE The Owner, Architect and Contractor have ageed to plan, design, and cons[mct the Project in a collaborative environment following the principles of Integrated Project Delivery and to utilize Building Information Modeling to maximize the use of their knowledge, skills, and services for the benefit of the Project. The Architect and Contractor will deliver [he Project in the 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 that such information may materially change and, in that even[, the parties shall agee upon appropriate adjustments to the Architect's and Contractor's services and compensation, and [he 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 [he 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 Tots. § 1.2.2 The Project's physical chazacteristics: (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) Integated 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 [o 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-Constmction: 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 30, 2010 Public ballot question on bond funding: November 2, 2010 .2 Commencement of construction: Horizontal: TBD Vertical: TBD Substantial Completion date or milestone dates: Init AIA Document A295TM -2008. Copyright®2008 by The American Institute of Architects. All rights resenretl. WARNING: This AIA° Document Is protectetl by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any ponion of it, may resuk in 11 severe civil and criminal penakies, antl will be prosecuted to the maximum ertent possible under the Iaw.This document was produced 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: (1781739631) 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 Preconstruc[ion 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 [he 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 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 Oumer will retain the following consultants and Contractors: (Paragraph deleted) .1 Geo[echnical Engineer: CTL~Thompson, Inc. 1971 West 12th Avenue Denver, Colorado 80204 Phone: (303)825-0777 Fax: (303)825-4252 Contact: John Mechling Inil AIA Document A295*"-2008. Copyright©2008 by The American Institute of Architects. All rights reserv®tl.WARNING: This AlA®DOCUment is proteMetl by U.S. Copyright Law antl International Treaties. Unaulhorizetl reprotluction or tlistribution of [his AIA Document, or any portion of it, may result in ~Z severe civil antl criminal penalties, antl will be prosecuted to the maximum extent possible under the law. This document was produced by AIA sofhvare at / 14:22:47 on 03/12/2010 under Order No.1000396752_1 which expires on 04/22/2010, antl is not for resale. User Notes: (1781739831) 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 Firm TBD .4 Other: Entitlements Consultant TBD § 1.2.10 The Architect identifies the following representative in accordance with Section 3.1.1: Eduardo Illanes eillanes(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 Stmctural Engineer: Monroe & Newell Engineers, Inc. 619 Main SVeet, Suite 7 Frisco, Colorado 80443 970-668-3776 Contact: Peter Monroe, Partner PMonrce@monrce-newel Lcom .2 Mechanical Engineer: ABS Consultants, Inc. 1530 I6th Street, Suite 400 Denver, Colorado 80202 303-623-6200 Contact: Mazc Able, P.E., Partner mable@absconsultants. com .3 Electrical Engineer: ABS Consultants, Inc. AIA Document A295^' -4008. Copynghtm2008 byThe American InsBtule or Architects. All rights reserved. WARNING: This AIA® Document is protectetl by Init. U.S. Copyright Law antl International Treaties. Unauthorized reprotluction or distribution otthis AIA® Document, or any portion of it, may result in 13 severe civil antl criminal penakies, and will be prosecuted to the maximum ertent possible under the law. This document was produced by AIA software at ) 14:22:47 on 03/12r1010 under Order No.100039fi 152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) 1530 16th Street, Suite 400 Denver, Colorado 80202 303-623-6200 Contact: Marc Able, P.E., PaMer mable@absconsultants.com .4 Other: Civil Engineer Alpine Engineering, Inc. 34510 Highway 6, Uni[ A9 Edwards, Colorado 81632 970-926-3373 Contact: Ken[ Kriehn, PE-LS, Principal kriehn@alpineci vil. com .5 Other: Land Planner Design Workshop 120 Main Street Aspen, Colorado 81611 970-925-8354 Contact: Richard Shaw, FASLA, Principal rshaw@designworksh op. 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: 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 ContacC Eric Amhaus, Department Manager eemhaus@callpie.com .9 Other: Plaruting Facilitator: AIA Document A298^' - 2008. 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. Unarnhorizetl reproduction or tlistribution of this AIA® Document, or any portion of it, may resuH in 74 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 Ober No.1000396152_1 which expires on 04/22/2010, and is not for resale. User Notes: (1781739831) Vann Associates 230 East Hopkins Avenue Aspen, Colorado 81611 970-925-6958 Contack Sunny Vann, Principal vannassociates@comcas[. net § 7.2.12 The Contractor identifies the following representative in accordance with Section 4.1.1 Haselden Constmction 6950 South Potomac Street Centennial, CO 80112 (303)751-1478 Contact: Byron Haselden byronhaselden(a~hasel den.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 § 7.2.14 Other Initial Information: TBD § 1.3 BASIC DEFINITIONS § 7.3.1 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 Contmc[or's obligations. § 1.3.2 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 the professional services related thereto. § 7.3.3 THE DRAWINGS The Drawings aze the graphic and pictorial portions of the criteria design, detailed design, implementation, or Guamnteed Maximum Price Documents showing the design, location and dimensions of the Work, generally including Models, plans, elevations, sections, details, schedules and diagrams. § 1.3.4 THE SPECIFICATIONS The Specifications aze [hat portion of the criteria design, detailed design, implementation, or Guaranteed Maximum Price Documents consisfing of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 7.3.5 BUILDING INFORMATION MODEL The Building Information Model (Model(s)), is a digital representation of the physical and firnctional characteristics of the Project. The term "Model" may be used to describe a single model or multiple models used in the aggregate. "Building Information Modeling" (BIM) means the process and techno]ogy used to create the Model. § 1.3.61NSTRUMENTS 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 the Construction Manager, Architect, [he Architect's consultants, the AIA Document A295"' - 2008. Copyright ©2008 by The American InsOtule of Architects. All dghts reserved. WARNING: This AIA® Document is protected by Inlt. U.S. Copyright law and International Treaties. Unaulhorizetl reproduction or distribution of this AIA® Document, or any portion of it, may resuk in ~ 5 severe civil and criminal penakies, and will be prosecutetl to the maximum extant possible under the Iaw.This document was produced by AIA sofiwam at / 74:22:47 on 03/12/2070 under Order No.1000396152_7 which expires on 04/22/2070. and is not for resale. User NOtes: (1781739831) Con[mctor, Subcontractors, or Sub-subcontractors under their respective agreements. InsWments of Service may include, without limitation, studies, surveys, Models, sketches, dmwings, specifications, and other similar materials § 7.3.7 THE GUARANTEED MAXIMUM PRICE The Guaranteed Maximum Price represents an amount that the Contract Sum shall not exceed as agreed to by the Owner and Contractor. § 1.3.STHE GUARANTEED MAXIMUM PRICE DOCUMENTS The Guaranteed Maximum Price Documents (GMP Documents) consist of the agreement between the Owner and Contractor (Owner-Contractor Agreement), General, Supplementary and other Conditions ofthe Contract (Conditions of the Contract), Drawings, Specifications, and Modifications issued after execution of the Contmct. 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 [he Work issued by the Architect. § 7.3.9 THE CONTRACT The GMP Documents comprise the Contract for Integmted Project Delivery. The Contract represents the entire and integrated agreement between the Owner and the Contractor and supersedes prior negotiations, representations or agreements, either written or oml. 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 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 Construction Manager's consultants (5) between any persons or entities other than the Owner and the Contractor. § 7.3.10 THE IMPLEMENTATION DOCUMENTS The Implementation Documents consist of [he Architect and Contractor's further development of the GMP Documents as necessary to construct the Project. § 1.3.710WNER'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 contractors' general conditions costs, overhead and profit. The Owner's Budget for the Work does not include [he 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. § 7.3.121NITIAL DECISION MAKER The Initial Decision Maker is the Architect, who will render initial decisions on Claims in accordance with Section 13.2 and certify termination of [he Owner-Contractor Agreement under Section 7.2.2 of the Owner-Contractor Agreement, A195-2008, Standard Forn of Agreement Between Owner and Contractor for Integrated Project Delivery. § 1.3.131NTEGRATED PROJECT DELIVERY Integrated Project Delivery is a project delivery approach that integrates people, systems, business structures and practices into a process that collaboratively harnesses the talents and insights of all participants [o 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 required by all; performance by the Contractor shall be required to 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: .7 Addendum and modifications to the Drawings and Specifications take precedence over the original GMP Documents. Init. AIA Document A295'°-2008. Copyright©2008 byThe American Institute of Architects. All dghls reserved.WARNING: This AIA'"DocumeM is protected by U.S. Copyright Law antl International Treaties. Unauthorizetl reproduction or distribution of this AIA® Document, or any portion of it, may resuh in ~s severe civil and criminal penaaies, and will be prosecuted to the maximum extent possible under the law. This Document wasprodured by AIA software at / 14:22:47 on 03/12/2010 under Order No.1000396152_1 which ezpires on 04/22/2010, and is not for resale. User Notes: (1781739831) .2 Should there be a conflict within [he Specifications, or within the Dmwings, or between the Drawings and Specification, the Architect shall decide which condition will provide the 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 famished as though specifically shown and mentioned m both without any extra charge. .4 The Drawings, for purposes 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, aze required to familiarize themselves with all the Work required by the Contract Documents. Each Contractor shall properly coordinate his/her work with that of all other contractors. It is not within the scope of the Drawings [o show all necessary 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 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 [he plans, the dimensions of which are not figured, shall be executed until instmctions have been obtained from the Architect as to the dimensions to be used. Larger scale Drawings shall have preference over smaller scale drawings, but discrepancies shall be referred [o [he Architect for interpretation. § 1.4.2 Neither organization of the Specifications into divisions, sections and articles, arrangement of Drawings, 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. § 7.4.3 Unless otherwise stated in the GMP Documents, words that have well-known technical or construction industry meanings are used in 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 tithes of other documents published by the American Institute of Architects. § 7.4.5 INTERPRETATION In the interest of brevity, words such as "all" and "any" and articles such as "the" and "an" maybe omitted, but the fact [hat a modifier or an article is absent from one statement and appeazs in another is not intended to affect the interpretation of either statement. § 1.5 USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE 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 [o them. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Architect, Architect's consultants, Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may no[ use another author's Instruments of Service on other projects or for additions to this Project without the specific written consent of [he Owner and [he author of the Instruments of Service. § 7.5.1 The Owner, Construction Manager, ArcMtect and Contractor may utilize a Model as (an) Instrument(s) of Service to the extent mutually agreed to be practicable and pursuant to Section 1.5.2. Unless [he parties mutually agree otherwise, the Architect shall be responsible for the integration and coordination of [he Model throughout the design and construction of the Project. § 7.5.2 SOFTWARE AND DATA EXCHANGE PROTOCOLS The Owner, Construction 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 Contractor shall work together to establish the permitted uses for all digital information, including the Model, to be exchanged on the AIA Document A295TM -2008. Copyright©2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by Init. U. S. Copydght Law and International Treaties. Unauthorized reprotluction or distribution of this AIA® Document, or any portion of a, may result in ~ ~ severe civil and criminal penahies, and will be proseculetl to the maximum extent possible under the law. This document was producetl 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: (1781739831) Project. Such determinations shall be set forth in AIA Document E201T"r-2007, or a similaz document, that shall be incorporated by reference into all agreements 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 m 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 [o as if singular m 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 the approval of increases in [he Contract Sum or Contract Time, and the execution of Amendments and Change Orders to the Agreement. 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 Contmctor 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 [o the Architect and Contractor if the Owner becomes aware of any fault or defect in [he 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 [he 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 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 [he evidence, the Owner shall no[ materially vary such financial arangements without prior notice to the Construction Manager , Contractor and Architect. § 2.2.2.1 Notwithstanding anything in the GMP Documents to the contrary, in [he event the voters in the City of Aspen Init. AIA Document A295TM -2008. Copyright02008 by The American Institute of Architects. All dghts reservetl. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reprotluction or distribution of this AIA® Document, or any portion of it, may resua in 18 severe civil and criminal penalties, and will be prosecutetl to the maximum extent possible under the law. This document wasprodaced by AIA software al / 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) 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 Termination Expenses or fees will be due or will accrue from the Owner to the Construction Manager, Architect, Contractor, any subcontractors or any consultants. § 2.2.3 The Owner shall establish and periodically update the Owner's budget 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 the Work, the Owner shall notify the Architect and Contractor. The Owner, constmction Manager, and the Architect and ConDactor shall thereafter agree to a corresponding change in the Owner's Budget for the Work or in the Project's scope and quality. § 2.2.4 Except for permits and fees [hat are the responsibility of the Contractor under the GMP Documents, including [hose required under Section 9.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for constmction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.2.5 The Owner shall furnish 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 structures; designated wetlands; adjacent drainage; rights-of--way, restrictions, easements, encroachments, zoning, deed restricfions, boundaries and contours 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 benchmark § 2.2.6 The Owner shall famish services of geotechnical engineers, which may include but are not limited [o test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous 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 s[mctural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 2.2.8 The Owner shall famish all legal, insurance 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 Contractor shall be required to correct any deficiencies identified by [he Commissioning Agent. § 2.2.10 The Owner shall famish the services of a Material Testing Firm, who will provide inspections and material testing reports during the constmction phase. § 2.3 CONSTRUCTION MANAGER § 2.3.1 The constmction Manager is the person or entity identified as such in the Agreement and is referred to throughout [he Contract Documents as if singular in number. The term "constmction Manager" means the constmction Manager or the constmction Manager's authorized representative. § 2.3.2 The Construction Manager will no[ be responsible or liable for the acts or omissions of [he 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 constmction Manager shall: § 2.3.3.1 Review all changes proposed by the Contractor, Architect or Owner and make recommendations regarding schedule and cost implications; AIA Document A295TM -2008. Copyright®2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protecletl by Init. U. S. Copyright Law and International Treaties. Unauthodzed reproduction or distdbution of this AIA® Document, or any portion of k, may resuk in 19 severe civil and criminal penakies, antl will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 1 14:22:47 on 03/12/2010 antler Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User NOles: (1781739831) § 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 the 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 Contractor'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 azchi[ec[ure or an entity lawfully practicing architecture in the jurisdiction 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 in 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 Contmctor 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 The Architect and Construction Manager acknowledge the Contractor does not warrant or guarantee the accuracy ofthe 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 [he GMP Documents and the entities providing utility services to [he Project. In designing the Project, the Architect shall respond [o 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 havingjurisdic[ion over the Project. The Architect shat I generate documents suitable for submission to the necessary governmental authorities. § 3.2.6 Lt 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 to the Project. AIA Document A296TM - 20118. Copynght O 2008 Dy The American Institute of Architects. All rights reservetl. WARNING: This AIA® Documem is protectetl by Init. U.S. Copyright Law antl International Treaties. Unauthorizetl reprotluction or tllstdbution of this AIA® Document, or any portion of it, may result in 20 severe civil and criminal penalties, antl will be prosecuted to the maximum extent possible untler the law. This document waspmduced 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) ARTICLE 4 CONTRACTOR § 4.1 GENERAL § 4.1.1 The Contractor is [he 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 m the jurisdiction where the Project is located. The Contmctor 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 the Contractor or the Contractor'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 constructability; 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 alternative 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 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 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 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 Tn preparing the Contmc[or'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 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 Contmc[or 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 not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. § 4.2.6 The Contractor shall not be required [o provide professional services [hat constitute the pmc[ice of architecture or engineering unless such services are specifically required by the GMP Documents for a portion of the Work or unless the Contractor needs to provide such services in order to cant' out the Contractor'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 safisfy. 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 Dmwings and other submittals related to the Work designed or certified by such professional, if prepazed 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 AIA Document A295TM -2006. Copyright®2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by Init. U. S. Copyright Law end International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may resuN in 21 severe civil and 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 03/12/2010 uMer Ortler No.1000396152_1 which ezpires on 04/2712010, and is not for resale. User Notes: (1781739837) professionals, provided [he 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 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 arrive at a mutual understanding of [hose requirements. The Architect shall present its preliminary evaluation ro the Owner, Construction Manager, Commissioning Agent, and Contractor and discuss possible altema[ive 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, Construction Manager, Commissioning Agent, and Contractor regarding the requirements of the Project. § 5.2 Within two weeks of execution of the ArchitcePs Agreement, 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 [he Master Project Schedule. The schedule of the Architect's services shall include design phase deadlines, dates when cost estimates or design reviews shall occur in order to comply with the deadlines in the Master Project Schedule, and allowances for periods of time required (1) for [he 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 prepare 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 Project's timely completion. § 5.4 Once the Owner, Architect and Contractor agree to the time limits established by the 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 terms of the other as well as recommendations, if any, with regard to accelerated or fast-track scheduling, procurement, efficient building design, or phased construction. The preliminary evaluation shall take into consideration cost information, constmctability, and procurement and constmction scheduling issues. To the extent mutually agreed, 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, in consultation with the Construction Manager, Commissioning Agent and the Contractor, shall prepare and present for the 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 Constmction Manager ,Commissioning 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. AIA Document A295" - 2008. Copyright 02008 by The American Inslitute of Architects. All rights reserved. WARNING: This AIA® Document is protecletl by Init. U.S. Copyright Law and International Treaties. Unauthorized reprotludion or distribution of this AIA® Document, or any portion of it, may result in 22 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 / 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: (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 progress of the design to review the Criteria Design Documents as necessary. § 6.4 The Contractor shall obtain information from Subcontractors and material suppliers regarding proposed systems or products, including material procurement scheduling, product data sheets, life cycle and energy efficiency data, cost data necessary [o validate estimates and schedules for their scopes of work, tolerances, and prefabrication opportunities. § 6.5 The Contractor, for the Construction Manager's and Architect's review and the Owner's acceptance, shall prepare 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 scope of work prior [o 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 [o the Connector and the Contmctor 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 Construction Schedule. § 6.7.1 If revisions 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 to 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 wnsulta[ion 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 Contractor as appropriate and necessary to the progress of the design to review the Detailed Design Documents. § 7.3 Prior [o the conclusion of the Detailed Design Phase, the Connector shall furnish to the Owner Construction Manager, and Architect a list of possible Subcontractors and material suppliers. § 7.4 The Contractor shall provide updates to the Contractor's Estimate and the Contractor's Construction schedule to ensure wnsis[ency with the Detailed Design Documents and [o incorporate information received from Subcontractors and material suppliers pursuant [o Section 6.4. The Contractor shall require any such Subcontractors and material suppliers to provide additional information as needed [o coordinate systems, including, but not limited to, mechanical, electrical, plumbing and structural, and to verify tolerances. § 7.4.1 Ifthe 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 Budge[ 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 [he Owner's Budget for the Work; or .3 implement any other mutually acceptable alternative. AIA Document A295*' -2009. Copydghl©2008 by The Amedcan Institute of Architects. All rights reserved. WARNING: This AIA® Document is protectetl by Init. U.S. Copyright Law antl International Treaties. Unau[horizetl reprotluction or tlistrtbution of this AIA® Document, or any portion of it, may result in 23 severe civil antl criminal penalties, and will be prosecutetl to the maximum extent possible under the law. This document was produced by AIA software at f 14:22:47 on 03/12/2010 untler Order No.7000396752_1 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. After 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 [he Owner's Budget for the Work [o the Owner and Construction Manager. The Owner, Construction Manager, 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 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 further 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. § 7.6 The Contractor shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: .1 A wmplete 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 [o review the Guaranteed Maximum Price proposal. In the event that the Owner, Construction Manager, 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. § 7.10 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 Guamnteed 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. § 7.70.2 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" -2006. Copyright©2008 byThe American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by Inst. U.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 24 severe civil antl criminal penalties, antl wlil be prosecutetl to the maximum extent possible under the Iaw.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, antl is not for resale. User Notes: (1781739831) ARTICLE 8 IMPLEMENTATION DOCUMENTS PHASE § 8.1 Based on the GMP Documents and the Guaranteed Maximum Price, the Architect and Contractor shall prepare Implementation Documents. The Implementation 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 their 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 compare the hmplementation Documents with each other and with information famished by the Owner and shall at once report to the Construction Manager and Architect erors, inconsistencies or omissions discovered. § 8.4 The Architect and the Contractor shall incorporate into the hmplementation 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 hmplementation 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 [he Work. If the Owner and Contractor agree, the Contractor may begin construction of the Work during the Implementation Documents Phase, as appropriate. § 8.7 At the conclusion of the Implementation Documents Phase, [he Owner, Construction Manager, Architect and Conuactor shall meet to review the Implementation Documents. Upon the Owner's approval of the Implementation Documents, they shall become part of [he 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(Alarm Systems); 2003 Intemational Fire Code; all as amended by the AFPD and adopted by the 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 at 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 [he GMP Documents either by activities or duties of the Construction 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 Contractor, or by any prior course of conduct with [he Owner. § 9.1.3 The Contractor accepts the relationship of [mst and confidence established by this Agreement and covenants with the 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 famish efficient business administration and supervision; to famish 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 corela[e personal observations with requirements of the GMP Documents. AIA Document A295TM - 2008. Copyright ®2008 byThe American Institute o(Architects. All rights reserved. WARNING: This AIA® Document Is protectetl by Init. U.S. Copydght Law and Intemational Treaties. Unauthonzatl reprotluction or tlistribution or this AIA® Document, or any podion of it, may resua in 2rJ severe civil and criminal penahies, and will be prosecuted to the maximum extent possible antler the law. This document was produced by AIA sohware at ) 14:22:47 on 03/12/2010 under Ortler No.1000396152_i which expires on 04/22/2010, and is no[ (or resale. User NOtes: (1781739831) § 9.2.2 Because the GMP Documents are complementary, the Contractor shall, before starting Constmction of each portion of the Work, cazefully study and compare the various GMP Documents relative to that portion of the Work, as well as the information famished by the Owner pursuant to Section 2.2.5, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions a[ the site affecting it. The Conttactor shall promptly report to the Architect and Owner any errors, inconsistencies or omissions discovered by or made known to the Contmctor as a request for information in such form as the Architect may require, with a copy to the Constmction Manager. § 9.2.3 The Contractor is not required to ascertain that the GMP Documents are 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 [he 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 [he 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 Contmctor shall pay such costs and damages to the Owner as would have been avoided if the Contmctor had performed such obligations. § 9.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 9.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contactor 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 or procedures. § 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 Contmctor 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 Constmction Manager or Owner may reasonably require. The log shall be available during all hours of operation on site to the Constmction Manager, Owner and Architect. § 9.3.3 The Contractor shall develop a system of cos[ 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 [o the Owner for acts and omissions of [he Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the 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 cazefully check its own work and that of Subcontractors 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. § 9.3.8 During the finishing stages of the project, the Contractor shall make frequent inspections of [he Work in [he 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 Contmctor shall ensure that incorrect or faulty Work is corrected immediately. AIA Document A295TM - 2008. Copyright ©2006 byThe Amedcan Institute of Architects. All rights reservetl. WARNING: This AIA® Document is protected by Init. U. S. Copyright Law and International Treaties. Unauthodzed reproduction or tlistribution of this AIA® Document, or any portion of it, may resua In 26 severe civil and criminal penalties, antl will De 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 Ober No.1000396152_7 which expires on 04/22/2010, and is not for resale. User Notes: (1 781 7398 31) i § 9.4 LABOR AND MATERIALS § 9.4.7 Unless otherwise provided in the GMP Documents, [he Con[mctor 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 the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 9.4.2 Except m 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 the Owner, after evaluation by the Architect and the Construction Manager and in accordance with a Change Order or Constmction Change Directive. 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 are equal to or better than the original materials or products. All subs[imtions shall meet or exceed Department of Energy Building America and Aspen/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 no[ permit employment of unfit persons or persons not 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, careless or otherwise objectionable. § 9.4.4 All work under this Contmct shall be performed in a skillful and workmanlike manner ht 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 Contmct 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 [hose 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 Contmctor shall famish 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 Subcontractor's, Sub-subcontractor's, suppliers' and manufacturer's warranties, guarantees, and maintenance requirements required to maintain all warranties and guazantees, relating to materials and labor used in the Work. These materials shall be assembled in Warranty Manuals and submitted to [he 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 Contractor performs warranty work during the warranty period which later is discovered to not have been performed correctlg the Contractor shall repair the work up to one year after the initial warranty work was performed. In the event that the Contmctor, 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 cons[med as evidence of the Architect's, Commissioning Agent's, Cons[mction 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 Contmctor 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 Init. AIA Document A295•"-2098.Copyright®2008 by The American Institute of Architects. All rights reserv®tl. WARNING This AlA°DOCUment is protected by U.S. Copydght Law and International Treaties. UnaWhodzetl reprotluclion or tlistdbution of this AIA Document, or any portion of it, may result in 27 severe civil and criminal penaaies, and will be prosecutetl to the maximum extent possible under the law. This document ores produced by AIA software al ) 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) them. Equipment and/or materials shall be replaced or returned 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 S[a[e 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 Contractor shall secure and pay for the building permit as well as for other pemuts, 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 Guazanteed Maximum Price is established. § 9.7.2 The Contractor shall comply with and give notices required by applicable laws, stamtes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 9.7.31f 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 aze (1) subsurface or otherwise concealed physical conditions that differ materially from those upon which the parties relied in the development of [he GMP Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions aze disturbed and in no event later than 21 days after first observance of the conditions. The Architect, Owner, and Construction Manager will promptly investigate such conditions and, if the Architect determines that they 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 Sum or Contract Time, or both. If the Architect determines [hat [he 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 in writing, stating the reasons. If either party disputes the Architect's determination or recommendatioq that party may proceed as provided in Article 13. § 9.7.5 If, in the course of [he Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the GMP Documents, the Contractor shall immediately suspend any operations [hat 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 Contactor shall continue to suspend such operations until otherwise instructed 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 may be made as provided in Article 13. § 9.8 ALLOWANCES § 9.8.1 The Contractor shall include in the Contract 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 to 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 in 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. AIA Document A295*"' - 2008. Copyright 02008 by The American Institute of Architects. All rights resenetl. WARNING: This AIA® Document is protected by Init. U.S. Copyright Law and International Treaties. Unaulhodzetl reprotluction or distribution of this AIA® Document, or any portion of it, may resuh in 28 severe civil antl criminal penalties, antl 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_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) § 9.8.3 Materials and equipment under an allowance shall be selected by [he Owner with reasonable promptness § 9.9 SUPERINTENDENT § 9.9.1 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 furnish th 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 Constmcdon 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. The Contractor shall designate a second person in charge in writing in the event the Superintendent is temporarily 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 not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contracror's Construction Schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails [o 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 [he Construction Phase aze 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 Construction Manager ,Owner and Architect. § 9.10.4 This Contractor's Construction Schedule will include, but is no[ limited to, work activities required by each section of the specifications as listed in the GMP Documents to complete the Work . The dum[ion, 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 Constmction Manager's Master Project Schedule is to be used, among other functions, to provide a comprehensive planning tool for completion of both the Work and the Project. Con[mctor will cooperate fully with the Construction Manager in integrating the Contractor's Construction Schedule into the Master Project Schedule. § 9.10.5 Upon acceptance by the Construction 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 Contmctor's Work to avoid conflict, delay in or interference with the Work of other Contractors or the operations of the Owner's own forces. AIA Document A295^' - 2008. Copyright ©2008 byThe American Institute of Architects. All rigtds reservetl. WARNING: This AIA'" Document is protected by Inlt. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may resuk In 29 severe civil antl criminal penaRles, and will be prosecuted to the maximum extent possible under the Iaw.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) § 9.10.7 The Construction Manager, together with [he 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 weeklyjob meeting this schedule will be reviewed by the Contmctor with all affected Subcontractors and the Construction Manager. § 9.10.9 Delivery and Storage. The Contractor shall exercise due diligence in seeing [hat all equipment, material, and supplies are delivered in advance of the time they are needed on [he 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 the GMP Documents, in 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. § 9.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 9.12.1 Shop Drawings aze 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 furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 9.12.3 Samples are 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 [o demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the GMP Documents for those portions of the Work for which the GMP Documents require submittals. Review by the Architect is subject to [he limitations of Section 9.26.5.2. Informational submittals upon which the Architect is no[ expected to take responsive action may be so identified in the GMP Documents. Submittals that are not required by the GMP Documents may be 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 the Construction Manager, Shop Drawings, Product Data, Samples and similar submittals in accordance with the submittal schedule approved by [he Architect or, in the absence of am approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of [he Owner or of separate contractors. § 9.12.6 By submitting Shop Dmwings, Product Data, Samples and similar 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 constmction criteria related thereto, or will do so and (3) checked and coordinated the information contained 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 [hat 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 Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. hr 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 [he AIA Document A295r" - 2006. Copyright ©2008 byThe 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 distribution of this AIA® Document, or any portion of it, may resua in 3D severe civil and criminal penalties, and will be prosecuted to the maximum eztent possible under 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) Architect for considemtron before proceeding with [he Work. The Contractor shall use its utmost efforts to identify discrepancies in dimensions in a timely fashion and notify [he Owner and Constnlction Manager of these prior to 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 the drawings. § 9.13 USE OF SITE § 9.13.1 The Contractor shall confine operations at the site to areas pemtitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the GMP Documents and shall no[ unreasonably encumber the site with materials or equipment. § 9.13.2 Protection of construction materials and equipment stored at the Project 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 are not covered by builder's risk insurance. § 9.13.3 During the performance of the Work required by [his Agreement, the Contractor or Subcontractor, will use such enttaltces to the construction site that may be 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 to 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 heary 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 constntction site throughout the Cons[mction 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, traffiq 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, Dust 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 Storrttwater Pollution Prevention Plan in accordance with EPA's Nafional Pollutant Dischazge Elimination System (NPDES) General Permit for s[ormwater discharges from Large and Small Construction Activities (effective June 30, 2008). Any mud tracked onto public roadways shall be removed daily. § 9.13.9 The Contractor is advised [hat the project 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. § 9.13.10 The Contractor shall maintain access around [he constmction site. § 9.13.11 The Contractor shall furnish and maintain sufficient sanitary facilities for its own forces. The facilities of [he 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 to the Owner. The Owner shall be entitled to demand the permanent removal from [he Project of any person(s) who aze repeat offenders. § 9.13.13 The Contractor shall layout and mazk any plantings, shrubs and trees which will require removal a minimum AIA Document A295TM - 2008. Copyright ©2008 byThe Amedcan Institute of Architects. All rights reservetl. WARNING: This AJA® Document Is protected by Init. U.S. Copydght Law antl International Treaties. Unaulhortzetl reprotluctlon or tlisfdbution of this AIA® Document, or any portion of H, may resuH in 31 severe civil and criminal penaHies, and 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 04/22/2070, and is not (or 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 pemilssion. § 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 [he 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 [he head of the local utility services, the Owner, the Architect, the Construction Manager, and [he utility users affected by the interruption. Such notice shall consist of direct written communication, publication in a local newspaper, and/or announcement on local radio or television stations, whichever is most reasonably calculated [o give notice [o 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, fitting 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 [he 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 sepazate contractor; such consent shall not be unreasonably withheld. The Contractor shall not umeasonably 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 the 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 regtrtred 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 [hat 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. § 9.161NDEMNIFICATION § 9.18.1 To the fullest extent permitted by law 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 not 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 A295" - 2008. Copyright ©2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthorizetl reproduction or tlistdbution of this AIA® Document, or any portion of it, may resua in 32 severe civil and criminal penahies, and will be prosecuted to the maximum extent possible under the Iaw.This document was produced by AlA Software at / 14:22:47 on 03/12/20W under Order No.1000396152_i which expires 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 them or anyone for whose acts they may be liable, regazdless of whether or not such claim, damage, loss or expense is caused m par[ 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 this Section 9.18. Tn the event Contractor is liable for all or any portion of any claim, damages, losses or expenses, Contmctor shall reimburse Owner for its reasonable attorneys' fees, expert witness fees, and costs incurred that ate attributable to Contractor's pro rata shaze 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 may be 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 to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the GMP Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor The term "Subcontractor" does not include a separate 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 singulaz 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 famish m writing to the Construction Manager, Owner and Architect the names of persons or entities (including those who aze to famish materials or equipment fabricated [o 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 [he Architect has reasonable objection to any such proposed person or entity or (2) that additional time is required for review. Failure of the Construction Managey 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 contract with a proposed person or entity to whom the Constmc[ion Manager, Owner or Architect has made reasonable and timely objection. The Contractor shall not be requved 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 Constmc[ion 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 Conttac[ 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 not substitute a Subcontractor, person or entity previously selected if the Construction Manager, Owner or Architect makes reasonable objection ro 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 [he 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 AIA Document A295TM - 2008. Copyright m 2008 by The American Institute of Architects. All rights reservetl. WARNING: This AIA® Document is protected by Inst. U.S. Copyright Law and International Treaties. Unauthodzetl reprotluction or distribution of this AIA® Document, or any portion of it, may result in 33 severe civil antl criminal penalties, and will be prosecuted to fhe maximum extent possible under the law. This document was produced by AIA sofhvare at f 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) Work, which the Contractor, by these Documents, assumes toward the Construction Manager, Owner and Architect. Each subcontmct agreement shall preserve and protect the rights of the constmction 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 [o 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. The Contractor shall require each Subcontractor to enter into similaz ageements 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 famish 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 .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 7.2.2 of the Owner-Contractor Agreement and only for those 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 [he Contract. When the Owner accepts the assignment of a subcon[mct 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. § 9.19.4.3 Upon such assignment to the Owner under this Section 9.19.4, the 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 [he successor contractor's obligations under the subcontract. § 9.20 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 9.20.7 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 9.20.7.7 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to awazd separate 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 cost 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 opemtions on the site, the term "Contractor" in the GMP Documents in each case shall mean the Contractor 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 the Contractor, who shall cooperate with them. The Contractor shall participate with the constmction Manager, other separate contractors and the Owner in reviewing their construction schedules in the context of this Master Project Schedule. The Contractor shall make any revisions to the constmction schedule deemed necessary after a joint review and mutual ageement with the constmction Manager and Owner. The Master Project Schedule and Contractor's Construction Schedule, as revised, shall then constitute the schedules to be used by the constmction Manager, the Contractor, separate contractors and the Owner until subsequently revised. § 9.20.1.4 Unless otherwise provided in the GMP Documents, when the Owner performs constmction or opemtions 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 that apply to the Contractor under the Contract. AIA Document A295TM -2008. Copyright©2008 by The Amedcan Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protectetl Dy Init. U.S. Copyright Law antl International Treaties. Unauthodzetl reprotluctlon or distdbution of this AIA® Document, or any portion of it, may resua in 34 severe civil antl criminal penalties, and will be prosecutetl to the maximum extent possible antler the Iaw.This document was protluced by AIA so(hvare al ) 14:22:47 on 03/12/2010 under Order No.1000390152_i 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 [he Owner, through [he Constmction Manager, and sepam[e contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate [he Contractor's construction 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 the 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 any apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the 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 to a separate contractor because of the Contractor's delays, improperly timed activities, failwe to properly protect work in place, or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incws 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 [he 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 are described for the Contractor in Section 9.14. § 9.20.30WNER'S RIGHT TO CLEAN UP If a dispute arises among the Contractor, separate contractors and the Owner as to [he responsibility under their respective conttac[s for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Construction Manager will allocate [he cost among those responsible. § 9.21 CHANGES IN THE WORK § 9.21.1 GENERAL § 9.21.1.1 Changes m the Work maybe 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 the limitations stated in this Section 9.2] 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. In the absence of an adequately documented request for change of the Contract Time or Schedule included in the request for a Change Order, no subsequent adjustment of the Contmct 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 the total cost to the Owner shall be based on the following schedule: .1 For the Contractor, for Work performed by [he Contractor's own forces, ten percent (10%) 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 [he cost. .4 For each Subcontractor, for Work performed by the Subcontractor's Sub-subcontractors, five percent (5%) of the amount due the sub-subcontractor. AIA Document A288TM-2008. Copyright02008 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by Init. U.S. Copyright Law and Intemalional Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may resuk in 35 severe civil and criminal penakies, and will be prosecuted to the maximum extent possible under the Iaw.This document was protluced 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) .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, Conttactor and Architect; a Construction Change Directive requires ageemen[ by [he Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by [he Architect alone § 9.21.1.2.1 Notwithstanding anything in 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 Amotmts between $5,000 and $10,000 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 their agreement 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 the 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 Construction Change Directive, without invalidating the Contract, order changes in [he 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 to 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 Uni[ 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. § 9.21.3.4 If 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 the Owner or Contractor, the applicable unit prices shall be equitably adjusted. AIA Document A295*" - 2008. 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. Unauthorized reproduction or distribution of ihls AIA® Document, or any portion of It, may result in 36 severe civil antl criminal penalties, antl will be prosecuted to the maximum extent possible under the law. This document waspmduced by AIA software at / 14:22:47 on 03/12/2010 under Ortler No.1000396152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739631) § 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 agreement therewith, including adjustment in Contract Sum and Contract 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 disagees 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 cos[ 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 perntit 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 the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cos[ as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved ut a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 9.21.3.9 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 Applications 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 Contract 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 Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Construction 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 not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the GMP Documents. Prior [o 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 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 no[ proceed without an approved Change Order or Construction Change Directive. § 9.22 TIME AIA Document A295^' - 2008. Copyright 02008 by The American Institute of Architects. All rights resenretl. WARNING: This AIA® Document is protected by Init. U.S. Copyright Law antl International Treaties. Unauthodzed reproduction or distdbution of this AIA® Documem, or any portion o/ n, may result in 37 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document wasprodured by AIA software at ) 14:22:47 on 03/12/2010 under Ortler No.1000396152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (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 [he 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 the Work are of the essence of the Contract. By executing [he 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 knowinglg 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 furnished by the Contractor and 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. § 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 Contmctor shall begin the Work within five (5) days of the date of commencement in 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 Completion, and Final Completion within [he 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 Contmctual 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 [heir employees, the Owner shall have the right to impose any or all of the following options: § 9.22.2.8.1 Require [he Contractor to prepare a Recovery Plan [o 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 Conttactor shall comply therewith, and/or the Construction Manager may require the Contractor to take any of [he actions set forth below and its subsections without additional cost to [he Owner, Construction Manager, or Architect, to makeup the lag in scheduled progress. § 9.22.2.8.2 Require the Contmctor 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 [hereto), 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 Contactor 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 determination by the Owner that [he Contractor is in breach of this Contract by failing to prosecute the Work to ensure its completion within both the Con[mct 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 in 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 AIA Document A295^' -2008. Copyright02008 byThe American Institute of Amhitects. All dgtds reserved. WARNING: This AIA' Document is protected by Init. U.S. Copyright Law and Intemationai Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in 38 severe civil antl criminal penaMies, 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, and is not for resale. User NOtes: (1781739831) remain uncompleted. This sum shall be considered not as penalty but as [he cost(s) of additional field and office expenses, additional consultants fees, and other expenses incurted 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 in Section 10.1.2 and Three Thousand Dollars ($3,000) 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 agee [hat 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 incompletion. § 9.22.3 DELAYS AND EXTENSIONS OF TIME § 9.22.3.7 If the Contractor is delayed at any time in [he commencement or progess of the Work by an act or neglect of the Owner or Architect, the Construction Manager ,any of [heir 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, [hen 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 § 9.23.7 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 Construction Manager, before the first Application for Payment submitted for construction of the Work, a Schedule of Values allocating the entire Contract Sum [o the various portions of the Work and prepared in such form and supported by such data [o 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 [he Architect, shall be used as a basis for reviewing [he Contractor's Applications for Payment. § 9.23.3 APPLICATIONS FOR PAYMENT § 9.23.3.1 At 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 [he Schedule of Values, for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substamiating 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. § 9.23.3.1.7 As provided m 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 to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. AIA Document A288TM-2008. Copyright®2008 by The American Institute of Architects. All dghts reserved. WARNING: This AIA° Document is protecletl by Init. U.S. Copydght Law and International Treaties. Unauthodzed reproduction or tlistdbmion of this AIA® Document, or any portion of rt, may resuh in $9 severe civil and criminal penalties, antl will be prosecutetl to the maximum extent possible antler the Iaw.This document was produced by AIA software at ( 14:22:47 on 03/12/2010 under Order No.1000398152_1 which ezpires on 04/22/2010, and is not for 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 the Contractor with procedures satisfactory to the Owner [o 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 the 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 Contmctor'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 [o 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 are updated m electronic format, and the Contractor's Construction Schedule is updated, through the date of the Application for Payment. § 9.23.4 CERTIFICATES FOR PAYMENT § 9.23.4.1 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 determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or m 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 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 Documents, and that 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 deviations 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 constitute a representation that the Contractor is entitled [o 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 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 [o ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.23.4.3 The Constmction Manager shall maintain a record of the Applications and Certificates for Payment. § 9.23.4.4 Retainage of ten percent (10%) will be withheld until the Contmctor 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 § 9.23.5.1 The Architect may withhold a Certificate For Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in 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 Contmctor 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 A295TM - 2008. Copyright O 2008 by The American Institute of Architects. All dghts reservetl. WARNING: This AIA® Document is protected by Inst. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may resuh in 4D severe civil antl 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_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) 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 may be necessary in the Architect's opinion to protect [he Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 9.3.2, because of .1 defective Work not remedied; .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 sepazate contractor; .5 reasonable evidence that the Work will not be completed within [he Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .6 repeated failwe 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 As-Built Record Drawings in electronic format; .10 failure to maintain a current, updated Cons[mction 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 are removed, certification will be made for amounts previously withheld. In the event the Architect nullifies a previously issued Certificate for Payment, and the Owner has, prior to such nullificafion, paid thereon, the Contractor shall promptly reimburse to the Owner amounts the latter had paid pursuant to the nullified Certificate for Payment. Altematelg 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, [he Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom [he Contractor failed [o make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by join[ check, [he 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 [he Architect has issued a Certificate for Payment, the Owner shall make payment in [he 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 [he Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of [he Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.23.6.2.1 The Contractor shall not withhold from any 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 Bounds 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 regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. AIA Document A295^' - 2008. Copyright m 2006 DyThe American Institute of Architects. All rights resenetl. WARNING: This AIA° Document is protaded by Init. U.S. Copyright Law antl International Treaties. Unauthorized reprotluction or distribution of this AIA® Document, or any portion of it, may resuh in 41 severe civil antl criminal penahles, and will be proseculetl to the maximum extent pouible under the Iaw.This document wasyroduced 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) § 9.23.6.4 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 the Contractor for subcontracted Work, beginning with the second Application for Payment. If the Contractor fails to famish such evidence within seven days, the Owner shall have the light 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 bylaw. § 9.23.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar [o 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 the Project by the 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 Subcontmctors or suppliers who performed Work or furnished materials, or both, under contract with the 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 the amount certified by the Architect, then the Contractor may, upon 15 (fifteen) additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contmctor'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 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 the Architect and Construction 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 [he 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 Immediately prior to such partial occupancy or use, the Owner and Constmction Manager, the Commissioning Agent, Contractor and Architect shall jointly inspect the area to be occupied or portion of [he 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 the Work shall not constitute acceptance of Work not complying with the requirements of the GMP Documents. § 9.24 PROTECTION OF PERSONS AND PROPERTY § 9.24.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. § 9.24.2 SAFETY OF PERSONS AND PROPERTY § 9.24.2.7 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .7 employees on the Work and other persons who maybe affected thereby; AIA Document A295TM - 2008. Copyright 02008 byThe American Institute of Architects. 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® Documem, or any portion of n, may result in 42 severe civil and criminal penalties, and will ba prosecuted to the maximum extent possible antler the law. This document wasprodaced 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) .2 the Work and materials and equipment [o be incorpom[ed therein, whether in stomge 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[ [he site or adjacent thereto, such as trees, shmbs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. § 9.24.2.2 The Contmctor 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 property or their protection from damage, injury or loss. § 9.24.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards 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 the Work, the Contractor shall exercise utmost caze and carryon 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 property referred to in Sections 9.24.2.1.2 and 9.24.2.1.3 caused in whole or in par[ by the Conttactor, aSubcontractor, aSub-subcontractor, or anyone directlypr indirectly employed by any of them, or by anyone for whose acts they may be liable and for which [he 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 no[ attributable [o the fault or negligence of the Contractor. The foregoing obligations of [he Contractor are in addition to the Contractor's obligations under Section 9.18. § 9.24.2.6 The Contractor shall designate a responsible member of the Contmctor's organization at the site whose duty shall be [he prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing [o the Owner and Architect. § 9.24.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 9.24.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY If Owner or Contmctor 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 to 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 the Contractor encounters a hazazdous material or substance not addressed in the GMP Documents and if reasonable precautions will be inadequate [o 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 Owner, Construction Manager 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 even[ such material or substance is found [o be present, to cause it to be rendered harmless. Unless otherwise required by the GMP Documents, the Owner shall famish in writing to the Construction 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 A298•" -2008. Copyright©2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protectetl by Init. U.S. Copydght Law and International Treaties. Unauthodzed reproduction or distdbution of this AIA® Document, or any portion of N, may resuN in ~ severe civil and cdminal penaNies, and will be prosecuted to the maximum extent possible under the Iaw.This Document was produced by AIA software a[ / 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) substance or who are to perform the task of removal or safe containment of such material or substance. The Constmction Manager, Contractor 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 [he Owner If either the Construction Manager, Contactor 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. (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 [he site, to the extent of the 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 remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 9.24.3.1, except [o the extent that the cos[ 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, [he 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 § 9.25.1.7 If a portion of the Work is covered contrary to the ArchitecPs request or to requirements specifically expressed in [he GMP Documents, it must, if requested in writing by [he Construction Manager or Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. § 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 shall be at the 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. § 9.25.2 CORRECTION OF WORK § 9.25.2.7 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Architect or Commissioning Agent or failing to conform [o 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, [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 Conttactor's expense. § 9.25.2.2 AFTER SUBSTANTIAL COMPLETION § 9.25.2.2.7 In addition to the ConDactor'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 [o be not in accordance with the requirements of the GMP Documents, the Contractor shall corzect it promptly after receipt of written notice from [he 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 corzection of Work, if [he Owner fails to notify the Contractor and give [he Contractor an opportunity to make [he correction, [he Owner waives the rights to require corzection by the Contractor. AIA Document A295*" - 2008. Copyright ©2008 byThe American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by Inlt' U.S. Copyright Law and International Treaties. Unauthorized reproduction or distdbulion of this AIA® Document, or any portion of it, may result in ~ severe civil antl criminal penakies, and 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 under Order No.1000396152_7 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) If the Contractor fails to correct nonconforming Work within a reasonable time during [ha[ period after receipt of notice from the Owner or Architect, the Owner may corcect 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 fast performed after Substantial Completion by [he period of time between Substantial Completion and the actual completion of [hat portion of the Work. § 9.25.2.2.3 The two-year period for correction of Work shall be extended for any corrective Work performed by the Contmctor pursuant [o 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 m 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 [he site portions of the Work that aze not m accordance with the requirements of the GMP Documents and aze neither corrected by the Contractor nor accepted by the Owner. § 9.25.2.4 The Contractor shall bear the cos[ of corcecting 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 [he two-year period for correction of Work as described in Section 9.25.2.2 relates only to the specific obligation of the Contractor to corcect the Work, and has no relationship to the time within which the obligation to comply with the GMP Documents maybe sough[ to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to [he Conhactor's obligations other than specifically [o correct the Work. § 9.25.2.6 OWNER'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 [he GMP Documents as required by Section 9.25.2 or repeatedly fails to carry out Work in accordance with the GMP Documents, the Owner may issue a written order to the Contractor to stop [he 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 no[ give rise to a duty on the part of the Owner to exercise this right for [he benefit of the Contractor or any other person or entity, except to the extent required by Section 9.20.1.3. § 9.25.2.7 OWNER'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 the Owner to commence and continue corcection of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, corcect such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor [he 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 aze both subject to prior approval of [he Construction Manager. If payments then or thereafter due the Contractor are no[ sufficient [o cover such amounts, [he Contractor shall pay the difference [o 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 COntmCt 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. Copyright®2008 by The American Institute of Architects. All rights reservetl. WARNING: This AIA® Document is protected by Init. U.S. Copyright Law and International Treaties. Unauthodzetl reproduction or tlistdbution of this AIA® Documem, or any portion of it, may result in 4rJ severe civil and criminal pena8ies, and will be prosecuted to the maximum extent possible under the law. This Document was produced byAlA 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) 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 [he requirements of the GMP Documents. The Architect shall be responsible for the ArchitecPs negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contrnctor or of any other persons or 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 § 9.26.4.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required m 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 [he 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 (I) 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 in 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 m good faith either to exercise or not to exercise such authority shall give rise [o 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 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 ageed upon or otherwise with reasonable prompmess. § 9.26.4.4Interpretations 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 the 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 aze the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, fatless 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. § 9.26.5.3 If the GMP Documents specifically require the Contractor [o provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review shop drawings AIA Document A295TM-2008. CopyrigM02008 by The Amedcan Institute of Architects. All rights resenetl. WARNING: This AIA® Document is protected by Init U.S. Copyright Law and International Treaties. Unaulhodzed reproduction or distribution of this AIA® Document, or any portion of it, may resuk in Q6 severe civil and criminal penakies, and will be prosecutetl to the maximum extent possible under the Iaw.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, and is not for resale. User NOtes: (1781739831) and other submittals related to the Work designed or certified by the design professional retained by [he Contractor that bear 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 [he 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 set 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 prepare and issue supplemental Drawings and Specifications m response [o 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 to determine the date or dates of Substantial Completion and [he date of final completion; 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 the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the GMP Documents so that the Owner can occupy or utilize the Work for its intended use. § 10.1.3 The Constmction 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 Work to be completed or corrected. § 10.1.4 When the Contractor considers [hat [he Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare 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 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 not 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 notification 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 to determine Substantial Completion. § 10.1.6 When [he Work or designated portion [hereof is substantially complete, the Architect will prepare 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 time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the GMP Documents shall commence on [he date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. AIA Document A295TM - 2008. Copyright ®2008 byThe American InsOtule of Architects. All dgMS reserved. WARNING: This AIA® Document is proteIXetl by Init. U.S. Copydght Law and International Treaties. Unaulhodzed reproduction or distdbution of this AIA® Document, or any portion of F[, may resuk in 47 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_7 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739631) § 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 th or partial release ofre[ainage 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 year from the date of Substantial Completion, the Architect shall, without additional compensation, wnduct 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 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 [he 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 [o 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 famish 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 famish one set of the original bidding documents to the Contractor for [his 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 famish the Owner "As-built Record Drawings" on compact disk a[ 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 [he GMP Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's 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 [o 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 [hat insurance required by the GMP Documents [o 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 to the Owner, (3) a written statement [hat the Contractor knows of no substantial reason [hat [he 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 encumbrutces 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 [hat the Owner may be compelled to pay in discharging such claim, including all costs and reasonable attorneys' fees. § 10.2.3 If, after Substantial Completion 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 the Construction Manager or Architect so confirm, the Owner shall, upon application by the Contractor, or recommendation by the Construction Manager, and certification by the Architect, and without tenninafing the Contract, make payment of the balance due Init. AIA Document A295*"-2008. Copyright02008 byThe American Institute of Architects. All dgMS reserv®tl.WARNING: This AlA®DOCUment is protected by U. S. Copydght Law and International Treaties. Unauthodzed reprotluction or tlistribulion of this AIA Document, or any portion of it, may resuk in severe civil and criminal penalties, antl will be Drosecuted to the maximum extent possible antler the taw. This document was protluced by AIA software al / 14:22:47 on 03/12/2010 under Order No.1000398152_7 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 no[ fully completed or corrected is less than retainage stipulated in the GMP Documents, and if bonds have been famished, the written consent of surety to payment of [he balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor [o 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. § 10.2.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising 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 warranties required by the GMP Documents. § 10.2.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute 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 § 11.1 CONTRACTOR'S LIABILITY INSURANCE § 11.1.1 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 OCIIx is not expected to include any Workers' Compensation insurance coverage or professional liability insurance coverage. The OCU? will not provide any insurance coverage for the Project prior to 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 lawfully 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 [he 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 [hem may be liable: .1 Claims under workers' compensation, disability benefit and other similar 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 Conttactor's employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than to the Work itself, because of injury to or destruction 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. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in [he GMP Documents or required by law, 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 [he Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to [he 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 [he end of the Colorado statute of repose, whichever is longer. § 11.1.3 Certificates of insurance acceptable [o 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 [hereafter upon renewal or replacement of such coverage an[il the expiration of the time required by Section 11.1.2. Information concerning AIA Document A295*" - 2008. Copyright ©2008 DyThe American Institute of Architects. All rights reserved. WARNING: This AIA° Document is Drotecletl by Inrt. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may resuh in 49 severe civil and criminal penakies, and will be prosecuted to the maximum ertent possible antler the law. This document was producetl by AIA software al I 14:22:47 on 03/12/2010 under Order No.1000396152_1 which expires on 04/22/2010, and is not far resale. User NOles: (1781739831) reduction of coverage on account of claims paid under [he General Aggregate, shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the GMP Documents [o include (1) the Owner, the Construction Manager, the Architect and the Architect's consultants as additional insweds for claims caused in whole or in part by the Contractor's negligent acts or omissions during [he Contractor's operations; and (2) the Owner as an additional inswed for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contmctor's completed operations. § 11.1.5 Limits of Insurance: .1 Workers' Compensation insumnce to cover obligations imposed by applicable Colorado laws for any employee engaged in the performance of work under this contract, and Employers' Liability inswance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOU- SAND DOLLARS ($500,000.00) 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 [he 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 [o all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, XCU, independent contractors, 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 insumnce 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 insumnce 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: Failwe on the part of the Contractor [o procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which Owner may immediately temtinate 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 cost of the premiums against monies due from Owner. § 11.1.7 Insurance Polities: 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 occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Ac[, Section 24-10-101 et seq., C.RS, as from time to time amended, or otherwise available to Owner, its officers, or its employees. §11.1.9 Owner's Insurance: The parties hereto understand that [he Owner is a member of the Colorado Intergovern- mental Risk Sharing Agency (CIItSA) and as such participates in the CIItSA Property/Casualty 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 to specific coverages offered by CHtSA. 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 AIA Document A295TM - 2008. Copyright ©2008 by The American Institute of Architects. All dgtds reserved. WARNING: This AIA® Document is protectetl by Inlt. U. S. Copyright Law and International Treaties. Unauthorized reprotluclion or distribution of this AIA® Document, or any portion of it, may result in 50 severe clvll antl criminal penalties, antl will be prosecuted to the maximum extent possible under the Iaw.This document was protluced by AIA software at / 14:22:47 on 03/1212D70 untler Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) § 11.20WNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing 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 wmpanies 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 Modifications, Amendments, and cost 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 ageed 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 the Owner has an insurable 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 insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance 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 insured loss. (Paragraph deleted) § 11.3.1.3 If the property insurance requires deductibles, the Contractor shall pay costs not covered because of such deductibles. § 11.3.1.4 This property insurance 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 [o such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps [o 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 purchase and maintain boiler and machinery insurance required by the GMP Documents or by law, 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 [he Work, and the Owner and Contractor shall be named insureds. § 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. § 11.3.4 If the Contmc[or 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 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 instuance 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 A295TM -2008. Copyright®2008 byThe American Institute of Amhitects. All rights reserved. WARNING: This AIA® Document is protecletl by Init. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may resuh in 51 severe civil and criminal penahies, antl will be prosecutetl to the maximum extent possible under the Iaw.This document was produced by AIA software al / 74:22:47 on 0 3/1 22 010 under Order No.1000396152_1 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, Constmction 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 this Section 11.3, except such rights as they have to proceeds of such insurance held by the Owner. The Owner or Contmctor, as appropriate, shall require of the Architect, Architect's consultants, Construction Manager, separate contractors 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 subrogaton by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though [hat 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 in 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 [o 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 similar manner. § 11.3.8 The Owner shall deposit ht 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 [hereunder, each in the amount of the full Contract Sum for Preconstmction Services, on the date of execution of the Contract. Upon acceptance of the Guaranteed Maximum Price by the Owner and execution of [he GMP Amendment, such bonds shall be increased to an amount equal to [he Guaranteed Maximum Price plus Preconstruction Services. Such bonds shall be issued by a surety company licensed in Colorado, with an A.M. Best rating of a[ leas[ A-, included on the U.S. Treasury Department's listing of approved sureties, and acceptable [o the 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 form 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, at the Owner's sole discretion, from subcontractors. If the Owner requests performance and payment bonds from subcontractors, then [he Owner will pay such actual, additional expenditures as Cost of the Work. § 11.4.5 The Contractor shall also famish maintenance bonds as required under the GMP Documents Init. AIA Document A295*" -2008. Copydght©2008 by The American Institute of Architects. All dghts reserv®d. WARNING: This AIA® Document is protected by U.S. Copydght Law and International Treaties. Unauthorized reprotluctlon or tlistdbution of this AIA Document, or any portion of it, may resuk in 52 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 antler Order No.1000398152_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 in the 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 [he other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 12.1.2 The Owner may, without consent of the Contmctor, assign the Contmct to a lender providing construction financing for the Project, if the lender assumes [he Owner's rights and obligations under the GMP Documents. The Contmctor 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 enfity, or [o an officer of [he 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, codes, 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 [he appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contmctor shall give the Architect timely notice of when and where tests and inspections are to be made so that [he Architect maybe 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 [o the Contractor. § 12.4.2 If the Architect, Owner or public authorities having jurisdiction de[emtine [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, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that [he 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 the 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 to the Architect. § 12.4.5If the Architect is to observe tests, inspections or approvals required by the GMP Documents, the Architect will do so promptly and, where practicable, at [he 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. AIA Document A295° -2008. Copynghtm 2008 by The American InstiMeof Architects. All rights reservetl. WARNING This AIA® Document is protectetl by Init. U.S. Copyright Law antl International Treaties. Unauthorized reproduction or distribution of this AIA® Documem, or any portion of k, may resuk in 53 severe civil antl criminal penaales, 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_i which expires on 04/22/2010, and is riot for resale. User Notes: (1781739831) § 12.5 INTEREST Payments due and unpaid under the GMP Documents shall bear interest from the date payment is due at the legal rate prevailing in 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 Contractor 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 [he Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. 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 [he 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 [he 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 circumstance of [he act, omission, or event complained of; a concise statement of [he 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 Con[mctor shall proceed diligently 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 Initial 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 [o 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 similaz 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. § 13.1.5 CLAIMS FOR ADDITIONAL TIME § 13.1.5.1 If the Contractor wishes [o 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 [he Work. In the case of a continuing delay, only one Claim is necessary. AIA Document A295^' -2008. Copyright®2008 byThe Amedcan Institute of Architects. All rights reservetl. WARNING: This AIA® Document is protected by Inrl. U.S. Copyright Law and International Treaties. Unauthodze0 reproduction or distribution of this AIA® Document, or any portion of h, may result in r~ 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 0 311 2/2 01 0 under Order No.1000396152_1 which expires on 04/22/2010, and is not For resale. User NOtes: (1781739831) § 13.1.5.2 If 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 construction. § 13.1.5.3 Extensions of the Contract Time for delays due to weather conditions maybe 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 Contractor, for the project area. Extensions of time due to weather will be granted on the basis of one-and-four-tenths (1.4) calendar days added for every working day lost, with each separate extension figured to the neazest 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 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 refereed 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 [o 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 Lritial Decision Maker will review Claims and within ten days of [he 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 Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial 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 In evaluating Claims, the Initial Decision Maker may, but shall no[ be obligated [o, 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 to a Claim or to famish 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 furnished 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 part. § 13.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating [hat 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 no[ serving as the Initial Decision Maker, of any change m the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, ifthe 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 in 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, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. AIA Document A285TM -2008. Copydghte 2008 by The Amedcan Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by Init. U.B. Copydght Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of h, may result in rJ5 severe civil and criminal penalties, and will to prosecuted to the maximum extent pouible under the law. This document wasprodaced by AIA sofhvare 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) § 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 m resolving the controversy. § 13.2.8If 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 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 litigation. Venue and jurisdiction for any 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 [he parties mutually agree otherwise, shall be administered by the Judicial Arbiter Group, Denver, Colorado, in accordance with Construction Industry Mediation Procedures m effect on the date of the Owner-Contractor Agreement A request for mediation shall be made in writing, delivered to the other party to the Conhac[, and filed with the person or entity administering the mediation. 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 mediation 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 coopemte and coordinate. The Contractor shall cooperate with the Owner and the Owner's stakeholders throughout the Project when requested by the Owner. .1 The Contmctor shall participate once per month in a progress meeting with the Owner, including a walk-through of the site. 2. The Owner may request [ours 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 & 2478.5.101 § 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 the 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 certain 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 progmm" 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 States Department of Homeland Security and the social security Administration, or its successor program. 2 "Department program" means the employment verification progam established pursuant to Section 8-17.5-102(5)(c). .3 "Public Contract for Services" means this Agreement. 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 and International Treaties. UnaMhodzed reproduction or distdbution of this AIA® Document, or any portion of it, may resuh in rJs severe civil antl criminal Denalties, and will be proseculetl to the maximum extent possible under the Iaw.This Document wasproducad 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 NMes: (1781739831) .4 "Services" means the famishing of labor, time, or effort by a Contractor or a subcontractor not involving [he delivery of a specific end product other than reports that aze 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 program in order to verify [hat new employees are not illegal aliens. § 15.4 Contractor hereby confirms that: .1 Contractor shall not knowingly employ or contract with an illegal alien [o 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 hired for employment [o perform work under [he public contract for services through participation m either the e-verify program or the department progam. .4 Contractor shall not use the either the e-verify program or the department program procedures [o undertake pre-employment screening ofjob 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: .I Notify such subcontractor and the Owner within three days that Contractor has actual knowledge that [he subcontractor is employing or subcontracting with an illegal alien; and .2 Terminate [he 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 [o 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 [he authority established ut Subsection 8-17.5-102 (5), C.R.S. .7 If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.RS. the Owner may temllnate 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.R.S. (Paragraphs deleted) AIA Document A295TM -4008. Copyright®2008 byThe American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by Init. U.B. Copyright Law and International Trestles. Unaulhodzed reproduction or distdbution of this AIA® Document, or any portion of it, may resuN in rJ7 severe civil antl criminal penaNles, and will ba prosecuted to the maximum extent possible under the Iaw.This document was produced by AIA software at t 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) Additions and Deletions Report for AIA Document A295rM - 2008 This Addkions and Deletions Report, as defined on page 1 of the associated document, reproduces below all teat the author has added to the standard form AIA document in order to complete it, as well as any tent the author may have added to or tleletetl from the original AIA text. Adtletl tent is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Atlditions and Deletions Repon is provided for information purposes only antl is not incorporated into or constkute any part of the associated AIA document. This Adtlitions 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 Hatmonv Road Aspen, Colorado City of Aspen 130 South Galena Street Aspen, Colorado 81611 THE ARCHITECT: OZ Architecture 1805 29'" Street. Suite 2054 ""°"'° '°^°' °'°^~° °°'' _aam°°'BouldeG CO 80301 Phone: (303)449-8900 Fax: (303)449-3886 Contact: Eduardo Illanes eillanes(cT,ozarch.com iwr^^-° '°°°' °'°` ~° °_a ...,a_°°°`Haselden Construction 6950 South Potomac Street Centennial CO 80112 (303)751-1478 Contact: Bvron Haselden bvronhaselden(a'~,haselden.com THE CONSTRUCTON MANAGER: Rider Levett Bucknall 1621 Eiehteenth Street, Suite 255 Denver, CO 80202 Phone: (720) 904-1480 Fax: (920)904-1481 Contact: Peter Knowles Peter.lmowles(a)us.rlb. com THE COMMISSIONING AGENT: Atldkions antl Deletions Report for AIA Document A295TM -2008. Copyright©2008 by The American Institute of Architects. All dghts reserved. WARNING: This AIA® Document is protectetl by U.S. Copydght Law and International Treaties. Unauthodzed reproduction or distdbution of this AIA® Document, ~ orany portion of k, may result in severe civil and cdminal penakies, and will be prosecutetl to the maximum extern possible under the law. This document was produced by AIA software a114:22:47 on 03/17/2010 under Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User Notes: (1781739831) Engineering Economics, Inc. 780 Simms Sffeet Suite 210 Golden, CO 80401 Phone: (303)239-8700 Fax: (303)239-9982 Contact: Jartell Wenger PAGE2 rAero n~~AOr~~MABLE OF ARTICLES PAGE 11 ,.., Burlineame Ranch Phase B: Planning, design and development for the Ciri of Aspen's Burlineame Ranch Phase II affordable housine development, including a new affordable housine facility similar to Burlineame Ranch Phase including new construction of roads. infrastructure and 161 additional multifamily units plus platting for 6 single family lots consists of 84 mulfifamily 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 ~Yerle Conhactor at Risk with the help of the IPD team as described herein Design phase milestone dafes,-i€~aRy-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 Implementafion Phase: Requires future Ciri Council approval and future Addendum Due date for public funding ballot question approval by Ascen Ciri Council August 30 2010 Public ballot question on bond funding: November 2.2010 Addhions antl Deletions Report for AIA Document A295" -2008. Copyrighl02008 by The American Institute of Architects. All rights resarvatl. WARNING: This AIA® Document is protectetl by U.S. Copyright Law and International Treaties. Unauthorized reprotluction or distribution of this AIA® Document, 2 or any portion of h, may result In severe civil and criminal penalties, antl will be prosecuted to the mazlmum extent possible untler the law. This Document was produced Dy 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) Horizontal: TBD Vertical: TBD PAGE 12 TBD .4 Other: Final Completion TBD n :... _. W G __ ,...a .. _,. ,.r_,,,,,,, ,,,,,,,,,,,,,,,,,,t,,,.,,., l The Owner anticipates [hat the Project will be constructed in 4 different phases of approximately 40 units per phase. However the Project phasine is subject to further development durine the Preconstruction Phase and could be revised a[ a later date. Aspen Fire Protection District Aspen - Pitkin Efficient Building Proeram Department of Enerev Building America Standards (most current version Pitkin Countv Drainage and Erosion Control Plan Aspen Engineering Departrnent Construction Manaeement Plan Project Manager: Chris Everson Ciri of Aspen 130 South Galena Street Aspen. Colorado Construction Manager: Peter Knowles Rider Levett Bucknall 1621 Eighteenth Street, Suite 255 Denver, CO 80202 Phone:720-904-1480 Fax: 720-904-1481 Atltlklons and Deletions Report for AIA Document A295TM -4008. Copydght02008 by The American InsOtute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.B. Copydght law and International Treaties. Unauthodzed reproduction or tlistdbution of this AIA® Document, 3 or any portion of k, may resuk 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 untler Order No.1000396152_1 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: Commissioning Agent Engineering Economics, Inc. 780 Simms Street. Sui[e 210 Golden CO 80401 Phone: (303)239-8700 Fax: (3031239-9982 Contact: Jarrell Wenger Jarcell. Weneer(a)eeieneineers. com .3 Other: Material Testing Firm TBD .4 Other: Entitlements Consultant TBD PAGE 13 Eduardo Illanes OZ Architecture 1805 29`" Street, Suite 2054 Boulder, CO 80301 Phone: (3031449-8900 Fax: (3031449-3886 a 5~;~: ~~' ;.7 Structural Engineer: Monroe & Newell Engineers, Inc. 619 Main Street Suite 7 Frisco, Colorado 80443 970-668-3776 Contact: Peter Monroe, Partner PMonrce(cD,monrce-newel I. com ABS Consultants Inc. 1530 16th Street, Suite 400 Additions and Deletions Report for AIA Document A295TM -2008. Copyright©2008 by The American InstiNte ofArchitecls. All rights reserved. WARNING: This AIA® Document is protected by U.S. CopyrtgM Law and International Treaties. Unauthortzetl reprotludion or tlislrtDUtion of this AIA® Document, 4 or any portion of tt, may result in severe civil and crtminal penalties, and will be prosecuted to the maximum extent possible untler the law. This Document was produced by AIA sotiware at 14:22:47 on 03/12/2010 under Ober No.7000396162_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) Denver, Colorado 80202 303-623-6200 Contact: Marc Able, P.E., Partner mable(ct~absconsultants. com ABS Consultants, Inc. 1530 16th Street Suite 400 Denver, Colorado 80202 303-623-6200 Contact: Marc Able, P.E., Partner mable(n,absconsultantacom .4 ^TOther: Civil Eneineer amine Enarreerine. Inc. 34510 Hiehwav 6, Unit A9 Edwards, Colorado 81632 970-926-3373 Contact: Kent Kriehn, PE-LS, Principal kriehn(a,alpinecivil.com .5 Other: Land Planner Desien Workshop 120 Main Street Aspen, Colorado 81611 970-925-8354 Contact: Richard Shaw, FASLA, Principal rshaw@desierrworkshop.com .6 Other: Landscape Architect Mt. Dalv Enterprises, LLC 100 North Third Street, #102 Carbondale, Colorado 81623 970-963-9896 Contact: Julia Marshall, ASLA, Principal mtdalvt7nsopris.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~u,dlaa.com .8 Other: WateroroofineConsultant Atltlitions antl Deletions Report for AIA Document A295TM -2008. Copydghtm 2008 by The American Institute of Architects. All dghts reserved. WARNING: This AIA® Document is protected by U.S. Copydght Law and International Treaties. Unauthorized reprotluction or tlistribution of this AIA® Document, rJ or any portion of il, may resuk in severe civil and cdminal penaaies, and will be prosecuted to the maximum eztenl 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: (1781739837) Professional Investigative Engineers 6275 Joyce Drive, Suite 200 Arvada, Colorado 80403-7541 303-552-0177 Contact: Eric Amhaus, Department Manager eemhausncallpie.com .9 Other: Planning Facilitator: Vann Associates 230 East Hopkins Avenue Aspen, Colomdo 81611 970-925-6958 Contact: Sunny Vann. Principal vannassociates@comcast.ne[ PAGE 15 Haselden Construction 6950 South Potomac Street Centennial, CO 80112 (3031751-1478 Contact: Byron 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 aze the graphic and pictorial portions of the criteria design, detailed design, 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 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. Atldhions antl Deletions Report for AIA Document A295^' -2008. CopNightm 2008 by The American Institute of Architects. All rights ressrved. WARNING: This AIA® Documem is protected by U.S. Copyright Law antl International Treaties. Unauthorized reproduction or tlistribution of this AIA® Document, s orany portion of it, may resuN in 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 03/72/2010 under Order No.1000396152_1 which expires on 04Y22/2010, and is no[ for resale. User Notes: (1781739831) Instruments of Service are representations, inany medium ofexpression now known or later developed, of the tangible and intangible creative work provided by the Constmction Manager, Architect, the Architect's consultants, the Contractor, Subcontractors, or Sub-subcontractors under their respective ageements. Instuments 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 Confiact may be amended or modified only by a Modification. The GMP Documents shall not be cons[med 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 Constmction Manager or Construction Manager's consultants (5) between any persons or entities other than the Owner and the Contractor. , r'__._._.:_....,a,.a.,,s,,.: c....e ..e_r ...........,e ~c.r.e "_..r,:.e...,.. a...: e.. 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 [he 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 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 Ageement, A195-2008, Standard Form of Ageement Between Owner and Contractor for Integrated Project Delivery. § 1.4.1 The intent of the GMP Documents is to include all items necessary for [he 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 required by all; performance by the Contractor shall be required eRly-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 coordinafion of the GMP Documents are as follows: .1 Addendum and modifications to the Drawings and Specifications take precedence over the orialnal 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 provide the 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 orvice-versa, shall be famished as though specifically shown and mentioned in both without any extra charge. .4 The Drawings, for purposes of clearness and legibility, are essentially diagrammatic, and although the sizes and locations of euuipment are shown to scale wherever possible, the Contractors, both principal and subcontractors, are required to familiarize themselves with all the Work reauired by the Contract Documents Each Contractor shall properly coordinate his/her work with that of all other contractors. It is not within the scope of the Drawings to show all necessary offsets, obstmctions 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 Addaions and Deletions Report for AIA Document AT96" -2008. Copyright ®2006 by The American Institute of Architects. All rights reservetl. WARNING: This AIA® Documem Is protectetl by U.S. Copydght Law antl International Treaties. Unauthorized reproduction or tlistdbution of this AIA® Document, ~ or any portion of it, may resuh in severe civil antl cdminal penalties, antl will be prosecuted to the maximum eztenl 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 ezpires on 04/22/2010, antl is not for resale. User NOtes: (1787739831) to the structwe Any conflict within the Drawings shall be referred to the Architect for disposition prior to the installation of any affected work. 5 Figwed dimensions contained in the Contract Documents shall be accurately followed, even though they differ from scaled measwements. No work shown on the mans, the dimensions of which are not fiewed, shall be executed until instructions have been obtained from the Architect as to the dimensions to be used. larger scale Drawings shall have preference over smaller scale drawings but discrepancies shall be referred to the Architect for in[emretation. PAGE 17 The Construction Manager, Construction Manager's consultants, Architect, Architect's consultants, Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers aze authorized, solely and exclusively for use m completion of the Project, to use and reproduce the Instruments of Service provided to them. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Architect, Architect's 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 [his 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 sha~mav utilize a Model as an Instrument(s) of Service to the ~tenEextent 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, Consttuction Manager, Architect and Contractor shall, at [he earliest practical moment, meet and delineate the types of software to be used on the Project and establish protocols, standazds and tolerances as may be required for the proper execution of the Work. The Owner, Construction Manager, Architect and Contractor 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 E201rM-2007, or a similaz 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 require that its consultants and contractors maintain professional liability insurance and other liability inswance, 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 [he Owner's approval or ~authoriza[ion except for the approval of increases in [he Contract Sum or Contract Time and the execution of Amendments and Change Orders to the Agreement. Amendments or Chance Orders shall not be binding on the Ciri except as follows: § 2.1.1.1 Amounts under $5,000 require only Department Head signature; 6 2.1.1.2 Amounts between $5 000 and $10,000 require Citv Manager sienatwe; § 21 13 Amounts between $10 000 and $25 000 require City Attorney and Ciri Manager sienatwe; § 21 14 Amounts over $25 000 require City Council approval and signatwe by the Mayor or a duly authorized official in his absence. Addhions antl Deletions Report for AlA Document A295r" -2008. Copyrighl02008 by The American Institute of Architects. All dghts reservetl. WARNING: This AIA® Document is Drotecled by U.S. Copyright Law and International Treaties. Unauthodzetl reprotluction or tlistdbution of this AIA" Document, $ or any portion of a, may resua in severe civil and criminal penalties, arW will be prosecutetl to the maximum extent possible under the law. This tlocument was produced by AIA software at 14:22:47 on 03/12/2010 untler Order No.1000395152_t which expires on 0422/2010, ant is not for resale. User NOtas: (1781739031) The term "Owner" means the Owner or the Owner's authorized fepreseRtati~v~representative except as otherwise indicated above. § 2.7.2 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 informaton 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 ser~ises-services. § 2.7.3 The Construction Manager ,Architect and Contractor shall be entitled to rely on the accuracy and completeness of information furnished by the Owner. § 2.2.2 Prior to the establishlncwEexecution of the Guaranteed Maximum o"~_, 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 Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the 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 no[ materially vary such financial arrangements without prior notice to the Construction Manager ,Contractor and Architect. PAGE 19 Contractor shall be reauired to correct env deficiencies identified by the Commissioning Agent § 2.2.10 The Owner shall furnish the services of a Material Testing Firm who will Drovide inspections and material testing reports during the construction phase 2.3 CONSTRUCTION MANAGER 4 2 31 The Construction Manager is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number The term "Constmction Manager" means the Construction Manager or the Constmction Manager's authorized representative Atltlitions and Deletions Report for AIA Documem A295*" - 2008. Copyright m 2008 by The American Institute of Architects. All N9hts reserved. WARNING: This AIA® Document is protected by U.S. Copydght Law antl International Treaties. Unaulhodzetl reprotluction or distdbution of this AIA® Document, 9 or any portion of it, may resuH in severe civil and criminal penaHies, and will De prosecmed 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, and is not for resale. User NOtes: (1781739831) § 2.2.3 The Owner shall establish and periodically update the Owner's budget 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 the Work, the Owner shall notify the Architect and Contractor. The AwNeFOwner, Construction Manager, and the Architect and Contractor shall thereafter agree to a corresponding change in the Owner's Budge[ for the Work or in the Project's scope and quality. § 2.3.2 The Construction Manaeer will not be responsible or liable for the acts or omissions of the Architect Conttactor, 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: $ 2.3.3.1 Review all chanties proposed by the Contmctor, Architect or Owner and make recommendations reearding schedule and cost implications: § 2.3.3.2 Establish and maintain a complete on-site library of all Contract Documents. approved shoe drawines, and approved material samples; § 2.3.3.3 Schedule and conduct iob meetines [o be attended by the Contractor and representatives of the Owner and Architect to discuss such matters as Drocedures, proeress, problems and scheduline. Construction Manaeer shall prepare and distribute minutes of such meetines. § 2.3.4 The Construction Manaeer shall make a review of [he Work at such intervals necessary to discharee its duties to the Owner. § 2.3.5 The Construction Manaeer shall meet with the Contractor to prepare and update the Master Proiect Schedule usinti information from the Contractor's Construction Schedule. PAGE 20 § 3.2.3 The Architect °'-°" ,,_ °_~"°a '° -°'° °- "-° °°°°_°°~ ,._,, °°---'°'--°°° and Construction Manaeer acknowledee the Contractor does not warrantor euarantee the accuracv of [he Contmc[or's Estimates, as that term is defined in Section 4.2.3, m ~A° A...3.:~°..~.,...,....°....°.. .:~1. ~L°.,..°...,...,~:.. ..Cal.°!`..:a.,.... Tl....:.~.' Tl.,~.,a.,d T.,..:... ....d ..._'°'°..°,, :_ a.° ~,._~..,.~__', r:..:.,:°. ~ T'-° °xcept as maybe included in the GMP. The Construction Manaeer and Architect shall review the Contractor's Estimates solely for the Construction Manaeer's and Architect's guidance in completion of its services, however, the Construction Manaeer 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 emDlovees shall comply with all PAGE 21 § 4.1.2 If the employment of the Contractor is terminated, the Owner shall employ a successor contractor as to whom [he t>.•rehiteetftas-Construction Manatier and Architect have no reasonable objection and whose status under the GMP Documents shall be that of the Contractor. § 4.2.3 The Contractor shall provide estimating services throughout the design of [he Project as specifically required in Articles 5, 6 and 7, and at other various times 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 [he compensation of the Arehite~et; Architect or Construction Manaeer the costs of the land, rights-of--way, financing, contingencies for changes in the Work, or other costs that are the Adtlalons antl Deletions Repoli (or AIA Document A295^' -2008. Copyright©2008 by The American Institute of Architects. All fights reserved. WARNING: This AIA® Documam is protected by U.S. Copyright Law antl International Treaties. Unauthorized reproduction or tlistribution of this AIA® Documem, 1 Q or arty portion of a, may resuh in severe civil and criminal penakies, and will be prosecuted 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.1000396152_7 which ezpires on 04/22/2010, arxl is not (or resale. User Notes: (1781739831) 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 Implementation 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 [he Owner's acceptance. The Contractor shall advise the Owner and Architect if it appeazs that any of Contractor's Estimates may exceed [he Owner's most recent Budget for [he Work and, in consultation with the Constmction Manager and the Architect, make recommendations 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 the GMP Documents for a portion of the Work or unless [he 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 are specifically required of the Contractor by the GMP Documents, the AwRer~d-E4teArchi[ect 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 Dmwings 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 AwweFOwner, 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 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 Contract Documents. PAGE 22 § 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 arrive at a mutual understanding of those requirements. The Architect shall present its preliminary evaluation [o the n~°. Owner Construction Manager, Commissioning Agent, and Contractor and discuss possible alternative approaches to design and construction of [he Project, including the s ....:~:~:.., ..c:_..,._..°_°.:__ °...:_°.....°.,.°.... -°,._°....:,.r° ,,°,.:..., °___°..°,..... inco oration of environmental) res onsible desi a roaches ursuant to the A en/Pitkin Efficient Buildin Program and Department of Energy "Building America" criteria. The Architect shall reach an understanding with the AwneFOwner, Construction Manager, Commissioning Agent, and Contractor regarding the requirements of the Project. § 5.2 fgr;ErtlR-es-prasfic-able,-Within two weeks of execution of [he Architect's Agreement, the Architect shall submit to the AwfleFOwner, Construction Manager and Contractor a proposed schedule of the Architect's services for °°'~~°~°- ~° "-° °~°~°°• °°'-°a°'°. review, approval and subseuuent 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 tney eeeur; shall occur in 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, aRd-(3) for review, modification and approval of submissions by authorities havingjurisdiction over the ~rejeeFProiect, and (41 value engineering. § 5.3 The Oen&aeteFConstruction Manager shall prepare and periodically update a I§ejest-ssbedulaMaster Project Schedule in collaboration with the Contractor and the Architect. The Frejeet ssheda4e-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 Project's timely completion. Atltlitions antl Deletions Report for AIA Document A295*" -2008. Copydghtm 2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protectetl by U.S. Copyright Law and International Treaties. Unauthorized reproduction or tlistdDUtion of this AfA® Document, ~ ~ or any portion of h, may result in severe civil antl cdminal penakies, and will he 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_i which expires on 04/22/2010, and is not (or resale. User Notes: (1781739831) § 5.4 Once the Owner, Architect and Contractor agree to the time limits established by [he ~Mas[er Proiect Schedule, the Owner, Architect and Contractor shall not exceed them, except for r~seRebleeanse-excusable delavs• § 5.5 The "-°`~.`°°` "onstruction Manager. Architect, Commissioning Agent, and Contractor shall provide a preliminary evaluation of the Owner's program and Budget for the Work, each in terms of the other as well as recommendations, if any, with regard to accelerated or fast-hack scheduling, procurement, efficient building design, or phased construction. The preliminary evaluation shall take into consideration cost information, conshvctability, and procurement and construction scheduling issues. To the extent pessibkrmu[ually agreed, the information shall be integated into the Model. § 6.1 T'-° "-°w°°°` ~- -°-°°'"•'~°- °°" No later than [he date identified in the Master Proiect Schedule, the Architect, in consultation with the Construction Manager ,Commissioning Agent and the Contractor, shall prepaze and present for the Owner's approval a preliminary design illustrating the scale and relationship of the Project components. § 6.2 Based on [he Owner's approval of the preliminary design, the Architect, in consultation with [he Construction Manager ,Commissioning 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, 1€ agpeepeate,-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 program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and Budget for [he Work. ''"-° ^°-°- ^~°• °"°~° °'`°- PAGE 23 § 6.3 During the Criteria Design Phase, the Architect shall meet with the AwneFOwner, the Construction Manager , [he Commissioning Agent and Contractor as appropriate to the progress of the 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 prepare a procurement schedule for items that must be ordered well in advance of construction. If [he Owner agrees to procure any items in the Contractor's scone 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 °-'°-'-"~.~rrs.,..,~.,`--°-•' 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 [hem. § 6.6 A[ the conclusion of the Criteria Design Phase, [he Owner, ArelrtEeeFCons[rnction Manager, Archi[ecL Commissionin~€ 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 I2rejeeE °°'~, a••'~. Contractor's Construction Schedule. § 6.7.1 If revisions to the Criteria Design Documents are required to comply with [he Owner's Budget for the Work at [he conclusion of the Criteria Design Phase, the Architect shall consult with the 9wweFOwner, Construction Manager, Commissioning Agent, and Contractor to determine appropriate solutions. The Architect shall then incorporate any agreed-upon revisions during the Detailed Design Phase. Additions and Deletions Report for AIA Document A298TM -2008. Copyright02008 by The American Institute of Architects. All rights reservetl. WARNING: This AIA® Document is proteQed by U.B. Copydght Law and International Treaties. Unauthodzetl reproduMion or distribution of this AIA® Document, 12 or any portion of it, may resuh in severe civil antl cdminai penaaies, and will be prosecuted to tha maximum extent possible under the law. This document was produced by AIA software at 14:22:47 on 03/12/2010 under Ober No.1 000 39615 2_7 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) § 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 Budge[ for the Work pursuant to Section 2.2.3, the Architect, in consultation with [he 9wReFOwnec Construction Manaeer, the Commissionine Aeent and Contractor, shall prepaze Detailed Design Documents for the Owner's apprevNl-approval no later than the date idenfified in the Master Proiect Schedule. The Detailed Design Documents shall illustrate and describe [he development of the approved Criteria Design Documents and shall consist of drawings, other documents and [he Model. § 7.2 During the Detailed Design Phase, the Architect shall meet with [he AwRefOwner. Construction Manaeer, the Commissionine Aeent, and Contmctor as appropriate and necessary to the progress of the design to review the Detailed Design Documents. § 7.3 Prior to [he conclusion of the Detailed Design Phase, the Contractor shall furnish to the Owner Construction Manaeer, and Architect a list of possible Subcontractors and material suppliers. § 7.4 The Contractor shall provide updates to the Contractor's Estimate and the ;?rejesEContmctor'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 Subcontractors and material suppliers to provide additional information as needed to coordinate systems, inekrdiRgincludine, but not limited to, mechanical, electrical, plumbing and stmc[ural, and to verify tolerances. .2 in consultation with the "-~.LO,t~°~Architect, the Construction Manaeer, and Contractor, revise the Project program, scope, or quality as required to bring the Contractor's Estimate within the Owner's Budget for [he Work; or PAGE 24 § 7.5 At the conclusion of [he Detailed Design Phase, the Architect shall submit Detailed Design Documents consistent with the Owner's Budge[ for the Work to the ^••_°-.o...,~-Owner and Construction Manaeer. The Owner Construction Manaeer, Architect and Contractor shall meet [o review the Detailed Design Documents. § 7.6 Upon [he Owner's acceptance of the Detailed Design Documents, the Contractor shall prepare a Guaranteed Maximum Price proposal for the Owner's and Construction Manaeer's review and Owner's acceptance. .4 The proposed Guaranteed Maximum Price, including a statement of [he estimated cost with a level of detail, in a format. and summarized as mutually aereed 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. § 7.9 The Contractor shall meet with the OwtteFOwner, Constrnction Manaeer, and Architect to review the Guazanteed Maximum Price proposal. In the event that the 9wRer-Owner, 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. § 7.10 Once accepted by the Owner, the Guazanteed Maximum Price, including the written statement required under Section 7.8 as appropriate, shall be se[ forth in an amendment to the Owner-Contractor Agreement, a copy of which amendment the Owner shall provide to the Construction Manaeer and Architect. Upon the Owner's acceptance of the Guazanteed Maximum Price proposal, the Detailed Design Documents upon which the approved Guaranteed Maximum Price is based shall become part of the GMP Documents. Atldhions antl Deletions Report for AIA Document A295TM -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 Treaties. Unauthorized reprotluction or distribution of this AIA® Document, 13 or any portion of k, may result in severe civil antl criminal penaNies, antl will be prosecuted to the maximum extent possible untler the law. This document was produced by AIA software at 14:22:47 on D3/12/2010 under Order No.1000396152_1 which expires on 04/22/2010, antl 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 not reasonably inferable from earlier documents maybe determined by any of the methods listed in Section 9.21.3.3. § 7.10.2I€naA specific provision is made in the caner-Contractor Agreement for adjustment of the Contractor's Fee in the case of changes in the "'--" ^-'c'"° °° °^• ^c^••-" -"°- Work PAGE 25 § 8.2 The Contractor shall coordinate with Subcontractors and material suppliers to obtain finalized cost information and schedules for their scopes of work and to ensure that the Implementation Documents include complete, sufficient and unambiguous information for completion of [he 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. § 8.7 At the conclusion of the Implementation Documents Phase, the Owner, Constmction Manager. Architect and Contractor shall meet to review the Implementation Documents. Upon the Owner's approval of the Lnplementation Documents, they shall become part of the GMP Documents and shall take priority over the Detailed Design Documents. 6 8.8 Fire Protection and Life Safety Systems: All life safety systems and building assemblies shall be designed by a time of pemu[ submittal It is the Contractor's sole responsibility to ensure the fire protection sprinkler system is compatible with the water system pressures existing at the Project site. § 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 the Construction 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 6eatraeteFContractor, 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 the Owner to cooperate with [he "-~.",~~'--• 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 famish at all times an adequate supply of workers and materials; and [o perform its services in an expeditious and economical manner consistent with the Owner's interests. PAGE 26 § 9.2.2 Because the GMP Documents are complementary, the Contractor shall, before starting constmcdon of each portion of the Work, carefully study and compare [he various GMP Documents relative to that portion of the Work, as well as the information famished by the Owner pursuant to Section 2.2.5, shall take field measurements 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 Additions and Deletions Report for AIA Document A295TM -2008. Copydght02008 by The American Institute ofAmhitecLS. 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, 14 orany portion of it, may resuk in severe civil antl 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_1 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 [he Architect may reQuir~reouire, with a copy to the Construction Manager. § 9.2.3 The Contractor is no[ required to ascertain that the GMP Documents are 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 nonconfomvty discovered by or made known to the Contractor as a request for information m such form as the ArsltitesER3ay retjxir~Constmction Manaeer and Architect mutually agree. § 9.3.2 The Contractor shall provide monthly written reports to [he Construction Manaeer, Owner and Architect on the progess 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 Manaeer or Owner may reasonably require. The log shall be available during all hours of operation on site to the Construction Manaeer. 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 O:..~ :.-. ; "--`ate of ;r,n;-:m';-Construction Manaeer, Owner and Architect in writing at regular intervals, but in no circumstances less often than monthly. § 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 incorrect or faulty work is corrected immediatelK § 9.3.7 The Contractor shall have weekly meetings for the coordination of all mechanical and electrical activities The Construction Manaeer and Architect's consultants may be invited to attend by the Contractor as appropriate 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, [he Contractor may not make substitutions ~•~°~.n:-o,"~° without the written consent of the Owner, after evaluation by the Architect and the Construction Manaeer and in accordance with a Change Order or Construction Change Directive. If the Contractor requests a material substitution after execution of the GMP Amendment, the Contractor shall retain liability for the performance of [he substituted materials or products and shall certify that the substituted materials or products are eoual to or better than the original materials or products All substitutions shall meet or exceed Department of Energy Building America and Aspen/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 not properly skilled in tasks assigned to them. The Owner may, by notice in writing, require the Conttactor [o remove from the 6 9.4.4 All work under this Contract shall be performed in a skillful and workmanlike manner in accordance with industry standards. Additions antl Deletions Report for AIA Document A295T" - 2008. Copyright ®2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law antl Intemalional Treaties. Unauthorized reproduction or distdbution of this AIA® Document, ~ 5 or any portion of it, may resuk in severe civil antl criminal penalties, and will be prosacutetl 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, antl is no[ For resale. User NOtes: (1781739831) Owner or Commissioning A ent. 9•s ~AX€STAX EXEMPTIr1u Owner's Federal Tax Identification Number is 84-6000563 PAGE 28 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 Contmctor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 days after first observance of [he conditions. The "" `"'>~r"° -Architect Owner and Construction Adtlklon® and Deletions Report /or AIA Document A285^' -2008. Copyright ®2008 by The American Institute o(Amhitects. All rt®hts reservatl. WgRNiNG: This Alq Document is protectetl by U.S. Copyright Law antl IMernatlonal Treaties. Unauthodzed reproduction or distrtbution of this AIA® Document, or arty portion of tt, may rasutt In severe civil antl crtminal penalties, antl will W prosecutetl to the maximum extent possible antler tha law. This User Notes: document was protluced by AIA software at 14:22:47 on 03/12/2010 under Ober No.1000396152_7 which expires on 04/22/2010, and is not for resale. 's (1781739831) Manager will promptly investigate such conditions and, if the Architect determines that they 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 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 Contract is justifided ~th e ~e Architects d fermi ation or recOom endahon~that party may writing stating the reasons. If either party P 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, archaeological sites or wetlands not indicated in the GMP Documents, the Contmctor shall immediately suspend any operations that would affect them and shall notify the Constructi~ ger• 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 instructed 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 § 9.9.7 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the ~1FWo^k +~ tnshe satlsfacion of the Archite t aned the Commissi n ng A ent. No subcontractor shall erform work on the sne wrurvu, ~~~ ~-~-°-- - Superintendent. The superintendent shall represent the Contractor, and communications given to the superinten en[ shall be as binding as if given to the Contractor. §pwner Construcrion Managerttandlthe Architect the name and qua) fications of a proposed superi~nte~dent. The Consttucti~ Q?r• ~chttec[ or the Owner may reply within 44fourteen (141 days to the Contractor in writing stating (1) whether the Constructi~~-^ ~ o s~ctionAMana cerhOwner or Archtec[trenguire additional t me to superintendent or (2) that the ~~tchitec~regtx+es- review. Failure of the Construction Manager Owner or Architect to reply wtthin the 14 day penod shall constitute notice of no reasonable objection. § 9.9.3 The Contractor shall not employ a proposed superintendent [o whom the Owner or Architect has made reasonable and timely objection. The Contractor shallreasonablg be withheldtor dea ed. oThe COontr c or shall nt, which shall not - _ _ ;_ .wee„p.,r the Srrnerintendent istemporarily absent due to illness vacation or anv other cause(s). ..• ~ .,,.r.eA.,la § 9 f,~=Construction Schedule forhthe Work comfit ant with the AGC'st Constru lion Scheduli uidelines. The schedule shall not exceed time limits ctrrent under the GMP Documents, shall be revised at appropriate iQQ, nth as required by the conditions of the Work and Project, shall be related to the its, Contractor's entire Work in the Proiec[ and shall provide for expeditious and practicable executmn of the Work. § 9.10.2 ""`"° ° ~~a-•'.rThe Contractor shall re e a submittal schedule as art of eac ase a ve promptly after the Owner's acceptance of the Guaranteed Maximum Pri ~e a„d nhManager's andeArchitect s approval. current submittal schedule, and shall submit the schedule(s) for the The Construction Manager's and Architect's approval shall not unreasonably Constru lion Schedule Tand (2) allow) schedule shall (1) be coordinated with the Contractor's ~-"'" ~~ the Architect reasonable time to review submittals. If ~•f..~.^~-the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any Addhions and Deletions Repoli for AIA Document A295TM -2008. Copyright02008 by The American Institute of Architects. All fights reserved. WARNING: 17 This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAm Document, or any portion of it, may result in severe civil and criminal penaHies, antl will be prosecuted to the maximum extent possible under the(~?w81739831) document was producetl by AIA software at 14:22:47 on 03112/2010 under Order No.1000396152 1 which expires on 04/22/2010, antl is not for resale. User Notes: 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 aze not GMP Documents. 9.10.3 The Contractor shall erform the Work in °--°_ ~ :.,, .,.e ....... _..._..__ a.._ti,._ , ,,,,,,,, ,, ,, P s . ..........:...~ . accordance with the most recent Contractor's Construction Schedule approved by the Construction Manaeer .Owner and Architect ~ 9.10.6 The Contractor shall cooperate with the Construction Manaeer in scheduline and perfotmine 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. S 9.10.7 The Construction Manaeer, toeether with the Contractor. will monitor the Master Proiect Schedule, and incomorate the Contractor(s) updates to their portions of this overall schedule 6 9.10.8 The Contractor will produce a short interval schedule on major weekly work activities At each weekly job meetine this schedule will be reviewed by the Contractor with all affected Subcontractors and the Construction Manaeer. 6 9.10.9 Delivery and Storaee. The Contractor shall exercise due dilieence in seeine that all equipment material and supplies are delivered in advance of the time they are needed on the job. PAGE 30 The Contractor shall maintain at the site with the Construction Manaeer for the Owner one copy of the GMP Documents, in 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. § 9.12.5 The Contractor shall review for compliance with the GMP Documents, approve and submit to the "-~"°°` Architect with a copy to [he Construction Manaeer, Shop Drawings, Product Data, Samples and similar submittals in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as [o cause no delay in the Work or in the activities of the Owner or of separate contractors. discrepancies in dimensions in a timely fashion and notify the Owner and Construction Manaeer of these prior to commencine any work affected by the ambieuous dimensions. No extra chazee or compensation shall be allowed because of differences between actual measurements and the dimensions indicated on the drawines. Atltlitions and Deletions Report for AIA Document A295•" -2009. CopNight02008 by The American Institute of Amhitects. All rights reservetl. WARNING: This AIA® Document is protectetl by U.S. Copyright Law and IMemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, 18 or any portion of a, may resuh In severe civil and criminal penalties, antl 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 Ortler No.1000396152_i which expires on 04/22/2010, ant is not for resale. User NMes: (1781739831) 4 9.10.5 Uoon acceptance by the Construction Manaeer and all Contractors, the Master Project Schedule shall supersede previously submitted schedules Each undated Master Proiect Schedule shall supersede previous updates § 9.13.2 Protection of construction materials and equipment stored at the Project Site from weather, theft, vandalism, damage or all other adversity is solely the responsibiliri of the Contractor and its subcontractors to the extent that such losses are not covered by builder's risk insurance. 6 913 3 Dunne the performance of the Work required by this Agreement, 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 Ciri. Snow removal within the site for the purpose of performing and protecting Work shall be the responsibility of [he Contractor § 9.13.5 Site Snow Management: Contractor acknowledges that the Proiect is to be built in an area of heave seasonal snows. Contractor shall be responsible for site snow removal and designated snow storage azeas adequate to store 100% (one hundredpercentl of the snow from [he site during the snow season. Q 9.13.6 The Contractor shall erect and maintain a 8'-0" chain link fence around the perimeter of the construction site throughout the Constmc[ion Phase. The area inside the perimeter of the fence shall include azeas adequate for 100% (one hundred percentl of site snow storage. 9.13.9 The Contractor is advised that the project 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. § 9.13.10 The Contractor shall maintain access around the construction site. 6 913 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. § 9.1312 Inappropriate Behavior The Contractor shall control its employees and subcontractors on the job site at all times Alcohol and illegal drugs shall be strictly prohibited on the Proiect at all times. Anv intoxicated person(s) shall Additions antl Deletions Repoli for AIA Document A295^' - 2008. Copyright O 2008 by The American Institute of Architects. All d®hts reserved. WARNING: This AIA® Document is Drotectetl by U.S. Copyright Law antl Intematlonal Treaties. Unauthorized reproduction or distribution of this AIA® Document, 19 or any portion of it, may result in severe civil and criminal penaHlas, and will be prosecutetl to the maximum extent possible antler the law. This tlocument 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 Por resale. User NOtes: (1761739631) G 9.13.8 Erosion Control Contractor shall prepare and implement a Stonnwa[er Pollution Prevention Plan in accordance with EPA's National Pollutant Discharge Elimination System (NPDESI General Permit for stormwater discharges from Large and Small Construction Activities (effective June 30, 20081. Any mud tracked onto public roadways shall be removed daily. person(s) who aze repeat offenders. permission. Q 91315 The Contmctor shall notify all public utility companies a minimum of two (21 business days prior to the commencement of any work by it or its subcontractors m 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 intertuption. Such notice shall consist of direct written communication publication in a local newspaper, and/or azmouncement on local radio or television stations whichever is most reasonably calculated to I?zve notice to such utility users. PAGE 32 § 9.18.1 To the fullest extent pemutted bylaw the Contractor shall indemnify and hold hamiless 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 not limited to attomeys' 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 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 them or anyone for whose acts they may be liable, regazdless 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 this °°"~--~n ' ° this Section 9 18 In [he event Contractor 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 share of liability. PAGE 33 § 8,19,2,1 The Contractor, as soon as practicable after execution of the Contract, shall famish in writing to the Construction Manager, Owner and Architect the names of persons or entities (including [hose 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 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 contract with a proposed person or entity [o whom [he Construction Manager. Owner or Architect 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 perforating the Work, the Contract Sum and Contract Time shall be increased or deceased 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 Construction Manager, Owner or Architect makes reasonable objection to such substitution. Atltlttions and Deletions Report for AIA DocumaM A295*" - 2009. Copyright ©2008 by The American Institute of Architects. All tlghts reserved. WARNING: This AIA® Documem is protected by U.S. Copyright Law and Intematlonal Treaties. Unauthorized reproduction or tlisltlbution of this AIA® Document, 20 or any portion of k, may resuH 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_1 which expires on 04/22/2010, acid is not for resale. User Notes: (1781739931) By appropriate eb.ee::ea, :.«:,: ° "°-°'°^^"• -°° •~-°a ~ - • °"a'•- 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 [o 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. "~°~°- aThe Contractor shall require each Subcontmetor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of [he GMP Documents and other documents to which [he Subcontractor will be bound. The Contractor shall famish to Owner and Construction Manager copies of all subcontractor agreements uoon 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 sepamte contractors and the Owner in reviewing their construction °^"°^"~r,~r°'°°°'°°. schedules in the context of this Master Project Schedule. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual °°-°°--•°°• T"° °°-^•^~°•'°- °^"••'°° agreement with the Construction Manager and Owner The Master Proiect Schedule and Contractor's Construction Schedule. as revised, shall then constitute the schedules [o be used by the Construction Manager, [he Contractor, sepamte contractors and the Owner until subsequently revised. PAGE 35 § 9.20.2.1 The Contractor shall afford the 9wne~Owner, through the Constmction Manager, and sepamte 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 construction and operations with theirs as required by the GMP Documents. § 9.20.2.2 If part of [he Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a sepazate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Construction Manager and Architect in writing anv appazent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of [he Contractor so [o 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 reaseRebl~ 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 °mm~~•'_'_---ice-activities, failure to DroDerly protect work in ID ace, or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a sepazate contractor's delays, improperly timed activities, w°°. ~9.g6 is m~w~s" failure to Drooerlv protect work in Dlace, damage to the Work, or defective construction. If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining [he premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the "~m-~ ;it~~Construction Manager will allocate the cost among those responsible. Atltlitlons and Deletions Report for AIA Document A295r" -4006. Copyright©2008 by The American Institute ofArchitecls. All rights reservetl. WARNING: This AIA® Document is protecletl by U.S. Copyright Law antl International Treaties. Unauthorizetl reproduction or distribution of this AIA® Document, 21 or any portion of tt, may resuk in severe civil antl criminal penattias, and will ba prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:22:47 on 03/17/2010 under Order No.1000396152_t which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) § 9.21.1.1 Changes in the Work may be accomplished after execution of [he 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 Anv increase or decrease to the Contract Time or Schedule resulting from chanties to the GMP Documents shall be included in each Chanee Order Responses to requests from the Owner, or Claims from the Contractor for an increase in the GMP shall include, if applicable, env request for Chanee of the Contract Time or Schedule and the cost associated therewith. In the absence of an adequately documented request for Chanee of the Contract Time or Schedule included in the request for a Chanee Order, no subsequent adjustment of the Contract Time or Schedule will be considered relative to such Chanee Order. G 9.21.1.E 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 Conhactor, for Work performed by the Contractor's own forces, ten percent (10%) of [he cost. .2 For the Contractor. for Work performed by the Contractor's Subcontractor. five percent (5%1 of the amount due the Subcontractor. .3 For each Subcontmctor 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 the Subcontractor's Sub-subcontractors. five percent (5%) of the 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. ~ 9.21.1.1.3 Each Chanee Order request, Construction Chanee Directive Write, or claim submitted by the Contractor shall be accomplished by a complete itemization of costs includine labor, materials, and subwn[rac[s. 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 requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor, an order for a minor change in the Work maybe issued by the Architect aleRe alone § 9.21.1.21 Notwithstanding anything in the GMP Documents to the contrary, Amendments or Chanee Orders shall not be binding on the Citv 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 City Manager signature; 5 9.21.1.2.4 Amounts between $10.000 and $25,000 require Ciri Attomev and Ciri 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. PAGE 36 AddHlons and Deletions Repoli for AIA Document A295i° -2008. Copyright02008 by The American Ins0tule o(Architects. All rights reservetl. WARNING: This AIA® Document is Drotected by U. S. Copyright Law and Intematbnal Treaties. Unauthorizetl reproduction or distribution of this AIA® Document, 22 or any portion of N, may resuk in severe civil and criminal penaHies, and will be prosecutetl to the muimum extent possible under the law. This document was produced by AIA software at 14:22:47 on 03/72/2010 under Ortler No.1000396152_i which expires on 04Y12/2010, ant is not for resale. User NOtes: (17a1739831) § 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 their ageement upon al I of the following: PAGE 37 § 9.21.3.7 If the Contractor does not respond promptly or disagees with the method for adjustment in the Contract Sum, the ArshitesFConstruction Manager shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those perfomilng the Work attributable to [he 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 Arehiiest 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: .4 Costs of premiums for all bonds and insurance and permit fees related to the Work; and .5 Additioaal-Additional, actual costs of supervision and field office personnel directly attributable [o 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 "-°'~'°°'. Construction Manager. When both additions and credits covering related Work or substitutions are 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 agee with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach ageement upon the adjustments, such ageement shall be effective immediately and the Architest-Construction 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 not 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 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. d3teIf the Contractor should determine EHe effeeEe€that [he proposed directive strwill increase the cost and time of completion of the Work and-error impact [he Contractor's ability to construct the work in accordance with the revised GMP . Documents, [hen the Contractor shall so notify the Owner and the Architect. The Contractor shall not proceed without an approved 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 11 to be fiunished by the Contractor and ~^,wner, and execution of [he GMP Amendment The date of commencement of the Work shall not be changed by the effective date of such insumnce. Atldkions antl Deletions Report for AIA Document A295TM -2008. Copydght02008 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorizetl reprotluction or distribution of this AIA® Document, 23 or arty portion of N, may resuh in severe civil antl criminal penaaies, and will be prosecutetl to the maximum extent possible under the law. This document was produced by AIA software at 14:22:47 on 03/12/2070 under Order No.1000396152_1 which expires on 04/22/2010, antl is not for resale. User NOtes: (1781739831) GMP Documents. 8 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: 6 9 22 2 81 Require the Contractor to prepare a Recovery Plan to get back on schedule within ten (10) days Manager may reauve the Contractor to take any of the actions set forth below and its subsections without additional cost to the Owner. Construction Manager, or Architect, to makeup the lag in scheduled progress. § 922 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 . § 9.22.2.8.3 Withhold progress payment in accordance with Section 9.23.5.1. § 9 22 2 8 4 Contactor 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. 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. day after the Dale 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 se[ forth above for liquidated damages are reasonable due to increased costs of administrating the Contract and increased consultants' expenses, incurred by the Owner due to delays in completion. § 9.22.3.1 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, ^- ~` °° °-~-' °~ °° °` °"''°-, 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 ao '~.:~~~. ,-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. PAGE 39 Addkions and Deletions Report for AIA Document A295i° -4008. Copy*ight©2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorizetl reproduction or distdbutlon of this AIA® Document, 24 or any portion of h, may result in severe civil antl criminal penalties, antl will be prosecutetlto iha maximum extent possible under the law. This document was producetl by AIA software at 14:22:47 on 03/12/2010 untler Ortler No.1 000 3961 5 2_i which expires on 04/22/2010, and is not for resale. User NMes: (1781739831) The Contractor shall submit to [he Architect, Owner, and CORStttletlon Manaeec before the first Application for Payment submitted for construction of the Work, a Schedule of Values allocating the entire Confiact Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the "-°'-~`°°' --°° -°°°~-°. 'r''-~° °°'-°'• '°, Architect. Owner, and Construction Manager may require. 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. § 9.23.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect and Construction Manaeer an itemized Application for Payment prepared in accordance with the seHede4eef :~.:::., "'-°'•~-°a °-a°- °°-`~ °- ^ °' '' 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 to establish the Owner's title to such fttateFiels aRd-equipmenE-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 Manaeer and must be accompanied by documentary evidence as to quantity and value of materials, includine 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 [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 writine from each subeon[mctor 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 Architect's 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 ;;-Documents. and that the As-Build Record Drawings are updated in electronic format. and that the Contractor's Construction Schedule is undated, throueh the date of the Application for Payment. The foregoing representations are subject to ar~the Archi[ecPs 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 the GMP Documents prior to completion and [o 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 [o check the Atltlitions antl Deletions Report for AIA Document A298TM - 2008. Copyright O 2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protadetl by U.S. Copydght Law and Imemational Treaties. Unauthodzetl reprotludion or dislributlon of this AIA® Document, 2r~ or any portion of a, may resuh in severe civil and criminal penaaies, and will ba prosecuted to the maximum exleM possible under the law. This document was produced by AIA software at 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) 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 [o substantiate the Contractor's right to payment, or (4) made examination [o 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. G 9.23.4.4 Retainaee of ten percent (10%1 will be withheld until the Contractor is fifty percent (50%) completed with the Construction Phase of the Work. Thereafter. the accumulated retainaee may be held without additional retainage. § 9.23.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to [he extent reasonably necessary to protect the Owner, if in the 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 [he Contractor and Owner with a concurrent cony to the Construction Manaeer as provided in Section 9.23.4.1. If the Een&ae[eFConuactor, Constmction 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. regulations, or other laws: .9. failure to maintain atrrent AsBuilt Record Drawings in electronic foanat: .10 failure to maintain a current undated Construction 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 are removed, certification will be made for amounts previously withheld. In the event the Archi[ed nullifies a previously issued Certificate for Payment, and [he Owner has. prior to such nullification, paid thereon, the Contractor shall orompdv reimburse to the Owner amounts the latter had paid pursuant to the nullified Cerpificate for Payment. Alternately, the Owner may withhold payment in any subsequent Application for Payment, until the reasons for nullification of the previously issued protect Certificate for Payment have been remedied. § 9.23.5.3...... ................ ............... .............u ... ce,..:~_ n as c r z .w.. n.. _.._...... __r_ . 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 env other portion of the General Conditions as supplemented herein. 4 9.23.5.4If [he Architect withholds certification for payment under Section 9.23.5.1.3, the Owner may, at its sole payment on the next Certificate for Payment. Adtlalons and Deletions Report for AIA Documeht A295"' - 2008. Copyright O 2008 by The American Institute of Architects. All dghts reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or tlisldbution of this AIA® Document, Zs or any portion of it, may resuk in severe civil antl crtminal penaales, 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 antler Order No.1000398152_7 which expires on 04/22/2010, antl is not (or resale. User NOtes: (1781739831) § 9.23.6.3 The "" ->~orConstruction 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. § 9.23.6.4 The ^°-°-'-°° •'-° ~°'-• •° ~°° .°°• ..-•«°° °•°a°°°° ~• °- •,,° r°°'-°°•°- Contractor shall urovide written evidence to [he Owner that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by [he Owner to the Contractor for subcontracted "ll~~r.. Work, beeinnine with the second Application for Pavment. If the Contractor fails [o famish 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 bylaw. PAGE 42 § 9.23.6.7 payfxiertisPavmentsreceived bythe 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 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 no[ pay the Contractor within seven days after the date established in the GMP Documents the amount certified by the "-°'-~«°°' °- °•°°-a°a'-°'-~_a:°° an°-°«° eeselufiertrArchitect, then the Contractor may, upon revert-15 (fifteenl additional days' written notice to the Owner and Architect, stop the Work until payment of the 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 [he 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 the Architect and Constmction Manaeer 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 determined by written agreement between the Owner and Connactor or, if no agreement is reached, by decision of the Architect. § 9.23.8.2 Immediately prior to such partial occupancy or use, the 9wxeFOwner and Construction Manaeer, 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 ~eeer~cazefully document the condition of the Work. PAGE 43 § 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 carryon such activities only under Atltlkions and Deletions Report for AIA Document A295" - T608. Copyright m 2008 by The American Institute of Architects. All dghts reservetl. WARNING: This AIA® Document is protected by U.S. Copydght Law antl International Treaties. Unauthodzed reproduction or distdbution of this AIA® Document, 27 or any portion of it, may resuk in severe civil and cdminal penakles, 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_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1761739831) supervision of properly qualified personnel. The Contractor shall not use or store explosives or other hazardous materials or equipment on the Project without the advance written consent of the Owner after 15 (fifteenl davs written notice. § 9.24.3.1 The Contractor is responsible for compliance with any requirements included m the GMP Documents regazding hazardous materials. If the 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 [o persons resulting from a material or substance, including but not limited [o asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contmctor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the AHweFOwner, Construction Manager and Architect hr 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, m [he 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 furnish in writing to the Construction Manager, Contractor and Architect the names and qualifications of persons or entities who aze 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 Manager. Contractor 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 Manat=ee Conttactor 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 [he 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. R O 7A Z Z'r`.. .Le G.11..... .....,,«. .-,.~«:....,1 L. 1.... .Le ll.....a ..L., 11 :«Ae.,.«:!: ..«.r L«l.l L....«Ie.... .L,. !•~«w.. 1Le -...w., wet.: «..:«de.,.«:..~ , § 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 e..«_«..:ue c _ «,...e.:..l.. ,._ .. L.....«w., w«..:_e,r L...Le nxAn r,..,.....e«... o.,,.o... sire to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. PAGE 44 § 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 [he Construction Manager or Architect, be uncovered for the Architect's examination and be replaced at [he Contractor's expense without change in the Contract Time. Adtlaions and Deletions Report for AIA Document A295TM -2008. Copyright02008 by The American Institute ofArchitecLS. All dghts reserved. WARNING: This AIA® Documem is protected by U.B. Copyright Law antl International Treaties. Unauthodzed reproduction or distribution of this AIA® Document, Za or any portion of it, may resua in severe civil antl cdminal penakies, and will 6a prosecutetl to the maximum extent possible under the law. This document was produced 6y AIA software at 14:22:47 on 03/12/2010 under Order No.1000396152_1 which expires on 04/22/20'10, and is not for resale. User Notes: (7787739831) § 9.25.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior [o 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 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 ro 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 at the Contractor's expense. § 9.25.2.2.1 In addition to the Contractor's obligations under Section 9.5, if, within eRe-yeeHwo vears 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 warsanty 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 i[ 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 [he condition. During the eRe-yeaHwo-vear period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the corsection, the Owner waives the rights to require correction by the C~G._,..,._ __., .~..,..t.e ., a..:.,., r,._ L___..,. _o.. _~._~ Contractor. If [he Contractor fails to corsect 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 exe~eeHwo-vear period for correction of Work shall be extended with respect [o 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 corsec[ion of Work shall ne>-6e extended by-for anv corrective Work performed by the Contractor pursuant to this Section 9.25.2. The obligation to corsect the Work shall include anv repairs and replacement to anv Hart 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 [he Work provided under this section exceed a duration of three (3) vears 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-yeaHwo-year period for correction of Work as described in Section 9.25.2.2 relates only to the specific obligation of [he Contractor [o 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 maybe 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 the Owner to commence and continue wrrection of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. ht 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 Atltlitions antl Deletions Report for AIA Document A295TM -2008. Copyright©2008 by The American Institute of Architects. All fights reservetl. WARNING: This AIA® Document is proleQetl by U.S. Copyright Law and International Treaties. Unauthodzetl reprotluction or disidbution of this AIA® Document, 29 or any portion of it, may resuk in severe civil antl criminal penakies, antl will be prosecuted to the maximum extent possible under 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, and is not for resale. User NOtes: (1781739831) amounts charged to the Contractor are both subject to prior approval of the "-°`~`°°`. Construction Manaeec If payments then or thereafter due the Contractor aze not sufficient to cover such amounts, the Contractor shall pay [he difference [o the Owner. PAGE 46 § 9.26.3 The Architect responsibility to administer the Contract terminates on the date the tlret3iteet~issnes-Owner aonroves [he 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 Constmcton Manager. Owner or Contractor. The Architect's response to such requests shalt be made in writing within any time limits egged upon or otherwise with reasonable promptness. § 9.26.4.4Interpretations aRd-deeisieRS-ofthe 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 3nfer~retetieRs intemre[ations, and decisions, the Architect shall no[ show partiality to either, and shall not be liable for results of interpretations er~esisieRS-rendered m 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. § 9.26.5.1 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 the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable prompfiess while allowing sufficient time in the Architect's professional judgment to perntit adequate review. § 9.26.5.2 Tn accordance with the Architect-approved submittal schedule, [he Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and SaRaples, bet dte-6A~-Beeurnents-Samules. 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 [he 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 "-°'-~'°°"° ~-°_°°.:°_,. °r.°u r.° °°_a..°.°a ...:,>_ .r.° n.._°. construction Manaeec shall schedule the Architect's inspections to be conducted with the Owner and the Commissioning Agent [o 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 [o be completed or cortected. § 10.1.4 When the Contractor considers that the Work, or a portion thereof which the Owner agrees [o accept separately, is substantially complete, [he Contractor shall prepare and submit [o the Architect and Construction Manaeec 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 substantially complete. If the Architect's or Commissiottine Agent's inspection discloses any item, whether or not included on [he Contractor's list, which is not 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 Atldkions antl Deletions Report for AIA Document A298^' -2008. Copyight©2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthodzed reproduction or distribution of this AIA® Documem, 30 or any portion of k, may resuk in severe civic antl criminal penalties, and 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_7 which expires on 04/22/2010, and is not for resale. User NOtes: (1781739831) Completion, complete or correct such item upon notification by the "-°'~`°°'. Architect or Commissioning Agent. In such case, the Connector 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 IieRS-claims or bonds indemnifying the Owner agains[IieRS; 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 the Owner and Contractor for their written acceptance of responsibilitiesessigned 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 Cos[ [o 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 atrolicable § 10.1.11 The Contractor shall furnish the Owner "As-built Record Drawings" on CD disk usine AutoCAD Version 2004 or later, and one set of reproducible molars, certified and stamped by an engineer licensed in the State of Colorado Completion. § 10.2.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and tteeepteRee acceptance, and a Final Certificate of Occtmancv has been obtained on each building, and upon receipt of a final Application for Payment, the "-:~.`s~f-~' vr,~'.;-Construction Manager will schedule the Architect and Commissioning Agent to promptly make such inspection and, when the Architect €xtdsand 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 the Architects 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 terns 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 [hat conditions listed in Section 10.2.2 as precedent to the Contractor's being entitled [o 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 insluance required by the GMP Documents to remain in force after final payment is curently in effect and will no[ be canceled or allowed to expire until a[ least 30 days' prior written notice has been given to 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 lidclaims, security interests or encumbiances arising out of the Contract, [o 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 Iiee-claim. If such }ieFrc(aim remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such IieR; claim including all costs and reasonable attorneys' fees. Atltlaions antl Deletions Report for AIA Document A295`° - 2008. Copyright O 2008 by The American Institute of Architects. All dghts reserved. WARNING: This AIA® Document is protectetl by U.S. Copydght Law antl International Treaties. Unauthodzetl reprotluction or distribution of this AIA® Document, $1 or any portion of h, may resua in severe civil antl criminal penalties, antl will he 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 NOtes: (1781739837) § 10.2.3 If, after Substantial Completion 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 the Construction Manager or Architect so eeR€x~-confirm the Owner shall, upon application by the 6eRtraetefContractor, or recommendation by the Construction Manager, and certification by the Architect, and without terminating [he Contract, 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 in 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 Owner intends [o purchase and maintain an Owner's Consolidated Insurance Prot3am ("OCIP"I [o cover the liabiliri insurance and excess liabiliri insurance during the construction and completed operations phases of the Project. The OCIP is not expected [o include anv Workers' Compensation insurance coverage or professional liability insurance coveraee. The OCIP will not provide anv insurance coveraee for the Project prior to the start of construction. Until the OCIP insurance coveraee is further clarified by addendum, the Contractor shall purchase from and maintain m a company or companies lawfully authorized to do business in [he 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 [he 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 may be liable: § 11.1.2 The insurance requrred by Section 11.1.1 shall be written for not less than limits of liability specified in the GMP Documents or required by law, 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 [he 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 Deeurtaent~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 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 [he final Application for Payment as required by Section 10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of claims paid under the General Aggregate, eFketlr, 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 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 ar whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. 6 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 mnrimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500.000.00) for each accident, FIVE HUNDRED THOU- SAND DOLLARS ($500.000.00) disease -policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.001 disease -each employee. The policy shall contain a waiver of subrogation in favor of the Owner. Atltlalons antl Delellons Report for AIA Document A298^' -4008. Copyright®2008 by The American Institute o(Amhitecls. All dghts reserved. WARNING: This AIA® Document Is protected by U.S. CoDYdght Law antl International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 32 or any portion of It, may resuN in severe civil antl cdminai penahies, and will be prosecuted to the maximum extent possible under the law. This tlocument was protlucetl by AIA software al 14:22:47 on 03/12/2010 under Ober No.1000396152_1 which expires on 04/22/2070, 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 ($3,000,000.001 aggregate. The policv shall be applicable to all premises and operations. The policv shall include coverage for bodily iniurv. broad form properly damage (including completed opera[ionsl. personal iniurv (including coverage for contractual and employee actsl. blanket contractual, XCU, independent contractors, products, and completed operations. The policv shall contain a severabiliri 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 ink and a waiver of subrogation in favor of [he Owner. _ .4 Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,0001 aggregate. § 11.1.6 Failure to maintain insurance: Failure on the part of the Contractor to nrocure 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 a[ its discretion Owner may procure or renew any such policv 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 cost of the premiums against monies due from Owner. § 11.1.7 Insurance Policies: Owner reserves the right to request and receive a certified copy of any policv and any endorsement [hereto. § 11.1.8 Governmental Immunity: The parties hereto understand and agree that Owner is relying on, and does not to Owner, its officers, or its employees. §11.1.9 Owner's Insurance: The parties hereto understand that the Owner is a member of [he Colorado Intergovern- mental Risk Sharing Agency (CIltSA) and as such participates in the CHtSA Property/Casualty Pool Copies of [he CIItSA policies and manual are kept at the City of Asnen 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. PAGE 51 § 11.3.1 Unless otherwise provided, the 9wAeFContractor shall purchase and maintain, in a company or companies lawfully authorised 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 m the amount of the initial Contract Sum, plus value of subsequent Contract ~ierts-Modifications, Amendments, and cost 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 the Owner has an insurable interest in the property required by [his Section 11.3 to be covered, whichever is later. This insumnce shall include interests of the Owner, the Construction Manager, the Contractor, Subcontractors and Sub-subcontractors in the Project. Atltlkions antl Deletions Report for AIA Document A295TM -2008. Copyright©2008 by The American Institute ofArchitects. All dghts resenetl. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reprotluction ordistdbution of this AIA® Document, 33 or any portion of k, may resuk in severe civil and criminal penakies, and will be prosecutetl to the maximum extent possible under the law. This tlocumeM 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) ~ e a 8tt&ibdFitbldi9 § 11.3.1.3 If the property insurance requires deductibles, the Awner-Contractor shall pay costs not covered because of such deductibles. The AwReF-Conuactor shall pwchase and maintain boiler and machinery insurance required by the GMP Documents or by law, which shall specifically cover such inswed objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Constmction Manager. Contractor, Subcontractors and Sub-subcontractors in the Work, and [he Owner and Contractor shall be named insweds. The Owner, at the Owner's opfion, may purchase and maintain such insurance as will inswe the Owner against loss of use of [he Owner's property due to fire or other hazards, however caused. '`'`° ^••-°- ° °~- °° °" -' °"° °` °°'' °° § 11.3.4 If 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 insurance policy, the ^°-°~ ^`°" ~`-°°°~"°, `'ontractor may include such insurance, and the cost thereof shall be .submitted [o the Owner for a determination regarding incorporating the cost into the GMP. § 11.3.6 , 1. 1 a 1,,. .1,:° c°°«:,... 11 a ~°°e_ ....1:.... ~L..n ......~e:.. °n .. ...,n. A• .. .L.G..:H.. ....1 ....:..........d .,..d......n.Mnefe vduh .1 a.. al.... A..:....4 L`....L .,A:.... ..L..11 IG All ,...~ ti° °°~°°I°J ..~ ..11.,-. ..d •° °...,i.u .,.A .L°i :~.. I:,..a° ,.:11 ,...a 1... , f 6esEraete~WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against (1) each other and anv of their Subcontractors, Sub-subcontractors, a+:ents and employees each of the other and (21 the Architect. Architect's consultants, Construction Manager, v~a~te contractors described in Section 9 20 if anv and anv 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 ~rsuant to this Section 11 3 except such rights as they have to proceeds of such insumnce held by the Owner. The in favor of other parties enumerated herein The policies shall provide such waivers of subrogation by endorsement or Addkions antl Deletions Report for AIA Document A296^' -2008. CoDYright©2008 by The American Institute of Architects. All dghts reserved. WARNING: This AIA® Document Is protected by U. S. Copydght Law antl IMemational Treaties. Unaulhodzetl reproduction or tlistdbution of this AIA® Document, 34 or any portion of k, may resuk in severe civil and criminal penakies, antl will be prosecutetl to the maximum extent possible under the law. This document was produced by AIA software al 14:22:47 on 03/12/2010 under Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User NOtes: (1787739831) .Before an exposwe to loss may occur the Contractor shall file with the Owner a copv of each policv that includes insurance covemees reauired by this Section 11 3 Each policv shall contain all generally applicable conditions, definitions, exclusions and § 11.3.7 I~.Le n.. _.,_.... ~a .., mL,, n.....e.. ~_ r~,._.....,..,. ,.L..n L' ~YY~~Y~ ~..al ~.._:-a:..e.,al' ....a ...L..µ~o.. ......... A.e e w L..a .. - -.LI_:._ .L -'AI08$ inswed under the Contractor's Dronerty insurance shall be adjusted by the Owner in t=.ood faith and made Davable to the Owner for the insweds as their interests may anoear subject to requirements of anv annlicable morteaCee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor. and by aDDiODriate written agreements shall require Subcontractors to make oavments [o their Sub-subcontractors in similaz manner. § 11.3.8 § 11.3.9 ;,~-Ir.The Owner shall have power to adjust and settle a loss with insurers unless one of the parties in interest ,.,.a., .._a__,.,. .. ~ L L r L § 11.4.1 The C...._. :;,.h :a:~6.~right~-r~ysi°~'L,c~,: o.--,Contractor shall furnish bonds covering faithful performance of the Contract and payment of obligations arising Preconstruc[ion Services. on the date of execution of the Contract. Atltldions antl Deletions Repoli for AIA Document A295"' -2008. Copyright©2008 by The American Institute of Architects. All rights reservetl. WARNING: This AIA® Document is protected by U.S. Copyright Law antl Intamational Treaties. Unauthorizetl reproduction or distribution of this AIA® Document, 35 or any portion of k, may resuk in severe civil and criminal penakles, and will 6e prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:22:47 on 03/17/2010 under Order No.1000396182 1 which expires on 04/22/2010, and Is not for resale. User Notes: - (1781739831) Price by the Owner and execution of [he GMP Amendment, such bonds shall be increased to an amount equal to the Guaranteed Maximum Price plus Preconstmction Services. Such bonds shall be issued by a surety company licensed in Colorado with an A M Best rating of at leas[ A- included on the U.S Treasury Department's listing of approved sureties, and acceptable [o the Owner. PAGE 52 § 11 4 3 The bond form shall be Performance Bond - AIA Document A312, 1984 Edition, pages one through and including seven, including a certified Power of Attomev. S 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 °°~h-~~-as annually No interest shall be due [o the Contractor for payments 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 warsanty or otherwise, against the other arising out of or related to the Contract in accordance with Article 13 within the time period specified by olorado law. The Owner and Contractor waive all claims and causes of action not 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 Initial Decision Maker with a copy sent to the ., '` ` "_°"'° o ° "°'""'°"~'°°`°`"° """'' 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. § 731 21 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 circumstance of the act omission or event complained of; a concise statement of the nature and extent of the iniurv claimed to have been suffered; and a statement of the amount of monetary damages that is being requested. § 731 41 Tn no event shall adiustment 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. Addkions antl Deletions Report for AIA Document A295TM -2008. CopydghtO2008 by The American Institute ofArchitec[s. All rights reserved. WARNING: This AIA® Document is protected by U.a. Copydght Law and International Trestles. Unauthodzetl reprotluclion ordistribution of this AIA® Documem, 36 or any portion of a, may result in severe civil antl cdminal penahies, antl will be prosecuted to the maximum extent possible under the law. This tlocument was produced Dy AIA software at 14:22:47 on 03/12/2010 untler Order No.1000396152_1 which expires on 04/22/2010, and is not for resale. User NOles: (1781739831) PAGE 55 § 13.1.5.3 Extensions of the Contract Time for delays due to weather conditions may be made only when such conditions aze more severe and extended than those reflected by the ten-year averaee for the month as evidenced by the Colorado Climate Data maintained by Colorado State University Fort Collins Colomdo or other data as mutually agreed between Owner and Contractor. for the Droiect area Extensions of time due [o weather will be tuanted on the basis of one-and-four-tenths (1 41 calendar days added for every workint= day lost, with each separate extension fiQUred to the neazest whole calendar day The extension of the Contract Time for weather conditions will occur only in the event that the weather in Duestion impacted activities on the critical oath of the Contractor's current Construction Schedule. b 4z ~ e rl awe eno rns eennes rlnt nA agree 1 rlnrrl as+~,. ....°a r....t,e ^.....°.. ~ _ _°_.,.r e ° c _ r_°,...,, r ~~ t:aai dat i L ^-^s .• .. r.°.. ..__r:,,,,r,r° °_a.._..,. ~ t. r, c r. § 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 ~^ "~° ^°-°- ^°-•^^•^- "6. °°- Maker. Except for [hose Claims excluded by [his 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 referzed to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agee, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than [he Owner. PAGE 56 § 13.3.1 Claims, disputes, or other matters in controversy arising out of or related [o [he Project except those waived as provided for in Sections 10.2.4, 10.2.5, and 13.1.6 shall be subject tp mediation as a condition precedent to finding § 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 Ns-Construction Industry Mediation Procedures in effect on [he date of the Owner-Contractor Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of bitx}iRg lineation but, in such event, mediation shall proceed i ::.u•.c.r°° _or.:.~r-~..,aRr~i;~t~ within 60 days from the date of filing, unless stayed for a longer period by agreement of the ,."".sees. § 13.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held inthe-pFase ~ Aspen, Colomdo. Written Aereements. executed by the parties, reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Adtlaions and Deletions Report for AIA Documem A295^' - 2008. Copyright O 2008 by The American Institute of Architects. All dghts reserved. WARNING: This AIA® Document is protectetl by U.S. Copydght Law antl International Treaties. Unauthodzed reprotluction or tlistdbution of this AIA® Document, 37 or arty portion of it, may resuh In severe civil and cdminal penalties, and 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) ~ues[ed by the Owner. 1 The Contractor shall participate once per month in a proaress meeting with the Owner including a walk-through of the site. 2 The Owner may request tours from time to time of the proiect and the site. The Connector shall indicate in writing when such activity will be permitted and when the site is off limits. These requirements shall be coordinated tltroueh the Cons[mction Manager. § 15 2 Definitions The following terms are defined in the new law and by this reference are incoroorated herein and in env 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 ]08th Congress as amended, that is jointly administered by the United Stales Department of Homeland Security and the social securiri Administration or its successor program. 2 "Department program" means the employment verification program established pursuant to Section 8-17.5-102(51(cl. .3 "Public Contract for Services" means this Agreement. § 15 3 By signing this document. Contractor certifies and represents that at this time 1 Contractor shall confirm the employment elieibiliri of all employees who are newly hired for e~lovment to perform work under [he public contract for services and 2 Contractor has participated or attempted to participate in either the e-verify program or the department program in order to verify that new employees are not illegal aliens 6 15.4 Contractor hereby confirms 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 hired For e~lovment to perform work under the public contract for services through participation in either the e-verify pro~am or the department program. Adtlkions antl Deletions Report for AlA Document A295^' -2008. Copyright®2008 by The American Institute of Architects. All rights reservetl. WARNING: This AIA® Document is Drotected by U.B. Copyright Law and International Treaties. Unauthorized reproduction or tlistdbution of this AIA® Document, 3a or any portion of h, may resuk in severe civil and cdminal penalties, antl 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.1000396152_1 which expires on 04122/2010, and is not for resale. User NOles: (1781739931) 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 perforn work under the con[mct. The new laws also require that all contracts for services include certain 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. .5 If Contractor obtains actual knowledee that a subcontractor cerformine work under the Public Contract for Services knowinely emDlovs or contracts with an illeeal alien Contractor shale .1 Notifv such subcontractor and the Owner within three davs that Contractor has actual knowledee that the subcontractor is emplovine or subcon[mctine with an illeeal alien• and .2 Terminate the subcontract with the subcontractor if within three davs of receivine the notice required Dursuant to this section the subcontractor does not stop emolovine or contracting with the illeeal alien; except that Contractor shall not terminate the Public Contract for Services with the subcontractor if durine such three davs the subcontractor provides information to establish that the subcontractor has not knowinely employed or contracted with an illeeal alien 6 Contmctor shall comply with anv reasonable request by the Colorado Department of Labor and Emolovment made in the course of an investieation that the Colorado Denartment of Labor and Emolovmen[ undertakes or is undertakine nurstrant to the authority established in Subsection 8-17 5-102 (5) CRS Subsection 8-17.5-102. C.RS. §-13:4~~1R@ETRd4~19N Addhions antl Deletions Report for AIA Document A295TM -2008. Copynght02008 by The American Institute ofArchitects. All dghts reserved. WARNING: This AIA® Document is protected by U.S. Copydght Law and International Treaties. Unauthorized reprotluclion or tlistdbution of this AIA® Document, 39 or any portion of it, may resuN in severe civil antl criminal penaNies, antl will be prosacutetl to the maximum extent possible antler the law. This document was protluced by AIA software at 14:22:47 on 03/12/2010 under Ortler No.1000396152_t which expires on 04/22/2010, and is not for resale. User NOtes: (1761739831) G A4 A A R TL.. lI.. _.,.~....A r_........,.a~_._. ......le .. r,._..... _.__... a,.-.w., n.....,._ r_..a....,..,.~ n,.we...e..a Adtlkions and Deletions Repoli for AIA Document A295TM - 2008. Copyright 02008 by The American Insatule o(Amhitects. All fights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Intamational Treaties. Unauthorized reproduction or distribution of this AIA® Document, 40 or any poRlon of k, may resuk In severe civil and criminal penakies, 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 under Order No.1000398152_7 which expires on 04/22/2010, antl is not for resale. User Notes: (1781739831) Certification of Document's Authenticity AIA® Document D401 TN - 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 [he attached final document I made no changes to the original text of AIA' Document A295T'" - 2008 - General Conditions of [he 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. (Dated) AIA Document D497 ^~ - 2003. Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. CopydgM Law and International Treaties. Unauthodzed reprotluction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and 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.1000396152_7 which expires on 04/22/2010, and is not for resale. User NOles: (1781739831) Cart/flcatlon of Document's Authenticity AIA® Document D401 TM - 2003 I, Janet i,ewler McDaniel, hereby certify, to thn bast of my knowledge, informatien and belief, that I created the attached final document simultaneously with its associated Additions and Detetious Report end this certification at 14:22:47 cnr 03/11/2010 under Order No. 1000396152 1 from AIA Contract Iklcumwtts software and that in prepazing the aaeched anal daxtment i made nu changes to the original text of AfAm Document A295'^e - 2008 - General Conditions of the (:Detract For Integrated ProjcwK Delivery, es published by the AIA in ite software, odter then those edditioas and deletions shown in the asso~tiated Additions and Deletions ReptM. ~w~ I / t /~-i' (.Sigrlad) ~LTDY~7 (Title) 3~1~[0 (ZMted-) r- NA Document D{Ot^' -1003. Capyrlphl O 1992 entl 2003 by The American Inalilule of Amhiteota. All riphh menW. WARNNIO: Thte AIA' Document Is protecgd by U.8. Copydahl taw and InUmatlonal Treatlu, Unsuthodaed nproductbn or tlbtdbudon of this AIA° Doaamen6 or any portion st II, may result In seven cNll and crhninsl penahbe, and will de proescuted to Me msalmum aunt poasibie under Ma law. This docunent wee protlucetl by AIA soawae e114:22:47 on 03112/2010 under Order No.10003BB152 1 which eaPiroa on 0472'L2010, entl la nd for resale. Uar Noha: (1701739831) y ti December 23, 2009 THE CITY OF ASPEN 130 South Galena Street Aspen, CO 81611 (970)920-5000 www.aspenpitkin.com FINAL DRAFT Page 1 of20 Burlingame Ranch Phase II Request for Proposals -Commissioning Agent City of Aspen, Colorado City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals -Commissioning Agent Table of Contents 1.0 Introduction 3 1.1 Invitation to Proposers 3 1.2 Project Des 1.3 Project App 2.0 RFP Process 6 2.1 Process 6 2.2 Schedule 6 2.3 Selection 2.4 Contracts 3.0 Scope of the Project 8 3.1 Background 8 3.2 Building Program 8 3.3 Phase II Multifamily Building Area Analysis 9 3.4 Desig n 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 7.2 Conceptual P FINAL DRAFT Page 2 of 20 City of Aspen Burlingame Ranch Phase II Request for Proposals -Commissioning Agent 1.0 Introduction December 23, 2009 The purpose of this Request for Proposals (RFP) document is to solicit proposals from professional commissioning firms to serve as a provider of Commissioning Agent services for Phase II of the Burlingame Ranch affordable housing development in Aspen, CO. If your firm is in receipt of this RFP, then your firm has been prequalified and is invited to submit a proposal forthe services described herein. 1.1 Invitation 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 -Commissioning Agent 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 multifamily 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 multifamily 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 recommendations 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 -Commissioning Agent 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 Consultant, 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 and collaborative process involving 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 Consultant 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" http://info.aia.orq/SiteObiects/files/IPD Guide 2007.odf The AIA describes IPD as follows: "Integrated Project Delivery is built on collaboration, which in turn is built on trust. Effectively structured, trust-based collaboration encourages parties to focus on project outcomes rather than their individual goals. Without trust-based collaboration, IPD will falter 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 and 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/Engineer Design Team • 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 -Commissioning Agent 1.3.2 IPD Team Structure The IPD team structure is envisioned and contractually designed as follows: I . ,~ .. „ .~ ~ ~.......~ ~. ~..... ,... ~......k ~ = Governance /Authority ~~- = Canmunication /Collaboration FINAL DRAFT Page 5 of 20 City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals -Commissioning Agent 2.0 RFP Process 2.1 Process ff your firm intends to submit a response to this RFP, you must send an email to Chris.eversonCa.ci.aspen.co.usindicating that you are the contact person for your firm/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.everson(a~ci.asgen.co.us. The City reserves the right, at its sole discretion as deemed in the best interests of the City of Aspen, to disgualifv anv candidate for Dhone calls or other direct contact with City 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 submitting 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 25, 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 DRAFT Page 6 of 20 City of Aspen Burlingame Ranch Phase II Request for Proposals -Commissioning Agent 2.3 Selection Criteria Selection criteria shall include but may not be limited to the following: y Qualifications: • Relevant experience • References • Project team qualifications • Financial standing Project approach: • Project understanding • Proposed services • Proposed staffing Fee worksheet: • Proposed fees and reimbursables December 23, 2009 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 AGREEMENT FOR PROFESSIONAL SERVICES between the Owner and Commissioning Agent and the AIA A295 General Conditions (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. If City deems it in the City'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 opportunity to sign the contracts exhibited with 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 uvill be granted the opportunity to sign the contracts "as is", and so on. FINAL DRAFT Page 7 of 20 City of Aspen Burlingame Ranch Phase II Request for Proposals -Commissioning Agent 3.0 Scope of the Project December 23, 2009 The scope of the project is to engage in an Integrated Project Delivery (IPD) team 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) multifamily 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 Multifamily Building Program Burlingame Ranch Phase II: Multifamily Building Program: FINAL DRAFT Page 8 of 20 This RFP is for Phase II only. City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals -Commissioning Agent 3.2.2 Single Family Lot Program Burlingame Ranch Phase I1: 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 resulting single family lots combined Phase I and Phase II = 13 This RFP is for Phase II ONLY. 3.3 Phase II Multifamily Building Area Analysis The following information is based on conceptual plans. 3.3.1 Phase II Multifamily Units Livable Area: 3.3.2 Phase II Gross Building Areas (includes parking 8~ storage but not decks 8~ patios) Phase II Average Building Area Efficiency: 62% (100% x livable area /gross area) FINAL DRAFT Page 9 of 20 Phase II Average Unit Livable Area: 1,116 sq ft City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals -Commissioning Agent 3.4 Design Process The following design phase descriptions are excerpted from the AIA's "Integrated Project Delivery: A Guide" http://info.aia.orq/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 Programming Conceptualization begins to determine WHAT is to be built, WHO will build it, and HOW it will be built. The IPD team will verify and build upon the conceptual plans that the City has already developed. Criteria Design (Expanded Schematic Design) During Criteria Design, the project begins to take shape. Major options are evaluated, tested and selected. Detailed Design (Expanded Design 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 involves 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 quality 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 Burlingame Ranch Phase II Request for Proposals -Commissioning Agent 3.4.2 Project Schedule A tentatively proposed Phase I I 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) December 23, 2009 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 and published by the IPD team. FINAL DRAFT Page 11 of 20 City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals -Commissioning Agent 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 your firm's proposal is specific to the services requested herein, the scopes of services for all of the contracted IPD team members are included below for reference. 4.2 Detailed Description of Services 4.2.1 Conceptualization Development Program Manager /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-built 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-built 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 -Commissioning Agent Commissioning Agent • Work closely with the IPD team to develop 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-built versus modular or panelized construction 4.2.2 Criteria Design Development Program 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/Engineer Design Team • Integration of design input from all team members • Confirm 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 • Validatio n of target cost • Refinement of construction 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 Burlingame Ranch Phase II Request for Proposals -Commissioning Agent December 23, 2009 • Validate lead times for long-lead items • Provide input for tolerances, prefabrication opportunities • Final analysis of stick-built versus modular or panelized construction Commissioning 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 environmental 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 /Owner's 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 stake ho Ide rs • Final direction onstick-built versus modular or panelized construction Architect/Engineer Design 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 is all-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 Burlingame Ranch Phase II Request for Proposals -Commissioning Agent December 23, 2009 • 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-built versus modular or panelized construction 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! Owner's 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 Architect/Engineer 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 consultant'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 • Layout FINAL DRAFT Page 15 of 20 City of Aspen Burlingame Ranch Phase II Request for Proposals -Commissioning Agent December 23, 2009 • 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 specifications 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, orwill 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, orwill create a synchronized model forfabrication or installation purposes • Develop implementation information for their scope to shop drawing level Commissioning Agent 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 8~ Closeout Development Program Manager /Owner's Agent • Overall facilitation, coordination, organization and direction of the integrated team Architect/Engineer Design Team • 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 consultants • 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 • Issue design change documents as required to respond to latent conditions and or owner directed changes FINAL DRAFT Page 16 of20 City of Aspen Burlingame Ranch Phase II Request for Proposals -Commissioning Agent December 23, 2009 • 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 Co ntracto r • Coordinate trade contractors, suppliers, and self-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 built 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 (O8~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 Burlingame Ranch Phase II Request for Proposals -Commissioning Agent 5.0 Proposal Requirements 5.1 Qualifications December 23, 2009 Although 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 Transmittal/cover 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 preconstructionsewices 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 24 City of Aspen December 23, 2009 Burlingame Ranch Phase II Request for Proposals -Commissioning Agent 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) 5.2.2 Proposed services Please provide a detailed list and description of the services that the firm proposes to deliver to the Owner during each phase of the IPD effort as described in Section 4 of this RFP. 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 billing 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~//fto asgenpitkin comlBurlingame2/Fee Worksheet FOR FINAL COMM 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'/z" 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 transmittal/cover 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 -Commissioning Agent 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: ftg://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 commissioning agent) COA Burlingame2 -Commissioning Agent.pdf (to be signed by the commissioning agent) COA Burlingame2 - 8801 Owners Agent.pdf COA Burlingame2 - 6195 Architect.pdf COA Burlingame2 - A195 Contractor.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 DR,4FT Page 20 of 20 r• ~ iY ~-a ~ ~ / l ~ Request for Proposal Response Building Commissioning Services City of Aspen Burlingame Ranch Phase II 780 Simms Street Suite 210 Golden CO 80401 303-239-8700 s Engineering Economics Inc Engineering Economics Inc ~~ 780 Simms Street, Suite 210 Golden, CO 80401 telephone 303 239 8700 facsimile 303 239 9982 January 14, 2010 Ms. Rebecca Hodgson City of Aspen 130 South Galena Street Aspen, CO 81611 Re: Burling Game Ranch Phase I1, Building Commissioning Services EF.I Project No: 01-09576 Dear Ms. Hodgson: Please accept the attached as our response to your request for qualifications for commissioning of the above- referenced project. Headquartered in Golden, Colorado, Engineering Economics, Inc. (EEI) has been in business since 1984, and we have been providing commissioning services as our focus since 1991. We have commissioned more than 115 million square feet of space in new and existing buildings during this 18-year period. We have been working in the Colorado mountains and western slope for many years. We have several clients in the area including Pitkin County, Aspen Skiing Company, Vail Mountain School, Eagle County School District, Town of Carbondale, CORE, Town of Snowmass, Lunar Vail, Timberline Roost Lodge and Grand River Medical Center, to name a few. As you will see from the attached qualifications, we have commissioned numerous multi-unit residential and hotel facilities in the mountains. We are well acquainted with the challenges that the mountain environment presents to all types of projects. In addition, we are familiar with the US DOE Building America program and its energy efficient housing goals. Much of our work is on sustainably designed facilities; since 2001, EEI has commissioned 300+LEED projects (with 50 of these projects by the EEI-Colorado staff) of varying certifications levels (Certified, Silver, Gold and Platinum). We take great pride in our role in preserving our environment through sustainable building practices. We have reviewed the RFP in its entirety as well as the two project addendums released on January 8. We understand what will be required for this project and are ready to assist you making the second phase of the Burlingame Ranch a success. As our name implies, Engineering Economics, Inc., is dedicated to improving the economics of owning and operating facilities. Our staff is committed to helping deliver sustainable, energy- efficient and economical building systems. We thank you for your interest in EEI, and we look forward to an opportunity to discuss your needs and our qualifications in detail. Sincerely, Enhineeriug, Economic, Inc Jarrell Wenger, PE, LEED AP Principal-in-Charge Engineering Economics Inc Page 1 of 36 Table of Contents Firm Omerview ................................................... Pages 3 - 6 Rclevanl E.xperience ........................................ Pages 7-18 Project Teanr Qrralifreations .......................... Pages 19 - 24 Financial Standir:g ........................................ Pages 25 - 16 Project Understanding & Approach .............. Pages 27 - 29 Proposed Sen~ices .......................................... Pages 30 - 32 Proposed Staffing .......................................... Pages 33 - 34 Fees .........................................................................Pnge 25 Engineering Economics Inc Page 2 of 36 Firm Overview INTRODUCTION Engineering Economics, Inc. (EEI), founded in 1984, is a facility consulting firm, which specializes in building commissioning, Leadership in Energy and Environmental Design (LEED'"), facility assessments and mechanical/electrical/ plumbing (M/E/P) consulting services. These services are customized to our clients' specific needs with a focus on quality assurance and sustainability. GOALS EEI's corporate goals are to: ^ Represent the owner's best long-term engineered systems interests Improve facility operations & energy efficiency ^ Ensure that the owner receives the best value for the construction dollars spent ^ Be professional, fair ~ respectful of all parties on a project while performing quality assurance activities ENGINEERED SYSTEMS EEI provides services for the following building systems, equipment or components: Mechanical Systems Air distribution systems Chilled water systems Condenser water systems Boiler systems Variable flow pumping systems Pure water systems Vacuum, air & medical/lab gas Domestic water systems Laboratory systems, fume hood Electric, pneumatic & DDC cor Electrical Systems Electrical power distribution Emergency power distribution Emergency generators Cogeneration systems Lighting & lighting controls Daylighting Life Safety Systems Fire suppression systems Fire detection systems Smoke control systems Information Technology Systems Voice & data systems Security systems Clean/back-up power Other Systems Building Envelope Elevators Page 3 of 36 Aspen Sundeck Restaurant, Aspen, CO Commissioning and Funcriaral Testing qj this LEED Pilot Project Engineering Economics Inc Commissioning. Quality Assurance, Design Reriew, Construction Obsernation and Snstems '1'esrirrg OFFICES We serve our clients from offices located throughout the United States, including Arizona, California (2 locations), Colorado, Kansas, Kentucky, North Carolina, Texas, Virginia, Washington (2 locations) and Washington DC. OWNERSHIP EEI is a closely held S-Corporation, incorporated in Colorado in February 1984.. STRUCTURE STAFFING EEI employs 68 highly trained and experienced employees who are committed to excellence. Our technical staff includes registered engineers, LEEDS' Accredited Professionals, building automation system specialists and commissioning authorities certified by the Building Commissioning Association, the National Environmental Balancing Bureau and the Association of Energy Engineers, with an average of 18 years of experience in building systems. RELEVANT Qualifications and credentials of EEI and/or our commissioning team members QUALIFICATIONS include representation in the following organizations: • Building Commissioning Association (BCA) -founding member ^ U.S. Green Building Council (USGBC - LEED°) • Green Guide for Health Care (GGHC) • National Environmental Balancing Bureau (NEBB) • American Consulting Engineers Council (ACEC) • Association of Energy Engineers (AEE) • Association of Physical Plant Administrators (APPA) • American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) • Sheet Metal and Air Conditioning Contractors National Association (SMACNA) • InterNational Electrical Testing Association (NETA) • National Fire Protection Association (NFPA) CORPORATE MISSION 8 EEI's corporate mission statement: Our nrissinir is to provide superior technical BACKGROUND services that optFueize facility performance for an owner's best long-tern! value. Peter Sabeff founded EEI, opening the firm's first office in Golden, Colorado in 1984. With its initial roots in energy studies and retrofit design, EEI's focus was (and still is) on helping owners and managers "engineer the economics" into their facilities -hence our name Engineering Economics. Recognizing that many of its clients were constructing new facilities with problematic systems, EE[ became vocal in the call for Building Commissioning services -anew concept for the construction industry in 1989. EEI sold its first commissioning project to the Fred Hutchinson Cancer Research Center in Seattle, Washington. Today, EEI is afull-service facility consulting firm, providing owners and managers with expertise on a variety of operational issues, facility systems, quality assurance, and construction management activities. EEI clients are a healthy mix of organizations and facility types that cross market boundaries. EEI employees are dedicated, experienced professionals, committed to serving the client, while maintaining and enhancing the firm's fine reputation. Engineering Economics Inc Page 4 of 36 Vail Mnnntain School. Vail. CO Peer Review and Commissioning Services Corporate Priiecipals JEFF NICHOLS Mr. Sabeff is a principal and project manager at EEI for special projects. Most projects personally completed by Mr. Sabeff involve owner's representative services, assisting with design criteria, M/E/P construction management and final commissioning of the mechanical and electrical systems. His technical expertise is focused on facilities engineering, with special emphasis on systems documentation and systems analysis, improving performance and efficiency of HVAC and electrical systems. Typical analysis includes connected loads and demand profiles, physical plant capacities and performance in relation to the demands, age, life cycle costing and conversion potential to more efficient modes of operation. Mr. Sabeff also provides expert witness services relative to mechanical engineering issues. He is a registered Professional Engineer in Arizona, California, Colorado, Kansas, Massachusetts, Minnesota, Nebraska and Washington. Mr. Sabeff is also a LEED Accredited Professional. Mr. Wenger holds both Bachelor's and Master's degrees in Mechanical Engineering and is a LEED Accredited Professional. In his 25 years in the building industry, Mr. Wenger has focused on a broad range of mechanical system and building performance issues, from energy efficiency to indoor air quality (IAQ), and has most recently focused on building commissioning and peer review as vehicles to deliver stellar building performance. Mr. Wenger's broad commissioning experience includes buildings of virtually all types, from schools to condominiums, residence halls, office buildings, research laboratories, hospitals, museums and sports facilities, including numerous central plants for heating, cooling and cold storage. He has commissioned LEED projects at all certification levels, starting with USGBC's pilot program and is currently commissioning a project for the Natural Energy Laboratory of Hawaii, one of only a handful of projects awarded the exclusive Platinum certification. In addition to new building commissioning, Mr. Wenger is deeply involved in system troubleshooting and retro-commissioning, helping building owners cost effectively improve the energy efficiency and overall performance of their existing facilities. Mr. Wenger is also regarded as an expert on IAQ issues, having spent a portion of his career developing IAQ diagnostic and certification procedures, control strategies and sensor technology for a Fortune 150 building controls and services provider. He has served on a number of ASHRAE committees and currently provides reactive and proactive IAQ diagnostic services to building owners and serves as an expert witness. Mr. Wenger is the proposed Principal-in-Charge for the Burlingame project and will bring true value to the process. Mr. Nichols is the managing principal of EEI's Pacific Northwest operations and a project manager for special projects. Most projects personally completed by Mr. Nichols involve owner's representative services, assisting with design criteria, M/E/P construction management and final commissioning of the mechanical and electrical systems. His technical expertise is focused on facilities engineering, with special emphasis on systems documentation and systems analysis, improving performance and efficiency of HVAC systems. Typical analysis includes connected loads and demand profiles, physical plant capacities and performance in relation to the demands, age, life cycle costing and conversion potential to more efficient modes of operation. Mr. Nichols is a LEED Accredited Professional and a Certified Energy Manager. He is a registered Professional Engineer in Alaska ,California, Oregon and Washington. Page 5 of 36 Engineering Economics Inc PETE SABEFF JARRELL WENGER BURLINGAME SCOPE OF EEI understands the scope of the Burlingame Ranch Phase iI project to construct an WORK an additional 161 multi-family units in 20 buildings and 6 single family lots of affordable housing. We also understand the desire of the City of Aspen to achieve this development in a top quality and sustainable manner that provides good IAQ and contributes to overall quality of life for its residents. EEI is very interested in participating in this development. EEI has helped building owners achieve energy efficient facilities throughout our 25 years of existence, even when it was not in vogue. We also understand that achievement of building energy efficiency over a building's life is not just dependent on technology, but on appropriate technology that is sufficiently robust yet simple so that it can be understood by operations and maintenance staff and thereby successfully operated and maintained. Operational eftciency also can not come at the expense of other performance parameters such as indoor air quality, which must be a concurrent requirement. Burlingame .Sustainable C'ommunrry Rendering, A/A Colorado Engineering Economics Inc Page 6 of 36 Relevant Experience CASCADE RESIDENCES Vail, Colorado This project includes the demolition of an educational facility and two movie theaters while leaving eight existing condos and one restaurant unchanged. Eleven new condos totaling 30,000 SF were created along with new underground parking, commercial space and common areas of approximately 20,000 SF. The entire project includes the following: FACILITIES ^ Ski and bike rental service ^ Ski storage ^ Full-service health spa ^ 78,000 SF health club ^ Coffee shop and Lounge ^ Cunvenic;nce story ^ Two swimming pools -outdoor ^ l ennis crnlrts -indoor and outdoor • Private, heated and securul indoor parking ^ Meeting rooms ^ Ballrooms • Banquet facilities • Business center • Conference; rooms • Cafe; and market • l_ihrary ^ Child carp facilitie> AMENITIES • Chairlift ^ Ski-in./ski-out ^ Ski Valet ^ Ski ;uu{ hike rental service ^ Audio-visual equipment ^ Dry cleaning service • Supe:n•ised child care/activities EEI completed four peer reviews at appropriate junctures in schematic design, design development and construction document phases. The early reviews evaluated the appropriateness of system concepts described in narratives and drawings for performance, reliability, maintainability, energy efficiency and overall cost effectiveness. The late reviews were focused on completeness and clarity of plans and specifications, with the aim of minimizing potential change orders. Each review included a written evaluation with suggested alternatives for VE and/or improved performance. EEI will commission the following systems and equipment: ^ Heating, ventilation and air conditioning systems ^ Control system ^ Domestic hot water heating • Snowmelt system ^ Electrical system installation review with testing of emergency power and lighting controls Divner's Re~resentatire/Client . ..............................................................Western Skies USe)~Te)lrlllt ............................... .......................................................... VQr'tOt(.S Teftarlt$ Design Arcltitect ........................ ........................................................... RDK Architects Conmrissialing Atrtlloriry .......... ...................................... Engineering Ecnrtoniics, btc. Conlnletin)t Date ........................ ............................................................................2010 Arca ........................................... .................................................................... 50, 000 SF Cwtstr-uction Cost ...................... ...............................................................$3.000 (fee) Contact ...................................... . John N1cWillianls, Western Skies, Inc. 303.320.1010 Page 7 of 36 Engineering Economics Inc MOUNTAIN VIEW RESIDENCES Vail, Colorado Located on beautiful Gore Creek, Vail Mountain View Residences are just steps away from the Vista Bahn and Golden Peak Lifts. Each residence offers spectacular views of Vai] Mountain and the Gore Range. The three bedroom units are equipped with stunning master suites with walk-in closets, duel sinks in the master bath, steam shower and jacuzzi tubs. The two guest rooms have two full guest baths. The living areas have a gas fireplace with custom stone work and a large wrap-around heated deck overlooking the Gore Creek. The penthouse is a four bedroom unit with a fabulous master suite featuring floor to ceiling windows, gas fireplace, walk-in closets, and the master bath has heated marble floor, dual sinks, steam shower, jacuzzi tub and a heated towel bar. The penthouse features a heated stone rooftop patio with a private hot tub and gas fireplace which overlooks Gore Creek and Vail Mountain. The building amenities include underground assigned parking with large storage spaces, swimming pool and hot tub, ski locker room, heated driveways and walkways. EEI completed three peer reviews during the schematic design, design development and construction document phases. The early reviews evaluated the appropriateness of system concepts described in narratives and drawings for performance, reliability, maintainability, energy efficiency and overall cost effectiveness. The late reviews focused on completeness and clarity of plans and specifications, with the aim of minimizing potential change orders. Each review included written evaluations with suggested alternatives for VE and/or improved performance. EEI conducted commissioning testing of a sample of the following systems and equipment: ^ Heating, ventilation and air conditioning systems ^ Control system ^ Domestic hot water heating • Snowmelt system Otivner/Dei~eloper/C/lent ............... ................................................................Lunar Vail User/Tenant .................................. .................................................... Various Residents D~rign Architect ........................... .........................................Resort Design Associates ConrnrissioningAathoritv ............. ...................................EngineerirrgEcononrics, Lrc. Canrpletion Date ........................... ......................................................................... 2009 .Arecr .............................................. ................................................................. S5, 000 SF Construction Cost ......................... ............................................................$17,000 (fee) Cartact ......................................... ............. Ron Bvrne, Lunar Vail, LLC 970.476.1987 TIMBERLINE LODGE 8 Vail, Colorado The Timberline property is comprised of a 102-room Marriott Residence Inn hotel and 31 one-bedroom and two-bedroom condominium units, featuring a covered parking facility. EEI performed multiple peer reviews of the design, recommending several significant changes for improved performance and energy efficiency and reduced cost. Page 8 of 36 Engineering Economics Inc EEI will commission the following systems and equipment: • Heating, ventilation and air conditioning systems ^ Control system • Domestic hot water heating ^ Snowmelt system • Electrical system installation review, with testing of emergency power and lighting controls Otivner/Dereloper/Client ................................................ Timberline Roost Lodge, LLC Usc:r/Tertant ....................................................................................................... various Architect ...................................................................... Lightowlcr Johnson Associates Comnrissinrring Autlroritv ................................................ Engirreer7ng Economics, Inc. Area ............................................................................................................... 77, 000 SF Construction Cost .....................................................................................$30,000 (fee) Corttclct ......................... Greg Gctstinecnr, Timberline Roost Lodge LLC 970.476.1464 FOUNDER'S PLACE CONDOMINIUMS Eagle, Colorado Founder's Place Condominiums, a 36-unit condominium complex, is located in Eagle, Colorado, a mountain community about atwo-hour drive from Denver. This development is comprised of several 2-story buildings which form a loose ring around a central grassy courtyard. Several of the condominium units started experiencing humidity and mold problems within the first year of occupancy. With the exception of one unit, which experienced extensive mold problems, the mold and condensate issues were limited to gaps in the window frames. R.A. Nelson Builders, the general contractor, engaged EEI to investigate probable causes and solutions to the condensate and mold issues. EEI used owner questionnaires, temperature/relative humidity data loggers and exhaust fan measurements to research the moisture problem and compare units with moisture problems to units without moisture problems. Ten units were investigated in detail and the results of the study, along with recommendations for correcting the mold problem, were presented in a brief report. Owner/Dei~eloper/Cllent ..............................................Fomrders Place Corrdomirtittnts User/Tenant ................................................................................ Vm•ious-Residential General Contractvr ......................................................................R.A. Nelson Builders Corrsulting Engineer ........................................................ Engineering Economics, Inc. Completion Date ....................................................................................................1003 Tota! Construction Cost .................................................................................. Unk~rown Contact .................................... Chuck Collins, RA Nelson & Associates 970.949.51 ~1 SNOWMASS BASE VILLAGE Snowmass, Colorado LEED° Project The Snowmass Base Village is the anchor facility for redevelopment of the Snowmass ski area. The Village contains a number of separate buildings serving housing, retail, restaurant, conference and parking functions. All of the buildings are served by a central heating and cooling plant, which also serves an extensive snowmelt system. Engineering Economics Inc Page 9 of 36 EEI was retained by Intrawest to serve as the LEED Commissioning Authority for the project. Peer reviews of the design for the first phase of construction have been completed, and functional testing is scheduled to start in February of 2008. Project cost savings and efficiency improvements identified in EEI's reviews should easily pay back the commissioning fees. Commissioning services will be provided for the overall project in compliance with LEED requirements, although only specific buildings will pursue certification. The project will be constructed in six phases, and we are currently working on the first four: ^ Phasel A: 220,000 Square feet • Phase 1 B: 140,000 Square feet ^ Phase 2A: 280,000 Square feet ^ Phase 2B: 120,000 Square feet Otivrrer/Developer/Clienl .....................................................................Related WestPac User/Terrarrl ...................................................................................................... Various Architect ......................................... Oz Architecture, 4240 Architects, CCYArchitects Commissioning Authority ................................................ Engineering Ecorrorrucs, Inc. Cnnrpletion Dnte ............................................................................. 2007 through 2009 Area ............................................................................................................ 760, 000 SF Total Construction Cost .................................................................................. Unkrrowa Contact ...............................................Rrcrrr.Iohrtson, Rclatcrl 6G'estPac, 970.92?.'<Y4? VICEROY LUXURY HOTEL Snowmass, Colorado LEED° Silver Project (certifrcation in process) Only minutes from the center of downtown Aspen, Viceroy Snowmass will be a ski- in/ski-out, the 209,055 SF, 256-room hotel set within the new $1 billion Snowmass Base Village development. Hotel amenities will include a 7,000 square-foot spa, fitness center and multi-generational activities, such as the availability of a year- round swimming pool, kids club, casual and fine dining restaurants, flexible conference space, and ski valet facilities. The facility hopes to attain USGBC's LEED Silver rating and is expected to open in late 2009. EEI is commissioning the following systems and equipment: ^ Chillers, cooling towers and chilled water distribution system ^ Heating hot water system, including boilers, distribution pumps and heat exchangers for domestic hot water, spas and pool and snowmelt ^ Ventilation and air distribution systems ^ Unitary heating and cooling equipment including fan coil units, cabinet heaters and unit heaters ^ Exhaust systems and exhaust air heat recovery • Building automation and temperature controls system, including front-end and integration ^ Domestic hot water system ^ Emergency power system ^ Life safety systems ^ Lighting control system Page 10 of 36 Engineering Economics Inc Olvner/Developer/Chent ....................................... Kor Hotel Grutrp /Related Westpac U.ser/Tertant ................................................................................ Viceroti' Lrrrrrrv Hotel Architect .................................. Oz Arcl:itectrrre of Denver & Derrniston International Commissioning Ant{roritv ................................................Engineer-ingEcvnomics, Inc. Completion Date ...................................................................................Decenrber• 2009 Area ............................................................................................................ 209, O55 SF Total Construction Cost ............................................................................ $16D Million Corttact ...............................................Rvan Johnson, Related Westpac, 970.922.2842 SNOWMASS TOWN HALL Snowmass, Colorado The Snowmass Town Hall is located in Snowmass Village, Colorado. The building is approximately 25,000 SF and will be home to the police department, the Town Council, Town government oftices, the building and planning department, and Town financial officers. In addition to standard office building spaces, the building includes a small indoor parking garage on the basement level, locker rooms, and a two-story assembly area for the Town Council. The mechanical systems for this facility are more energy efficient than typical office building systems. Because the Town will own, maintain and occupy the building, life cycle equipment costs have been considered along with construction costs. The building has two variable air volume rooftop air handling units and will use carbon dioxide levels to control the amount of ventilation air brought into the building, providing good air quality but only heating and cooling as much air as the building needs. This is a substantial energy saver in buildings with intermittently occupied assembly areas like the Town Council chambers. High-efficiency boilers provide heating and snowmelt for the building. A web-based building automation system compatible with the automation systems in other Town buildings will operate the building for peak energy efficiency, and notify building operators of alarms related to the mechanical systems. With this system, it will be possible to receive and troubleshoot alarms remotely, address problems remotely and prevent small problems from going undetected and becoming larger problems. EEI's commissioning services for this building include design reviews at multiple design phases, construction observations, and focused functional testing. Otivrrer/beveloiler/Client ..................................................... Torn of Snotivmcrss Village User/Tenant ........................................................................TowrtgfSnoivmass {'illage Architect ...................................................................... Z Group Architects, Asperr, CD COIY1rr1lSStOr11T1QAUthOi"ItV-------~--~-------~--~--~~~--~--~-~~--~~-~--....E)rglneerillgECOITOnrlCS, lnc. Conrpletiorr Date ....................................................................................................2008 Ar•ecr .............................................................................................................. 25, 000 SF Corrstrtrctiar Cost ........................................................................................... Urtkrrotivrr Contact .................................... Jnson Huher•, Town of Sna«~nrnss 970.923.3777 x 603 PITKIN COUNTY PUBLIC WORKS DEPARTMENT Aspen, Colorado EEI performed evaluations ofthe following Pitkin County facilities to identify potential means of improving energy efficiency and overall performance. Construction Square Footage Pitkin County Jail 1984 & 1995 approx. 17,500 Includes jail areas, communication center & support spaces Page 11 of 36 Engineering Economics Inc RendPrrng Courtest o(Z Group Archftects Pitkin County Courthouse 1890 approx. 20,000 Includes courtrooms, office areas & support spaces Pitkin County Courthouse Plaza late 1970s approx. 16,000 Includes office areas & support spaces Pitkin County Library 1991 approx. 28,000 Includes large library areas, gallery, offices & support spaces Pitkin County Health & Human Services Building 1992 approx. 16,500 Includes a lobby, classrooms, offices & support spaces Pitkin County Public Works Buildings Admin Bldg 1989 17,500 office area Large-vehicle maintenance facility & storage building EEI discovered numerous opportunities to improve energy efficiency along with comfort and indoor air quality. Control and operational changes tend to be relatively low cost and provide quick paybacks through energy cost savings. More expensive system modifications and upgrades tend to have lengthier paybacks. Rough estimates of potential energy cost reductions were provided, primarily based on findings along with historic consumption of the buildings compared to typical buildings of similar use in a similar climate. Rough estimates of implementation costs and paybacks for specific measures were primarily based on previous experience. Building Potential Savings Compared to Current Savings Annual Energy Cost Jai I $ l 3,000 25% Courthouse $8,000 20% Courthouse Plaza $3,000 10% Library $20,000 25% Health & Human Services $8,000 25% Public Works $5,000 20% Total $_57,000 Owner/Dei~eloper/Client ............... ................ Pitkin County Ptrblic Narks Department User/Terrant .................................. ....................... ............................................. Various Retro-Conmrissioning Authoritv ... ....................... ............ Engineering Economics, L:c. Completion Date ........................... ....................... ....................................................N/A Area .............................................. ....................... .............................. 115,500 SF Total Tirtal Constrccctiocr Cast ................ ....................... ....................................................N/A Contact ......................................... ................. Jodi Srr:itlr, Pitkin County 970.910.5396 ASPEN SKIING COMPANY SUNDECK RESTAURANT Aspen, Colorado LEED® Project The 5undeck Restaurant is a new facility built on the top of Aspen Mountain (at 11,200 feet elevation). The building features a public restaurant served by a full commercial kitchen as well as private club dining, bar and living room areas. Extensive mechanical systems serve the kitchen, serving area, support spaces and snow melted patios. Engineering Economics Inc Page 12 of 36 EEI was hired as the Commissioning Authority to functionally test the mechanical and electrical systems of the building, demonstrate energy efficient operations, and demonstrate indoor air quality compliance. This commissioning effort was also instrumental in obtaining the LEED Certification, which was a fundamental design goal of the owner. This project was part of the LEED pilot program and was one of the first LEED certified facilities in the country. Otivner/bevelopen ........................................................................Aspen Skiing Company User/Tertmtt ................................................................................Aspc>n Skiing Compatry Architect ................................................................................................. CGYArchitects Contnrissioning Authority ..................................................Engineering Economies, Inc. Contplctiort Date ......................................................................................................2001 Aren ................................................................................................................ 22, 000 SF Contact ................................. Gert Van Moorsel, Aspen Skiing Contpa»v 970.923.8757 SNOWMASS COMMUNITY POOL Snowmass Village, Colorado The Snowmass Community Pool is located in Snowmass Village, Colorado. The building is approximately 9,000 SF, and houses a fitness area, locker rooms, and offices. The pools are located outdoors, and include three spas and a lap pool that operate year round, and a wading pool and recreation pool with water features that operate during the summer months. The mechanical systems for this facility are very energy conscious, are expected to reduce energy costs for the life of the building; given the ventilation and heating requirements of this type of facility, these considerations are important. Water source heat pumps reject heat to the lap pool to meet the cooling needs of the building. Solar panels pre-heat water for pool heating, building heating and domestic hot water. High-efficiency boilers that modulate and stage on and off serve snowmelt, radiant floor heating, swimming pool heating and domestic water heating systems. Packaged make-up air units are equipped with air-to-air heat exchangers that use exhaust to pre-heat and pre-cool the ventilation air required in the fitness and locker areas. A web-based building automation system monitors the building for peak energy efficiency, and notifies building operators of alarms related to the mechanical systems. With this system, it is possible to receive and troubleshoot alarms remotely, address problems remotely, and prevent small problems from going undetected and becoming larger problems. EEI's commissioning services for this building included design reviews at multiple design phases, construction observations, focused functional testing and seasonal testing. Otivner/Developer/Client ....................................................... Town of Snotivntass Village User/Tenartt .......................................................................... Town of Snowmass Village Architect ............................................................... Hagman Architects, Ltd., Basalt, CO Commissioning Anthority ..................................................Engineering Economics. Inc. Completion Dute ........................................................................................Sunnner 1006 Area .................................................................................................................. 9, 000 SF Construction Cost ..........................................................................................86.713,0(10 Contact ...................................... Hunt Walker, Town of Snowmass 970.923.5110 r 300 Engineering Economics Inc Page 13 of 36 ZEPHYR MOUNTAIN LODGE Winter Park, Colorado Zephyr Mountain Lodge is a 5-story luxury condominium building with ground level - _ , _ ... _ retail at the base of Winter Park Resort. The Lodge boasts convenient slope side ~. :• condominiums, four outdoor hot tubs, high speed dataport capabilities in every room, - astate-of-the-art fitness room, and secure, heated underground parking. .~: ~„ °°'~"'"~' EEI was retained by the home owner's association to retrocommission the boiler and •t ^aan•Kq <&~ . ""`~ ventilation systems due to high energy bills and "too hot" complaints throughout the -" ,P~Y~ •~ `t~ facility. EEI evaluated the HVAC systems and assisted the owner in selection and ~ - ~ ~ _ supervision of a controls contractor. Energy savings were immediate when EEI's recommendations were implemented. EEI is currently investigating additional areas of concern for this resort property. Oi vrt et /Dei~elnper .................................................................................................. Hi rtes User/Tettatrt ............................................................................................... Winter Park Construction Mcntager ...............................•------~--....................................................N/A Contmissiorting Authority ................................................ Engineering Economics, Inc. Canrpletion Date ......................................................................................... In Progress Area ............................................................................................................ 500, 000 SF Total Cortstrttctiort Cost ...........................................................................................N/A Contact .................. Steve Loo, httrawest Hospitality Management, Inc. 970J26.656b ASPEN SKIING COMPANY RETRO-COMMISSIONING Colorado EEI has provided retro-commissioning services for a number of Aspen Skiing Company facilities. The focus of the efforts ranged from solving operational problems to improving overall energy efficiency. Retro-commissioning investigation efforts have been completed for the following facilities: • Private Residence Club Condominiums, Snowmass ^ Bumps Restaurant, Buttermilk Ski Area, 19,000 SF ^ Aspen Airport Business Center, 12,000 SF Recommendations for the Private Residence Club included hot water piping moditcations and control modifications for improved reliability and equipment life. Recommendations for Bumps Restaurant included reconfiguring the ventilation air source from multiple uncontrolled openings to a single make-p air unit with evaporative cooling and a major controls upgrade to allow unoccupied setback. Significant energy savings were predicted along with substantial comfort improvements. High-efficiency boilers were considered as a longer term capital upgrade. Recommendations for the Aspen Airport Business Center included a major controls upgrade to allow unoccupied setback and to improve comfort control by zone. A ventilation upgrade was also recommended for improved indoor air quality. Significant energy savings and comfort improvements were predicted. Owner/bevelopen .......................................................................Aspen Skiing Contpa».v User/Tenartt ........................................................................................................ Various A7"CIJItC'Ct ............................................................................................................. Val'lotr.S Corttractor ..............................~--......................................................................... Various Commissioning Authority ..................................................Engineering Economics, htc. Completion Drrte .......................................................................................... 2009 - 2006 Engineering Economics Inc Page 14 of 36 Area ....................................................................................................... 64, 000 SF Total Tota! Construction Cost ...................................................................................... Various Contact ................................. Gert Van Mnorsel, Asperr Skiing Contparn~ 970.923.8757 ASPEN SKIING COMPANY SNOWMASS CLUB PHASE II CONDOMINIUMS Snowmass, Colorado EF,I was hired by Aspen Skiing Company to commission the new luxury condominium development -the Snowmass Club. The mechanical system for these condos features state-of-the-art water source heat pumps for energy-efficient heating, cooling and domestic hot water generation. Like the Aspen Club Golf Clubhouse, heat pump heat is drawn from or rejected to a water treatment pond that stays at a consistent temperature year round. During review of the design, EEI suggested improvements to the heat pump water circulation loop in an effort to reduce cost and improve efficiency. Heat pump testing revealed some operational problems along with an opportunity for sound attenuation improvement. EEI also assisted the owner in solving problems with the domestic hot water circulation loop. While work has been completed on the North Building, EEI's commissioning effort will continue for the South Building until mid-2005. Owner/Dei~eloper/Cliertt ..... .................................................... Sartctttarv/Storied Places User/Tenant ........................ .............. Aspen Skiing Conrpanv, Snowmass Ckrb Phase II Architect ............................. ........................................................... Cottle Gravbecrl Yaw Cornn:issioningAuthority ... ...............................................Engineering Economics, Inc. Conrpletiar Date ................. ............................................................................2003/2005 Area .................................... .............................................................................50.000 SF Construction Cost ............... ............................................................................. Un!<~rown Contact ............................... .. Gert Van Moorsel, Aspen Skiing Compar>.v 970.923.8757 CARBONDALE MUNICIPAL FACILITIES Carbondale, Colorado The Town of Carbondale is located 170 miles west of Denver and 30 miles from Aspen in the heart of Colorado's central Rocky Mountains. Carbondale's altitude is 6,181 feet. EEI performed an evaluation of the Carbondale Town Hall and the Carbondale Wastewater Treatment Plant Administration Building to identify potential means of improving energy efficiency and overall performance. We discovered a number of opportunities to increase energy efficiency. Expected energy consumption impact was stated in qualitative terms or rough quantitative estimates; estimates of paybacks for specific measures were based on previous experience. The Carbondale Town Hall is an 11-year-old building of approximately 11,500 SF. It includes a lobby, offices, police station, meeting rooms, and utility spaces. Very low cost measures were recommended for gas and electricity cost savings of about $2,800 per year, with additional savings from improving the lighting efficiency within the building. The Waste Water Treatment Plant Administration Building is a 2,060 SF building consisting of office space, laboratory space, a kitchen and a locker room. Low cost measures were recommended for gas savings of about $700 per year, with additional savings from improving the lighting efficiency within the building. Page 15 of 36 Engineering Economics Inc Owner/Developer/Chent ..................................................................................... CORE User/Tenant .................................................................................. Totivn of Carbondale Architect ..................................................................................................................N/A Retro-Commissioning Authority ...................................... Engineering Economics. Inc. Completion Date ....................................................................................................2007 Area .............................................................................................................. 13.560 SF Tota! Construction Cost ...........................................................................................N/A Contact ........................................................ Lauren Martindale, CORE 970.963.1090 UNIVERSITY OF NORTHERN COLORADO -WEST CAMPUS HOUSING Greeley, Colorado ~'~ R. ,, EEI is currently providing commissioning services for the new West Campus ~~ 'r ~ ~ ~g ~r~ ~'~`~ Housing Project for the University of Northern Colorado in Greeley, Colorado. The a ~'"°' ~ '~~ ~~ new housing project is part of the university's focus on improving the overall West Campus environment. The housing project will be built in two phases and will replace the antiquated McCowen Hall. Consistent with trends in on-campus housing, students will enjoy suite-style units. The five-story buildings are programmed to house about 720 students in double occupancy suites. The residential suites will be conditioned with individual 4-pipe fan coil units. Common areas will be served by VAV air handling units and zoned by VAV boxes. The cooling load will be met by a chilled water system. Chilled water for the housing will be produced by water cooled chillers located in the Phase 1 building. The campus distributed high temperature hot water will be converted to heating hot water for heating. Electrical power will be backed-up by an emergency generator that will also serve the life safety equipment. EEI commissioned the HVAC and plumbing systems, the chilled water and heating hot water systems, the building automation system, the lighting control system, and the electrical power system including the emergency power. Owner/Developer ...................................................... University of Northern Colorado User/Tenant .............................................................. University of Northern Colorado Architect ..............................................Davis Partnership and Centerhrook Architects Commissioning Atdhoritv ................................................EngineeringEconomics, Inc. Completive Date ............................................................................ Phase I -Full 2008 Phase II -Full 2009 ,4rea ..........................................................................................275, 000 SF (estimated) Cvnstrcrctiwr Cost .................................................................................... $53.2 Million Contact ...........................................................................Scott McClean. 970.351.1982 VAIL MOUNTAIN SCHOOL Vail, Colorado Vail Mountain School is a private K-12 school that has operated since 1962. EEI was chosen by the Owner's Representative to be the Commissioning Authority far this new facility, which replaced several existing buildings. The facility includes: • Offices • Classrooms ^ Laboratories ^ Library ^ Auditorium ^ Gymnasium • Kitchen/serving/dining area Engineering Economics Inc Page 16 of 36 EEI provided peer review services at the design development and construction document phases, suggesting numerous design modifications such as evaporative cooling to reduce cost and improve ultimate operation and energy efficiency. A commissioning kickoff meeting was held to educate contractors on the process and expectations. Mechanical installation reviews were completed. Functional testing commenced with the completion of the initial phase of construction. The initial phase of the new building was occupied in the Fall of 2004. The final phase of the building was ready for the Summer of 2005. Commissioning provided tremendous value to the owners and delivered a facility virtually free of operational problems. Otivner/Developer/Client ............................. Vail Mountain School//Western Skies, Lrc. User/Tenant ................................................................................ Vail Morortain School Design Architect .............................................................. Klipp, Colussy Jenks DuBois Commissioning Authority ................................................ Engineering Economics, Inc. Completion Date ...........................................................................................1004/2005 Area ............................................................................................................... 90, 00() SF Corrstrrrctiorr Cost ..........................................................................Approx. X22 Milliarr Contact .......................................John McWilliams, Western Skies, Inc. 303.320.1010 Sustainable Building Experience As a commissioning firm, EEI's everyday business is centered on sustainable building practice. Also referred to as "green" or "environmentally-sound," sustainable building is the use of design and construction methods and materials that are resource-efficient and that will not compromise the health of the environment or the well-being of the building's occupants, builders, the general public or future generations. Sustainable design and construction decisions take into account the relationship between the health of our built environments, the health of our natural environment and our own health. The main objectives of sustainable design are to avoid resource depletion of energy, water and raw materials; prevent environmental degradation caused by facilities and infrastructure throughout their life cycle; and create built environments that are livable, comfortable, safe and productive. While the definition of what constitutes sustainable building design is constantly changing, there are six fundamental principles on which nearly everyone can agree: • Optimize Site Potential Creating sustainable buildings starts with proper site selection, including consideration of the reuse or rehabilitation of existing buildings. The location, orientation and landscaping of a building affect the local ecosystems, transportation methods and energy use. ^ Optimize Energy Use With America's supply of fossil fuel dwindling, concerns for energy security increasing and the impact of greenhouse gases on world climate rising, it is essential to find ways to reduce load, increase efficiency and utilize renewable energy resources in all facilities. • Protect and Conserve Water In many parts of the country, fresh water is an increasingly scarce resource. A sustainable building can reduce, control/treat site-runoff, use water efficiently and reuse or recycle water for on-site use when feasible. Page 17 of 36 Engineering Economics Inc Use Environmentally Preferable Products A sustainable building may be constructed of materials that minimize life-cycle environmental impacts such as global warming, resource depletion and human toxicity. As such, they contribute to improved worker/student safety and health, reduced liabilities, reduced disposal costs and achievement of environmental goals. Enhance Indoor Environmental Quality (IEQ) The indoor environmental quality (IEQ) of a building has a significant impact on occupant health, comfort and productivity. Among other attributes, a sustainable building should maximize daylighting; have appropriate ventilation and moisture control; and avoid the use of materials with high-VOC emissions. Optimize Operational and Maintenance Practices Incorporating operating and maintenance considerations into the design of a facility will greatly contribute to improved learning/working environments, higher productivity and reduced energy costs. One of the most well-known proponents of sustainable building is the United States Green Building Council (USGBC). USGBC offers the public a LEED'R rating system for sustainable buildings, ranging from the basic certification through platinum level- EEI has commissioned over 300 buildings nationwide through this sustainable rating system at all levels of certification. The USDOE's Building America program has some common goals with the LEED program, focused on energy efficiency and renewable energy for affordable housing, The program uses awhole-house, systems engineering approach to select the least costly and highest value home features including: ^ Climate-specific designs ^ Super efficient walls, foundations, windows, and roofs ^ Passive solar heating and cooling ^ State-of--the-art heating, cooling, hot water, appliances, and lighting systems ^ Solar thermal and solar electric systems ^ Moisture resistant construction techniques EEI team members are well versed in these features and can assist the City of Aspen in making the best choices for the long-term. While the commissioning process embodies the concept of sustainable building, the only organization to date that certifies sustainable or "green" buildings is the USGBC with its LEED rating system. Page 18 of 36 Engineering Economics Inc Project Team Qualifications As previously stated, EEI employs 68 people in offices located throughout the country. This is important to mention as all of our technical staff are able to rely upon hundreds of tried and proven test procedures as well as a library of lessons learned which are stored on our corporate computer network. While we will staff the Burlingame Phase II project with personnel in our Golden office, we feel it is important to mention this depth of resource. The EEI Golden office employs twenty four people - 15 technical, 4 local administrators and 5 individuals who focus on national accounting and finance matters. Of the 15 technical personnel in our Golden location, there are l 1 LEED Accredited Professionals and 6 Professional Engineers. Team Roles and Decision-Making Capabilities As Principal-in-Charge, Jarrell Wenger will be ultimately responsible for scoping, planning, development of project deliverables and commissioning quality assurance. He will lead the peer review effort and chair commissioning meetings. Mr. Wenger will be available to the entire commissioning team for the duration of the project to guide the commissioning and ensure that it remains on track and within budget. Mr. Wenger manages EEI's Golden office and will be responsible for assigning staff and ensuring that they are fully committed to this project and available when needed. Mr. Wenger is an advocate of the IPD process and will remain available to the entire team for the duration of the project. Mr. Wenger maintains a "hand-on" approach to projects and appreciates every opportunity to visit the Western Slope. Over the past decade, Mr. Wenger has established strong client relationships in the area while working on a wide variety of projects. Additionally, Mr. Wenger is regarded as an expert on Indoor Environmental Quality ([EQ) issues. He has written a number of papers on the subject and is called upon to troubleshoot IEQ problems and to provide expert witness services across the country. As the Project Manager, Jim Bagrowski will assist in the peer review effort and will be instrumental in the development of mechanical functional test procedures and other commissioning documentation. Mr. Bagrowski specializes in energy efficient mechanical systems and has performed many system energy evaluations. Mr. Bagrowski will assist the project team in making the best sustainable design and construction choices in regard to the Building America program. He is a long-time LEED AP, has worked on numerous projects certified by the USGBC and is intimately familiar with sustainable construction methods. Jim Gibson will act as the Electrical Commissioning Engineer for the Burlingame Phase II project. He possesses a unique mix of installation, design and commissioning experience for a wide variety of facilities. He will be responsible for electrical system peer review, along with development of functional test procedures and other commissioning documentation. Mr. Gibson will lead EEI's electrical commissioning efforts by organizing and witnessing testing events. He is well- versed in the commissioning of lighting control, fire alarm and photovoltaic power systems along with UPS, emergency generator, paralleling switchgear, security and communication systems. Steve Olson will be the Commissioning Technician. In this role, Mr. Olson will review control system submittals with respect to design intent and sequence of operations. Mr. Olson is experienced in virtually all field aspects of building systems operation. Mr. Olson will also be our main point for installation verification and will assist Messrs. Bagrowski and Gibson in witnessing system start-ups and executing functional testing. Engineering Economics Inc Page 19 of 36 All of the EEI team members support the IPD process and are strong advocates of its principles of: ^ Mutual Respect and Trust ^ Mutual Benefit and Reward ^ Collaborative Innovation and Decision Making • Early Involvement of the Key Participants ^ Early Goal Definition ^ Intensified Planning ^ Open Communication ^ Appropriate Technology ^ Organization and Lead The IPD process closely resembles our philosophy of commissioning . Working with a project team which supports the IPD process will reduce finger pointing and blame when project challenges are revealed. Page 20 of 36 Engineering Economics Inc Jarrell D. Wenger, P.E., Principal-in-Charge, LEED® Accredited Professional EDUCATION B.Sc., Mechanical Engineering, Queen's University, Kingston, Ontario, Canada 1981 M.S., Mechanical Engineering, Colorado State University, 1984 PROFESSIONAL Kegistered Professional Engineer in Colorado, California, Hawaii and Wyoming REGISTRATION EXPERIENCE After earning his Masters Degree in Mechanical Engineering, Mr. Wenger worked for five years performing analysis, design, installation, troubleshooting and performance enhancement of mechanical and controls systems in a variety of facilities. The next eight years, he served as Senior Research Engineer for Johnson Controls where he was responsible for indoor air quality (IAQ) research and development, awareness and training, internal litigation expertise, business strategy development and control product development. Mr. Wenger's IAQ research efforts included diagnostics, building certification procedures, advanced contaminant and ventilation monitoring techniques, and control strategies for ventilation, IAQ, thermal comfort and energy efficiency. Mr. Wenger is an international expert on IAQ issues. He has spoken widely on the subject and has authored or co-authored numerous papers and articles. Since rejoining EEI in 1997, Mr. Wenger has focused on building system performance. He has managed and executed new system commissioning projects as well as retroactive commissioning and troubleshooting efforts. He has performed IAQ problem diagnostics and energy efficiency analyses with economic performance comparisons of HVAC and central plant alternatives. REPRESENTATIVE Snowmass Base Village, Snowmass, CO: Principal-in-Charge of commissioning this multi- PROJECTS phased $1 Billion mountain redevelopment project • Cascade Residences, Vail, CO: Principal-in-Charge of commissioning newly constructed condominiums, commercial space and open areas • Vail Mountain View Residences, Vail, CO: Principal-in-Charge of peer review services for this multi-unit residential facility • Vail Mountain School, Vail, CO: Principal-in-Charge of commissioning this $22 Million educational facility • Pitkin County Multiple Projects, Aspen, CO: Principal-in-Charge of retro-commissioning various public facilities in order to maximize energy efficiency overall building performance • Signature Centre at Denver West, Denver, CO: Principal-in-charge of commissioning this 185,000 SF LEED platinum office facility • Aspen Skiing Club, Golf Clubhouse, Snowmass, CO: Principal-in-Charge of commissioning for this LEED`~~-certified clubhouse facility outfitted with a the heat pump water circulation loop system • National Renewable Energy Laboratory (NREL), Science and Technology Facility, Golden, CO: Commissioning Authority for this LEED Platinum certified lab/office facility • National Energy Laboratory of Hawaii Authority, Kailua-Kona, HI: Principal-in-Charge of commissioning this LEED Platinum certified visitor center • Indoor Air Quality Analyses, Nationwide; Project Engineer for numerous IAQ evaluations of problem buildings, problem causes and recommendations SPECIAL LEED'' Accredited Professional QUALIFICATIONS PROFESSIONAL American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) AFFILIATIONS -Guideline Committee 10, Criteria for Acceptable Indoor Environments • American Solar Energy Society CASES) • Building Commissioning Association (BCA) • United States Green Building Council (USGBC) Engineering Economics Inc Page 21 of 36 James E. Bagrowski, P.E., LEED~'Accredited Professional, Project Manager EDUCATION B.S., Mechanical Engineering, University of Illinois at Chicago, 1990 M.S., Mechanical Engineering, University of Illinois at Chicago, 1996 PROFESSIONAL Registered Professional Engineer in Colorado and Illinois REGISTRATION EXPERIENCE Mr. Bagrowski brings valuable commissioning and LEED design experience to the EEI team. Jim's experience includes mechanical systems design, system load analysis, energy and life cycle and analysis, project cost estimates and project management. His services have been provided to a variety of facilities as seen below. REPRESENTATIVE University of Northern Colorado West Campus Housing Project, Greeley, CO: PROJECTS Project Manger for commissioning of this 275,000 SF dormitory facility • Maui Community College, Science Building Replacement Facility, Maui, Hl: Project Manger for commissioning of this $34 Million LEED replacement project, which will provide a new science building and research center containing classrooms, offices and laboratories • University of Northern Colorado West Campus Housing Project, Greeley, CO: Project Engineer for commissioning services of this 275,000 SF dormitory building • UCDHSC, Skaggs School of Pharmacy, Aurora, CO: Project Manager for commissioning this new LEED Silver (possibly Gold) 170,000-SF research and administrative building (expected completion 02/11) • UCHSC, Research Complex 2, Aurora, CO: Project Engineer for commissioning of this 450,000 SF medical research facility containing extensive laboratory space as well as a large vivarium facility (project in process) • Centers for Disease Control, National Center for Infectious Disease, Fort Collins, CO: Mechanical Commissioning Specialist involved in commissioning the utility plant, HVAC supply and exhaust systems for laboratory, vivarium, insectary and support areas • North Colorado Medical Center, Greeley, CO: Commissioning Project Engineer for this $63 Million 4-story medical addition and remodel project • Signature Centre at Denver West, Denver, CO: Commissioning Project Engineer for this Platinum LEED facility • Denver Justice Center, Denver, CO: Project Manger providing LEED commissioning services for this justice center complex containing a courthouse, detention center, parking garage and postal facility • Wyoming Department of Corrections: Commissioning Authority for several correctional facility projects in the state of Wyoming: o Wyoming Honor Farm -Multipurpose Building o Wyoming Women's Center -New Additions o Wyoming State Penitentiary -South Facility • Xcel Energy, Denver, CO: Project Engineer for providing recommissioning services to various entities in the metropolitan area including: 0 1700 Broadway Office Building o Lockheed Martin Astronautics EMF Building o Market Place Office Building PROFESSIONAL LEEDR' Accredited Professional AFFILIATIONS American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) Engineering Economics Inc Page 22 of 36 James B. Gibson, LEED'H AP, CLEP, Electrical Commissioning Engineer EDUCATION Candidate for Bachelors Degree in Electrical Engineering, University of Colorado, Denver Campus Master Certification, Colorado State Electrical Board, June 1990 Product and Technology Training (Lighting, Power Conditioning, Fire Alarm, Security, Generators and Inverter Systems, Lighting Controls, and UPS Systems) EXPERIENCE Mr. Gibson has extensive experience in designing, installing and testing electrical power, lighting, security and fire alarm systems for commercial, institutional, medical, hotel and historical facilities. He is certified as a master electrician and is a candidate for a Bachelors Degree in Electrical Engineering. He also has extensive AutoCAD and electrical product training. REPRESENTATIVE City & County of Denver -Denver Justice Center, Denver, CO: Electrical Commissioning PROJECTS professional for the LEEDR' commissioning of this 783,000 SF, 3-building, new justice center complex. • USAA Phoenix Norterra Campus, Phoenix, AZ: Electrical Systems Commissioning for this new 600,000 SF, 5-building LEED oftice campus project • University of Wyoming Berry Center for Natural History, Laramie, WY: Electrical commissioning services for this LEED $14 Million university facility containing shared research and educational outreach spaces, laboratories, offices, classrooms, a lecture hall, seminar rooms and a demonstration area • Grand Junction Readiness Center, Grand Junction, CO: Electrical commissioning services for this LEED military facility which readies troops leaving and returning from conflict University of Wyoming College of Business, Laramie, WY: Electrical commissioning services for this LEED 165,000 SF renovation and expansion project ^ Davey Jackson Elementary School, Jackson, WY: Electrical commissioning services of this LEED Gold 82,000 SF elementary school ^ Capital One Data Center, Richmond, VA: Commissioning and writing functional test procedures for critical power systems in various buildings University of Colorado, Health Sciences Center, Aurora, CO: Commissioning Professional far the electrical commissioning of this new 500,000 SF, medical research facility. • Colorado State University, BSL-3 Laboratory, Fort Collins, CO: Electrical installation review, troubleshooting and commissioning for this new research facility • North Colorado Medical Center, Greeley, CO: Electrical commissioning of all standard hospital electrical systems as well as emergency power systems and electrical aspects of life- safety systems • Centers for Disease Control, National Center for Infectious Disease, Fort Collins, CO: Electrical Commissioning Specialist charged with commissioning the power distribution systems, extensive BAS and lighting control systems • National Jewish Medical and Research Center, Denver, CO: Retro-commissioning Electrical Commissioning Specialist for this 480,000 SF hospital facility responsible for recommendations which led to reduced facility electrical consumption resulting in approximately $35,000 in annual operating savings • University of Kansas Multidisciplinary Research Building, Lawrence, KS: Electrical Commissioning of this state-of--the-art medical research facility University of Denver, College of Law, Denver, CO: Project Engineer for electrical systems commissioning for this LEED'"-certified facility SPECIAL LEEDx' Accredited Professional QUALIFICATIONS PROFESSIONAL Association of Energy Engineers, Certified Lighting Efficiency Professional (CLEP) AFFILIATIONS National Fire Protection Association (NFPA) • National Electrical Testing Association (META) • Institute of Electrical & Electronics Engineers, Inc. (IEEE) ^ Master Certification, Colorado State Electrical Board Engineering Economics Inc Page 23 of 36 Steven Olson, LEED®Accredited Professional, Commissioning Technician EDUCATION B.S., Mechanical Engineering, University of Colorado at Denver, 1987 PROFESSIONAL Registered Engineering-in-Training in Colorado since 1987 REGISTRATION EXPERIENCE Mr. Olson has extensive experience in servicing, troubleshooting, flow balancing of air and water systems, ductwork fabrication and installation of refrigeration and HVAC systems, as well as controls design, drafting and installation. Mr. Olson has worked as a fabricator, installer, service technician, balancing technician, drafter and engineer. Since joining EEI Mr. Olson has performed multiple commissioning and retro- commissioning functions including numerical analysis of projected energy savings; plan, specification, and submittal reviews; system performance modeling; contract document review; refrigeration design review; control design review; mechanical design review; development of systems manuals and project final reports; project commissioning status reviews; on-site mechanical and electrical functional and systems testing; and troubleshooting system performance issues. REPRESENTATIVE Pitkin County HVAC Energy Efficiency Evaluation, Aspen, CO: Project Engineer PROJECTS for retro-commissioning, energy evaluation and controls reconfiguration design for six county buildings totaling over 196,000 SF • Gates Plaza, Denver, CO: Project Engineer for retro-commissioning of this 285,000- SF, 10-story building for Gates headquarters • Snowmass Base Village, Phase 1B, Building S, Snowmass, CO: Project Engineer for commissioning of this LEEDC~ 102,000-SF new base village phase • Viceroy Hotel, Building 13A, Snowmass, CO: Project Engineer for commissioning of this 210,000-SF new base village hotel • Snowmass Base Village, Phase lA, Snowmass, CO: Project Engineer for commissioning of this LEEDC~ 220,000-SF new base village phase ^ Davey Jackson Elementary School, Jackson, WY: Mechanical commissioning specialist for this 82,000-SF K-12 new LEED elementary school • Pascal II, Aurora, CO: Project Engineer for commissioning services for this new 10,000-SF rare book storage facility on the University of Colorado medical campus • Snowmass Recreation Center Gymnasium Addition, Snowmass, CO: Project Engineer for commissioning of this 9,000-SF new recreation center gymnasium expansion • Signature Center at Denver West, Golden, CO: Project Engineer for LEED® commissioning services for this 185,000-SF office building • Research Center 2, Aurora, CO: Project Engineer for commissioning of this 530,000-SF, 13-story biomedical research facility for the University of Colorado Denver Anschutz Medical Campus ^ University of Colorado Health Science Center -Fitzsimons Library, Aurora, CO: Project Engineer for commissioning this state-of--the-art health sciences library • 1801 California Street, Denver, CO: Project Engineer for energy analysis and retro- commissioning this 54-story office building totaling over 1 million SF SPECIAL LEED Accredited Professional QUALIFICATIONS PROFESSIONAL American Society of Heating, Refrigeration, and Air Conditioning Engineers AFFILIATIONS (ASHRAE) Engineering Economics Inc Page 24 of 36 Financial Standing FINANCIAL EEI's financial condition is impeccable and is overseen by the firm's Chief Financial CONDITION Officer, Blake Hickok, who has managed the company's financial affairs for more than 12 years. EEI's approach to business and financial management has created strong cash flows for the company and significant cash reserves. As a result, the firm has completely eliminated its need for any third-party financing (bank loans, lines of credit, etc.). The firm has operated without third-party financing for more than a decade. Although fully bondable, EEI's clients have always waived bonding requirements due to the firm's strong financial condition. EEI is listed with Dun & Bradstreet (Account No. 114053267) and is rated with the highest Dun & Bradstreet rating given to a firm its size. Wells Fargo Bank of Colorado has exclusively handled the firm's banking requirements for more than a decade, and Asa Cote, the firm's Corporate Banker can be contacted for a reference. Her contact information is as follows: Asa Cote, Wells Fargo Bank of Colorado, 143 Union Blvd., Lakewood, CO 80228. She can be reached at (303) 914-4068 or by email at asa.cot~wellsfar og com. In the firm's 25 years of business, EEI has always fulfilled its contractual obligations, and has never demonstrated any difficultly in executing a project due to financial concerns. It should be noted that EEI has managed multiple projects in excess of $4.5 million (in fees) per project. BANKRUPTCY EEI has never filed for bankruptcy and in its 25 years of business, and we have only one case ofproject-related litigation, which is active at this time. The project involves amid-western university campus experiencing negative pressurization issues. Although EEI has been named as a party to the filing (as were all project participants), the university (EEI's client) has gone on record that it does not believe EEI was at fault, and has recommended our services for several subsequent projects. This litigation is in the investigative phase, and we are presently filing our formal answers to the Court. With respect to the negative pressurization issues, EEI has documentation demonstrating that it raised this issue as a concern during the design review phase of the firm's services and during construction as well. LITIGATION In its 25 years of business, EEI has only one case of project-related litigation, which is active at this time. The project involves amid-western university campus experiencing negative pressurization issues. Although EEI has been named as a party to the filing (as were all project participants), the university (EEI's client) has gone on record that it does not believe EEI was at fault, and has utilized our services for several subsequent projects. This litigation is in the investigative phase, and we are presently filing our formal answers to the Court. With respect to the negative pressurization issues, EEI has documentation demonstrating that it raised this issue as a concern during the design review phase of the firm's services and during construction. This is the only project-related litigation involving the firm. In addition, we have never had a claim against the firm's professional liability insurance. REFERENCED PROJECTS 8~ FINANCIAL CAPACITY The projects referenced as EEI's commissioning experience illustrate our financial capacity to complete Burlingame Ranch Phase II in that they are a variety projects, several of substantial size and many performed over multi-year terms. We take our project commitments seriously, completing projects for our clients (even if we underestimated the fee) and providing ongoing service long after the construction team has left the site. Most of our work comes from repeat business for existing clients and word of mouth referrals, which testifies to the reliable and quality services that we provide. Engineering Economics Inc Page 25 of 36 Wells Fargo Bank, N.A. Business Banking MAC C7312-050 143 Union Blvd., Ste 500 Lakewood, CO 80228 August 21, 2009 RE: Engineering Economics, Inc. (EEI) To Whom It May Concern: It is my pleasure to provide you with the following information on our banking relationship with Engineering Economics, Inc. (EEI). EEI has been banking with Wells Fargo Bank since May, 1993 and continues to maintain a depository relationship with Wells Fargo Bank, N.A., all of which has been handled to our complete satisfaction. Wells Fargo Bank is well acquainted with the principals of EEI, and considers them to be individuals of sound character and integrity. Both they and the company are considered well regarded customers of our bank. If I can provide you with any additional information regarding this customer or be of assistance in any other way, please feel free to contact me at 303-914-4068. Sincerely, ~~~~ ~~ Asa Cote Vice President Wells Fargo Business Banking Engineering Economics Inc Page 26 of 36 Project Understanding 8c Approach In addition to commissioning, EEI's Golden, Colorado-based team has extensive experience in MEP and control system design, energy analysis, installation, operation and repair, which helps us understand the long term challenges of the design team as well as the O&M staff. Our commissioning experience gives us insight into a broad range of state of the art sustainable technologies, and the strengths and weaknesses of each. This perspective allows us to provide valuable advice to owners on the best system choices to meet performance goals in the context of their resources and capabilities and the intended occupants. Our preferred project approach meshes perfectly with the Integrated Project Delivery (IPD) process used to achieve high quality and sustainable facilities. We like to begin our effort as early as possible to maximize the impact and minimize the cost of the quality assurance aspects of commissioning. Successful commissioning clearly benefits from trust, respect and collaboration, to work to the common goal of delivering a top quality facility operating at peak performance. We view commissioning as a quality assurance process to minimize construction deficiencies and maximize building performance. Commissioning should encourage a culture of quality within the construction team to encourage all parties to verify their work such that systems work right the first time for testing and use. Commissioning is also a vehicle for fine-tuning system operation and ultimate verification of performance. We will use our extensive past experience to provide efficient and effective management of the commissioning effort for the Burlingame Phase II project (Burlingame). This includes recommending the appropriate level of commissioning for each system, using the most qualified staff members for each phase of the project, and efficient project scheduling and documentation. We will try to deliver the best value by focusing our time on the project as to when, where and how we are needed. We view our role in the project as representing the City of Aspen's long-term interests in owning and operating the facility, especially from the perspective of the operating and maintenance staff. Throughout the commissioning effort, we work to ensure that the final delivered facility will perform at or above the intended level for occupant comfort and indoor environmental quality, and that it will have exceptional energy efficiency, operability, reliability and maintainability. We use lessons learned on other projects and our commissioning experience with similar equipment and systems, to advocate the best system and equipment choices and operating parameters. Coru•eptualization Our experience in commissioning many different high performance systems allows us to significantly contribute to the IPM team discussion of MEP system alternatives, focusing on energy performance, indoor environmental quality, reliability and maintainability. We refer to the Owner's Project Requirements document as the description of the overall project intent. In addition to contributing content to this document, our senior commissioning staff can help develop appropriate MEP criteria to ensure that the facility will ultimately meet the City of Aspen's goals. Criteria Design The Basis of Design is the design team's interpretation of the Owner's Project Requirements in more specific technical terms. We typically provide a formal review of this document to ensure that it is true to the Owner's Project Requirements and refer to this document when evaluating future iterations of the design. We can also Engineering Economics Inc Page 27 of 36 contribute criteria content to help ensure that the chosen systems meet Aspen's performance requirements while staying within budget constraints. Detailed Design As the details of the design come into focus, our early design reviews are aimed at ensuring that the design is consistent with the Owner's Project Requirements and the Basis of Design. We also comment on the likely success of specific approaches based on our past commissioning experience. The Commissioning Plan can also be drafted at this time to establish the roles and responsibilities for each member of the commissioning team (consisting of Owner's representative(s), Commissioning Authority, Design Team representatives and Construction Team representatives} in the process. The Commissioning Plan should cover the entire project, yet address individual buildings and specific systems. luipleiuentation (Construction) Documents Our construction document reviews are focused on ensuring that documents are clear and complete and systems are constructible and commissionable. We will provide commissioning specifications to establish the commissioning contractual requirements for members of the construction team. Other relevant specification sections will be formally reviewed to ensure appropriate provisions for test, adjust and balance, controls sequencing and tuning, operator and occupant training, operations and maintenance documentation, and record documents. The Commissioning Plan will be updated to reflect the evolving design. EEI will work with the construction manager over the course of the project to establish and refine the commissioning schedule and integrate it into the overall construction schedule. Document reviews are performed by our senior commissioning staff. Construction As construction gets underway, the commissioning plan will be presented to the entire commissioning team in the scoping meeting. EEI will lead additional meetings as needed for coordination and resolution of issues. We will work closely with the construction manager to establish start-up requirements, plan and schedule, and will provide additional detailed installation verification checklists as necessary to guide the process. We will review submittals in parallel with the design team and use them to develop customized functional test procedures for the systems to be commissioned. We review construction at appropriate intervals for compliance with project documents and overall quality. In addition to our senior commissioning staff, our field staff now becomes involved in our effort. In detail and in general, we verify that performance is in accordance with Aspen's requirements. Clo.cenut We will execute and document the functional tests with assistance from the installing contractors. Systems will be tested in all potential operating modes, including normal, emergency and failure. We organize our tests by system, including key component equipment. Multiple systems will be tested simultaneously in the integrated system testing. Test results will be documented with any failed tests repeated, after system corrections have been made, until they are successfully completed. We will be available to provide troubleshooting or other additional services as needed. Successful collaboration within the team will result in quality system installation and minima] failed tests, troubleshooting and rework. Final acceptance of systems and buildings is can be made contingent on successful completion of commissioning functional testing. We will document and report commissioning activities throughout the project and will assemble that documentation as a final project record. Operational insights gained during commissioning will be shown in the report. If requested, EEI can Page 28 of 36 Engineering Economics Inc provide this documentation in electronic format for ease of future use and reference. We will also review project record documents and O&M manuals for accuracy and completeness. We will work with the construction team to coordinate training to ensure that the O&M staff receives complete and appropriate training. If desired, we can go beyond the component-level training typically provided by the contractors and provide a systems manual and systems-level training of operators and occupants. Occupancy We will perform appropriate seasonal testing to test systems under real loads. We will also perform a near warranty end performance check through a combination of review of trended data and additional testing. If any issues are discovered, corrections can be appropriately assigned to contractors as warranty issues. Engineering Economics Inc Page 29 of 36 Proposed Services Commissioning services will be provided as described below for the Burlingame Ranch Phase II project. Systems to be commissioned will include heating (and cooling as appropriate), ventilation, controls, domestic water heating, fire alarm, fire suppression, solar heating and solar photovoltaic. Conceptualization: l . Work with the IPD team to establish Owner's Project Requirements (OPR) for energy performance, indoor environmental quality, reliability and maintainability. 2. Assist in development of conceptual criteria for the project in accordance with the OPR, specifically for the systems to be commissioned. 3. Communicate commissioning goals to the IPD team. 4. Provide input to the team on commissioning-related considerations for the design. 5. Evaluate the conceptual criteria for the project relative to the OPR; communicate issues to the IPD team. 6. Participate in analysis of structure construction strategy from a commissioning perspective. 7. One full-day on-site meeting with 2 EEI participants is assumed. Criteria Design 1. Assist in refinement of OPR. 2. Assist in continued development of conceptual criteria for the project in accordance with the OPR. 3. Review and comment on performance estimates such as energy modeling. 4. Provide input on first cost considerations for the design relative to budget, along with life cycle costs considering energy efficiency, reliability and maintenance. 5. Identify issues as early as possible to minimize the impact on cost and schedule. 6. Continue to participate in analysis of structure construction strategy from a commissioning perspective 7. One full-day on-site meeting with 2 EEI participants is assumed. Detailed Design 1. Formally review the A/E work product and make recommendations to improve energy performance, indoor environmental quality long, term operation and commissionability. 2. Develop Commissioning Plan(s) for the project, including individual buildings and systems to be commissioned including descriptions of goals, roles and responsibilities of various parties, and schedule. 3. Work with the IPD team to develop commissioning-related requirements that are consistent with the commissioning plan for construction, installation, startup, documentation, functional testing and training for the systems to be commissioned. 4. Help finalize analysis of structure construction strategy from a commissioning perspective 5. One full-day on-site meeting with 2 EEI participants is assumed. Page 30 of 36 Engineering Economics Inc Implementation Documents 1. Work with the IPD team to develop detailed commissioning specifications for inclusion in the implementation documents. 2. Formally review the documents prior to finalization for completeness, clarity and constructability, documenting specific recommendations. 3. Update the Commissioning Plan(s) to reflect the evolving design. 4. Develop and document detailed checklists and functional test procedures for verifying acceptability of systems implementation including test, adjust and balance, controls sequencing, tuning and interface, as-built documentation, operation and maintenance documentation, training, and warranty response. 5. Revise checklists and functional test procedures based on IPM team input. 6. One full-day on-site meeting with 1 EEI participant is assumed. Construction and Closeout 1. Review key submittals for systems to be commissioned in parallel with design team and provide relevant comments. 2. utilize information from submittals to finalize functional test procedures. 3. Coordinate with the construction manager to incorporate commissioning activities into the overall project schedule. 4. Conduct a Commissioning Kickoff meeting to review goals, expectations, roles and responsibilities and schedule to encourage quality installation for successful commissioning and rapid acceptance. 5. Perform strategic site visits to verify construction progress and quality, documenting activities and issues to be addressed by others. 6. Execute functional test procedures to verify acceptability of systems to be commissioned in all modes of operation (normal, emergency and failure). -"" 7. Document commissioning issues, recommending specific corrective ~ action as necessary, confirming acceptability when completed, and logging and tracking issues to closure. 8. Conduct meetings to review and resolve issues. 9. Review as-built documentation and operations and maintenance documentation for completeness and accuracy. 10. Verify contractor-provided training 11. Execute appropriate post-occupancy seasonal testing of systems. 12. Review post-occupancy operation and performance through the warranty period, documenting issues for warranty claims as appropriate. 13. Provide a commissioning project record of all commissioning documentation, from review comments, to issues log, to completed functional test procedures, to systems manual and training documentation. Optional Service -Commission Building Envelopes 1. Review plans and comment on levels of insulation, window and door performance and application of air/vapor barriers. 2. Perform building pressurization testing and identify primary leakage paths. Optional Service -Systems Training 1. Develop a systems manual for the buildings. 2. Provide systems-level training of operators and occupants to complement contractor-provided training. Page 31 of 36 Engineering Economics Inc Optional Service Reduction -Sampling Strategy for Functional Testing 1. The scope of work assumes 100% testing of systems to be commissioned. 2. For essentially identical systems, test a representative sample of systems for potential commissioning fee reduction of approximately 25%, depending on specifics of the design. Page 32 of 36 Engineering Economics Inc Proposed Staffrng Phase Principal PM Cx Eng Cx Tech Phase $150 $120 $105 $95 Fee Conceptualization Criteria Design Detailed Design Implementation Documents Construction Post Occupancy Category Fee Systems Training Option Category Fee Envelope Cx Option Category Fee $8,310 $8,310 $8,010 $24,840 $105,635 $6,760 $7,200 $31,800 $78,120 $44,745 $161,865 4 4 38 14 $600 $480 $3,990 $1,330 $6,400 4 16 46 46 $600 $1,920 $4,830 $4,370 $11,720 Engineering Economics Inc Page 33 of 36 Phase Conceptualization Criteria Design Detailed Design Implementation Documents Construction Post Occupancy Travel Other Reimbursables $400 $400 $400 $400 $15, 800 $700 Category $17,600 $500 $18,100 Systems Training Option $400 $50 $450 Category $400 $50 $450 Envelope Cx Option $1,680 $1,800 $3,480 Category $1,680 $1,800 $3,480 Phase Fee Including Reimbursables $8,710 $8,710 $8,410 $25,240 $121,435 $7,460 $179, 965 $6,850 $15,200 Travel expenses are billed at cost plus 10%. Personal car mileage is billed at the current IRS rate. Other expenses such as instrumentation use are billed at market rates. Engineering Economics Inc Page 34 of 36 lQ y O = a ~ o ~ a. t ~ c a ~ y ~ c ~ ~ ~ c a 01 C U ~ .o C .- ~ ~_ m O V ' ~ v C -p ~ C ~ ~ Q "O N U Q d ° O O ~ R ~ ~ c p ~ a ca 'y c 0 ~ p y U c U E A ~ O C o c _ E ~j U II II II V V V _O _O O O 1h O w O O w O O Efl O O ~ M O V O O O fA O O !~ O O fA O O ~ ~ ~ 01 ~(f 01 O w O O w O O O O O ~ ~ M co M ao O ao t0 7 N - N OD oO ~ 00 V ~ w ~ w N M M N O o ~ w 1f1 ~ ~ fA FA fA N fA w N N N ~ ~ c ~ w N e» w N ~ w w w N V ~ ~ ~ R ~ O F U . ~ O O _o M _o M _o O 0 M 0 o N 0 o N 0 r~ 0 v O 0 v O 0 o 0 o 0 V ~n rn ~n rn o o 0 0 0 o ' .n m U y y aD aO a0 p V' _ O N V V V w V ~ N N M ~ M ~ O (D to ~ lf ) (O W 00 w ~ FA fA w N w fA fA N w N uv N f» N w E» f» N a7 to Uf w }}..~~~~ V/ C C o ~L y ~ E O C . v ~ C W w J d ~ m ~ ! 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Tn;.hnr•~•rinf; Fa•unomir~ inr• Arizo-ta North Carolina 12835 West Cabrillo Court 2501 Blue Ridge Road Suite 250 Sun City AZ 85375 Raleigh NC 27607 Northern Califor-tia Oregon 152 Oakmont Way 12042 SE Sunnyside Road #365 Los Gatos CA 95032 Clackamas OR 97015 Southern Culifornia Texas 5721 W. Slauson Avenue Suite 160 11503 Jones Maltsberger Road Suite 276 Los Angeles CA 90230 San Antonio TX 78216 Colorado Virginia 780 Simrns Street Suite 210 191 I Memorial Avenue Golden CO 80401 Roanoke VA 24015 Kansas/Missouri Wushington 8700 Monrovia Suite 310 1201 Western Avenue Suite 325 Lenexa KS 66215 Seattle WA 98101 Kentucky Washington 4949 Old Brownsboro Road Suite 277 509 North Sullivan Road Suite C Louisville KY" 40222 Spokane Valley WA 99037 New Mexico Washington DC 3200 Carlisle Boulevazd NL• Suite 250 4201 Wilson Blvd Suite 1 10-266 Albuquerque NM 87110 Arlington VA 22203 www.eeiengineers.com Engineering Economics Inc Page 36 of 36 Christopher Everson From: Jarrell Wenger [Jarrell.Wenger@eeiengineers.com] Sent: Tuesday, February 16, 2010 6:08 PM To: Christopher Everson Cc: Christina Morley; Jim Bagrowski Subject: RE: Burlingame II Commissioning Services Clarification Attachments: Commissioning Services Checklist EEI v2.xls Chris: Please see the attached updated checklist. We estimated 66 man-days on site for our base proposal functional testing activities, including meetings. The number of personnel would be variable, adjusted as necessary (within reason) to complete our work in the allowable time. Since it is difficult to predict the required level of effort for commissioning at this stage in the overall project, our fee includes some contingencies that may not ultimately be required. Our proposal is based on our standard billing rates and we would be willing to accept terms as hourly plus expenses up to the proposed fees as not-to- exceed values. Within the proposed fees and the resulting budget hours, our effort can shifted from one activity to another (per City approval) as necessary to meet the needs of the project. This approach will also offer potential savings to the City of Aspen when we combine trips to the site with our other work in the area on the Snowmass Base Village or projects for Aspen Skiing Company. Feel free to contact me with any additional questions or needs for clarification. Jarrell Wenger Engineering Economics Inc T: 303.239.8700 From: Christopher Everson [mailto:Chris.Everson@ci.aspen.co.us] Sent: Tuesday, February 16, 2010 9:58 AM To: Jarrell Wenger Cc: Christina Morley Subject: Burlingame II Commissioning Services Clarification Jarrell: The selection committee would like to take one last opportunity to double check the scope of work that your proposal describes. The attached file is an "at-a-glance" checklist from the RFP and adds some additional detail about systems to be commissioned. We have filled in the checklist to the extent that we believe that these services are included in your proposal. Please review the checklist and make corrections (if any are necessary) and please return the checklist by 12:00 noon tomorrow (Wednesday, February 17). Otherwise please verify that we have filled out the checklist correctly for your proposal. Thank you. ^~ ~~ ~r<t~aca Chris Everson Affordable Housing Project Manager City of Aspen 130 South Galena Street Aspen, CO 81611 office: 970.429.1834 4.2 Detailed Description of Commissioning Services EEI 4.2.1 Conceptualization 4.2.1.1 Consult on the development of owner's requirements for the following systems: Heating, Ventilating, Fire Alarm, Sprinkler, Domestic Hot Water, Solar Preheating, Ground-source Preheating, Photovoltaic, Other (see section 8 below) / 4.2.1.2 Consult on the early design to meet owner's requirements / 4.2.1.3 Participate in conceptual construction methodology analysis from commissioning perspective / 4.2.1.4 Number of on-site meetings dedicated to this phase 1 4.2.1.5 Number of personnel dedicated to the above number of on-site meetings 2 4.2.2 Criteria Design 4.2.2.1 Consult on the development of owners requirements for the systems listed above to develop the owner's requirements into project design criteria that address systems function, performance, and maintainability / 4.2.2.2 Early design review: first-cost and long-term cos[ considerations, potential system performance problems, energy-effciency improvements, indoor environmental quality issues, operation and maintenance considerations / 4.2.2.3 Consult to identify potential problems early, before they can affect later phases of the projeM and cause delays or require corrections / 4.2.2.4 Participate in final construction methodology analysis from commissioning perspective / 4.2.2.5 Number of on-site meetings dedicated to this phase 1 4.2.2.6 Number of personnel dedicated to the above number of on-site meetings 2 4.2.3 Detailed Design 4.2.3.1 Formal design review: make design recommendations to facilitate commissioning and improve building performance / 4.2.3.2 Develop detailed commissioning plan for each building and each building system / 4.2.3.3 Develop contractors responsibilities / 4.2.3.4 Final input/consultation on construction methodology analysis from commissioning perspective / 4.2.3.5 Number of on-site meetings dedicated to this phase 1 4.2.3.6 Number of personnel dedicated to the above number of on-site meetings 2 4.2.4 Implementation Documents 4.2.4.1 Develop detailed commissioning specifications / 4.2.4.2 Document responsibilities and systematic procedures for system testing, balancing, fine-tuning, training, owner's documentation & manuals, acceptance and warranty / 4.2.4.3 Formal design review for completeness, clarity, constructability, document specific recommendations / 4.2.4.4 Number of on-site meetings dedicated to this phase 1 4.2.4.5 Number of personnel dedicated to the above number of on-site meetings 1 4.2.5 Construction & Closeout 4.2.5.1 Coordinate systematic execution of the detailed commissioning plan / 4.2.5.2 Document building systems functional compliance with design specifications / 4.2.5.3 Number of on-site meetings dedicated to this phase 66 4.2.5.4 Number of personnel dedicated to the above number of on-site meetings as needed 8.0 Systems Commissioned (since the RFP said, "and the remainder of building controls systems, please clarify for specifically what systems consulting and commissioning is included in your fxed fee proposal) 8.1 Domestic Hot/Cold Water Systems / 8.2 Heating Systems / 8.2 Ventilation Systems / 8.4 Solar Hot Water Preheat / 8.5 Solar PV / 8.6 Ground Source Heat Exchange / 8.7 Smoke detection / 8.8 CO detection / 8.9 Fire supression / 8.10 Lighting / 8.11 Electrical / 8.12 Building Envelope Optional 8.13 Operator & Occupant Systems Manuals & Training Optional