Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
resolution.council.062-13
RESOLUTION NO. _ Series of 2013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT FOR PRECONSTRUCTION SERVICES FOR DESIGN OF THE GALENA PLAZA, BETWEEN THE CITY OF ASPEN AND RLB RIDER LEVETT BUCKNALL, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Preconstruction Services Contract for design of the Galena Plaza, between the City of Aspen and RLB Rider Levett Bucknall, a true and accurate copy of which is attached hereto as Exhibit «A,,. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that Contract for Preconstruction Services for design of the Galena Plaza, between the City of Aspen and RLB Rider Levett Bucknall, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor or City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 10 day of �tM,-P- , 2013. Wchael . a nd, Mayo 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 on the day herei" above stated. AL P S.Koch, rty Clerk TN-5/30/2013-34304-G:\Tara\FILES M-Z\RESOS\Galena Plaza.docxx PROCUREMENT CONTRACT ROUTING SLIP AND CHECK LIST Instructions: This form should be completed at each step of the procurement process and should follow each request for review or approval. Contracts under $5,000 require only Department Head approval. Contracts over $5,000 require City Manager approval. They do not require competitive bids but require documentation of source selection process. Contracts over $10,000 require City Attorney and City Manager approval. Competitive bidding process is required. Contracts over $25,000 require City Council approval. ALL CONTRACTS ' Procurement Description: ?� — �����C�JS��if_7�`�j � roject : ZO/3 � Budget estimate for this project: $ Capital Director's Review ` Finance Review: Account Code: �� Is proposed expenditure approved in the Department's budget? Yes No Explain process for vendor selection: 5( `�3Dept. Head approval of proposal: City Manager Approval City Attorney Approval CONTRACTS OVER$5,000 AND UNDER$10,000 Competitive Quotes: $ (Attach Quotes) Contractor/Vendor Selected: Dept. Head approval: City Manager Approval: City Attorney Review: Original signed contract documents to City Clerk,Department and to Vendor/Contractor CONTRACTS OVER$109000 RFP or ITB Completed: Eng. Dept. Review if Applicable: RFP or ITB Reviewed by City Attorney: Pt Advertisement 2"d Advertisement (Attach Advertisement) Bid Opening: Contractor/Vendor Selected: Dept. Head approval: Award letter sent: 3 signed contracts returned by vendor/contractor Performance and Payment Bonds received Certificate of insurance received Finance Department Review: CONTRACTS OVER$25,000 If over$25,000, prepare a cover memo and resolution for City Council Approval ATTACHMENT B City of Aspen Request for Proposals For GALENA PLAZA Preconstruction / Project Management Services City Project Number 2013-029 fATTACHMENT A r t•.� �'\�_._. '�.'�� ,_ . .. a"^�t ,'(�� ��:`'_A�� f �^°.±yam„✓ r ... _. �_�l0 6��N� / :�` ��ne�, "� ,fib/ ',�", .� � ��� �'� • ��, 1 4`1 S 7, Proposals Due: 3:00pm March 6, 2013 City of Aspen Purchasing Officer 130 S. Galena Street Galena Plaza Request for Proposals 6 March 2013 Request for Proposal Galena Plaza Preconstruction / Project Management Services 1.0 Introduction The purpose of this Request for Proposals (RFP) document is to solicit proposals from a general contractor or Project Management firm to serve as a provider of preconstruction and project management services for the Galena Plaza Project in Aspen, Colorado The selected firm would work with the City of Aspen Staff Design Team and a Design Team lead by a S.A. Miro acting as the Project Engineer. The design efforts are rapidly headed to the 50% Detail Design status and the selected firm will be expected to rapidly move into a knowledgeable position of the project. Thus far, the Project has been developed by the City of Aspen's Capital Asset and Parks Department and S.A. Miro. The City has chosen to move forward with a modified IPD Integrated Project Delivery process with a lead Engineering Consultant. The design project started in 2009 with Carl Walker Inc. as the Primary garage engineer and has been modified thru the past several years with the Plaza design being developed by the City of Aspen staff to the now developed IPD Team. The City has completed Conceptual and Criteria Plaza design and is now working on the Detailed Design refinements prior to moving into Implementation Documents. Within the time necessary to complete the Criteria Design several areas of associated work were identified such as the following; North Galena Street, Library Alley, Plaza and a conceptual interface with a future Library Addition. To allow the Owner to fully understand your firm's qualifications for this job, please carefully prepare a response based on the items listed in the attached Request for Proposals. 1.1 Selection Process Schedule The selection process will consist of this Request for Qualifications, followed by a Request for Proposal and Oral Interviews. The selection process will be as follows: 18 FEB 13: Issue Request for Proposal for Preconstruction / Project Management Services 6 MAR 13: Proposal packages due from interested candidates 13-15 MAR 13: Oral Interviews ➢ 25 MAR 13 : Final Selection 3 6 March 2013 Galena Plaza Request for Proposals 1.2 Overview of the Project A. The base scope of the Project will consist of the following elements: 1. Parking Garage roof restoration design including removal of all surface elements, removal of existing waterproof membrane, repair to concrete surfaces and penetrations. The placement of a new waterproof membrane system. 2. The design of a Green Roof System that maximizes the life of the parking garage and compliments the new plaza design. 3. Expansion of a portion of the Plaza deck approximately 25' to the north. 4. Possible integration of a future Pitkin County Library Expansion onto the Garage Roof. 5. The redesign of the North Galena and Library Alley to provide for up graded utilities, enhanced Stormwater Management and Water Quality and to create an appealing pedestrian environment. 6. Schedule Assume the following design and construction schedule in your response: GALENA PLAZA DETAIL DESIGN:50 PERCENT FEBRUARY 11,2013 City of Aspen Design Efforts DETAIL DESIGN: 100 PERCENT JUNE 10, 2013 PUD/SPA: SEPTEMBER,2013 IMPLEMENTATION DOCUMENTS: OCTOBER,2013 CONSTRUCTION START PLAZA: APRIL,2014 CONSTRUCTION END: JUNE,2015 7. The following IPD description has been excerpted from the AIA's "Integrated Project Delivery: A Guide" http //info aia org/SiteObiects/files/IPD Guide 2007.pdf 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 4 Galena Plaza Request for Proposals 6 March 2013 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 the remaining work of Galena Plaza, the City of Aspen is assembling an IPD team to better manage and efficiently execute the work as outlined, that team consists of the following: • Project Engineer Design Team • Preconstruction / Project Management Services • Owner (City of Aspen) • Stakeholder Groups 2.0 PROPOSAL 2.1 Overview of the Firm B. Please provide your firm's qualifications via AIA Document B305, Architect's Qualification Statement -1993 Edition. If your firm does not have this on hand, please purchase the software. Present the information requested, following the instructions provided. C. Please provide a description of your firm's financial history including: 1. Whether your organization is in the process of filing or has filed bankruptcy within the last five years; 2. A letter from you firm's financial institution noting your firm's financial stability. D. Please provide a list of projects relevant to the program above and include the following information: 1. Size and dollar value of each project; 5 6 March 2013 Galena Plaza Request for Proposals 2. Contact person and phone number for the Owner and Contractor, or other relevant references for each; 3. Relevant project experience focused on similar parking garage and plaza design. 4. Emphasis on projects located in a mountainous setting 5. Familiarity and experience with Green Roof design 6. Detailed outline of project scope as well as your firm's specific scope of services provided; 2.2 In-House Personnel Dedicated to this Project A. The success of this project's team will rest on the individuals assigned to the project's completion. Good teams typically have strong leaders, coupled with highly qualified, dedicated support personnel. The Owner is very interested in the specific make-up of your proposed team, and their respective qualifications. Please provide the following information regarding the in-house employees your firm plans to propose for this project. B. The presentation of the design team leader's qualifications should include at a minimum the following information: 1. Current resume; 2. List of projects completed by this individual including specific scope of work; 3. Owner and project manager contact person and phone number for each project listed; 4. Narrative of key qualifications that make this individual an ideal "fit" for this Owner and this job; 5. Minimum number of hours per week this individual will be specifically dedicated to this project during the design process; 6, Minimum number of hours per week this individual will be specifically dedicated to this project during the construction process; 7. Other projects this individual is currently scheduled for participation in through November 16t, 2013; and 6 Galena Plaza Request for Proposals 6 March 2013 8. If this individual requires oversight of a principal, include the information above for the principal in charge as well as the following: a. Decision making capabilities of the design team leader. b. Level of principal oversight required. C. Process for coordinating principal oversight. The presentation of the balance of the in-house design team members should identify the following information about each: 9. Current resume; 10. Current job description; 11. Minimum number of hours per week this individual will be specifically dedicated to this project during the design process; 12. Minimum number of hours per week this individual will be specifically dedicated to this project during the construction process; and 13. Other projects this individual is currently scheduled for participation in through March 1, 2014. 2.3 Required Services The City of Aspen will require the Preconstruction / Contractor at Risk Services to include the following contracting and cost estimating, at a minimum: 1. The selected firm shall provide preconstruction services to address constructability, use of equipment and methods of demolition, methods and scheduling of construction and development of the Construction Mitigation Plan in accordance with the City of Aspen Engineering Department. 2. The selected firm shall develop a cost estimate in a detailed CSI format for the following; Detail Design 50%, Detail Design 100%, and Implementation Documents. The firm shall also advise throughout the Detail Design and Implementation Document efforts as to scope of work cost and alternative construction techniques which could save the project construction costs. 3. The selected firm shall assist in the project management of the project design schedule meeting notes and presentations to the public, SPA Planning Commission and to City Council, 7 6 March 2013 Galena Plaza Request for Proposals 4. The selected firm will be required to execute and perform work subject to the attached AIA A195 Agreement Between Owner and Contractor for Integrated Project Delivery and the AIA A295 General 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. 5. 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 will be granted the opportunity to sign the contracts "as is", and so on. 6. The scope of the project gtruct all aspects o f Ithe Galena Plaza team effort to design, p rice and co s Project. 7. Preconstruction / Project Management Services • Cost information: comprehensiveness and integration into Design Process • Constructability • Initial procurement and construction schedule • Initial cost data for project 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 3.0 Scope of Project A. Quality Control and the Design Process B. Please describe the steps that your firm recommends as the best for the design phase of this particular project, identifying one-time tasks, on-going tasks, points of Owner participation, milestones, ated docudments should be emphasizedivery of internally consistent and external)y coordinated C. Please describe the methods used by your firm to minimize conflicts in the final construction documents and reduce initiated change 9 oo tiers as a per�entagedocumentation of total tproje�t the amount of non-owner in 8 Galena Plaza Request for Proposals 6 March 2013 construction cost for your firm, both on a project-by-project basis, as well as a historical percentage. D. Identify your firm's preferred involvement in the bidding and construction process, and the methods used to achieve quality control in the field. 3.2 Background A. The Galena Plaza project priority is the restoration of the waterproofing and protection of the City of Aspen Parking Garage Roof. This goal can only be met thru the complete removal of all elements on the parking roof, the removal of the existing waterproofing material and the inspection and repair of any compromised structural roof concrete surfaces. B. The protection of the garage roof extends to the appropriate modifications to North Galena Street and Library Alley. This comprehensive look at the garage roof, Galena Street and Library Alley provided an opportunity to design a great people space, community asset and execute long held master planning concepts for the city. C. Prepare a list of all engineering, testing, consulting, and other services not provided by your design team that you recommend the Owner should provide to the project during design to insure its success. 3.3 Existing Design Team PROJECT ENGINEER: S.A. Miro • Lead consultant for garage deck and Galena Plaza project improvements; • Coordination and review of all work completed to date for the Galena Plaza Criteria Design Plan; review of all work completed to date for the detail design. • Hire and coordinate a team of engineering, green roof professional and architectural design consultants; • Design and recommendations for the removal of all existing garage roof materials and cleaning of structural concrete; • Design and recommendations for concrete deck repair, including but not limited to the removal of the existing roof deck infrastructure; • Design of a new hot fluid applied waterproofing system with a bi-level/redundant drainage system to eliminate and prevent water penetration to the garage roof; Integrate waterproofing and drainage design fully with proposed Galena Plaza Criteria Design Plan; • Design and recommendations for existing street and alley removal located over the garage structure; • Coordination with city project management and design staff on all aspects of approved Galena Plaza Criteria Design Plan; 9 6 March 2013 Galena Plaza Request for Proposals CIVIL ENGINEER: S.A. Miro • Civil engineer shall be familiar with City of Aspen processes and requirements of the City of Aspen Engineering Department; • Coordination and review of Galena Plaza Criteria Design grading plans; Participation in at least two(2) public/neighborhood stakeholder meetings and at least four{4)City of Aspen/Pitkin County design coordination meetings; • Preparation of Storm Water Management, Soil Erosion Control and Water Quality design reports meeting the requirements of the City of Aspen Urban Runoff Management Plan; Coordination with Pitkin County Library relative to storm water management, and soil erosion control associated with proposed building expansion for the Pitkin County Library: Design of storm water drainage inlets and pipe within the North Galena/Main Street intersection area; CDOT coordination and permit submittal/acquisition for drainage and surface improvements within the Main Street/Highway 82 CDOT right-of-way area. Design documentation for all proposed utility replacements/modifications within the North Galena Street and adjacent alley work scope area including storm water, electric, sanitary sewer, natural gas, telephone, City/County data and potentially potable water suitable for Utility Provider reviews and approvals, Preparation of design development and implementation plans, cost estimates, and specifications. STRUCTURAL ENGINEER: S.A. Miro • Provide design review of structural impact on the parking garage structure from proposed Galena Plaza Criteria Design Plan; • Preparation of criteria design, design development and implementation plans, cost estimates and specifications for proposed northerly roof deck/plaza expansion; • Preparation of criteria design, design development and implementation plans and specifications for proposed`grand staircase' structure; Design coordination with Architectural consultant; • Preparation of conceptual interface with a garage office structure that could meet future expansion plans; GREEN ROOF PROFESSIONAL: Studio INSITE • Design coordination with Project Engineer relative to design of waterproofing, and roof drainage systems; • Design coordination with City of Aspen Parks Department design staff relative to design of planting media, plant materials; • Constructability coordination and sequencing relative to garage roof repair and Galena Plaza replacement; TRAFFIC ENGINEER: Felsburg Holt& Ullevig • Preparation of traffic impact report for North Galena Street/Main Street intersection, including analysis/authorization of proposed one-way vehicular circulation; • Preparation of traffic impact report for North Mill Street/'Library' Alley intersection including analysis/authorization of proposed one-way vehicular circulation • Preparation of criteria, design development and implementation plans and specifications as necessary for intersection design elements; ARCHITECT: Studio B Architects • Architect shall be familiar with City of Aspen building permit application/submittal processes; • Preparation of design development and implementation plans, cost estimates, and specifications for proposed elevator enclosure/public overlook structure developed from Galena Plaza Criteria Design Plan; • Preparation of design development and implementation plans, cost estimates, and specifications for proposed 'grand staircase' structure; Design coordination with Structural Engineering consultant; 10 Galena Pfaza Request for Proposals 6 March 2013 ELECTRICAL ENGINEER: Cator, Ruma & Associates • Preparation of criteria, design development and implementation plans and specifications as necessary for electrical infrastructure and lighting design within the Galena Criteria Design Plan area; • Preparation of criteria, design development and implementation plans and specifications as necessary for lighting and stage electrical infrastructure necessary for proposed outdoor stage area; ACOUSTIC ENGINEER: D.L. Adams Associates • Provide design consultation for construction mitigation related to sound attenuation of the Pitkin County Courthouse third floor courtroom with particular attention to the courtroom windows; • Design coordination with Project Engineer; MECHCANIAL ENGINEER: Cator, Ruma & Associates • Provide design consultation for project design and implementation in and around the parking garage air intake and air exhaust vents. Consultant shall determine compliance with parking garage standards and requirements. 4.0 Integrated Project Delivery A. 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. Bid submitted. B. 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. In addition, this phase generates the documents that third parties will use for permitting, cost estimating and schedule purposes. C. Construction & Closeout When the bid is accepted and funding is procured, the firm will coordinate trade contractors, suppliers, 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 11 6 March 2013 Galena Plaza Request for Proposals 4,0 FIRM SELECTION 5.1 Selection Criteria A. The criteria for qualification shall include but may not be limited to the following: i Management Experience and Capabilities • Qualifications of the firm principals • Qualifications of the proposed team members • Preconstruction services experience and capabilities • Understanding of the scope of services requested =1 Building Experience and Capabilities • Large-scale construction experience and capabilities Garage and Plaza construction experience and capabilities • Public projects experience and capabilities • Green building experience and capabilities • References -� Financial Stability & Capacity • Financial Standing • Size and scale of projects completed • Bankruptcies, lawsuits, liens nln�n De scription Management Experience& Capabilities Qualifications of the Firm Principals 150 Qualifications of the Proposed Team Members 100 Preconstruction Services Experience and Capabilities 100 Understanding of the Scope of Service Requested 100 Overview of Firm Subtotal 450 Specific In-House Personnel 50 Team Leader Tenure of Team at Firm 50 Specific In-House Personnel Subtotal 100 Required Preconstruction /Project Management Services 100 Parking Garage Experience Parking Garage Plaza Experience 150 Mountain Experience 100 Aspen /Pitkin County Experience 150 Sustainable Design/Green Roof Construction 150 AIA 6305 Qualifications Statement 50 12 Galena Plaza Request for Proposals 6 March 2013 References &Other Experience 75 AIA B163 Scope of Services 50 Required Design Services Subtotal 825 Quality Control and the Design Process Process During Design 50 Methods to Maintain Construction Schedule 50 Quality Control and the Design Process Subtotal 100 Fees& Schedule }1 Fee Worksheet - Ability to Meet Schedule 140 _ 0 10 Bankruptcies, Lawsuits and Liens 0 Fee&Schedule Subtotal 275 TOTAL 1750 6.0 Owner's Standard Language 6.1 The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the Proposal which is in the City's best interest. The City further reserves the right, in the best interests of the City, to waive any technical defects or irregularities in any and all Proposals submitted. 6.2. Insurance Requirements: Refer to the attached AIA B195 — 2008 Owner/Architect Agreement and the AIA A295 — 2008 General Condition's contract attachments for insurance requirements. 6.3. Respondent's response received after the deadline will not be accepted or considered. Receipt by the City of Aspen of a proposal received after the closing date and time as stated herein shall not be construed as acceptance of the proposal. Late proposals will be logged as to date/time received and thereafter returned to the late Respondent. If delivery of the proposal is not made by courier or in person, the use of certified or registered mail is suggested. Note: Use of certified or registered mail does not relieve the Respondent of the responsibility to ensure the proposal is date/time stamped as specified above. 6.4 Assignment: The successful Respondent is prohibited from assigning or subcontracting the whole or any part of the contract without the prior written consent of the owner. 7.0 Additional Information 7.1 Candidates have been provided with the following information as a part of this RFP: 1. Criteria Design Plans and Council Presentations; 2. AIA B195 —2008 Owner/Architect Agreement; 3, AIA A295 —2008 General Conditions; and City of Aspen 130 5 Galena Street Aspen,CO 81644 13 6 March 2013 Galena Plaza Request for Proposals 7.2 City Procurement We encourage you to direct any questions that you might have via email to Rebecca Hodgson(cDcityofaspen.corn as written questions will provide the most clarity. Verbal questions are not encouraged and will not be answered directly but will be noted and may be included in a written addendum to this RFP. Addendums will be delivered to all firms in the interest of fairness to those responding to the RFP. The selection committee will require four (4) hardcopies of your firm's response delivered to the address below. The committee also requires one (1) electronic submittal of your firm's complete response compiled into a single PDF format. Hardcopies must be submitted individually in a three-ring binder or folder that contains recycled content. Plastic spiral bound proposals will NOT be accepted. Failure to comply may result in disqualification. Proposals must be placed in a sealed envelope or box that is clearly marked on the outside 'Proposal for City Project 2013-029 Galena Plaza Preconstruction/Project Management Services". If using a carrier such as Fed Ex or UPS, also mark the outside of that envelope/box. Rebecca Hodgson City of Aspen 130 S Galena Street Aspen, CO 81611 Hardcopies and electronic copy of your firm's submittals are due no later than: 3:00 pm, March 6, 2013. The City cannot accept faxed, scanned, or late proposals. 14 Z Q / Ui Y CL 1 I , ad I I As ow �•l�,i i ,�j� /� r,l / r l` f ! S i f ' V ��1 - C t IL �E PROPOSAL FOR PROJECT 2013-029 GALENA PLAZA ;U PRECONSTRUCTION / PROJECT MANAGEMENT 00 (D SERVICES, CITY OF ASPEN rD (D x , p March 6 2013; 2:00m z r-- y RLB Rider Levett Bucknall 1675 Larimer Street Suite 470 PDK:MFL:GALENA PLAZA Denver,Colorado 80202 6 March 2013 T:+720 904 1480 Ms. Rebecca Hodgson Purchasing City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Dear Rebecca, PROPOSAL FOR CITY PROJECT 2013-029 GALENA PLAZA PRECONSTRUCTION / PROJECT MANAGEMENT SERVICES Thank you for the opportunity to present our qualifications to you on this project.We understand that your need is for an experienced and capable preconstruction estimator and project manager to work with the City of Aspen and the selected IPD team to assist with estimating and management during the design phase of the Galena Plaza redevelopment. Through our estimating and project management services, Rider Levett Bucknall will effectively become part of your own organization to contribute to the overall success of the project. With depth and experience in the Denver office, Rider Levett Bucknall has the estimating resource to promptly turn-around key estimates to guide the City of Aspen and the design team. The project management component will be led by Rob Taylor who has the ability to quickly analyze risks and concerns and meet them head on to minimize any exposure for the City. WHY RIDER LEVETT BUCKNALL? Experienced staff based in our well Denver office Current presence in Aspen Knowledge and experience working the S.A. Miro led design team Significant parking garage and plaza estimating experience Our database of recent detailed subcontractor pricing relevant to this project • Understanding the process for SPD approval and Building Permits Boots on the ground and ready to start • Seasoned project management professionals with experience and understanding of the specific aspects of construction in the mountain environment Focus on minimizing risk and completing projects on time and on budget, while minimizing the effect on external parties and neighbors We believe the services that we offer will reduce the risk and deliver Best Value to the City of Aspen. Rider Levett Bucknall has the experienced staff to act as your consultant and get the project done! Yours sincerely, Peter Knowles, FRICS Executive Vice President Rider Levett Bucknall Ltd Encs www.americas.rib.com Proposal for City of Aspen Project 2013-029 Rider Galena Plaza Preconstruction/Project Management Services Leveft TABLE OF CONTENTS Cover Letter 1 MANAGEMENT EXPERIENCE + CAPABILITIES Proposed Team Members 3 Experience +Capabilities 5 Understanding the Scope of Work 7 2 SPECIFIC IN-HOUSE PERSONNEL Resumes 3 10 PRECONSTRUCTION + PROJECT MANAGEMENT SERVICES Parking Garage Experience 19 Parking Garage Plaza Experience 21 Mountain Experience 22 Aspen/Pitkin County Experience 23 Sustainable Design/Green Roof Construction 24 4 QUALITY CONTROL Process during Design 26 Methods to Maintain Construction Schedule 27 5 FEES + SCHEDULE Fee Worksheet 28 Ability to Meet Schedule 28 Bankruptcies, Lawsuits+ Liens 28 Financial Stability 29 OPrinted on recycled paper MANAGEMENT EXPERIENCE + CAPABILITIES r• ..P f a�- Lake Street Mixed-use Parking Structure Fort Collins, CO } Evans Parking Structure Denver, CO Rider Levett Bucknall Rider Levett Bucknall 1 MANAGEMENT EXPERIENCE + CAPABILITIES Rider Levett Bucknall is a leading property and construction consulting firm providing clients with independent, unbiased, expert advice and management for all aspects of feasibility, cost and time of construction projects, from project conception and site acquisition to final completion and beyond. The depth and breadth of our project management, cost consultancy, and advisory services reflects a deep-seeded commitment to delivering superior customer service and solutions which help our clients succeed. While Rider Levett Bucknall has a significant depth of resources, we want to emphasize that many of our projects are small or ones where we perform customized scopes of service that meet our clients' specific needs. Founded in England in 1785, Rider Levett Bucknall's first North American office originated in Hawaii in 1968. From there, we expanded into 23 U.S. and Canadian cities. We established our Denver office in 1999 and have had a presence in the Rocky Mountain construction industry for over ten years. Consistency and quality of service is of utmost importance to Rider Levett Bucknall. Throughout over 225 years providing expert advice to clients around the globe, Rider Levett Bucknall has honed its project and cost management and scheduling services to deliver successful projects that are on-time, on-budget and to programmed specifications. INTEGRATED PROJECT DELIVERY APPROACH Rider Levett Bucknall has been a part of teams using an Integrated Project Delivery design approach on a number of projects; however, collaboration between and among fellow consultants is typical of our standard operating procedure. As dedicated team members and true advocates of an Owner's best interest on every project, we promote open communication, collaborative idea generation and decision making, and proactive, non-adversarial problem solving. Collectively, this approach makes us valuable not only for our knowledge, but for our ability to communicate cohesively with owners, operators, consultants, and other stakeholders to work towards a common goal. 2 Rider Levett Gw'`"aP.a'� Pmov^*m`uo"/rm|:u/ Wmnuqun`nn' 5'p".ces Buckna8 Proposed Team Members Our team is comprised of personnel recognized for their exceptional technical abilities. All have extensive and recent experience in providing pnaoonn1ruodon and project management services including Owner's reprooentatiun, project administration, bid services, cost estimating/va|uo engineering, construction management, nohedu|ing, progress payments, change order review and reporting, consultant team management, dispute reno\uhon, punoh|iot management and close-out. As your Preconstruction Manager, our task is to represent the City's interests and work with City Staff to guide the Plaza Renovation project through dooign, working with S.A. Miro to provide schedule and budget management, three key milestone construction cost estimates and assist with project management. n � This Preoonntruodon/Pnojeot Management role will betofurther understand utility interfaces, interfaces with the Special Planning District and future Library Addition and progressively develop constructability plans to minimize traffic and access impacts on the courthouse, police station, Rio Grande Building users and parking structure. Taking the lead and acting as the City mfAspen's key contact mn the project isAssociate Principal and Senior Project Manager, Rob Taylor, PSP. Rob will act aathe key PM and provide managerial support and an additional level of quality assurance to ensure the success nf the project. Rob's experience within the City of Aspen and parking structures have armed him with expertise in team building and manug*men\, as well an understanding the City proonssao, building permit processes, Construction Mitigation Plan approval path and understanding of key construction issues in busy areas. His strengths are inOwner's Rapresontadon, master planning, contract administration, budget development and monitnring, schedule development and monitoring, cost oversight and acting in the best interest of the owner at all times. Project Principal on this project will be Peter Knowles, FRICS who leads our Oenvor. Colorado office. Peter will offer executive oversight for the project management components and for the estimating efforts. Peter will be responsible for the overall quality of deliverables and will ensure that our team members are meeting the dead|ines, requirements and specifications put forth by the City of Aspen. He has 33 years of experience providing cost p|anning, cost manogement, value engineering and life cycle cost exercises. Peter will be supported by a team of experts identified below. Jim Bergmtrmnd. Cost Manager with Rider Levett BuoknaU will lead as Preonnstruodon Estimator. Jim will be the key production leader for the various plaza estimates.With more than 3 �� Rider Levett Bucknatt 12 years experience providing preconstruction and cost estimating services, Jim brings a sound understanding of project management and project controls to this team. Rob and Jim will interface closely to ensure the planning, phasing, utility work and other project risks are represented in the project estimates. Dave Powers,Associate Principal and Senior Project Manager with Rider Levett Bucknall, has a wealth of construction experience and will be a key contributor to constructability reviews and phasing. Dave has many years of managing complex phased construction projects incorporating utilities, external parties and difficult construction interfaces in addition to experience providing construction consulting services on a variety of projects. We envisage our organizational chart will be as follows, but are happy to discuss with the City of Aspen as to exactly how the project structure will be: THE CITY OF ASPEN ----------- Executive Vici dent . , . RLB RLB •O: AYLOR, SeniorProject Manager RLB RLB JIM BERGSTRANES DAVE POWERS DENVER OFFICE L STIMATING SUPPORT AS NEEDED OUR PROPOSED TEAM BENEFITS THE CITY OF ASPEN aI,N SEVERAL WAY + Clearly ldenttfied and experienced single point of contact ;' y + Seasoned cost estimators with expenerice in providing cost estimates or4 parking structures whree�n roofs + IPD procurement expenence + Familiar With theIty of Aspen`s procedures + All#eam members arw I er,rt evett cickrtall employees + >Wealth of exi) encervcollaborafing w fh$A'Miro on a variety`of projects ' 4 vmpo,p\ m,�'�nr�soe" rnx��zomoc9 Levett S*rn^ P|xz^ Puxonsvucnnn/Pu/e��a'`agmmomSa,"/o~n Uucxnau 1,2 Experience + Capabilities COST ESTIMATING Our philosophy in providing cost estimating services is 10 always maintain a ponitive, pro- active and flexible approach and to take the initiative wherever possible. |tio essential hnwork as part of the Veam, howevar, it must not be forgotten that our role in to act in the best interests of our client atall times. Rider LoveMBucknaU'o goal in providing these services ioto: ~ Complete the project within the capital expenditure limitations established by the owner " Optimize project performance, value and quality within the budget limitations ^ Provide up to date and accurate information on the project budget status on a regular basis 1. {. �� � 5 Rider Levett Bucknatt PROJECT MANAGEMENT As a firm focused on property and construction, our project managers are experienced and adept at compiling robust contracts and advice and direct the multi-faceted project aspects, inspiring and integrating the efforts of the design and construction team. By creating a partnership approach to project delivery, Rider Levett Bucknall knows that a project's success relies on following a clear management plan, impeccable communication, clear and regular reporting and that schedule control is consistent and thorough. With attention to detail Rider Levett Bucknall can manage, coordinate and resolve the issues that may arise during the pre-construction, construction and the close-out stages. Our project management services can be tailored to meet to your specific needs, to supplement an able but overloaded team or to control a project throughout the entire lifecycle. Rider Levett Bucknall's focused project management teams set the strategy, communication lines and a framework of controls that can be applied to the entire design and construction process. The structure of this service varies depending on client needs and building requirements, but the quality of our service remains the same. We can manage projects of any size and almost anywhere in the world to deliver superior outcomes. Our focus on adding value to deliver optimum results for projects supports the achievement of our clients' business goals and objectives. FEASIBILITY PRE-CONSTRUCTION • Definition of client's requirements Formulate contract strategies • Confirm stakeholder expectations Prepare conditions of contract • Program budget development Secure authority+client approvals • Preliminary project scheduling Cost control of design against budget • Forecast cash flows Set up cost control procedures • Risk analysis + identification Prepare contract administration DESIGN AND DEVELOPMENT procedures • Consultant RFPs, scope + contract Prepare monthly project progress development reports • Negotiate consultant fee +contract Coordinate the bid documents • Contract execution • Prepare bid report with • Prepare +confirm project scope recommendations Establish communications plan Formalize +execute contract • Value management +value engineering CONSTRUCTION PHASE • Confirm preliminary design/cost estimate Monitor contractor's performance for • Submit regular design/project status reports schedule+cost • Advise on project delivery method/contract Manage documentation format Process progress payments • Prepare + monitor design documentation Monitor+analyze cash flow • Co-ordinate consultant team Enforce cost control procedures • Chair regular project management meetings Evaluate claims +manage disputes • Maintain compliance with client objectives Oversee construction • Prepare, monitor+ report on project schedule Monitor quality control • Manage risk register Our proposed team members resumes (included in Section 2)reflect their experience on a vast variety of similar projects in challenging locations and environments. �. MRir d L�v8�pBucknaK 1~3 Understanding the Scope of Work It is our mission to ensure that every project is n success. Our services span all stages ofa project. Our team of experts apply project control meaounes so that attention to detail is time,within and maintained throughout the project to deliver the project as promised, nn . . without compromising quality. We believe the project service will have a 60%estimating focus and 40% Project Management assistance and oversight of schedule, constructability and project planning. Also, given the proposed design schedule,we feel as though prompt turn-around of project estimates is vital, to give the design team and City as much time ma possible to respond to cost issues should they arise. Rider Levett Buoknu|| is capable and adaptable and will work with the City of Aspen to refine the services necessary hm deliver a successful project. For the Galena Plaza pnojoot, the City ie assembling on Integrated Project Delivery(|PD)team to manage and efficiently execute the design, pricing and construction of the project. VVe see the factors key to the success uf this project are: ^ Early identification of our role and ensuring the project goals are properly memorialized d�h that areu|eudyoommunioated with the project team an a " Seamless integration with the S.A. Miro design team and City of Aspen project ntoff. to act aoa project participant to work beside the very capable design team " Prompt turnaround of the three(3)milestone estimates and constructability advice, so that the design team can respond and react accordingly ifnecessary " Early interface with regulatory bodies such as City of Aspen Engineering Depurtmen\, Building Departmont, P|anners, City Utilities, Aspen Consolidated Sanitation District, City of Fire Department and Parks Department ^ Early interface with affected parties such as the parking structure Owner and operator, Rio Grande occupants, police, courthouse users, building owners backing on to the alley, o\o. ^ Detailed planning and risk management to enable the pn�e/�tu be completed in one construction season in2014 " EnouhngaUdesign fa��onaand also the external inhe�aoefauk�rearedetai|edinoU RFO and RFP bid documents 0o enable a robust General Contractor bid after Implementation Documents One observation that should be considered by the City of Aspen is that the Implementation Documents 100%estimate and oonohnctobi|ity review could occur atthe Implementation Documents 90% stage. Given the proposed schedule, this effort should fall in early September 2013 and will provide good guidance to the design team, so that the Implementation Documents 10096 hits the mark. General Contractors will also be bidding the Implementation Documents 10096 net, so this Implementation Document 90% estimate can be used as a baseline for scope and inclusions of the General Contractor's at the review stage. , ��F;//�/ouonecvr/eopeue, Rider Levett Bucknatt Rider Levett Bucknall proposes for the following services for the Galena Plaza project: COST CONSULTANCY SERVICES • Three (3)key milestone estimates at Detail Design 50%, Detail Design 100% and Implementation Documents (although we wish to discuss other options for the Implementation Documents phase as discussed above). • Initial cost data will be in the form a comprehensive Detail Design 50% estimate, prepared in CSI division format to establish the project baseline. • These cost estimates will be integrated into the design process and represented in our project schedule. • Specific cost data will be sourced from material suppliers and subcontractors where necessary. We see it likely that the actual materials utilized for the primary waterproofing membrane will require detailed investigation and involvement of subcontractors and manufacturers. • Where appropriate, Rider Levett Bucknall will offer cost options acceptable to the design team. These may be with materials, finishes or altering coverage of particular items (i.e. flat hardscape and green roof coverage areas may be adjusted to adjust cost). • Project data sheets are assumed to be provided by the design team as part of the design process, but Rider Levett Bucknall will of course use these as key inputs in the estimate and construction review. • Rider Levett Bucknall will work with the design team to ensure life cycle costs are considered with all selections. • We believe energy efficiency data will not be necessary for this plaza project, but items that may require review are of course plaza lights (to meet energy and dark skies requirements), elevator equipment and any heating components for the enclosed structures ancillary to this project. • Additionally, Rider Levett Bucknall has a database of current subcontractor bid data for large projects recently bid and awarded in Aspen, Colorado. SCHEDULE + CONSTRUCTABILITY SERVICES • Upon award, Rider Levett Bucknall will consult with the wider IPD team and provide a Design, Procurement and Construction schedule, consistent with prior contracts with the designers and meeting the City's project goals and commitments. • This schedule will likely be in Primavera P6 format and will include all components to enable successful project planning and oversight, including long lead items which may be specialist materials or an elevator(if this is intended to be replaced). • Upon award Rider Levett Bucknall will carry out a detailed constructability review, incorporating as soon as possible the input and needs of affected parties and all the Galena Plaza neighbors. This will incorporate all design disciplines and documents issues by the design team. • During each of the milestone estimate reviews, Rider Levett Bucknall will offer additional constructability comments by utilizing the input of our estimating team, project managers and constructability advisor. Rider, Pmv^sa/ trCi'vo,�sren P.�/oc� 2ooU2 y Levett Bucxnau PRC�ECT' M���|AI�Ey�EN�'AS8STAJN��E "^ Per item 2.3.3nf the RFP. Rider LavettBuoknaU will offer project management assistance and we wish to discuss this further with the City of Aspen to ascertain the level of effort onvivagod/noquinad. f = VVa have based our fees uponaservioe \eve| ofaix(0)dayopermonth (ana�����o 1.5 days per week), which may of course flex for particular phases and this can be further defined aawe understand the detailed schedule more. ^ \f this level ofProject Management effort is inconsistent with the level required bythe City of Aspen, we are more than happy to modify this to meet the detailed schedule and planned activities from now until October. 9 2 SPECIFIC IN-HOUSE PERSONNEL North Visitor Parking Garage & Plaza . 5k ,w. mq . ,. . r w Denver Veterans Affairs Medical Center Aurora, CO South Visitor Parking Garage & Plaza Rider Levett Bucknall P,o»ns�/ =ro� or�avonpw/°u �n�zoZo Rider Levett G."w�a PmzaP/rcvn��m'zno/pm/uu �un�o~r`en� �,'wue� Burxnau 2 SPECIFIC ~ .~~ --`~E -PERSONNEL ROB TAYLOR PSP Associate Principal | Senior Project Manager Rob Taylor iaa qualified construction professional with over 12 years of nonetmohnn project management experience and is an Associate Principal with Rider LevettBuoknaU. His experience ia broad oo he's worked ona variety ofcommercial, banoportadon, indunthu|, sports stadium, healthcare and biotech projects ranging from $2K80o$1Binvalue. Rob has managed complex projects from inception to completion including Auckland's Eden Park Stadium Redevelopment, NREL'o Research ��� U�ro' t Role Suppo�Facility and Denver's Veteran Affairs Replacement Medical - �er. Project Manager Cen . Rob has detailed oonntrundunknovv|edgeand has been a site based Years with U�U U� — 4.5 representative for a number nfyears, undertaking contract administration, construction co-ordination and management inoperadona| environments. Years Experience — �� His attention to detail and ono|ytiou| approach ensures his passion for Education getting i\right the first time. BS. Engineehng (Hona). University Relevant Experience of Canterbury, Christchurch, NZ Burlingame Ranch Affordable Housing Development PhUA,Aspen, CO Project Scheduling Professional Project Manager ona new large-scale Y67 unit multi-family development, (PSP) Certification, American Reupnnn/b8itieo/no/udennenag/ngoout, nuhoduha. consultant contracts, Aoanoiuhon of Coat Engineers project documentation, public ouhaeoh, and implementation of oha&eg/o work plan un deliver the project within the project budget and schedule. Prof ess-onaUAf f'U-at'o ns Client: City ufAop*n' Ch�o Everson +YQ70420 /834 ^ yWemba/. Am*hoanAssodadon of Cost Engineers (AACE) Denver Veterans Affairs Medical Replacement Hospital,Aurora, CO ~ Member, Project Management Master Schedule Compilation, Cost Advisory, Change Order Advisory and |nahtuVo(PKX|) Comprehensive VE Analysis;includes three multi-level parking structures, two elevated plazas above parking, and green roofs to five (5) buildings; Specialized Skills $800/N • Construction Scheduling Client: Skidmore, Owings & Merrill, Tom Fromm +1312 554 90,90 Compilation • Construction Monitoring Un�w*ny�yof Colorado Hpmp�m| �n��yyNoun�ainKjwnm �yaKumt�utm0^ • Conutruotabi|ity Advice and Expansion,Aurora, CO Planning Project Manager for the 10,000oq ft renovation and 08000oq ft addition • Contract/ Procurement Advice /u the three-story existing facility maintaining its operations during • Project and Construction construction while ensuring employee and patient safety;$20M K4a»og*m*»t Client: University nf Colorado Hospital, Sean MenoAan +17208480307 • Project Program Preparation • Business Case Analysis and University mf Colorado Hospital Anschuto Inpatient Pavilion Feasibility Expansion Phase III,Aurora,CO Cost Management, Change Order Review, Owner's Schedule Review& �� 10 Rider -' Levett Buckna(l ROB TAYLOR PSP Recommendation for the new 735,000 sq ft 12-story inpatient tower and two new parking structures totaling 3,112 spaces utilizing IPD, $400M Specialized Skills Cont. Client: University of Colorado Hospital, Sean Menogan +1 720 848 6367 • Contract Compilation and Barrow Replacement Hospital, Barrow,AK Execution • Construction Litigation and Cost and Project Management Support, Owners Schedule Review& Claims Recommendation for the new two-story 100,000 sq ft hospital located in • Cost Management the northernmost town of the US and well within the Arctic Circle; $160M • Design Management Client:Arctic Slope Native Association, Luke Welles +1907 399 3029 • Value Engineering Chicago Langham Hotel Conversion, Chicago, IL • Engineering Design and Provided a general assessment of the proposed general construction cost Coordination estimate and FF&E estimate to determine appropriateness of the five-star • Client and Owner hotel. Scope also includes change order reviews for the hotel conversion Representation encompassing floors 2 through 13 of a 52-story skyscraper. • Environmentally Sustainable Design Client: Great Eagle Holdings Limited, CW Tong +852 2827 7804 Hours Dedicated to Galena Plaza G'vQ P(000c:^ F1 Olt', Lml.s L o r 12 hours per v,�e0�;, ;t {azi C a,V"' a (i t on t'"} at a C ini .C,in or, the Galena Plaza project fro,.,: April to Oct )e:,f d Workload through November 1, 2013 Prol'ect Role % Dedicated .-Date Burlingame Ranch Ph II ProjecqContml 39% On going UCH RMLEI _ Projec10% Mid 2014 Chicago Langham Chang5% June 2013 DVAMC Sched5% 2015 Oversi LICH Expansion Ph III Sched2% March 2013 Decision Making Capabilities Rob's analytical capabilities and as lead of Rider Levett Bucknall's project management services for our Denver Office means that only seldom do his observations and recommendation require ratification. Level of Principal Oversight Required Rob leads the Denver office's project management effort and principal oversight is generally at an executive level and on a day to day basis Rob works autonomously, managing the project team under him. Process for coordinating Principal Oversight With the ability to analyze problems early, Rob involves Peter and/or specific internal legal council and input from other project managers as necessary. Given project management is generally not solvable through a simple mathematical formulae, understanding design, preconstruction, bidding and construction methodology means experts are involved as, and when necessary. Rider rill w��nporw'�� 20�3^my M Levett BucknaK PETER KNOW ES FRICS - Executive Vice President | Director Peter Knowles joined Rider LavottBuoknu|| in1Q87 and has advanced in the practice 0n Executive Vice President and Director nf the North American Group. As a recognized expert in the field of construction managemant. Peter ass ists nwnern, design professionals and lenders in the control of the cost and time aspects of their construction projects. His experience includes over 3O years of providing professional services ho clients located throughout the United States, Asia and Europe with various project types including airports, corporate offices, educational facilities, healthcare, Project Role retail, hospitality, sports and venue and mission critical facilities. Project Executive Peter has specialized in both conceptual and detailed cost estimating and Years with RU B - 26 reoonni|ing, as well an negotiating project costs with the contractor prior ho the owner's award. Years Experience - 32 Ao director\n charge uf the firm's Cost Consultancy division, Peter iu ' responsible for upholding quality standards and driving innovation in the Education prootioanf000�managamonL BS Quantity Surveying. University , oft'the South Bank, London' UK U�K�U��'�ant Experience ' ' Burlingame Ranch Affordable Housing Development Ph hA. Aspen,CO Professional ��ff'8UatUons Project Executive on a new large-scale 167 unit multi-family development. • Fe||ovv. Royal Institution of Responsibilities include managing cost, schedule, consultant contracts, Chartered Surveyors (FR\CS) project documentation, public outreach, and implementation of a strategic • Member, American Association work plan h/deliver the project within the project budget and schedule. »f Cost Engineers (/�\CE) taof C0en�� C�ynfAopon. (�hr�Evenoon +10704201834 • Associate, Australian Institute � Quantity Surveyors (/V\|(]S) Denver Veterans Affairs Medical Replacement Hospital,Aurora, CO • Professional Associate, Master Schedule Compilation, Cost Advisory, Change Order Advisory and American Institute ofArchitects Comprehensive VE Analysis;includes three multi-level parking structures, (A|A) two elevated plazas above parking, and green roofs ho five (5) buildings; $800M Specialized Skills C0en�� �k/dmuno Owings& k�en�\ To/nFiomon +Y3Y25540000 • �onooptuo| andDe�aUedCnn\ � ' Estimating and Cost Planning Lake Street Mix-use Parking Structure, Fort Collins, CO • Bid/8yWP Evaluation and Project Executive providing independent milestone estimating services Negotiation during design for u new J26.000uqftLEED Gold parking ubuctur*�$18M • Change Order Review and Client: H+LA/ohiteoh/ne' Chad Novak+1303 208 4700 Claims Analysis • Project Monitoring to final Evans Parking Structure, Dmmvar,���� account and Claim Settlement Project Executive providing independent milestone estimating services • Litigation Advisory Services during design for u new 205.000oq ft, four-story parking facility;$11 M • Construction Management Client: University of Denver, Mark Rodgers +1303 8714779 EestToxvarExpmmsion-VimitorPmrkimgGmrmge,Aunmna.CO Senior Cost Manager providing cost consultancy services throughout design for 120,000oq ft(/.260 stalls), three-story visitor parking 12 Rider Levett Bucknatt PETER KNOWLES structure via IPD FRICS Client: Children's Hospital, Rhonda Skallen +1 720 777 8595 University of Colorado Hospital Rocky Mountain Lions Eye Institute& Expansion,Aurora,CO Project Executive for the 10,000 sq ft renovation and 41,000 sq ft addition to the three-story existing facility maintaining its operations during construction while ensuring employee and patient safety, $12M Client: University of Colorado Hospital, Sean Menogan +1 720 848 6367 University of Colorado Hospital Anschutz Inpatient Pavilion Expansion Phase III,Aurora, CO Project Executive for Cost Management, Change Order Review, Owner's Schedule Review& Recommendation for the new 735,000 sq ft 12-story inpatient tower and two new parking structures totaling 3,112 spaces utilizing IPD; $400M Client: University of Colorado Hospital, Sean Menogan +1 720 848 6367 Denver Botanic Gardens Redevelopment Masterplan, Denver, CO Project Executive providing conceptual level cost estimating services to establish project budgets for the significant campus improvement plan. Some of the supporting facilities constructed included a new 150 vehicle parking structure which is partially above and partially below grade and features a green roof. Client: Tryba Architects, Bill Moon +1 303 8314010 Federal Reserve Bank-Parking Structure, Kansas City, MO Project Executive providing preconstruction cost estimating services on a new 925,000 sq ft, 12-story office tower. Project includes two levels of below grade parking for approximately 1,000 cars totaling 292,800 sq ft; $225M Client: Ellerbe Becket, Barry Huhn +1 816 5614443 Hours Dedicated to Galena Plaza F' 1 M active, vv prc g .: e E, roil, work 1.25 hours per y,F i :) hours a mont h at a mini[YIUM on the Galena Plaza pro-je,.t irorn April to October, Workload through November 1, 2013 Project Role % Dedicated (omp. Date Burlingame Ranch 7tim c. 5% On going UCH RMLEI c. 5% Mid 2014 Chicago Lan ham c. 5% June 2013 DVAMC Pro ject Exc. 5% 2015 UCH Expansion Ph III Project Exc. 2% March 2013 AHEC 5th Street Parking Project Exc. 5% June 2013 Garage r». 13 po�ono' �, Q�"/�nn�onn»�� zu/sory Rider Levett G.veoap/azaP,am"mmouou/Pw�e,/ M�n^n,^mam5ep�ces Bucwnal/ N��� ������ O� �°° � ��~~.~�. . ~~~ _- --- Precon | cost manager Jim Borgntrund is a Cost Manager with Rider Levett BuoknaU based in our Denver office. He has over 12 years experience inpre-construction oeminon and cost estimating for variety nfprojects, including municipal and commercial bui|dingo, oohoo|u, resorts and mixed-used facilities. Jim has provided accurate estimates and schedules on projects ranging from $20O.UO0 tenant remodels ho$8U0yW in new construction projects. Having worked for general contractors and subcontractors for the majority of his career, Jim brings e sound understanding of project management project controls, an d pnao onntruction services. Project Role Jim is respected for his ability to maintain clear and open communication preoonstruotinnEutimat»r channels between pre-construction and field operations. H*excels i» ������� ��'�� U�U U� — �~� negotiating effectively with biddero, writing thorough contracts and ^ with ''-- consulting with arohiteotn, subcontractors and suppliers. Hais able to Years Experience ~ 12 formulate eahmahns, advise on cost reduction strategies and resolve project issues in acost effective and timely manner. Education ���U������ Experience Associate, Applied Science in -' - — ^ /\nohita��u'ro| Engineering & Denver Veterans Affairs Medical �kwp|somnmant Hospital, Aurora, CO Estimating, Dunwoody Institute of Cost Manager providing Cost Advisory, Change Order Advisory and Teohno|ogy, Minneapolis, MN (|on�pnaheno/v* VEAna�n/x services, /nohdoo three mu/b�ova/peding ' structures, two elevated plazas above parking, and green roofs to five � Health Care Construction Certificate, �0$800M ifioate. American Society for Healthcare Engineering Client: Skidmore, Owings& 8�en�i Tom From +1312 5�400Q0 Exterior Insulation & Finish System University of Colorado Hospital Ansohutc Inpatient Pavilion Mechanic National Codifioa\e, Expansion Phase III,Aunnnm. CO . Association of the Wall &Cei|ing Coat A�/nage,for Cost Management, Change Order Review, 0mmo/x Industry Schedule Review& Recommendation for the new 735.008nqRY2-otory inpatient tower and two new parking structures totaling 3'//2spaces Professional AK0'8'at'ons utilizing/PD; $400/N ~ Member, American Association Client: University of Colorado Hospital, Sean Menogun +1720D488307 of Cost Engineers (AA CE) University qfColorado Hospital Cancer Pmw|Umn Expansion,Aurora, Specialized —k-KUs Co the design • Conceptual and Detailed Cuet Cost Manager pn��d�gCost Conou�enuynen�oeodu�ng Estimating and Cost Planning phase of the 4{\0 00 oq ft addition. During construction, we provided • Project Management Change Order Review& Schedule Review services for the fast-track • Tender and Bid Evaluation project; $20M • Cost Management Client: University of Colorado Hospital, Sean Menogan +Y720O480307 • PneconotruotionServioen • Change-order Reviews University qfColorado Hospital Lmprino��ff�om Bu|i��o� and ��r�|n� • Design Management Structure,Aurora,CO /ding complex • Value Engineering P,aoonohootion estimator for e ten-story medical office bui with a Y'070 space parking garage;$80M Client: University nf Colorado Hospital, Sean ¥ogan +/ 7208480307 14 ��P�medovmcyc�Juap�/ Rider • Levett Bucknall JIM 6 E RSTRAN D One Steamboat Place, Steamboat, CO* Preconstruction estimator for a luxury 468,000 sq ft condominium and mixed-use with two-levels of parking and private residences;$145M Client:Haselden Construction, Greg Conger+1303 550 2076 1755 Blake Street Office Building and Parking,CO* Project estimator for a class A office building consisting of 113,000 sq ft, five-stories of office space and three-stories below grade parking. This building obtained LEED Silver certification. Client:First Century Development, Jim McGibney+1303 888 3659 Soda Creek Elementary School; Steamboat Springs, CO* Project estimator on new 69,000 sq ft elementary school to accommodate over 600 students. Worked under mountain conditions and record snowfall; $18M. Client:Haselden Construction, Christian Ekstrom +1303 751 1478 prior to joining Rider Levett Bucknall Hours Dedicated to Galena Plaza A=te P( t::on troc.€aion Esfirylat0r- a`c. P-,0 Pose J i ri, will work 40 hours in April f0,.,the 50", Detail Design cstin`l +r; 60 hours in June for the De l d Oesign estimate; and 50 hours in the month of October fc.r t it? "tpasl Yt 3 it 't#C ri Doti ient e.sflr a :#u Given the milestone deliverable nature of our estimating service, we are confident Jim will have the capacity to meet the City of Aspen's goals for the three (3)estimates for the Galena Plaza project. �,, a Is Rider Levett Bucknalt DAVE POWERS Associate Principal Senior Project Manager Dave Powers brings more than 16 years of project management experience, both within and outside of the construction industry. Experience within the healthcare, high technology and construction industries have armed Dave with expertise in team building and management, as well as programming language skills, hardware engineering and advanced project management packages. Dave's strengths are project management, the bid process, contractor selection,field observation and inspections, master planning, contract administration, budget development and monitoring, schedule Project Role development and monitoring, and acting in the best interest of the owner at Constructability Reviewer all times. Years with RLB - 6 Relevant Experience Years Experience - 16 Barrow Replacement Hospital, Barrow,AK Project Management Oversight, Contract Administration, On-site Construction Monitoring and Construction Administration Support for the Education new two-story 100,000 sq ft hospital located in the northernmost town of BA, Economics &Accounting, the US and well within the Arctic Circle; $160M Rutgers University, Rutgers, NJ Client:Arctic Slope Native Association, Luke Welles +1 907 399 3029 Certified in Primavera Expedition Salt River Pima-Maricopa Indian Community Schedule Analysis, and SureTrak, Etrac Solutions Scottsdale, AZ AHA Certified Healthcare Provided a forensic analysis of prior construction projects completed for Constructor(Pending Examination) the Salt River Pima-Maricopa Indian Community to determine an average CCM Certified Construction schedule of each phase of construction. Manager(Pending Examination) Client: Salt River Pima-Maricopa Indian Community, David Mowry+1408 Professional Affiliations 1101141 • Member, American Association Britol-Myers Squibb Co. Parking Garage Phase 1, Hopewell, NJ* of Cost Engineers (AACE) Project Manager for a new four-story parking structure that comprises of 1,600 parking spaces. Built within close proximity of three existing Specialized Skills buildings while maintaining service roads for active personnel and loading • Project Management docks delivery, The foundation work for the parking deck is built on shale • Schedule Development and rock. The project work includes relocation of the main site wide loops for Monitoring electrical, mechanical and civil services;rerouting and construction of main • Masterplanning duct banks extensions for power and communication feeders terminating • Constructability Advice in the parking deck substation for future use;$20M • Contract Administration Client:reference on request • Owner's Representative San Jose Police Southside Substation,San Jose, CA* • Budget Development and Project Manager/Owner's Agent for a new 107,000 sq ft three-story Monitoring police station situated on a 10.5 acre site with underground parking, a vehicle maintenance building and car wash. LEED Silver; $60M Client:reference on request Library+ Parking Garage, City of Walnut Creek, CA* Construction Manager Agent on a new two-story, 42,000 sq ft library 16 Rider Levett Bucknall DAVE POWERS located in downtown. An underground parking garage and surface parking for approximately 150 spaces for public parking was included in the project scope. LEED Silver Client:reference on request Riverview Medical Center Expansion+Renovation—Parking Garage, Red Bank, NX Project Manager for the 207,000 sq ft expansion and renovation to areas on five levels of an operation hospital. A new 185 car parking structure along with extensive improvements to site traffic flow, public areas and administration space was paramount for project success. Client:reference on request prior to joining Rider Levett Bucknall Hours Dedicated to Galena Plaza As Constructability Reviewer, we propose Dave will work 24 hours in April for the SO°f, Detail Design estimate; 24 hours in June for the 100% Detail Design estimate; and 24 hours in the month of October for the Implementation Document estimate, Workload through November 1, 2013 Project Role % Dedicated Comp. D. Barrow Replacement Project Manager 80% Nov. 2013 Hospital Ventana Project Manager 10% 2015 17 3 PRECONSTRUCTION + PROJECT MANAGEMENT SERVICES Am Denver Botanic Gardens Redevelopment - Parking Garage Denver, CO "'f ?� z a ;. n ' a • � A`yw a y.. x c.. :. t R atY n � d % ' `�xs"��zs� ' a �fi�"��`„ksa�'"`• >#x"�� $ �°: a�" tar' xr a' ' < a a ,� t s,':,t Southern Ute Cultural Center + Museum Ignacio, CO Rider Levett Bucknall Rider Leven Bucknall 3 PRECONSTRUCTION + PROJECT MANAGEMENT SERVICES Children's Hospital East Tower Expansion - Visitor Parking Garage x x x x (lirld*!sryNbspita� .South.Parking Suvcture` x X x x Children's Hospital - East Parking Garage x x x Cokn"ada.State Tltaiv. -t*_$VW Nix-use Parking Structure (LEEDS'Gold) x x x V x Burlingame Ranch Affordable Housing Dev. Phase II x x x x X x x SouthernIte Cir�ttttal.Center& Museum x x' x x, Univ. of Denver - Evans Parking Structure x x X x Douglas County Parking Garage x x x x Univ. of Colorado Hospital Leprino Office Building - Parking Garage x x Westin livorfront'Resitrt&'Spa (LEO*'9Irer) x x x x x x Univ. of Colorado Hospital Expansion Phase III — Employee Parking Garage x x x x x Univ1 of Co 446 Nospitaf Expansion Phase III Visitor Parking Garage x z x x x DVAMC - North Visitor Parking Garage X x x x x x x x DVAMC-South Visitor Parking Gard.. x x x x x x x x DVAMC - North Staff Parking Garage x x x x x x x At Ute;Casino Resort; x ii x ` x x Federal Reserve Bank of Kansas City - Below-grade Parking Structure x x x X Univ} f`-b 0r,S hwol 410AW,'#WWVWe Parking Structure x x x x x Van Cise-Simonet Detention Center - Parking Garage (LEED® Silver) x x X x WhoetrlhC, vtz P Iltwnolis x . x x x x . x Copper Mountain Fire Station x x x x Deriver to ns ant P Itit►g Garage X. ` x x x x x P"!l 18 vm�ma� m,C/ho��^pa', pw/euoo�s'oas Levett 6,.e"uPu�ar'n�n"s;umnn'Pm/eu �~n.^v��en/ 5ow/ces Uu[Knau 3~1 Parking Garage Experience Children's Hospital.East Tower Expansion -Visitor Garage ,Aurora, CO __�s—part of the new ten-story east tower expansion, a new—, Rhonda Skallan three-story visitor parking structure was designed and built Children's Hospital Colorado to support the addition under IPD procurement. +1 720 777 8595 Rider Levett Bucknall provided independent cost advisory Size: 120,000 sq ft/ 1,260 stalls services to safeguard Owner's interest during the design phase effort and up to the GMP agreement. At the Value: $15,500,000 schematic design milestone, we carried out a peer review of the construction estimate for the scope of work intended to be self-performed by the CM/GC to ensure the estimate was appropriate and was neither over, or understated. At the design development milestone, when the GMP was presented to the Owner for approval, Rider Levett Bucknall conducted a peer review of the total scope of work within the GMP proposal to establish its appropriateness prior to acceptance by the Owner. The intent of our services was to provide the Owner the reassurance that the construction estimates and the GMP provided by the CM/GC had been independently critiqued and reviewed in detail prior to their approval and acceptance. UCH Expansion Phase III - Employee +Visitor Parkin Garapes, Aurora, CO In response to the need for additional beds, the Universi`=yo Sean Menogen ' University of Colorado Hospital Colorado Hospital is wrapping up its third expansion in just I eight years, This project includes a significant expansion +1 720 848 6367 including the construction of two parking structures (one for staff and one for outpatients)and all associated building and Employee Parking Garage site infrastructure and landscaping. Size: 720,000 sq ft/2,450 stalls Rider Levett Bucknall carried out Cost Management ir Value: $26,000,000 services during the design of the third expansion. OL services continued after design with Change Order review Visitor Parking Garage Size 200,000 sq ft/662 stalls and Schedule review services. Value: $10,000,000 Evans Parking Garage, Denver CO Primarily designed and built for the adjacent Nagel Mark Rodgers Residence Hall, the Evans Parking Structure includes University of Denver approximately 650 new parking spaces on four(4) levels +1 303 871 4779 and houses the Campus Safety and Parking Service Offices. The parking structure required cladding materials Size: 205,000 sq ft/650 stalls such as stone, bhok, and copper; all of which are typical of Value: $11,000,000 all University of Denver buildings. Rider LevattBuokna|| provided independent cost estimating services during preoonotructionat the schematic design and design development milestones. 19 ��Pnn�euonn,cyc/odpaoe' Rider Levett Bucknall _Douglas Court Parkin Garage, Castle Rock, CO_ The Downtown Castle Rock Parking Garage features 374 Joe Pahl spaces for county vehicles, county staff and Castle Rock Pahl public parking. Unique to the project is the building facade :.Architecture along Third Street. Its purpose is to fit in with the character of historic Castle Rock and allows the parking garage not to Size: 120,000 sq ft/374 stalls look like a parking garage, Value: $15,500,000 Rider Levett Bucknall prepared an independent construction cost estimate at 100% Construction Documents phase for the new parking garage. Federal Reserve Bank— Parking Structure, Kansas Cit , MO The Federal Reserve Bank of Kansas City required the :arry Huhn development of a new headquarters building to replace their Ellerbe Beckett aging facility. The new facility comprises 925,000 sq ft +1 816 561 4443 including a 12-level office tower above a two level operations center with a 70 foot, below-grade vault; a 292,858 sq ft(parking only) 20,600 sq ft remote vehicle inspection facility; 292,858 sq ft 1,000 parking garage and associated site works. (whole Located at the southern most end of the site, the parking garage is nestled into the hill in such a way as to minimize its bulk as seen from Main Street, Rider Levett Bucknall provided cost estimating, value engineering and construction cost auditing services. We understood the complexity of designing a visible federal structure post 9/11 and were able to effectively price the optimum levels of force protection for the structure and advise the Owner on cost impacts of standoff distances and the placement of blast and ballistic proof glazing. � 20 Rider- Levett Bucknall 3.2 Parking Garage Plaza Experience DVAMC—South Visitor Parking Garage, omm Aurora, CO 71 a--:-7Tom�Fr ��� The Department of Veterans Affairs(VA)is building a 1 sq ft replacement hospital. The facility will consist of several Skidmore, Owings& Merrill 'finger' buildings linked by a glazed central spine with a +1 312 554 9090 service tunnel below. This significant development includes three (3)structured parking garages for approximately 2,000 South Visitor Parking Garage cars,warehousing, an energy plant and various other Size: 252,952 sq ft components. Value: $19,000,000 The South Visitor Parking Garage features a plaza with enhanced waterproofing, raised feature planter beds and other soft and hard landscaping features. Rider Levett Bucknall has many roles with this project. To date we have provided cost advisory and scheduling services for all design milestones (SD, DD, 95% CD), as well as change order advisory and comprehensive value engineering analysis. DVAMC— North Visitor Parking Garage, Aurora, CO The North Visitor Parking Garage features a plaza with Tom Fromm enhanced waterproofing, vehicle access, feature planter Skidmore, Owings&Merrill beds and other soft and hard landscaping features. +1 312 554 9090 Rider Levett Bucknall has many roles with this project. To North Visitor Parking Garage date we have provided cost advisory and scheduling Size 328,111 • ft services for all design milestones(SD, DD, 95% CD), as Value: $25,000,000 well as change order advisory and comprehensive value engineering analysis, 21 Rider Levett Bucknall 3.3 Mountain Experience Westin Riverfront—Timeshares West, Avon, CO Rider Levett Bucknall provided cost consultancy services forM Hal Ziegler three (3)timeshare buildings totaling 223,000 sq ft and 108 Starwood Vacation units. The upscale retail and residential development •.. ..•; accompanies the Westin Riverfront Resort and Spa, comprising of 206 condominium units in varying 04 configurations and located at the base of Beaver Creek Value: $127M (whole project) Resort. The luxury hotel is Colorado's first LEEDS Silver hotel. A two-level underground parking structure is included. Rider Levett Bucknall completed a peer review of the General Contractors conceptual level estimate, specifically an analysis of the unit rates applied to the quantities in their estimate and of the specific allowances included in the estimate and their applicability to the project and design intent. Copper Mountain Fire Station +Administration Building, Copper Mountain, CO The new 27,000 sq ft station and administration building i Joe Pahl features a four-bay drive through apparatus area, shift Pahl Architecture quarters and facilities for firefighters and ambulance 861 7147 personnel, a training tower, operational offices, storage and equipment facilities, common use areas, including a physical Size: 27,000 sq ft fitness facility and an indoor/outdoor patio area with built-in • grill. Rider Levett Bucknall provided cost management services during preconstruction at the Schematic Design phase. Sky Ute Casino Resort, Ignacio, CO The new casino resort offers 150 luxury rooms, including David Bryan eight(8)suites and a five-story atrium space containing a AmerINDIAN Architecture 300 seat restaurant. The 290,000 sq ft resort contains ... 25,000 sq ft of conference and event space, 700-seat casino .. •• and 20 table games, dining and entertainment venues, and business a 24-lane bowling alley on a 40 acre site. Rider Levett Bucknall provided independent construction ' ft cost advisory services to the client and design team to Value: $150,000,000 validate pricing submitted by the contractor. Finally, we provided Project Management services to assist the Owner to deliver the project on-time and on-budget. , 22 Rider Levett Bucknall Pre, Southern Ute Cultural Center+ Museum, Ignacio, CO Located along the San Juan Mountain range is a new Bruce Arnold 53,708 sq ft cultural center and museum featuring Jones+Jones Architecture and permanent and temporary exhibit galleries, a library, a Landscape Architects variety of classrooms, an Elder room, storytelling room, +1 206 624 5702 community events space, curatorial/conservation space and administrative offices. A circular meadow at the entrance Size: 53,700 sq ft allows for a place of gathering. In order to evoke aspects of Value: $38,000,000 material culture: the wickiup, teepee, baskets, clothing and drum are reinforced. Rider Levett Bucknall provided cost management services during preconstruction. Initially we carried out a peer review of the CM/GC's Schematic Design estimate to determine the appropriateness of the budget being presented to the client. At 50% Design Development and 100% Design Development milestones, Rider Levett Bucknall prepared independent estimates for various design options under consideration. Finally, we reviewed the GMP agreement in order to safeguard the Owner's interest. 3.4 Aspen/Pitkin County Experience Burlingame Ranch Phase 11 Affordable Housinq Develonment, Aspen, CO Phase 11 comprises of 167 affordable housing units in 15 Chris Everson buildings in addition to six(6)single-family homes, three (3) City • Aspen parks and an integrated recreational trail system. +1 970 429 1834 As part of an IPD team, Rider Levett Bucknall is the City's Size: 167 units Owner's Agent for the development of Phase 11. Value: $100,000,000 Responsibilities include managing cost, schedule, consultant contracts, project documentation, public outreach and implementation of a strategic work plan to deliver the project on-time and on-budget. 23 J Rider Levett Bucknatt 3.5 Sustainable Design/Green Roof Construction Lake Street Mix-use Parking Structure, Fort Collins, CO Lake Street Parking Garage is a LEED®Gold certified oil Chad Novak building on the Colorado State University main campus. This H+L Architecture new facility provides bicycle and auto parking that includes •: 43 spaces designated for fuel efficient/low emitting vehicles to reward patrons with a demonstrated commitment to 326,000 sq ft/850 stalls sustainability. The materials used in construction are Value: comprised of over 20% recycled content and are supplied primarily by Colorado businesses. Native and adaptive vegetation throughout the site reduce irrigation requirements in an effort to conserve water resources. Rider Levett Bucknall provided independent construction cost advisory services during the schematic design, design development and construction document phases prior to the project being hard-bid. DVAMC—North Staff Parking Garage, Aurora, CO The Department of Veterans Affairs (VA)is building a 1.1 M Tom Fromm sq ft replacement hospital on the Anschutz Medical Skidmore, Campus. The facility will consist of several `finger' buildings • linked by a glazed central spine with a service tunnel below. The construction is 95% new build and will contain a nursing North Staff - Garage home, in-patient towers, ambulatory care buildings, - diagnostics and treatment buildings, research and Value: $28,000,000 development buildings, three (3) structured parking garages for approximately 2,000 cars, warehousing, an energy plant and various other components. The North Staff Parking garage has a sustainable focus, with the current design featuring approximately 550kW of solar PV with over 2,300 panels with an area of 42,000 sq ft. Rider Levett Bucknall has many roles with this project. To date we have provided cost advisory and scheduling services for all design milestones (SD, DD, 95% CD), as well as change order advisory and comprehensive value engineering analysis. t>, t 24 Rider ti Levett Bucknall. Denver Botanic Garden Redevelopment—Parking. arapeDenver, CO The redevelopment of the Denver Botanic Garden's Bill Moon addressed the programmatic and physical elements of the Try•a Architects York Street Campus, illustrating conceptual designs for +1 303 831 4010 long-term development of the gardens and supporting facilities. One of those supporting facilities included the Size: 325 parking spaces design and construction of a new 150 vehicle parking Value: $11,000,000 (parking only) structure partially below and partially above grade. The three(3) level parking structure replaced the existing landlocked surface lots and added 325 parking spaces. The structure is built into the sloped site and covered with a green roof. A top the parking structure sits The Mordecai Children's Garden, which offers hands-on activities for children and other budding botanists. Rider Levett Bucknall provided preconstruction estimating services in order to establish project budgets for the significant campus improvement plan which assisted in fund raising as well. ATTACHMENT A jr i. "Cl 00 F"04 COVAY K At 0 I Pat.cokom MI J WAT0014t 25 4 QUALITY CONTROL ,..•,"A. Z k , d,a g. r • a „e Westin Riverfront - Timeshares West, Avon, CO r Copper Mountain Fire Station + Administration Building Rider Copper Mountain, CO Bucknall rmo,pn/ mrCnvo|�anenpzveuzO/3'oz& Rider Levett u=/�"ap�a,e p,er`ns�mu.nn/pm|au �u""ue"`e,� se"'cms oucmmu QUALITY��� ��~�===~~ ~ . -- -- - ' - - - Service that produces quality requires planning, organizational commitment, training, control, diligence, documentation and review. To accomplish these goals, Rider Levett Bucknall has implemented formal policies and procedures: At the onset,wedo�nepn�ed goals and o\�eodveu. sp*�fyqua|i�y-ne|atedaob��ou. Quality and assign responsibilities to verify that activities are performed and goals are realized. comes from i (�ua|ityiamocomnpUahmdandrnmintainedby those vvhoare responsible for the --�^� pa�ormanoeof the work.---------- ~ Oua|i\yaohievemantisvorifiedbypmrsonne| indopond*ntofthevvork. i.o. Oua|ityin validated, but any quality manager is not the sole party responsible for Quality. ~ Quality verification will be reported to a level of management that provides sufficient authority and organizational freedom to assure that appropriate action will be taken to resolve any conditions that are adverse to a quality job. The reporting level will be at least one level higher than those providing direct responsibility for the work. Specifically for the Galena Plaza project, Peter Knowles will oversee the team and its work product and would be the authority accountable and responsible for the quality of Rider Levett Bucknall deliverables to meet or exceed the standards and expectations set by the City. 4.1 Process during Design The success of the design phase will be measured by five (5)key factors: ~ Meeting City of Aspen project scope goals ~ Meeting schedule ~ Meeting budget ~ Having the project Permitted ina timely manner ~ Minimizing the surprise factor for affected parties and the community DESIGN PHASE STEPS 6r /h best / �r �cs�,. �oo`c of �mz/u//^' prq+o' Rcc�c oenn/hcxhe steps /ho,Your�on rccmnmcn os r � |v + cs . 00 � �. �ooOwor/pou/bpm/nn. nne//uncv. ctc, Th e "r z m ds ^rd m m, � ndlyconrdinmuddou:rns sho"!Jb� cnPnoozr d mo/rc timely dc8veryo/lojcrnu0y(:onsntcmondexte VVe believe that the steps below will assist meeting these success metrics: ~ Establishing and agreeing on the project schedule early on ~ Obtaining City Council buy-in and understanding of the project and project risks early on ~ Establishing a regular stakeholder forum kz ensure nosurprises ~ Scheduling public presentations early on, before the design is fully developed to enable input and feedback ~ Issuing eodmuhouat key design stages(already a key pa�of�hiuRFP) 26 �� Rider Levett MINIMIZING CHANGE ORDERS J�'` wnr' "'m^a�//"^Yypdn� '," n u, wnvu~ u k appears this question is written Uz either u designer, or contractor, but for this scope ofwork, we see that minimizing change orders, and the role Rider Levett Bucknall can play to assist to minimize change orders would bebyhaving: • A very comprehensible General Contractor RFPto a contractor and than careful analysis to select the"lowest responsible bidder". not just the lowest bidder • Adequate General Contractor RFPduration • A neannnab|e, win-win contract with consistent goals ~ Coordinated design (which Rider Levett Bucknall will advise on during the three (3) key deliverable stages) ^ Clear descriptions of expectations and parameters, while enabling General Contractor's to offer means-and-methods improvements which may save time or money for the City DURING BIDDING p.ocr,�� mrd.ud� u�cd m vc/,�^� qun�� umrn�m derwki During bidding, Rider Levett Bucknall can act as to review bid and offer our report on key exclusions and Vu validate the cost. From RFP section 2.3 items 1 through 7it appears that being a key member involved in RFP compilation, and General Contractor review and analysis iu NOT a service required, oowe have excluded this at this stage. Methods to Maintain Construction Schedule Rider Levett Bucknall acknowledges that this service is not a key part of this RFP; however, we do have the tools and expertise to monitor the contractor's schedule for both cost and work in place. Monitoring e schedule just for cost io beneficial, but we are very aware of issues such as material procurement and preconstruction which may incorrectly show good progress. Our service extends to monitor installed work and take into account predecessors, successor and resource limitations which are more often the most critical factors affecting schedule. Rider LevettBuoknaU works with MS Project and Primavera P3. P0 and P7. *� 1�Ifu`'n— 27 5 FEES + SCHEDULE f " t S Van Cise-Simonet Detention Center Parking Garage + Plaza Denver, CO Rider Levett Bucknall Rider Levett Bucknatt 5 FEES + SCHEDULE 5.1 Fee Worksheet DESIGN PHASE PRECONSTRUCTION SERVICES AND • . Wc CC y z Q J �, � � � N I✓ W ° TOTAL Executive Oversight $960 $960 $960 $960 $960 $960 $960 $6,120 Develop CMP with City of Aspen $3,800 $3,800 $1,600 DD50% Cost Estimate & Constructability Review $8,400 $8,400 DDI00% Cost Estimate & Constructability Review $10,800 $10,800 IDI00%Cost Estimate & Constructability Review $9,600 ;9,600 Preconstruction / Project Management Assistance (based on 6 days a week, 48 hrs per month) $1,440 $1,440 $1,440 $1,440 $1,440 $1,440 $1,440 $52,080 Reimbursable Expenses Estimated $2,000 $2,000 $2,000 $2,000 $2,000 $2,000 $2,000 $14,000 It I 'II 1111 , I. 11 5.2 Ability to Meet Schedule Given the schedule presented in the RFP, with 100% Implementation Documents scheduled for issue in October 2013 and construction duration from April 2014 to June 2015, Rider Levett Bucknall sees that this is very achievable and may have some opportunity to be improved upon, depending how the 2015 planting can be achieved/managed. 5.3 Bankruptcies, Lawsuits + Liens Rider Levett Bucknall has never filed for bankruptcy and does not plan to. As for past lawsuits, claims or liens, there is one current claim matter to report. 2011 CURRENT CLAIM MATTER In January 2011, Rider Levett Bucknall Ltd received a Notice of Potential Claim from its architect client HOK on the NOAA Pacific Region Center, Pearl Harbor, Hawaii. Rider Levett Bucknall was engaged as a sub-consultant to HOK to provide cost estimating services for HOK's design work. 28 Rider pmvnso/ �'C//v 2o1 3'ono Levett �a/�nnP/a/a Pmcons�n`umn/Prn/,� �ynag~mcn/ �e,mce» oucmmm As a result of the Department of the Navy making a Notice of Claim against HOK for certain design errors, HOK made third pa�yNohuenofQuim against its oub'uonsu|tuntu. induding RidarLevatt Buo k na U Rider LevottBunkna|| has notified its professional liability carrier ofthe |msuitoradmminimtmd\on hearing filing Nod C)K� oaofC|aimmudebyHThmnshmmbeenno vv demanded.The current status is |initedtoo Notice pfPotential C|m\ n only. it is Rider Lmxett8uohnoH's intent tm vigorously defend the Notice of Claim. We can provide additional detail upon request. 5~4 Financial Stability Rider Levett Bucknall is financially sound. As requested we have provided confirmation of this from our bankers.With 90 staff in 23 offices in North America, Rider Levett Bucknall intends to keep advising Owners such au the City of Aspen for u long time into the future. Bank of America Merrill Lynch February 20,2013 Rider Levett Bucknall LTD. 4343 E Camelback Rd,Suite 350 Phoenix,AZ 85018 Attn: Julian Anderson RE: Bank of America Account XXXXXX8365 Dear Julian- Please accept this letter as confirmation on the above mentioned Business Checking Account currently utilized with Bank of America, Open Date: 12/411998 6 Month Average Balance: $900,000 Account has been handled as agreed If you have any additional questions,please feel free to contact me at 602-523-4244. Regards Je—)2�_' SVP,Sr,Client anager 29 �� ILI " PER,morl COMMITTED R" ELmlAoLL PROACTIVE HANDSwON PROVEN LOCAL, RIDER LEVETT BUCKNALL 1675 Larimer Street, Suite 470 I Denver, CO 80202 1 + 1 720 904 1480 www.americas.rlb.com RLB Rider Levett Bucknall 1675 Larimer Street PDK:RT:GALENA PLAZA revised Suite 470 29 April 2013 Denver,Colorado 80202 T:+720 904 1480 Mr John Laatsch Project Manager City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Dear John, REVISED PROPOSAL FOR CITY PROJECT 2013-029 GALENA PLAZA RECONSTRUCTION / PROJECT MANAGEMENT SERVICES Thank you for the recent communication regarding the preference for the City of Aspen to utilize Rider Levett Bucknall for the Preconstruction Services on the Galena Plaza enhancement project. We are excited to work with the City of Aspen and the design team on this project and this letter is to present a revised fee proposal, based on your desire to have a reduced level of Preconstruction/Project Management assistance than we initially assumed in our March 6, 2013 proposal and fee structure. Our Preconstruction/Project Management assistance will be based upon providing assistance on a time and material basis for the six months from May through to October on an as-needed basis. Key activities will be to compile Schedules, assist with Council presentations, assist with General Contractor RFQ/RFP, bid documents, bid review and to assist CoA Legal Counsel in compiling Contract documentation. Service Apr-13 May-13 Jun-13 Jul-13 Aug-13 Sep-13 Oct-13 Total Executive Oversight $, Develop CMP criteria with City of Aspen $ 1,600 $ 1,600 $ 1,600 $ 4,800 OD50%-Develop Cost Estimate and ConStructability review $ 8,400 $ 8,400 DD100%-Develop Cost Estimate and Constructability review $ 10,800 $ 10,800 4D300%-Develop Cast Estimate and Constructabiilty review $ 91600 S 91600 Project management and preconstruction assistance(average $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 12,000 13hrs/month) Reirtiburseablexpenses�stimate $. 11000 $ $ x,1900 $ '$: 3 $ 2 : Total . 13,000 611 15,400 3,000 3,000 611 611 '"We envisage reimbursable travel will be able to be coordinated with the Burlingame Ranch Phase II project,to reduce the overall cost. Please note that there will still be Executive Oversight on this project, but these hours will not be charged. www.americas.rtb.com RLB \| Rider B Uck naU U R B [ R'|Upr LeVeLi UUcLnau 29 April 2013 Page REVUSEDU»ROKnOSAK- FORCUTY PROJECT 2013-029 GALENA PLAZA We propose that services in addition to those listed above will be compensated on a time and material basis with the following hourly rates, which we have reduced for CoAaoa preferred client: Principal $170.00 Associate Principal $150.00 Associate $135.00 Senior Cost Manager $121.00 Cost Manager $114.00 Clerical Support Prior to commencing any additional work we will notify CoA and seek formal approval. Thank you for the opportunity to work with you on this project. Yours sincerely, Peter Knowles, FR\CS Executive Vice President Rider LeveKBuuknaULtd Enos ATTACHMENT A = Document A195TM - 2008 Standard Form of Agreement Between Owner and Contractor for Integrated Project Delivery AGREEMENT made as of the 10`h day of June in the year 2013 ADDITIONS AND DELETIONS: BETWEEN the Owner: The author of this document has added information needed for its City of Aspen completion.The author may also 130 South Galena Street have revised the text of the original Aspen,Colorado 81611 AIA standard form.An Additions and Deletions Report that notes added and the Contractor/Consultant Preconstruction Services: information as well as revisions to the standard form text is available from Rider Levett Bucknall,Ltd. the author and should be reviewed.A 1675 Larimer Street, Suite 470 vertical line in the left margin of this Denver,CO 80202 document indicates where the author has added necessary information and where the author has added to or for the following Project: deleted from the original AIA text. Galena Plaza Improvements This document has important legal North Galena Street consequences. Consultation with an Aspen,Colorado attorney is encouraged with respect to its completion or modification. The Engineer: This document is not intended for S.A.Miro,Inc. use in competitive bidding. 610 Main St., Suite 1 1 AIA Document A295TM-2008, P.O.Box 2243 General Conditions of the Agreement Frisco, CO 80443 for Integrated Project Delivery, is adopted in this document by reference.Do not use with other general conditions unless this document is modified. The Owner and Contractor agree as follows. Init. AIA Document A195TM—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 reproduction or distribution of this AIA`" Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at / 16:59:22 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (1129475930) TABLE OF ARTICLES 1 THE WORK OF THIS CONTRACT 2 OWNER'S RESPONSIBILITIES 3 COPYRIGHTS AND LICENSES 4 COMPENSATION 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 SPECIAL TERMS AND CONDITIONS 10 SCOPE OF THE AGREEMENT ARTICLE 1 THE WORK OF THIS CONTRACT § 1.1 The Work of this Contract includes Preconstruction Services only, up through the completion of the Final Implementation Documents Estimate. The Work of this Contract does not include Construction Phase Services. The Contractor shall fully execute the Work described in the Preconstruction Services Documents,except as specifically indicated in the Documents to be the responsibility of others. The Preconstruction Service Documents are defined in Article 1 of AIA Document A295TM-2008, General Conditions Document of the Contract for Integrated Project Delivery, as amended,which is incorporated herein by reference. § 1.2 The Contractor shall purchase and maintain insurance as set forth in Article I I of AIA Document A295-2008,as amended,which applies to Preconstruction Services only. § 1.3 ADDITIONAL SERVICES PRIOR TO THE ESTABLISHMENT OF THE FINAL IMPLEMENTATION DOCUMENTS ESTIMATE § 1.3.1 Prior to the establishment of the Final Implementation Documents Estimate,the Contractor may provide Additional Services after execution of this Agreement without invalidating this Agreement. Except for services required due to the fault of the Contractor,any Services provided in accordance with this Section 1.3 shall entitle the Contractor to compensation pursuant to Section 4.1.2. § 1.3.2 Upon recognizing the need to perform the following Additional Services prior to the establishment of the Final Implementation Documents Estimate,the Contractor shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Contractor shall not proceed to provide the following services until the Contractor receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information set forth in A295-2008,previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size,quality, complexity,the Owner's schedule or Budget for the Work,or procurement method; .2 Deleted. .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner; .5 Preparing digital data, in a format other than previously agreed to, for transmission to the Owner's consultants and contractors,or to other Owner authorized recipients; Init. AIA Document A195 TM—2008.Copyright©2008 by The American Institute of Architects.All rights reserved.WARNING:This AIA'i Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA6 Document,or any portion of it,may result in 2 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:59:22 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (1129475930) .6 Preparation for, and attendance at,a public presentation,meeting or hearing other than those required under A295-2008;or .7 Preparation for,and attendance at a dispute resolution proceeding or legal proceeding,except where the Contractor is party thereto. ARTICLE 2 OWNER'S RESPONSIBILITIES The Owner's responsibilities are as set forth in the accompanying A295-2008,as amended. ARTICLE 3 COPYRIGHTS AND LICENSES § 3.1 The Contractor and the Owner warrant that in transmitting Instruments of Service, or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Contractor intend to transmit Instruments of Service or any other information or documentation in digital form,they shall endeavor to establish necessary protocols governing such transmissions. § 3.2 The Contractor hereby assigns to the Owner,without reservation,all copyrights to all project-related documents, shop drawings,models,photographs,and other documents created by the Contractor or the Contractor's Subcontractors.Among those documents are certain "Instruments of Service," including the shop drawings,models, and other documents, drawings and specifications that are included in the Final Implementation Documents. The Owner's obligation to pay the Contractor is expressly conditioned upon the Contractor's obtaining a valid written comprehensive assignment of copyrights from his Subcontractors in terms identical to those that obligate the Contractor to the Owner as expressed in this subparagraph,which copyrights the Contractor,in turn,hereby assigns to the Owner.The Owner,in return,hereby grants the Contractor a nonexclusive license to reproduce the documents for purposes relating directly to the Contractor's performance of this Project,for the Contractor's archival records,and for the Contractor's reproduction of drawings and photographs in the Contractor'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 are included in this grant of nonexclusive license to the Contractor.This nonexclusive license shall terminate automatically and immediately upon the occurrence of either a breach of this Agreement by the Contractor or termination. This nonexclusive license is granted to the Contractor alone and shall not be assigned by the Contractor to any other person or entity. Other provisions of this Agreement notwithstanding,this nonexclusive license shall terminate automatically upon an Contractor's assignment of this nonexclusive license to another or his attempt to do so. However,nothing in this paragraph shall be construed to preclude the Contractor from, in turn, assigning to his Consultants a nonexclusive license coextensive with the Contractor's applying to the documents originally created by that Consultant. (Paragraphs deleted) § 3.3 If the Owner subsequently reproduces project-related documents or creates a derivative work based upon project-related documents created by the Contractor,where 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 Contractor and his Consultants. However if required by law, such identification with appropriate qualifying language or other statutorily prescribed information identifying the original Contractor may remain or be applied by the Owner or by a designee of the Owner. § 3.4 Prior to the Contractor providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Contractor any electronic data for incorporation into the Instruments of Service,the Owner and the Contractor shall by separate written agreement 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 Agreement. ARTICLE 4 COMPENSATION § 4.1 SERVICES PROVIDED THROUGH THE FINAL IMPLEMENTATION DOCUMENTS ESTIMATE § 4.1.1 For the Contractor's performance of services set forth in A295-2008, as amended, through the establishment of the Final Implementation Documents Estimate(Preconstruction Services),the Owner shall pay the Contractor as follows: I Contractor will provide Preconstruction Services on a time and material basis, on an as-needed basis, for the six months from May through to October of 2013 up to$45,600.00 plus reimbursable expenses. Init. AIA Document A195TM—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 reproduction or distribution of this AlAt 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 law.This document was produced by AIA software at / 16:59:22 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (1129475930) Reimbursable travel will be coordinated with the Burlingame Ranch Phase II project, whenever possible,to reduce the overall cost. Contractor will proved Executive Oversight of the Project at no charge.Key activities will be to compile Schedules,assist with Council presentations,assist with General Contractor RFQ/RFP, bid documents,bid review and to assist CoA Legal Counsel in compiling Contract documentation. Develop CMP criteria with City of Aspen DD50%-Develop Cost Estimate and Constructability review v /co Develop Cost Estimate and Constructability review 7JW icy—j�o Develop Cost Estimate and Constructability review -Project management and preconstruction assistance(average 13hrs/month) § 4.1.2 For Additional Services that may arise through the establishment of the Final Implementation Documents Estimate,including those under Section 1.3,the Owner shall compensate the Contractor as follows: Principal$170.00 Associate Principal$150.00 Associate$135.00 Senior Cost Manager$121.00 Cost Manager$114.00 Clerical Support$58.00 § 4.1.3 Compensation for Additional Services of the Contractor's Subcontractors when not included in Section 4.1.2, shall be the amount invoiced to the Contractor plus five percent (5%), or as otherwise stated below: TBD § 4.1.4 The hourly billing rates for services of the Contractor and the Contractor's Subcontractors,if any,are set forth below. Principal$170.00 Associate Principal $150.00 Associate$135.00 Senior Cost Manager$121.00 Cost Manager$114.00 Clerical Support$58.00 Subcontractors TBD (Table deleted) § 4.1.5 COMPENSATION FOR REIMBURSABLE EXPENSES § 4.1.5.1 Reimbursable Expenses are in addition to compensation for the Contractor's Preconstruction Services and include expenses incurred by the Contractor and the Contractor's Subcontractors directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites,and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing,reproductions,plots, standard form documents; .5 Postage,handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models,mock-ups,professional photography,and presentation materials requested by the Owner; .8 All taxes levied on professional services and on reimbursable expenses; .9 Site office expenses; and .10 Other similar Project-related expenditures incurred in performance of Preconstruction Services. Init. AIA Document A195 TO—2008.Copyright©2008 by The American Institute of Architects.All rights reserved.WARNING:This AIA 4,Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in 4 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:59:22 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (1129475930) § 4.1.5.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Contractor and the Contractor's Subcontractors plus an administrative fee of five percent(5%)of the expenses incurred. § 4.2 SERVICES PROVIDED AFTER ESTABLISHMENT OF THE FINAL IMPLEMENTATION DOCUMENTS ESTIMATE § 4.2.1 The Owner intends to competitively bid the Construction Phase Services for this Project after the Final Implementation Documents Estimate is completed. Therefore the Preconstruction Services provided under this Agreement do not include any services after the establishment of the Final Implementation Documents Estimate. (Paragraphs deleted) § 4.3 COMPENSATION FOR USE OF CONTRACTOR'S INSTRUMENTS OF SERVICE If the Owner terminates the Contractor for its convenience under Section 7.1.5 or Section 7.2.4, or the Contractor terminates this Agreement under Section 7.1.3 or Section 7.2.1,the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Contractor's Instruments of Service solely for purposes of the Project as follows: $0.00 ARTICLE 5 PAYMENTS § 5.1 PAYMENTS FOR PRECONSTRUCTION SERVICES § 5.1.1 An initial payment of Zero Dollars and Zero Cents ($ 0.00)shall be made upon execution of this Agreement and is the minimum payment under this Agreement. § 5.1.2 Unless otherwise agreed,payments for Preconstruction- Services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Contractor's invoice. Amounts unpaid Forty-five ( 45 )days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Contractor. 8.00% per annum § 5.1.3 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. (Paragraphs deleted) ARTICLE 6 DISPUTE RESOLUTION § 6.1 PRIOR TO ESTABLISHMENT OF THE FINAL IMPLEMENTATION DOCUMENTS ESTIMATE The Owner and Contractor shall resolve any claim or cause of action arising out of or relating to the Contractor's Services pursuant to the mediation and litigation provisions set forth in Section 13.3 of A295-2008. (Paragraphs deleted) § 6.1.1 INITIAL DECISION MAKER The Engineer will serve as Initial Decision Maker pursuant to Section 13.2 of AIA Document A295-2008,unless the parties appoint below another individual,not a party to this Agreement,to serve as Initial Decision Maker. (Paragraphs deleted) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 TERMINATION OR SUSPENSION PRIOR TO ESTABLISHMENT OF THE FINAL IMPLEMENTATION DOCUMENTS ESTIMATE § 7.1.1 If the Owner fails to make payments to the Contractor of undisputed amounts properly due for Preconstruction Services in accordance with this Agreement,the Contractor may provide written notice of such failure to the Owner and Architect. If Owner fails to make such payment within fourteen(14)days of receipt of such notice, such failure shall be considered substantial nonperformance and cause for termination or,at the Contractor's option,cause for suspension of performance of services under this Agreement. If the Contractor elects to suspend services,the Contractor shall give an additional seven days'written notice to the Owner before suspending services. In the event of a suspension of services,the Contractor shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services,the Contractor shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Contractor's services. The Contractor's compensation for the remaining services and the time schedules shall be equitably adjusted. Init. AIA Document A195TM—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 reproduction or distribution of this AIA Document,or any portion of it,may result in 5 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at t 16:59:22 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (1129475930) § 7.1.2 If the Owner suspends the Project,the Contractor shall be compensated for Preconstruction Services performed prior to notice of such suspension. When the Project is resumed,the Contractor shall be compensated for expenses incurred in the interruption and resumption of the Contractor's services. The Contractor's compensation for the remaining Preconstruction Services and the time schedules shall be equitably adjusted. § 7.1.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Contractor,the Contractor may terminate this Agreement by giving not less than seven days' written notice. § 7.1.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. If a termination by the Owner is subsequently determined to be wrongful,such termination shall automatically be converted to a termination for the Owner's convenience. § 7.1.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Contractor for the Owner's convenience for any reason and without cause. § 7.1.6 In the event of termination not the fault of the Contractor,the Contractor shall be compensated for services performed prior to termination,together with Reimbursable Expenses then due. (Paragraph deleted) § 7.1.8 The Owner's rights to use the Contractor's Instruments of Service in the event of a termination of this Agreement are set forth Article 3 and Section 4.3 of this Agreement as well as the A295-2008 General Conditions of the IPD Agreements. (Paragraphs deleted) § 7.2.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 7.2.3.1 The Owner may,without cause,order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 7.2.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension,delay or interruption as described in Section 7.2.3.1.Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is,was or would have been so suspended,delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 This Agreement shall be governed by the law of the place where the Project is located, subject to the Federal Arbitration Act as applicable. § 8.2 Terms in this Agreement shall have the same meaning as those in A295-2008,as amended. § 8.3 The Owner and Contractor,respectively, bind themselves,their agents, successors and assigns to this Agreement.Neither the Owner nor the Contractor shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 8.4 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Contractor. § 8.5 If the Contractor or Owner receives information specifically designated by the other party as "confidential" or "business proprietary,"the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to(1)its employees, (2)those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or(3)its consultants and contractors whose contracts include similar restrictions on the use of confidential information. Init. AIA Document A195T"—2008.Copyright©2008 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in 6 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at t 16:59:22 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (1129475930) ARTICLE 9 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: N/A ARTICLE 10 SCOPE OF THE AGREEMENT § 10.1 This Agreement represents the entire and integrated agreement between the Owner and the Contractor and supersedes all prior negotiations,representations or agreements,either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Contractor. § 10.2 The following documents comprise the Agreement: .1 AIA Document A 195-2008, Standard Form of Agreement Between Owner and Contractor for Integrated Project Delivery, as amended .2 AIA Document A295-2008,General Conditions of the Contract for Integrated Project Delivery, as amended .3 AIA Document E201TM-2007, Digital Data Protocol Exhibit, if completed, or the following: .4 Other documents: Exhibit A-Request for Proposals for Galena Plaza: Preconstruction/Project Management Services/ dated March 6,2013 This Agreement entered into as of the day and year first written above. CITY OF ASPEN RIDE VETT BUCKNALL, LTD. OWNER(Signature) CONT CTO 7s,Si nature r�NSvL�f/{-�✓T t L(� '12CL7W Mayor Peter Knowl , Executive Vice President (Row deleted) 46 A/0 C) %A*-'64 Ju 4 AIA Document A195TM—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.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in 7 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at t 16:59:22 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (1129475930) Document A295 TM - 2008 General Conditions of the Contract for Integrated Project Delivery for the following PROJECT: Galena Plaza Improvements Aspen,Colorado ADDITIONS AND DELETIONS: The author of this document has THE OWNER: added information needed for its completion.The author may also City of Aspen have revised the text of the original 130 South Galena Street AIA standard form.An Additions and Aspen,Colorado 81611 Deletions Report that notes added information as well as revisions to the THE ENGINEER: standard form text is available from the author and should be reviewed.A vertical line in the left margin of this 610 S. A.Mi ,Inc. document indicates where the author P.O.Box Main nO 24 80 Suite 11 has added necessary information P.O and where the author has added to or FC1SCO,CO 80443 deleted from the original AIA text. THE CONTRACTOR/CONSULTANT PRECONSTRUCTION SERVICES: This document has important legal consequences.Consultation with an Rider Levett Bucknall attorney is encouraged with respect 1675 Larimer Street, Suite 470 to its completion or modification. Denver,CO 80202 Init. AIA Document A295 TM—2008.Copyright m 2008 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at / 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 ENGINEER 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 AIA Document A295T'"—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.Unauthorized reproduction or distribution of this AIA` Document,or any portion of it,may result in 2 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. (728126802) User Notes: INDEX Engineer's Administration of the Contract (Numbers and Topics in Bold are Section Headings) 9.1.2,9.7.4,9.23.4,9.23.5,9.26, 13.2 Engineer's Approvals 9.1.2,9.5,9.10.2,9.25.2.7,9.26.5.2 Acceptance of Nonconforming Work Engineer's Authority to Reject Work 9.23.6.6,9.23.8.3,9.25.3 9.5,9.25.1.2,9.25.2.1,9.26.4.2 Acceptance of Work Engineer's Copyright 9.23.6.6,9.23.8.3,9.25.3, 10.1.4, 10.2.1, 10.2.3, 1.3.6, 1.5 Access to Work Engineer's Decisions 9.16,9.20.2.1,9.25.1 9.7.4,9.20.3,9.21.3.7,9.21.3.9,9.22.1.2, 9.22.3.1, Accident Prevention 9.23.2,9.23.4.1,9.23.5,9.23.8.1,9.26.4.2,9.26.4.3, 9.24 9.26.4.4,9.26.5.2,9.26.5.4, 10.1.6, 12.4.2, 13.2, 13.3 Acts and Omissions Engineer's General Services 9.2, 9.3.4,9.12.8,9.18,9.22.3.1,9.23.5.1,9.24.2.5, 3.2 9.24.2.8,9.26.4.1, 12.3.2, 12.6, 13.2 Engineer's Inspections Additional Costs,Claims for 9.7.4,9.23.4.2,9.23.8.2,9.26.4.1, 10.1.1, 10.1.5, 9.7.4,9.7.5,9.20.1.1,9.21.3.7.5,9.24.3, 13.1.4 10.2.1, 12.4 Additional Inspections and Testing Engineer's Instructions 9.23.4.2,9.25.2.1, 10.1.5, 12.4 9.2.4,9.3.1,9.26.4.2,9.26.5.2, 12.4.2 Additional Insured Engineer's Interpretations 11.1.4 9.26.4.3,9.26.4.4 Additional Time,Claims for Engineer's Relationship with Contractor 9.2.4,9.7.4,9.7.5,9.10.2,9.22.3.2, 13.1.5 1.3.9, 1.5,3.1.2,3.1.3,9.1.2,9.2.2,9.2.3, 9.2.4,9.3.1, Administration of the Contract,Engineer's 9.4.2,9.5,9.7.4,9.7.5,9.9.2,9.9.3,9.10,9.11,9.12, 9.1.2,9.23.4,9.23.5,9.26 9.16, 9.18,9.19.2,9.20.2.2,9.21,9.22.3,9.23.2, Aesthetic Effect 9.23.3,9.23.4,9.23.5,9.23.7,9.23.8, 9.24.2.6,9.24.3, 9.26.4.4 9.25,9.26, 10.1, 11.3.7, 12.3.2, 12.4, 13.2 After Substantial Completion(Correction of Work) Engineer's Relationship with Subcontractors 9.25.2.2 1.3.9,9.23.6.3,9.23.6.4,9.26.4.1, 9.26.4.2, 11.3.7 Allowances Engineer's Representations 9.8,9.21.3.8 9.23.4.2,9.23.5.1, 10.2.1 All-risk Insurance Engineer's Site Visits 11.3.1, 11.3.1.1 9.7.4,9.23.4.2,9.23.5.1,9.23.8.2, 9.26.4.1, 10.1.1, Applications for Payment 10.2.1, 12.4 9.21.3.9,9.23.2,9.23.3,9.23.4,9.23.5.1,9.23.6.3, Asbestos 9.23.7, 10.2, 11.1.3 9.24.3.1 Approvals Attorneys' Fees 2.1.1,2.2.4,4.2.6,9.1.2,9.10.2,9.12.8,9.12.9, 9.18.1,9.24.3.3, 10.2.2 9.23.3.2,9.25.2.7,9.26.5.1, 9.26.5.2, 12.4.1 Award of Separate Contracts Arbitration 9.20.1.1,9.20.1.2 9.22.3.1, 11.3.10, 13.3.2, 13.4 Award of Subcontracts and Other Contracts for ENGINEER Portions of the Work 3 9.19.2 Engineer,Definition of Basic Definitions 3.1.1 1.3 Engineer,Extent of Authority Before or After Substantial Completion(Correction 3.1, 9.12.7,9.19.2, 9.20.3, 9.21.1.2,9.21.3.7,9.21.4, of Work) 9.23.2,9.23.3.1,9.23.4,9.23.5,9.23.6.3,9.25.1, 9.25.2.1 9.25.2.1,9.25.2.7,9.26, 10.1, 10.2.1, 10.2.3, 12.4.1, Bidding Requirements 12.4.2, 13.1.3, 13.2.1 11.4.1 Engineer,Limitations of Authority and Responsibility Binding Dispute Resolution 2.1.1,3.1.2,3.2.3,4.2.6,9.12.4,9.12.8,9.19.2.1, 9.23.7, 11.3.9, 11.3.10, 13.1, 13.2.5, 13.2.6.1, 13.3.1, 9.21.4,9.23.4.2,9.23.5.3,9.23.6.4,9.26.1,9.26.2, 13.3.2, 13.4.1 9.26.4.1,9.26.4.2,9.26.4.4, 9.26.5.2, 13.1.3, 13.2 Boiler and Machinery Insurance Engineer's Additional Services and Expenses 11.3.2 3.2.3,9.25.2.2.1,9.25.2.7, 11.3.1.1, 12.4.2, 12.4.3 Init. AIA Document A295T"—2008.Copyright®2008 byTheAmerican Institute of Architects.All rights reserved.WARNING:This AIA"Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this A10 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 law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) Bonds,Lien Commencement of the Work,Definition of 9.21.3.7.4, 10.2.2, 10.2.3 8.6 Bonds,Performance,and Payment Communications Facilitating Contract Administration 9.21.3.7.4,9.23.6.7, 10.2.3, 11.3.9, 11.4 3.22,9.9.1 Building Information Model Completion,Conditions Relating to 1.3.5, 1.3.8, 1.4.2, 1.5.1, 1.5.2, 5.5,7.1,8.2 9.4.1,9.11, 9.15,9.22.2,9.23.4.2, 9.23.8.1,9.26.4.1, Building Permit 9.25.2, 10.1, 10.2, 12.6 9.7.1 Completion,Substantial Capitalization 9.22.1.1,9.22.1.2,9.22.2.3,9.23.4.2, 9.23.8.1,9.25.2, 1.4.4 10.1.1, 10.1.2, 10.2.3, 12.6 Certificate of Substantial Completion Compliance with Laws 10.1.5, 10.1.6, 10.1.9 1.5.2,3.1.1,4.2.6,9.2.3,9.6,9.7,9.13,9.23.6.4, Certificates for Payment 9.24.2.2, 11.1, 11.3, 12.3, 12.4.1, 12.4.2, 12.5, 13.2.8, 9.23.3.3,9.23.4,9.23.5,9.23.6.1,9.23.6.6,9.23.7, 13.4.2, 13.4.3 10.1.1, 10.2.1, 10.2.3, 13.1.3 Concealed or Unknown Conditions Certificates of Inspection,Testing or Approval 9.7.4,9.22.3.1,9.24.3 12.4.4 CONCEPTUALIZATION PHASE Certificates of Insurance 5 10.2.2., 11.1.3 Conditions of the Contract Change Orders 1.3.8,9.20.1.1,9.20.1.4 1.3.8,9.4.2,9.7.4,9.8.2.3,9.11,9.12.8,9.19.2.3, Consent,Written 9.21.1.2,9.21.1.3,9.21.2,9.21.3.2,9.21.3.6,9.21.3.9, 3.1.2,9.4.2,9.7.4,9.12.8,9.14.2,9.23.3.2,9.23.8.1, 9.21.3.10,9.22.3.1,9.23.3.1.1,9.24.3.2,9.25.1.2, 10.1.9, 10.2.2, 10.2.3, 11.3.1, 12.1, 12.3.2, 13.4.4.2 9.25.2.7, 10.2.3, 11.3.1.2, 11.3.4, 11.3.9, 13.1.3 Consolidation or Joinder Change Orders,Definition of 13.4.4 9.21.2.1 CONSTRUCTION BY OWNER OR BY CHANGES IN THE WORK SEPARATE CONTRACTORS 2.2.2,9.11,9.21,9.21.2.1,9.21.3.1,9.21.4,9.22.3.1, 1.3.2,9.20 9.23.3.1.1, 11.3.9 Construction Change Directive,Definition of Claims,Definition of 9.21.3.1 13.1.1 Construction Change Directives CLAIMS AND DISPUTES 1.3.8,9.4.2,9.12.8,9.21.1.1,9.21.1.2,9.21.1.3, 9.2.4,9.20.1.1,9.20.3,9.21.3.9,9.23.3.3,9.24.3.3, 9.21.3,9.23.3.1.1 10.2.4,13, 13.4 CONSTRUCTION PHASE Claims and Timely Assertion of Claims 9 13.4.1 Construction Schedules,Contractor's Claims for Additional Cost 9.10,9.12.1,9.12.2,9.20.1.3, 13.1.5.2 9.2.4,9.7.4,9.20.1.1,9.21.3.9,9.24.3.2,13.1.4 Contingent Assignment of Subcontracts Claims for Additional Time 9.19.4 9.2.4,9.7.4,9.20.1.1,9.22.3.2,9.24.3.2, 13.1.5 Continuing Contract Performance Claims for Consequential Damages 13.1.3 13.1.6 Contract,Definition of Cleaning Up 1.3.9 9.15,9.20.3 Contract Administration Concealed or Unknown Conditions,Claims for 9.1.2,9.23.4,9.23.5,9.26 9.7.4 Contract Award and Execution,Conditions Relating to Claims for Damages 9.7.1,9.10,9.19.2,9.20.1, 11.1.3, 11.3.6, 11.4.1 9.2.4,9.18,9.20.1.1,9.22.3.3,9.23.5.1,9.23.6.7, Contract Documents,The 9.24.3.3, 11.1.1, 11.3.5, 11.3.7, 13.1.6 See Guaranteed Maximum Price Documents,The Claims Subject to Arbitration Contract Sum 13.3.1, 13.4.1 9.7.4,9.8,9.19.2.3,9.21.2,9.21.3,9.21.4,9.23.1, CLOSEOUT PHASE 9.23.4.2,9.23.5.1.4,9.23.6.7,9.23.7,9.24.3.2, 11.3.1, 10 13.1.4, 13.2.5 Commencement of the Work,Conditions Relating to Contract Sum,Definition of 2.2.2,8.6,9.2.2,9.4.1,9.7.1,9.10.1,9.12.6,9.19.2.1, 9.23.1 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 AIA Document A2951"—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.Unauthorized reproduction or distribution of this AIA` Document,or any portion of it,may result in 4 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. (728126802) User Notes: Contract Time Copies Furnished of Drawings and Specifications 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, Copyrights 9.23.7,9.24.3.2,9.25.1.1, 13.1.5.1, 13.2.5 pyri ghts Contract Time,Definition of 1.5,9.17 9.22.1.1 Correction of Work CONTRACTOR 9.7.3,9.23.4.2, 9.23.8.1,9.25.1.2, 9.25.2,9.25.2.6, 4 9.25.2.7, 10.1.4, 10.1.5 Contractor, Definition of Correlation and Intent of the GMP Documents 4.1,9.20.1.2 1.4,9.2.1 Contractor's Construction Schedules Cost,Definition of 9.10, 9.12.1, 9.12.2, 9.20.1.3, 13.1.5.2 Costs .7 C Contractor's Employees 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, 9.3.4,9.4.3,9.8.1,9.9,9.18.2,9.24.2,9.24.3,9.26.4.1, 9.21.3.3.3,9.21.3.7, 9.21.3.8,9.21.3.9,9.24.3.2, 9.26.4.2, 11.1.1, 11.3.7 Contractor's Estimates 11.3, .6,9.25.1.2,9.25.2.1, 9.25.2.4, 9.25.2.7, 10.2.2, 4.2.3,4.2.4,4.2.5 11.3, 12.4 Contractor's Liability Insurance CRITERIA DESIGN PHASE 11.1 6 Contractor's Relationship with Separate Contractors Cutting and Patching 9.14, 9.20.2.5 and Owner's Forces Damage to Construction of Owner or Separate 9.12.5,9.14.2,9.20,9.25.1.2,9.25.2.4, 11.3.7 Contractor's Relationship with Subcontractors Contractors 9.14.2,9.20.2.4,9.24.2.1.2, 9.24.2.5, 9.24.4, 9.25.2.4, 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 11.1.1, 11.3 Damage to the Work Contractor's Relationship with the Engineer g 9.14.2,9.23.8.1,9.24.2.1.2, 9.24.2.5, 9.24.4, 9.25.2.4, 1.3.9, 1.5,3.1.3,9.1.2,9.22,9.2.3,9.2.4, 9.3.1,9.42, 11.3.1 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, 99.2.4,9.18,9 20.1 11,9.22.3.3,9.23.5.1,9.23.6.7, 9.23.7,9.23.8,9.24.2.6,9.24.3,9.25,9.26, 10.1, 9.24.3.3, 11.1.1, 11.3.5, 11.3.7, 13.1.6 11.3.7, 12.4, 13.1.2, 13.2.1 Contractor's Representations Damages for Delay 9.2.1,9.2.2,9.5,9.12.6,9.20.2.2,9.22.2.1,9.23.3.3, DatOe of Commencement of he Work 9.24.3.2 10.1.4 8.6 Contractor's Responsibility for Those Performing he Work g Date of Substantial Completion,Definition of 9.3.4,9.18,9.19.3, 9.20.1.3,9.20.2,9.23.5.1,9.24.2.8 Day,Definition of Contractor's Review of Contract Documents 9.2 9.22.1.3 Contractor's Right to Stop the Work Decisions of the Engineer 9.23.7 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, Contractor's Right to Terminate the Contract 13.1.6 9.26.4.4,9.26.5.2, 10.1.6, 12.4.2, 13.1, 13.2 Contractor's Submittals Decisions to Withhold Certification 9.23.4.1,9.23.5,9.23.7 9.10, 9.11,9.12.4,9.19.2.1, 9.19.2.3,9.23.2, 9,23.3, Defective or Nonconforming Work,Acceptance, 9.23.8.1,9.26.5.2, 10.1.4, 10.1.5, 10.2.2, 10.2.3, l 1.1.3, 11.4.2 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, Contractor's Superintendent 9.25.2.1,9.25.2.6,9.25.2.7,9.26.4.2, 10.1.4, 10.2.4 9.9, 9.24.2.6 Defective Work,Definition of Contractor's Supervision and Construction Procedures 9.5 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, Definitions 9.26.5.2, 13.1.3 1.3,2.1.1,3.1,1,4.1.1,9.5,9.12.1,9.12.2,9.12.3, 9.19.1,9.20.1.2,9.21.2.1, 9.21.3.1,9.22.1, 9.23.1, Contractual Liability Insurance 11.1.1.8, 11.2 10.1.2, 13.1,1, Coordination Delays and Extensions of Time 9.2, 9.7.4,9.19.2.3, 9.2 1.2.1,9.21.3.1, 9.21.4, 9.22.3, 1.6, 9.3.1,9.10, 9.12.6, 9.20.1.3, 9.20.2.1 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 by The American Institute of Architects.All rights reserved.WARNING:This AIA'Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at / 16:57:49 on 05/28/2013 under Order No.9337327172 1 which expires on 05/23/2014,and is not for resale. 5 User Notes: — (728126802) DETAILED DESIGN PHASE Implementation Documents,The 7 1.3.10 Disputes IMPLEMENTATION DOCUMENTS PHASE 9.20.3,9.21.3.9, 13.1, 13.2 8 Documents and Samples at the Site Indemnification 9.11 9.17,9.18,9.24.3,9.24.3.5,9.24.3.6, 10.2.2, 11.3.1.2, Drawings,Definition of 11.3.7 1.3.3 Information and Services Required of the Owner Drawings and Specifications,Use and Ownership of 2.1.5,2.2,4.2.6,9.2.2,9.12.4,9.20.1.3,9.20.1.4, 9.11 9.20.2.5,9.23.6.1,9.23.6.4,9.23.8.2,9.24.3.3, 10.2.3, Effective Date of Insurance 11.2, 11.4, 12.4.1, 12.4.2, 13.1.3 9.22.2.2, 11.1.2 Initial Decision Emergencies 13.2 9.24.4, 13.1.4 Initial Decision Maker,Definition of Employees,Contractor's 1.3.12 9.3.4,9.4.3,9.8.1,9.9,9.18.2,9.24.2,9.24.3.3, Initial Decision Maker,Decisions 9.26.4.1,9.26.4.2, 11.1.1, 11.3.7 13.2.1, 13.2.2, 13.2.3, 13.2.4, 13.2.5 Equipment,Labor,Materials or Initial Decision Maker,Extent of Authority 1.3.1, 1.3.4,9.4,9.5,9.8.2,9.8.3,9.12,9.13,9.15.1, 13.1.3, 13.2.1, 13.2.2, 13.2.3, 13.2.4, 13.2.5 9.19.2.1,9.20.2.1,9.21.3.7,9.23.3.2,9.23.3.3, Initial Information 9.23.5.1.3,9.24.2.1,9.24.2.4,9.26.4.2,9.26.5.2, 1.2 10.2.2 Injury or Damage to Person or Property Evaluations of the Work 9.24.2.8,9.24.4 9.26.4 Inspections Execution and Progress of the Work 9.1.2,9.3.5,9.7.1,9.23.4.2,9.23.8.2, 9.25.2.1, 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, 9.26.4.1,9.26.4.2, 10.1.1, 10.1.5, 10.2.1, 12.4 9.10.1,9.12,9.14,9.20.2.2,9.21.1.3,9.21.3.5,9.22.2, Instructions to the Contractor 9.23.5.1,9.23.8.1,9.24.2,9.24.3,9.25.2,9.26, 13.1.3 9.2.4,9.3.1,9.8.1,9.19.2.1,9.21,9.22.2.2,9.25, .. Extensions of Time 12.4.2 9.2.4,9.7.4,9.19.2.3,9.21.2.1,9.21.3, 9.21.4, Instruments of Service,Definition of 9.23.5.1,9.23.7,9.24.3.2,9.24.4, 13.1.5, 13.2.5 1.3.6 Failure of Payment Insurance 9.23.5.1.3,9.23.7, 10.2.2, 12.5 9.8.4,9.18.1,9.20.1.1,9.21.3.7,9.23.3.2, 9.23.8.1, Faulty Work 10.2.2, 11 (See Defective or Nonconforming Work) Insurance,Boiler and Machinery Final Completion and Final Payment 11.3.2 9.25.3,9.26.1, 10.1.1, 10.1.4,10.2, 11.1.2, 11.1.3, Insurance,Contractor's Liability 11.3.1, 11.3.5 11.1 Financial Arrangements,Owner's Insurance,Effective Date of 2.2.2, 12.1.2 9.22.2.2, 11.1.2 Fire and Extended Coverage Insurance Insurance,Loss of Use 11.3.1.1 11.3.3 General Consultation Responsibilities(of Insurance,Owner's Liability Contractor) 11.2 4.2 Insurance,Property GENERAL PROVISIONS 9.24.2.5, 11.3 1 Insurance, Stored Materials Guaranteed Maximum Price,The 9.23.3.2, 11.4.1.4 1.3.7 INSURANCE AND BONDS Guaranteed Maximum Price Documents,The 11 1.3.8, 1.49 9.19.3 Insurance Companies,Consent to Partial Occupancy Guarantees(See Warranty) 9.23.8.1, 11.4.1.5 Hazardous Materials Insurance Companies, Settlement with 9.24.2.4,9.24.3 11.4.10 Identification of Subcontractors and Suppliers Integrated Project Delivery 9.19.2.1 1.3.13 AIA Document A2951"—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.Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in 6 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05128/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. (728126802) User Notes: Intent of the Contract Documents Minor Changes in the Work 1.4.1,9.21.4,9.26.5.2,9.26.4.4 1.3.8,9.12.8,9.21.1,9.21.4 Interest MISCELLANEOUS PROVISIONS 12.5 12 Interpretation Modifications,Definition of 1.4.3,1.4.5,3.1.1,9.19.1,9.20.1.2, 13.1.1 1.3.8 Interpretations, Written Modifications to the Contract 9.26.4.3,9.26.4.4, 13.1.4 1.3.8, 1.3.9,3.1.2,9.11,9.19.2.3,9.21,9.22.3.1, Judgment on Final Award 9.23.7,9.24.3.2,9.26.1, 11.3.1 13.4.2 Mutual Responsibility Labor and Materials,Equipment 9.20.2 1.3.1, 1.3.4,9.1.2,9.4,9.5,9.8.3,9.12,9.15.1, Nonconforming Work,Acceptance of 9.19.2.1,9.20.2.1,9.21.3.7,9.23.3.2, 9.23.3.3, 9.23.6.6,9.23.8.3,9.25.3 9.23.5.1.3,9.24.2.1,9.24.2.4,9.26.4.2,9.26.5.2, Nonconforming Work,Rejection and Correction of 10.1.4, 10.2.2 9.5, 9.20.2.4,9.23.5.1,9.23.8.3,9.25.2.1, 9.25.2.6, Labor Disputes 9.25.2.7,9.26.4.2, 10.1.4, 10.2.4 9.22.3.1 Notice Laws and Regulations 2.2.2,9.2.4,9.3.1,9.7.2,9.12.9,9.19.2.1, 9.23.7, 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, 9.24.2.2,9.25.2.2.1,9.25.2.6,9.25.2.7, 10.2, 11.1.3, 9.7,9.13,9.23.6.4, 9.23.8.1,9.24.2.2, 11.1.1, 11.3, 11.4.6, 12.2, 12.4.1, 12.4.2, 13.2.8, 13.4.1 12.3, 12.4.1, 12.4.2, 12.5, 13.2.8, 13.4 Notice,Written Liens 4.2.6,9.3.1,9.9.2,9.12.9,9.19.2.1,9.23.7,9.24.2.2, 2.1.5,9.23.3.3, 10.2.2, 10.2.4, 13.2.8 9.24.3,9.25.2.2.1,9.25.2.6,9.25.2.7, 10.2, 11.1.3, Limitations,Statutes of 11.3.6, 12.2, 13.2.8, 13.4.1 9.25.2.5, 12.6, 13.4.1.1 Notice of Claims Limitations of Liability 9.7.4,9.24.2.8, 13.1.2, 13.4 4.2.6,9.2.2,9.5,9.17,9.18.1,9.20.2.2,9.23.4.2, Notice of Testing and Inspections 9.23.6.4,9.23.6.7,9.24.2.5,9.24.3.3, 9.25.2.5, 12.4.1, 12.4.2 9.25.2.6,9.26.4.2,9.26.4.4,9.26.5.2, 11.1.2, 11.2, Observations,Contractor's 11.3.7, 12.3.2 9.2, 9.7.4 Limitations of Time Occupancy 2.1.5,2.2,9.2.2,9.10,9.11,9.12.5,9.15.1,9.19.2, 2.2.4,9.23.6.6, 10.1, 11.3.1.5 9.19.3,9.19.4.1,9.20.2.4,9.21.3,9.21.4,9.22.2, Orders,Written 9.23.2,9.23.3.1,9.23.3.3,9.23.4.1,9.23.5,9.23.6, 1.3.8,7,9.9.2,9.22.2.2,9.25.1,9.25.2.2.1,9.25.2.6, 9.23.7,9.23.8,9.25.2,9.25.2.7,9.26.5.2, 10.1, 10.2, 11.3.9, 12.4.2 11.1.3, 11.3.1.5, 11.3.6, 11.3.10, 12.4, 12.6 OWNER Loss of Use Insurance 2 11.3.3 Owner,Definition of Material Suppliers 2.1.1 1.5,9.12.1,9.19.2.1,9.23.3,9.23.4.2,9.23.6,9.26.4.2, Owner,Information and Services Required of the 10.2.5 2.1.5,2.2,4.2.6,9.2.2,9.20.1.3,9.20.1.4,9.20.2.5, Materials,Hazardous 9.23.3.2,9.23.6.1,9.23.6.4,9.23.8.2, 9.24.3.3, 10.2.3, 9.24.2.4,9.24.3 11.2, 11.3, 12.4.1, 12.4.2, 13.1.3 Materials,Labor,Equipment and Owner's Authority 1.3.1, 1.3.4, 1.5,9.4.1,9.5,9.8.3,9.12,9.13, 9.15.1, 1.5,2.1.1,3.1.2,3.1.3,4.2.6,9.4.2,9.8.1, 9.14.2, 9.19.2.1,9.20.2.1,9.21.3.7,9.23.3.2, 9.23.3.3, 9.19.2.1,9.19.2.4,9.19.4,9.20.1,9.20.3,9.21.2.1, 9.23.5.1.3,9.24.2.1.2,9.24.2.4,9.26.4.2,9.26.5.2, 9.21.3.1,9.22.2.2, 9.22.3.1, 9.23.3.1, 9.23.3.2, 10.1.4, 10.2.2 9.23.5.1,9.23.6.4,9.23.8.1,9.24.3.2,9.25.2.2, Means,Methods,Techniques, Sequences and 9.25.2.6,9.25.2.7,9.25.3, 10.1.1, 10.2.2, 11.1.3, Procedures of Construction 11.3.3, 11.3.10, 12.1.2, 13.2.7 4.2.6,9.3.1,9.23.4.2,9.26.2,9.26.5.2, Owner's Budget for the Work Mechanic's Lien 1.3.11 2.1.5, 13.2.8 Owner's Financial Capability Mediation 2.2.2, 12.1.2 9.22.3.1,9.24.3.5,9.24.3.6, 13.2.1, 13.2.5, 13.2.6, Owner's Liability Insurance 13.3, 13.4.1 11.2 Init. AIA Document A2951m—2008.Copyright m 2008 by The American Institute of Architects.All rights reserved.WARNING:This AIA"Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AW' Document,or any portion of it,may result in 7 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at / 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) Owner's Loss of Use Insurance Project,Definition of the 11.3.3 1.3.2 Owner's Relationship with Subcontractors Project Completion 1.3.9,9.19.2,9.19.3,9.19.4,9.23.6.4, 10.2.2 10.1 Owner's Right to Carry Out the Work Property Insurance 9.25.2.7 9.24.2.5,11.3 Owner's Right to Clean Up PROTECTION OF PERSONS AND PROPERTY 9.20.3 9.24 Owner's Right to Perform Construction and to Purpose Award Separate Contracts 1.1 9.20.1 Regulations and Laws Owner's Right to Stop the Work 1.5,3.1.1,4.2.65 9.1.2,9.2.3,9.6,9.7,9.23.6.4, 9.25.2.6 9.23.8.1,9.24.2.2, 11.1, 11.4, 12.3, 12.4.1, 12.4.2, Partial Occupancy or Use 12.5, 13.2.8, 13.4 9.23.6.6,9.23.8, 11.3.1.5 Rejection of Work Patching,Cutting and 9.5,9.25.2.15 9.26.4.2 9.14,9.20.2.5 Releases and Waivers of Liens Patents 10.2.2 9.17 Representations Payment,Applications for 9.2.1,9.5,9.12.65 9.20.2.25 9.22.2.1,9.23.3.3, 9.21.3.7,9.23.2,9.23.3,9.23.4,9.23.5,9.23.6.3, 9.23.4.2,9.23.5.1, 10.1.4, 10.2.1 9.23.7, 10.1.9, 10.2.1 Representatives Payment,Certificates for 2.1.15 3.1.1,4.1.1,9.9,9.19.1.1,9.19.1.2, 9.26.1, 9.23.3.3,9.23.4,9.23.5,9.23.6.1,9.23.6.6,9.23.7, 9.26.2,9.26.4.1, 12.1.1 10.1.1, 10.2.1, 10.2.3, 12.6 Responsibility for Those Performing the Work Payment,Failure of 9.3.4,9.18,9.19.3,9.20.1.3,9.20.2,9.20.3,9.23.5.1, 9.23.5.1.3,9.23.7, 10.2.2, 12.5 9.24,9.26.4.1 Payment,Final Retainage 9.25.3,9.26.1, 10.1.1, 10.1.4, 10.2, 11.1.2, 11.1.3, 9.23.3.1,9.23.6.25 9.23.8.1, 10.1.9, 10.2.2, 10.2.3 11.4.1, 11.4.5, 12.6 Review of GMP Documents and Field Conditions Payment Bond,Performance Bond and by Contractor 9.21.3.7.4,9.23.6.7, 10.2.3, 11.4, 11.4.9 9.2,9.12.7,9.20.1.3 IPAYMENTS Review of Contractor's Submittals by Owner and 9.23 Engineer Payments,Progress 9.10.1,9.10.2,9.11,9.12,9.19.2,9.20.1.3,9.23.2, 9.23.3,9.23.6, 10.1.9, 10.2.3, 12.5, 13.1.3 9.26, 10.1.4 Payments to Subcontractors Review of Shop Drawings,Product Data and Samples 9.19.4.2,9.23.5.1.3,9.23.6.2,9.23.6.3,9.23.6.4, by Contractor 9.23.6.7, 11.4.8 9.12 PCB Rights and Remedies 9.24.3.1 1.9.99 8.3,9.5,9.7.4,9.15.2,9.19.3,9.19.4,9.20.1, Performance Bond and Payment Bond 9.20.3,9.21.3.1,9.23.5.1,9.23.7,9.24.2.5,9.24.3, 9.21.3.7.4,9.23.6.7, 10.2.3, 11.4.9, 11.4 9.25.2.2,9.25.2.4,9.25.2.6,9.25.2.7,9.26.4.29 12.3, Permits,Fees,Notices and Compliance with Laws 13.4 2.2.2,3.135 9.7,9.21.3.7.49 9.24.2.2 Royalties,Patents and Copyrights PERSONS AND PROPERTY,PROTECTION OF 9.17 9.14 Rules and Notices for Arbitration Polychlorinated Biphenyl 13.4.1 9.24.3.1 Safety of Persons and Property Product Data,Definition of 9.24.2,9.24.4 9.12.2 Safety Precautions and Programs Product Data and Samples,Shop Drawings 9.3.1,9.19.3,9.24.1,9.24.2,9.24.4,9.26.2,9.26.5.2 9.115 9.12,9.26.5.2 Samples,Definition of Progress and Completion 9.12.3 9.22.2,9.23.8.1,9.26.4.1, 10.1, 13.1.3 Samples,Shop Drawings,Product Data and Progress Payments 9.11,9.12,9.26.5.2 9.23.3,9.23.6, 10.1.95 10.2.3, 12.5, 13.1.3 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.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in 8 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. (728126802) User Notes: Samples at the Site, Documents and Substitution of Subcontractors 9.11 9.19.2.3,9.19.2.4 Schedule of Values Substitution of Engineer 9.23.2,9.23.3.1 3.1.3 Schedules, Construction Substitutions of Materials 9.10,9.12.1,9.12.2, 9.20.1.3, 13.1.5.2 9.4.2,9.5,9.21.3.8 Separate Contracts and Contractors Sub-subcontractor, Definition of 1.3.2,6,9.12.5,9.14.2, 9.223.1,9.25.1.2,9.26.5.2, 9.19.1.2 11.4,7 Subsurface Conditions Shop Drawings,Definition of 9.7.4 9.12.1 Successors and Assigns Shop Drawings,Product Data and Samples 12.1 9.11,9.12,9.26.5.2 Superintendent Site,Use of 9.9,9.24.2.6 9.13,9.20.1.1,9.20.2.1 Supervision and Construction Procedures Site Inspections 1.4.2,4.2.6,9.3,9.4,9.20.1.3,9.20.2.4,9.21.1.3, 9.2.2,9.3.5,9.7.1,9.7.4,9.23.4.2, 9.26, 10.2.1, 12.4 9.21.3.7,9.22.2,9.22.3.1,9.23.4.2,9.24,9.25,9.26.2, Site Visits,Engineer's 9.26.5.2, 13.1.3 9.7.4,9.23.4.2,9.23.5.1,9.23.8.2, 9.26.4.1, 10.1.1, Surety 10.2.1, 12.4 9.19.4.1.2, 10.1.9, 10.2.2, 10.2.3, 13.2.7 Software and Data Exchange Protocols Surety, Consent of 1.5.2 10.2.2, 10.2.3 Special Inspections and Testing Surveys 9.25.2.1,9.26.4.2, 12.4 2.2.5 Specifications,Definition of the Suspension of the Work 1.3.4 9.19.4.2 Specifications,The Suspension or Termination of the Contract 1.3.4, 1.3.8, 1.4.2, 1.5,4.2.6,9.11,9.17,9.26.5.4 9.19.4.1.1, 11.4.9 Statute of Limitations Taxes 12.6, 13.4.1.1 9.6,9.21.3.7.4, 10.1.4.1 Stopping the Work Termination, Owner-Contractor 9.23.7,9.24.3,9.25.2.6 9.19.4.1.1, 13.1.6 Stored Materials Termination of the Engineer 9.20.2.1,9.23.3.2,9.24.2.1.2,9.24.2.4, 11.4.1.4 3.1.3 Subcontractor,Definition of Tests and Inspections 9.19.1.1 9.1.2,9.3.5,9.23.4.2,9.23.8.2,9.24.3.2,9.25.2.1, SUBCONTRACTORS 9.26.4.1,9.26.4.2, 10.1.1, 10.1.5, 10.2.1, 11.4.1.1, 9.19 12.4 Subcontractors, Work by TIME 1.4.29 9.3.4,9.12.1,9.19.2.3,9.19.3,9.19.4, 9,22 9.23.3.1.2,9.23.6.7, 9.26.4.1 Time,Delays and Extensions of Subcontractual Relations 7.2.1,9.2.4,9.7.4,9.19.2.3,9.21.3.1, 9.21.4,9.22.3, 9.19.3,9.19.4,9.23.3.1.2,9.23.6,9.24.2.1, 10.2, 9.23.5.1,9.23.7,9.24.3.2,9.24.4, 13.1.5, 13.2.5 11.4.7, 11.4.8 Time Limits Submittals 2.1.5,2.2,9.2.2,9.10,9.11,9.12.5,9.15.1,9.19.2, 9.10, 9.11,9.12,9.19.2.1,9.19.2.3,9.21.3.7, 9.23.2, 9.19.3,9.19.4,9.20.2.4,9.21.3,9.21.4,9.22.2,9.23.2, 9.23.3,9.23.8.1,9.26.5, 10.1, 10.2.2, 10.2.3, 11.1.3 9.23.3.1,9.23.3.3,9.23.4.1,9.23.5,9.23.6,9.23.7, Submittal Schedule 9.23.8,9.25.2,9.26, 10.1, 10.2, 11.1.3, 11.4.1.5, 9.10.2,9.12.5,9.26.5.2 11.4.6, 11.4.10, 12.4, 12.6, 13.1.2, 13.4 Subrogation,Waivers of Time Limits on Claims 9.20.1.1, 11.3.79 11.4.5 9.7.4,9.24.2.8, 12.6, 13.1.2 Substantial Completion Title to Work 9.22.1.1,9.22.1.2,9.22.2.3,9.23.4.2, 9.23.8.1,9.25.2, 9.23.3.2,9.23.3.3 10.1, 10.2.3, 12.6 Transmission of Data in Digital Form Substantial Completion,Definition of 1.5.2 10.1.2 UNCOVERING AND CORRECTION OF WORK 9.25 Init. AIA Document A295TO—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 reproduction or distribution of this AIA`" Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 9 / 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) 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 Prices Warranty 9.21.3.3.2,9.21.3.4 9.5,9.23.3.3,9.23.8.1,9.25.2.2, 10.1.1, 10.1.6, 10.2.4, Use of Drawings,Specifications and Other 12.6.1 Instruments of Service Weather Delays 1.3.4, 1.3.6, 1.3.8, 1.5,9.2.2,9.11,9.17,9.19.3, 13.1.5.2 9.26.4.4 Work,Definition of Use of Site 1.3.1 9.1.3,9.20.1.1,9.20.2.1 Written Consent Values,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 Engineer 13.4.4.2 12.3.2 Written Interpretations Waiver of Claims by the Contractor 9.26.4.3,9.26.4.4 10.2.5, 11.4.7, 12.3.2, 13.1.6 Written Notice Waiver of Claims by the Owner 4.2.6,9.3.1,9.9,9.12.9,9.19.2.1,9.22.2.2,9.23.7, 9.23.8.3,9.25.2.2.1, 10.2.3, 10.2.4, 11.4.3, 11.4.5, 9.24.2.2,9.24.3,9.25.2.2,9.25.2.4,9.25.2.6,9.25.2.7, 11.4.7, 12.3.2, 13.1.6 10.2, 11.1.3, 11.4.6, 12.2, 13.4.1 Waiver of Consequential Damages Written Orders 13.1.6 1.3.8,9.9,9.21,9.22.2.2,9.25.1,9.25.2,9.25.2.6, 11.4.9, 12.4.2, 13.1.2 AIA Document A29511—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.Unauthorized reproduction or distribution of this AIA"D Document,or any portion of it,may result in 10 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. (728126802) User Notes: ARTICLE 1 GENERAL PROVISIONS § 1.1 PURPOSE The Owner,Engineer and Contractor have agreed to plan,design,and construct 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 Engineer and Contractor will deliver the Project in the following phases,which may overlap:Detailed Design,Implementation Documents, Construction and Closeout. § 1.1 INITIAL INFORMATION The Owner,Engineer and Contractor may rely on the Initial Information.Each,however,recognizes that such information may materially change and,in that event,the parties shall agree upon appropriate adjustments to the Engineer's and Contractor's services and compensation,and the schedule.The Initial Information is as follows: § 1.2.1 The Owner's program for the Project: Galena Plaza: The base scope of the Project will consist of the following elements: .1 Parking Garage roof restoration design including removal of all surface elements, removal of existing waterproof membrane, repair to concrete surfaces and penetrations. The placement of a new waterproof membrane system. .2 The design of a Green Roof System that maximizes the life of the parking garage and compliments the new plaza design. .3 Expansion of the Plaza deck approximately 25'to the north. .4 Integration of a potential Pitkin County Library Expansion onto the Garage Roof. .5 The redesign of the North Galena and Library Alley to provide for up graded utilities,enhanced Stormwater Management and Water Quality and to create an appealing pedestrian environment. 6 The integration of a future expansion of the Parking Garage Office Structure and development of the future Welcome Park. § 1.2.2 The Project's physical characteristics: (Paragraph deleted) See Galena Plaza Criteria Design,including Site Plan,prepared by City of Aspen Parks,Asset&Engineering Departments. § 1.2.3 The Owner's Budget for the (Paragraphs deleted) Integrated Project Delivery design efforts is$ for the Detailed Design and Implementation Documents phases, and Construction and Closeout phases.The budget for Construction will be established based on the GMP Bid that is expected to be developed and delivered by the Contractor at Risk with the help of the IPD team as described herein. § 1.2.4 The Owner's anticipated design and construction schedule,or as mutually agreed upon: .1 Galena Plaza: Detailed Design Phase: 50 percent TBD Detailed Design Phase: 100 percent TBD SPA: TBD GMP Bid Due: TBD Implementation Documents: TBD Construction Start: TBD Construction Completion: TBD Init. AIA Document A29511—2008.Copyright 02008 by The American Institute of Architects.All rights reserved.WARNING:This AIA'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in 11 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at / 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) .2 Street and Alley Utilities: Implementation Documents: TBD Constriction Start—Plaza: TBD Construction Completion: TBD .3 Substantial Completion date or milestone dates: TBD .4 Other: Final Completion TBD § 1.2.5 The Owner's requirements for accelerated or fast-track scheduling,or phased construction are set forth below: (Paragraphs deleted) TBD § 1.2.6 Other Project information: Aspen Fire Protection District Aspen—Pitkin Efficient Building Program Department of Energy Building America Standards(most current version) Aspen Engineering Department Construction Management Plan City of Aspen Urban Runoff Management Plan § 1.2.7 The Owner identifies the following representative in accordance with Section 2.1.1: Project Manager:John Laatsch City of Aspen 130 South Galena Street Aspen,Colorado § 1.2.8 The Owner will retain the following Engineer as the primary design professional and Project Engineer who,in addition to the Owner's representative, are required to review submittals to the Owner as follows: Engineer: S. A.MIRO,Inc. Project Engineer 610 Main St.,Suite 11 P.O.Box 2243 Frisco,CO 80443 Direct Line: 720.407.1007 Frisco Phone: 970.668.0747 Fax:720.407.1618 §1.2.9 The Owner will retain the following consultants and Contractors: (Paragraph deleted) .1 Geotechnical Engineer: TBD .2 Other,if any: Commissioning Agent N/A 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.Unauthorized reproduction or distribution of this AIA`" Document,or any portion of it,may result in 12 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at t 16:57:49 on 05/2812013 under Order No.9337327172_1 which expires on 05123/2014,and is not for resale. (728126802) User Notes: .3 Other: Material Testing Firm TBD .4 Other: Parking Garage Consultant Desman Associates Arch itects-En gin eers-Pl arm ers Hoshi Engineer,P.E., S.E. 7900 East Union Avenue Suite 925 Denver Colorado 80237 303.740.1700 § 1.2.10 The Engineer identifies the following representative in accordance with Section 3.1.1: Colin Dinsmore,P.E. S.A.MIRO, Inc. § 1.2.11 The Engineer will retain the following consultants: .1 Structural Engineer: S. A.MIRO,Inc. Colin Dinsmore,P.E. 610 Main St.,Suite 11 P.O.Box 2243 Frisco,CO 80443 Frisco Phone: 970.668.0747 .2 Mechanical Engineer: Cator,Ruma&Associates,Co Mechanical and Electrical Engineers Jacqueline H.Rudko,RE 896 Tabor Street Lakewood,Colorado 80401 303 232-6200 .3 Electrical Engineer: Cator,Ruma&Associates, Co Mechanical and Electrical Engineers Jacqueline H. Rudko,RE 896 Tabor Street Lakewood,Colorado 80401303 232-6200 .4 Other: Civil Engineer S. A.MIRO, Inc. Colin Dinsmore,P.E. 610 Main St., Suite 11 P.O.Box 2243 Frisco,CO 80443 Frisco Phone: 970.668.0747 .5 Other: Land Planner Init. 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 reproduction or distribution of this AIA" Document,or any portion of it,may result in 13 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at / 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) City of Aspen .6 Other: Landscape Architect StudiolNSITE Landscape Architecture Jim Leggitt,FAIA Principal 3457 Ringsby Court,Unit 223 Denver,Colorado 80216 303-433-7100 .7 Other: Acoustical Consultant D.L.Adams Associates, Inc. Acoustic Consultant Jeff Kwolkowski,P.E. Acoustical Engineer 1701 Boulder Street Denver,Colorado 80211 303 455-1900 .8 Other: Waterproofing Consultant Desman Associates Arch itects-Engineers-PI anner s Hoshi Engineer,P.E.,S.E. 7900 East Union Avenue Suite 925 Denver Colorado 80237 303.740.1700 .9 Other: Green Roof Consultant: StudioINSITE Landscape Architecture Jim Leggitt, FAIA Principal 3457 Ringsby Court,Unit 223 Denver,Colorado 80216 303-433-7100 .10 Traffic Engineer: Felsburg Holt&Ullevig Traffic Engineering Jeffrey M.Ream,P.E. Traffic Engineer 6300 Syracuse Way, Suite 600 Centennial,Colorado 80111 303 721-1440 .I1 Architect: Studio B Architects Gilbert Sanchez 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.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in 14 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05123/2014,and is not for resale. (728126802) User Notes: 501 Rio Grande Place,Unit 104 Aspen,Colorado 81611 970 920-9428 § 1.2.12 The Contractor identifies the following representative in accordance with Section 4.1.1: Rob Taylor Rider Levett Bucknall 1675 Larimer Street,Suite 470 Denver,CO 80202 § 1.2.13 The Contractor will retain the following consultants and Subcontractors to assist the Contractor in its performance of the Pre-GMP Services: None § 1.2.14 Other Initial Information: TBD § 1.3 BASIC DEFINITIONS § 1.3.1 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 Contractor's obligations. § 1.3.2 THE PROJECT The Project consists of the whole of the Engineer'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. § 1.33 THE DRAWINGS The Drawings are 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. § 1.3.4 THE SPECIFICATIONS 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. § 1.3.5 BUILDING INFORMATION MODEL The Building Information Model(Model(s)), is a digital representation of the physical and functional characteristics of the Project.The 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 technology used to create the Model. § 1.3.6 INSTRUMENTS 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 Engineer,the Engineer's consultants,the Contractor, Subcontractors,or Sub-subcontractors under their respective agreements. Instruments of Service may include,without limitation,studies, surveys,Models,sketches,drawings,specifications,and other similar materials. § 1.3.7 Intentionally Omitted. § 1.3.8 THE 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 of the Contract(Conditions 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.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA` Document,or any portion of it,may result in 15 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at / 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) of the Contract),Drawings,Specifications,and Modifications issued after execution of the Contract.A Modification is (1)a written amendment to the Contract signed by both parties,(2)a Change Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by the Engineer. § 1.3.9 THE CONTRACT The GMP Documents comprise the Contract for Integrated 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 oral.The Contract may be amended or modified only by a Modification.The GMP Documents shall not be construed to create a contractual relationship of any kind(1)between the Contractor and the Engineer or the Engineer's consultants,(2)between the Owner and a Subcontractor or a Sub-subcontractor,(3) between the Owner and the Engineer or the Engineer's consultants or(4)between any persons or entities other than the Owner and the Contractor. § 1.3.10 THE IMPLEMENTATION DOCUMENTS The Implementation Documents consist of the Engineer and Contractor's further development of the GMP Documents as necessary to construct the Project. § 1.3.11 OWNER'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 Engineer and includes contractors' general conditions costs,overhead and profit.The Owner's Budget for the Work does not include the compensation of the Engineer,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. § 1.3.12 INITIAL DECISION MAKER The Initial Decision Maker is the Engineer,who will render initial decisions on Claims in accordance with Section 13.2 and certify termination of the Owner-Contractor Agreement under Section 7.2.2 of the Owner-Contractor Agreement,A 195-2008,Standard Form of Agreement Between Owner and Contractor for Integrated Project Delivery. § 1.3.13 INTEGRATED 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 to reduce waste and optimize efficiency through all phases of design,fabrication and construction. § 1.4 Intentionally Omitted (Paragraphs deleted) § 1.5 USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE The Engineer,Engineer's consultants,Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized,solely and exclusively for use in completion of the Project,to use and reproduce the Instruments of Service provided to them.All copies made under this authorization shall bear the copyright notice,if any, shown on the Instruments of Service.The Engineer,Engineer'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 this Project without the specific written consent of the Owner and the author of the Instruments of Service. § 1.5.1 The Owner,Engineer 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 the parties mutually agree otherwise,the Engineer shall be responsible for the integration and coordination of the Model throughout the design and construction of the Project. § 1.5.2 SOFTWARE AND DATA EXCHANGE PROTOCOLS The Owner,Engineer 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,Engineer 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 AIA Document A295TM—2008.Copyright©2008 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by [nit. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in 16 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at t 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. (728126802) User Notes: Document E201TM-2007,or a similar document,that shall be incorporated by reference into all agreements for services or construction for the Project. § 1.6 COORDINATION The Owner,Engineer and Contractor shall coordinate the services provided by one another's consultants, subconsultants,contractors and Subcontractors.Upon request,the Owner,Engineer 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 insurance,as appropriate to the services provided. ARTICLE 2 OWNER § 2.1 GENERAL § 2.1.1 The Owner is the person or entity identified as such in this document and is referred to as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization except for the approval of increases in the 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 Engineer's and Contractor's performance with reasonable promptness after receiving the written request for such information or services., § 2.1.3 The Engineer and Contractor shall be entitled to rely on the accuracy and completeness of information furnished by the Owner. I § 2.1.4 The Owner shall provide prompt written notice to the Engineer and Contractor if the Owner becomes aware of any fault or defect in the Project, including errors,omissions or inconsistencies in the Instruments of Service. (Paragraph deleted) § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 The Owner shall provide information regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives,constraints,and criteria, including schedule, space requirements and relationships,flexibility, expandability,special equipment,systems and site requirements. § 2.2.2 Prior to the execution of the Guaranteed Maximum Price Amendment,the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract.Thereafter,the Contractor may only request such evidence if(1)the Owner fails to make payments to the Contractor as the GMP Documents require;(2)a change in the Work materially changes the 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 not materially vary such financial arrangements without prior notice to the Contractor and Engineer. § 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 Init. AIA Document A295TM—2008.Copyright m 2008 by The American Institute of Architects.All rights reserved.WARNING:This AIA"Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may result in 17 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at t 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) significantly increases or decreases the Owner's Budget for the Work,the Owner shall notify the Engineer and Contractor.The Owner,the Engineer and Contractor shall thereafter agree to a corresponding change in the Owner's Budget for the Work or in the Project's scope and quality. § 2.2.4 Except for permits and fees that are the responsibility of the Contractor under the GMP Documents,including those required under Section 9.7.1,the Owner shall secure and pay for necessary approvals,easements,assessments and charges required for construction,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 restrictions,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 furnish services of geotechnical engineers,if necessary and requested in writing,which may include but are not limited to 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 furnish tests, inspections and reports required by law and as otherwise agreed to by the parties,such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. § 2.2.8 The Owner shall furnish all legal,insurance and accounting services, including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 2.2.9 Intentionally omitted. § 2.2.10 The Owner shall furnish the services of a Material Testing Firm,who will provide inspections and material testing reports during the construction phase. ARTICLE 3 ENGINEER § 3.1 GENERAL § 3.1.1 The Engineer is the person or entity identified as such in this document and is referred to as if singular in number.The Engineer shall be lawfully licensed to practice engineering or an entity lawfully practicing engineering in the jurisdiction where the Project is located.The Engineer shall designate in writing a representative who shall have express authority to bind the Engineer with respect to all matters related to the Project.The term "Engineer"means the Engineer and the authorized representative. § 3.1.2 Duties,responsibilities and limitations of authority of the Engineer as set forth in this document shall not be restricted,modified or extended without written consent of the Owner,Contractor and Engineer.Consent shall not be unreasonably withheld. § 3.1.3 If the employment of the Engineer is terminated,the Owner shall employ a successor engineer as to whom the Contractor has no reasonable objection and whose status under the GMP Documents shall be that of the Engineer. I § 3.2 ENGINEER'S GENERAL SERVICES § 3.2.1 The Engineer shall assist the Owner in establishing a list of prospective contractors for the Project. § 3.2.2 The Engineer shall manage the Engineer'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 Engineer acknowledges the Contractor does not warrant or guarantee the accuracy of the Contractor's Estimates,as that term is defined in Section 4.2.3,except as may be included in the GMP.The Engineer shall review AIA Document A2951"—2008.Copyright©2008 by The American Institute of Architects.All rights reserved.WARNING:This AIA'Document is protected by [nit. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in 18 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. (728126802) User Notes: the Contractor's Estimates solely for the Engineer's guidance in completion of its services,however,the Engineer shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 3.2.4 The Engineer shall,at appropriate times,contact the governmental authorities required to approve the GMP Documents and the entities providing utility services to the Project. In designing the Project,the Engineer shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.2.5 The Engineer shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project.The Engineer shall generate documents suitable for submission to the necessary governmental authorities. §3.2.6 In performing its services hereunder,the Engineer,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. ARTICLE 4 CONTRACTOR § 4,1 GENERAL § 4.1.1 The Contractor is the person or entity identified as such in this document and is referred to as if singular in number.The Contractor shall be lawfully licensed,if required in the jurisdiction where the Project is located.The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters related to the Project.The term "Contractor"means 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 Engineer has no reasonable objection and whose status under the Documents shall be that of the Contractor. § 4.2 GENERAL CONSULTATION RESPONSIBILITIES § 4.2.1 Throughout the development of the Documents,the Contractor shall advise the Owner and the Engineer 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 the 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,Engineer 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 Engineer and shall include contractors'general conditions costs,overhead and profit(Contractor's Estimate).The Contractor's Estimate shall not include the compensation of the Engineer,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 Engineer progresses with the preparation of the Criteria Design,Detailed Design and Implementation Documents. § 4.2.3.1 In preparing the Contractor's Estimates,the Contractor shall include contingencies for design,procurement, and reasonable price escalation.The Contractor's Estimate shall be based on current area,volume or similar conceptual estimating techniques. § 4.2.4 For each of the 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 Engineer's review and the Owner's acceptance.The Contractor shall advise the Owner and Engineer 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 Engineer,make recommendations for corrective action. AIA Document A295TM—2008.Copyright 02008 by The American Institute of Architects.All rights reserved.WARNING:This AI0 Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in 19 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at / 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) § 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 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 the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means,methods,techniques,sequences and procedures.The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems,materials or equipment are specifically required of the Contractor by the GMP Documents,the Engineer will specify all performance and design criteria that such services must satisfy.The Contractor shall cause such services or certifications to be provided by a properly licensed design professional,whose signature and seal shall appear on all drawings,calculations,specifications,certifications, Shop Drawings and other submittals prepared by such professional.Shop Drawings and other submittals related to the Work designed or certified by such professional,if prepared by others,shall bear such professional's written approval when submitted to the Engineer.The Owner and the Engineer 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 Engineer has specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 4.2.6,the Engineer 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 has completed the Conceptualization Phase. (Paragraphs deleted) ARTICLE 6 CRITERIA DESIGN PHASE § 6.1 The Owner has completed the Criteria Design Phase. (Paragraphs deleted) ARTICLE 7 DETAILED DESIGN PHASE § 7.1 Based on 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 Engineer,in consultation with the Owner 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 Engineer shall meet with the Owner and Contractor as appropriate and necessary to the progress of the design to review the Detailed Design Documents. § 7.3 Omitted. § 7.4 Omitted. § 7.4.1 (Paragraphs deleted) Omitted. § 7.4.21f the Owner chooses to proceed under Section 7.4.1.2,the Engineer,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 Engineer 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 Engineer in scope, basic systems,or the kinds and quality of materials,finishes or equipment. AIA Document A295TM—2008.Copyright©2008 byTheAmerican 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'' Document,or any portion of it,may result in 20 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at t 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) § 7.5 At the conclusion of the Detailed Design Phase,the Engineer shall submit Detailed Design Documents consistent with the Owner's Budget for the Work to the Owner.The Owner,Engineer 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 an Estimate proposal for the Owner's review and acceptance. § 7.7 To the extent that the Documents are anticipated to require further development in the Implementation Documents Phase,the Contractor shall provide in the Estimate proposal for such further development consistent with the Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope,systems,kinds and quality of materials,finishes or equipment,all of which,if required,shall be incorporated by Change Order. § 7.8 The Contractor shall include with the Estimate proposal a written statement of its basis,which shall include the following: .1 A complete list of the documents and information used in preparation of the Estimate. .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 Documents and information relied upon in preparation of the Estimate. .4 The proposed Estimate,including a statement of the estimated cost with a level of detail,in a format, and summarized as mutually agreed in advance. The Proposal will be organized by trade categories, allowances,contingencies,the Contractor's Fee,and other items that comprise the Price. § 7.9 The Contractor shall meet with the Owner and Engineer to review the project Estimate.In the event that the Owner and Engineer discover any inconsistencies or inaccuracies in the information presented,they shall promptly notify the Contractor,who shall make appropriate adjustments to the Estimate. § 7.10 Omitted. § 7.10.1 Omitted. § 7.10.2 Omitted. ARTICLE 8 IMPLEMENTATION DOCUMENTS PHASE § 8.1 Based on the Documents and the Estimate,the Engineer and Contractor shall prepare Implementation Documents.The Implementation Documents shall illustrate and describe the further development of the approved 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 the Implementation Documents include complete,sufficient and unambiguous information for completion of the Work. § 8.3 The Contractor shall carefully study and compare the Implementation Documents with each other and with information furnished by the Owner and shall at once report to the Engineer errors, inconsistencies or omissions discovered. § 8.4 The Engineer and the Contractor shall incorporate into the Implementation Documents the design requirements of governmental authorities having jurisdiction over the Project. § 8.5 Pursuant to a schedule the Engineer and Contractor agree to,the Contractor shall provide Shop Drawings and other submittals for the Engineer's review and approval,and incorporation into the Implementation Documents.The review of such submittals shall be made pursuant to Section 9.12. § 8.6 The Owner and the Contractor shall agree,in writing,on the commencement date for construction of the Work. If the Owner and Contractor agree,the Contractor may begin construction of the Work during the Implementation Documents Phase,as appropriate. AIA Document A295TM—2008.Copyright m 2008 by The American Institute of Architects.All rights reserved.WARNING:This AIAa Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may result in 21 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at / 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) § 8.7 At the conclusion of the Implementation Documents Phase,the Owner,Engineer and Contractor shall meet to review the Implementation Documents.Upon the Owner's approval of the Implementation Documents,they shall take priority over the Detailed Design Documents. (Paragraphs deleted) § 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 International 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. (Paragraphs deleted) ARTICLE 9 Intentionally Omitted. (Paragraphs deleted) ARTICLE 10 Intentionally Omitted. (Paragraphs deleted) ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR'S LIABILITY INSURANCE § 11.1.1 The Owner may 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 OCIP is not expected to include any Workers'Compensation insurance coverage or professional liability insurance coverage. The OCIP will not provide any insurance coverage for the Project prior 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 the Contract and for which the Contractor may be legally liable,whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them 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 Contractor'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 below 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 the Contractor's completed operations coverage,until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the GMP Documents,or until the end of the Colorado statute of repose,whichever is longer. § 11.1.3 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 AIA Document A295TM—2008.Copyright m 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.Unauthorized reproduction or distribution of this AIA"' Document,or any portion of it,may result in 22 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at t 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage,including coverage for completed operations,shall be submitted with the final Application for Payment as required by Section 10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of claims paid under the General Aggregate,shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability,excess and automobile coverage required by the Contract Documents to include(1)the Owner,,the Engineer and the Engineer's consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations;and(2) the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. § 11.1.5 Limits of Insurance: .1 Workers'Compensation insurance to cover obligations imposed by applicable Colorado laws for any employee engaged in the performance of work under this contract,and Employers'Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS($500,000.00)for each accident,FIVE HUNDRED THOU- SAND DOLLARS($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 the Owner. .2 Commercial General Liability insurance with minimum limits of TWO MILLION DOLLARS ($2,000,000.00)each occurrence and THREE MILLION DOLLARS($3,000,000.00)aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form 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 insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS($1,000,000.00)each occurrence and ONE MILLION DOLLARS($1,000,000.00)aggregate with respect to each Contractor's owned,hired and non-owned vehicles assigned to or used in performance of the Work. The policy shall contain a severability of interests provision and a waiver of subrogation in favor of the Owner. .4 Excess liability insurance with not less than THREE MILLION DOLLARS($3,000,000.00)each occurrence and THREE MILLION DOLLARS($3,000,000.00)aggregate,excess of the Commercial General Liability and Automobile policies. .5 Contractor's Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000)each claim and ONE MILLION DOLLARS($1,000,000)aggregate. § 11.1.6 Failure to maintain insurance: Failure on the part of the Contractor to procure or maintain policies providing the required coverages,conditions,and minimum limits shall constitute a material breach of contract upon which Owner may immediately terminate this contract,or at its discretion Owner may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith,and all monies so paid by Owner shall be repaid by Contractor to Owner upon demand,or Owner may offset the 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 policy and any endorsement thereto. § 11.1.8 Governmental 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 Act,Section 24-10-101 et seq.,C.R.S.,as from time to time amended,or otherwise available to Owner,its officers, or its employees. §11.1.9 Owner's Insurance:The parties hereto understand that the Owner is a member of the Colorado Intergovern- AIA Document A295TO—2008.Copyright 02008 by The 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"D Document,or any portion of it,may result in 23 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at t 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) mental Risk Sharing Agency(CIRSA)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 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. § 11.2 OWNER'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 companies lawfully authorized to do business in the jurisdiction in which the Project is located,property insurance written on a builder's risk"all-risk"or equivalent policy form in the amount of the initial Contract Sum,plus value of subsequent Contract Modifications,Amendments,and cost of materials supplied or installed by others,comprising total value for 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 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 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 Engineer'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 to such partial occupancy or use by endorsement or otherwise.The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall,without mutual written consent,take no action with respect to partial occupancy or use that would cause cancellation,lapse or reduction of insurance. § 11.3.2 BOILER AND MACHINERY INSURANCE The Contractor shall 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,Contractor, Subcontractors and Sub-subcontractors in the 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 Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy,the Contractor may include such insurance,and the cost thereof shall be submitted to the Owner for a determination regarding incorporating the cost into the GMP. AIA Document A2951"—2008.Copyright(D 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.Unauthorized reproduction or distribution of this AIAq) Document,or any portion of it,may result in 24 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at t 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) § 11.3.5 Before an exposure to loss may occur,the Contractor shall file with the Owner a copy of each policy that includes insurance coverages required by this Section 11.3.Each policy shall contain all generally applicable conditions,definitions,exclusions and endorsements related to this Project.Each policy shall contain a provision that the policy will not be canceled or allowed to expire,and that its limits will not be reduced,until at least 30 days' prior written notice has been given to the Owner. § 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 Engineer,Engineer's consultants, 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 Contractor,as appropriate,shall require of the Engineer,Engineer's consultants,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 subrogation by endorsement or otherwise.A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise,did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest 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 to the Owner for the insureds,as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.3.10.The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor,and by appropriate written agreements,shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. § 11.3.8 The Owner shall deposit in a separate 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 the 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 furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder,each in the amount of the full Contract Sum. Upon acceptance of the Guaranteed Maximum Price by the Owner and execution of the GMP Amendment,such bonds shall be provided in an amount equal to the Guaranteed Maximum Price. Such bonds shall be issued by a surety company licensed in Colorado,with an A.M. Best rating of at least A-,included on the U.S.Treasury Department's listing of approved sureties,and acceptable to 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 furnished. § 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 may be required by the Owner,at the Owner's sole discretion,from subcontractors. If the Owner requests performance and payment bonds from subcontractors,then the Owner will pay such actual,additional expenditures as Cost of the Work. AIA Document A295TM—2008.Copyright®2008 by The American Institute of Architects.All rights reserved.WARNING:This AIAv Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA` Document,or any portion of it,may result in 25 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at / 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) § 11.4.5 The Contractor shall also furnish maintenance bonds as required under the GMP Documents. 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 the other. If either party attempts to make such an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. § 12.1.2 The Owner may,without consent of the Contractor,assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the GMP Documents.The Contractor shall execute all consents reasonably required to facilitate such assignment. § 12.2 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual,to a member of the firm or entity,or to an officer of the corporation for which it was intended;or if delivered at,or sent by registered or certified mail or by courier service providing proof of delivery to,the last business address known to the party giving notice. § 12.3 RIGHTS AND REMEDIES § 12.3.1 Duties and obligations imposed by the GMP Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties,obligations,rights and remedies otherwise imposed or available by law. § 12.3.2 No action or failure to act by the Owner,Engineer 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 the appropriate public authority,and shall bear all related costs of tests,inspections and approvals.The Contractor shall give the Engineer timely notice of when and where tests and inspections are to be made so that the Engineer may be present for such procedures.The Owner shall bear costs of(1)tests,inspections or approvals that do not become requirements until after bids are received or negotiations concluded,and(2)tests,inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 12.4.2 If the Engineer,Owner or public authorities having jurisdiction determine that portions of the Work require additional testing,inspection or approval not included under Section 12.4.1,the Engineer 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 Engineer of when and where tests and inspections are to be made so that the Engineer 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 Engineer'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 Engineer. § 12.4.5 If the Engineer is to observe tests,inspections or approvals required by the GMP Documents,the Engineer will do so promptly and,where practicable,at the normal place of testing. 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.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA'' Document,or any portion of it,may result in 26 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) § 12.4.6 Tests or inspections conducted pursuant to the GMP Documents shall be made promptly to avoid unreasonable delay in the Work. § 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 the Contract. The term "Claim"also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the 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 the Engineer.Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim,whichever is later. § 13.1.2.1 Claims against the Owner shall be in the form of a written notice containing the name and address of the claimant,and the name and address of the attorney, if any; a concise statement of the basis of the claim,including the date,time,place,and circumstance of the act,omission,or event complained of;a concise statement of the nature and extent of the injury claimed to have been suffered; and a statement of the amount of monetary damages that is being requested. § 13.1.3 CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim,except as otherwise agreed in writing or as provided in Section 9.23.7 and Article 7 of the Owner-Contractor Agreement,the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the GMP Documents.The Engineer 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 to an emergency endangering life or property arising under Section 9.24.4. § 13.1.4.1 In no event shall adjustment to the Contract Sum be made for conditions of which the Contractor knew or should have been known, or which would have been noticed by a Contractor of similar experience pursuant to on-site inspection,by conditions referenced in any other inspections or tests concerning the site which have been made available to the Contractor,which have been performed by the Contractor or its subcontractors,or are part of the GMP Documents used in constructing the improvements. § 13.1.5 CLAIMS FOR ADDITIONAL TIME § 13.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time,written notice as provided herein shall be given.The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. Init. AIA Document 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 reproduction or distribution of this AIA' Document,or any portion of it,may result in 27 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) § 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. (Paragraphs deleted) §13.1.5.3 Extensions of the Contract Time for delays due to weather conditions may be made only when such conditions are more severe and extended than those reflected by the ten-year average for the month as evidenced by the Colorado Climate Data maintained by Colorado State University,Fort Collins,Colorado,or other data as mutually agreed between Owner and 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 nearest whole calendar day. The extension of the Contract Time for weather conditions will occur only in the event that the weather in question impacted activities on the critical path of the Contractor's current Construction Schedule. § 13.2 INITIAL DECISION § 13.2.1 Claims arising after the commencement date of the Work,excluding those arising under Sections 9.24.3, 9.24.4,11.3.9,and 11.3.10,shall be referred to the Initial Decision Maker for initial decision.The Engineer will serve as the Initial Decision Maker.Except for those Claims excluded by this Section 13.2.1,an initial decision shall be required as a condition precedent to mediation of any such Claim arising prior to the date final payment is due,unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered.Unless the Initial Decision Maker and all affected parties agree,the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 13.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions:(1)request additional supporting data from the claimant or a response with supporting data from the other party,(2)reject the Claim in whole or in part,(3)approve the Claim,(4)suggest a compromise,or(5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the 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 not be obligated to,consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision.The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. § 13.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data,such party shall respond,within ten days after receipt of such request,and shall either(1)provide a response on the requested supporting data,(2)advise the Initial Decision Maker when the response or supporting data will be 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 that the Initial Decision Maker is unable to resolve the Claim.This initial decision shall(1)be in writing;(2)state the reasons therefor; and(3)notify the parties and the Engineer, if the Engineer is not serving as the Initial Decision Maker,of any change in the Contract Sum or Contract Time or both.The initial decision shall be final and binding on the parties but subject to mediation and,if the parties fail to resolve their dispute through mediation,to binding dispute resolution. § 13.2.6 Either party may file for mediation of an initial decision at any time,subject to the terms of Section 13.2.6.1. § 13.2.6.1 Either party may,within 30 days from the date of an initial decision,demand 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 A295M—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.Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in 28 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at t 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. U (728126802) User Notes: § 13.2.7 In the event of a Claim against the Contractor,the Owner may,but is not obligated to,notify the surety,if any, of the nature and amount of the Claim.If the Claim relates to a possibility of a Contractor's default,the Owner may, but is not obligated to,notify the surety and request the surety's assistance in resolving the controversy. § 13.2.8 If a Claim relates to or is the subject of a mechanic's lien,the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 13.3 MEDIATION AND LITIGATION § 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 the parties mutually agree otherwise,shall be administered by the Judicial Arbiter Group,Denver,Colorado,in accordance with Construction Industry Mediation Procedures in effect on the date of the Owner-Contractor Agreement.A request for mediation shall be made 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 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. (Paragraphs deleted) ARTICLE 14 OWNER'S ADDITIONAL SPECIFIC CONCERNS § 14.1 Notwithstanding the above,the Owner has a unique set of stakeholders with which the Owner must cooperate and coordinate. The Contractor shall cooperate with the Owner and the Owner's stakeholders throughout the Project when requested by the Owner. .1 The Contractor shall participate once per month in a progress meeting with the Owner, including a walk-through of the site. 2. The Owner may request tours from 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 Engineer. ARTICLE 15 Illegal Aliens—CRS 8-17.5-101&24-76.5-101 § 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 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. .2 "Department program"means the employment verification program established pursuant to Section 8-17.5-102(5)(c). .3 "Public Contract for Services" means this Agreement. AIA Document A29STM—2008.Copyright 02008 by The American Institute of Architects.All rights reserved.WARNING:This AIAr'Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA`° Document,or any portion of it,may result in 29 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at t 16:57:49 on 05128/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) .4 "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. § 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 that new employees are not illegal aliens. § 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 employment to perform work under the public contract for services through participation in either the e-verify program or the department program. .4 Contractor shall not use the either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. .5 If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien,Contractor shall: .1 Notify such subcontractor and the Owner within three days that Contractor has 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 Contractor shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. .6 Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102(5),C.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.R.S.the Owner may terminate this Agreement. If this Agreement is so terminated,Contractor shall be liable for actual damages to the Owner arising out of Contractor's violation of Subsection 8-17.5-102,C.R.S. (Paragraph deleted) 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.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AW. Document,or any portion of it,may result in 30 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at t 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) Additions and Deletions Report for AIA®Document A295Tm— 2008 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:57:49 on 05/28/2013. PAGE Galena Plaza Improvements Aspen,Colorado (Name,legal steAtis and address) City of Aspen 130 South Galena Street Aspen,Colorado 81611 THE ARCHITECT;ENGINEER: (Nafne,legal status and S.A.Miro,Inc. 610 Main St.,Suite 11 P.O. Box 2243 Frisco,CO 80443 THE CONTP.ACTOR:CONTRACTOR/CONSULTANT RECONSTRUCTION SERVICES: Rider Levett Bucknall 1675 Larimer Street,Suite 470 Denver,CO 80202 TABLE O ARTiri CeTABLE OF ARTICLES PAGE 2 3 AT€GTENGINEER PAGE 3 Administration of the Contract,Arehiteetis Engineer's ARCH!TECTENGINEER "°mot;Engineer,Definition of Additions and Deletions Report for AIA Document A295TM—2008.Copyright®2008 by The American Institute of Architects.All rights reserved.WARNING: This A10 Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA'Document, 1 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) ^Fehit Eneineer,Extent of Authority ^rehiteet-,-En ing eer,Limitations of Authority and Responsibility ^m ehiteet'sEngineer's Additional Services and Expenses reh6tee Engineer's Administration of the Contract A rehiteet's Engineer's Approvals A fehiteet'TEngineer's Authority to Reject Work A rehiteet's En ing eer's Copyright A r-ehiteets Engineer's Decisions ^hiteet's Engineer's General Services Arehiteet'sEngineer's Inspections A fehiteet's-Engineer's Instructions ^f 's.En ingl eer's Interpretations Are Areh iteer's.En ing eer's Relationship with Contractor ^^ 6hiteet'sEngineer's Relationship with Subcontractors Additions and Deletions Report for AIA Document A29611—2008.Copyright m 2008 by The American Institute of Architects.All rights reserved.WARNING: This AIA"e Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA'v Document, 2 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) A~e" TEn ing eer's Representations Afe;;teeV-s-En ineer's Site Visits PAGE 5 Contractor's Relationship with the ArehiteaEngineer Decisions of the AEngineer PAGE 8 Review of Contractor's Submittals by Owner and Am hite4En ig neer PAGE 9 Site Visits,AFOhitest-sEn ineer's Substitution of ArehiteetEngineer Termination of the Ar-ekheetEn tg'neer PAGE 10 Waiver of Claims by the eetEngineer PAGE 11 The Owner, A mot-Engineer and Contractor have agreed to plan,design,and construct 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 AFOhiteet Engineer-and Contractor will deliver the Project in the following phases,which may overlap: , Detailed Design,Implementation Documents,Construction and Closeout. The Owner,Afehites4-En tg'neer and Contractor may rely on the Initial Information.Each,however,recognizes that such information may materially change and,in that event,the parties shall agree upon appropriate adjustments to the Arehitee -s-En ing eer's and Contractor's services and compensation,and the schedule.The Initial Information is as follows: (Nete the disposition for the following items by inserting the fequested infermation or a statement stieh as"n applleable,° "tmlaiaN"at time of e*eetitivil" eF"to be detefFAined late~f by ffl i4tfal agreemelit (Identif�,doeumentation OF state the manner in Nvhieh the pFegFaHiA,i1I be developed.) Galena Plaza: The base scope of the Project will consist of the following elements: Additions and 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 and International Treaties.Unauthorized reproduction or distribution of this AIA-Document, 3 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) 1 Parking Garage roof restoration design including removal of all surface elements, removal of existing waterproof membrane repair to concrete surfaces and penetrations. The placement of a new waterproof membranes system. 2 The design of a Green Roof System that maximizes the life of the parking garage and compliments the new plaza design. 3 Expansion of the Plaza deck approximately 25'to the north. 4 Integration of potential Pitkin County Library Expansion onto the Garage Roof. 5 The redesign of the North Galena and Library Alley to provide for up graded utilities enhanced Stormwater Management and Water Quality and to create an appealing pedestrian environment. 6 The integration of a future expansion of the Parking Garage Office Structure and development of the future Welcome Park. See Galena Plaza Criteria Design including Site Plan prepared by City ff Aspen Parks Asset&Engineering Departments. § 1.2.3 The Owner's Budget for the ale Inte ated Project Delivery design efforts is for the Detailed Desi n and Implementation Documents phases and Construction and Closeout phases The budget for Construction will be established based on the GMP Bid that is expected to be developed and delivered by the Contractor at Risk with the help of the IPD team as described herein. § 1.2.4 The Owner's anticipated design and construction sehedttle:schedule or as mutually agreed upon: ,1 Design phase milestefte da4es,4feF.-f.Galena Plaza: Detailed Design Phase: 50 percent TBD Detailed Design Phase: 100 percent TBD SPA: TBD GMP Bid Due: TBD Implementation Documents: TBD Construction Start: TBD Construction Completion: TBD .2 r ent of eenstfue P44-Street and Alley Utilities: Implementation Documents: TBD Constriction Start—Plaza: TBD Construction Completion: TBD PAGE 12 TBD .4 Other: Final Completion Additions and Deletions Report for AIA Document A295TM—2008.Copyright©2008 by The American Institute of Architects.All rights reserved.WARNING: This AIA'e Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA` Document. 4 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) TBD § 1.2.5 The Owner's requirements for accelerated or fast-track scheduling,or phased construction are set forth below: (Lis�number and 0-pe TBD Aspen Fire Protection District Aspen—Pitkin Efficient Building Program Department of Energy Building America Standards(most current version Aspen Engineering Department Construction Management Plan City of Aspen Urban Runoff Management Plan (List name,addFeSS and ether ififerma6ap,) Project Manager:John Laatsch City of Aspen 130 South Galena Street Aspen,Colorado § 1.2.8 The pelPSWIS Of efttiti Owner will retain the following Engineer as the primary design professional and Project Engineer who,in addition to the Owner's representative,mare required to review submittals to the Owner aromas follows: Engineer: S. A.MIRO,Inc. Project En ineer 610 Main St.,Suite 11 P.O.Box 2243 Frisco,CO 80443 Direct Line: 720.407.1007 Frisco Phone: 970.668.0747 Fax:720.407.1618 A Geateehnieal Ensineei`.1 Geotechnical Engineer: TBD .2 Other, if any: Commissioning Agent N/A .3 Other: Material Testing Firm TBD .4 Other: Parking Garage Consultant Desman Associates Additions and Deletions Report for AIA Document A295TI—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 reproduction or distribution of this AIAO Document, 5 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) Arch itects-En gineers-P Ian ners Hoshi Engineer,P.E., S.E. 7900 East Union Avenue Other,ifan):Suite925 Denver Colorado 80237 303.740.1700 § 1.2.10 The A hitea-Engineer identifies the following representative in accordance with Section 3.1.1: (List name,address and etheF information. Colin Dinsmore,P.E. S. A.MIRO,Inc. § 1.2.11 The fehiteet-Engineer will retain the following consultants: (List name,legal-JCCSCQj,address and othef ififefmation.� PAGE 13 S.A.MIRO,Inc. Colin Dinsmore,P.E. 610 Main St.,Suite 11 P.O.Box 2243 Frisco,CO 80443 Frisco Phone: 970.668.0747 Cator,Ruma&Associates,Co Mechanical and Electrical Engineers Jacqueline H.Rudko, RE 896 Tabor Street Lakewood,Colorado 80401 303 232-6200 Cator,Ruma&Associates, Co Mechanical and Electrical EriQincers Jacqueline H. Rudko,P.E 896 Tabor Street Lakewood.Colorado 80401303 232-6200 .4 9thef,if anyOther: Civil Enaineer S.A.MIRO,Inc. Colin Dinsmore,P.E. 610 Main St.,Suite 11 P.O.Box 2243 Frisco,CO 80443 Frisco Phone: 970.668.0747 .5 Other: Land Planner City of Aspen .6 Other: Landscape Architect StudiolNSITE Additions and 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 reproduction or distribution of this AIA'Document, 6 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) Landscape Architecture Jim Leggitt,FAIA Principal 3457 Ringsby Court,Unit 223 Denver,Colorado 80216 303-433-7100 .7 Other: Acoustical Consultant D.L. Adams Associates, Inc. Acoustic Consultant Jeff Kwolkowski,P.E. Acoustical En ineer 1701 Boulder Street Denver,Colorado 80211 303 455-1900 .8 Other: Waterproofing Consultant Desman Associates Architects-Engineers-Planners Hoshi Engineer,P.E.,S.E. 7900 East Union Avenue Suite 925 Denver Colorado 80237 303.740.1700 .9 Other: Green Roof Consultant: StudioINSITE Landscape Architecture Jim Leggin,FAIA Principal 3457 Ringsby Court,Unit 223 Denver,Colorado 80216 303-433-7100 .10 Traffic Engineer: Felsburg Holt&Ullevig Traffic Engineering Jeffrey M.Ream,P.E. Traffic Engineer 6300 Syracuse Way, Suite 600 Centennial,Colorado 80111 303 721-1440 .11 Architect: Studio B Architects Gilbert Sanchez 501 Rio Grande Place,Unit 104 Aspen,Colorado 81611 970 920-9428 PAGE 15 Additions and Deletions Report for AIA Document A2951m—2008.Copyright©2008 by The American Institute of Architects.All rights reserved.WARNING: This AW Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAx Document, 7 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) (List name,address and ether inferma4ieri.) Rob Tam Rider Levett Bucknall 1675 Larimer Street, Suite 470 Denver,CO 80202 (List name,address and etheF infefmatien. None TBD The Project consists of the whole of the A- �En ing eer's Services and the Work as that term is defined in Section 1.3.1 above by all of the Owner's Separate Contractors as that term is defined in Section 9.20,and the professional services related thereto. The Drawings are the graphic and pictorial portions of the criteria 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. 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 Afehiteet,the hit et's Engineer,the Engineer's consultants,the Contractor,Subcontractors,or Sub-subcontractors under their respective agreements.Instruments of Service may include,without limitation,studies, surveys, Models,sketches,drawings, specifications,and other similar materials. § 1.3.7TC GUARANTEED MAXIMUM DDIGE :f Irva niv�n � itwc The Gunranteed Maximum-Priee represents aft amount that the Contraet Sum shall not exeeed as agreed to b� the ner and entrneter Intentionally Omitted. The Guaranteed Maximum Price Documents(GMP Documents)consist of the agreement between the Owner and Contractor(Owner-Contractor Agreement),General,Supplementary and other Conditions of the Contract(Conditions of the Contract),Drawings,Specifications,and Modifications issued after execution of the Contract.A Modification is (1)a written amendment to the Contract signed by both parties, (2)a Change Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by the A°�eet-.Engineer. PAGE 16 The GMP Documents comprise the Contract for Integrated 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 oral.The Contract may be amended or modified only by a Modification.The GMP Additions and 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 reproduction or distribution of this AIA' Document, 8 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) Documents shall not be construed to create a contractual relationship of any kind(1)between the Contractor and the Arehitest-Engineer or the A "mot'Engineer's consultants,(2)between the Owner and a Subcontractor or a Sub-subcontractor,(3)between the Owner and the ecA-Engineer or the AFehiteet'sEngineer's consultants or(4) between any persons or entities other than the Owner and the Contractor.The "—.,":.tent shall hewe er be eiititled to dies. The Implementation Documents consist of the mot-En fg'neer and Contractor's further development of the GMP Documents as necessary to construct the Project. 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 ^ ehiteet-En ineer and includes contractors'general conditions costs,overhead and profit.The Owner's Budget for the Work does not include the compensation of the AFekiteet Engineer,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 pefsen identified in the OwHer r'ew.,,eief A gyee ent to Engineer,who will render initial decisions on Claims in accordance with Section 13.2 and certify termination of the Owner-Contractor Agreement under Section 7.2.2 of the Owner-Contractor Agreement,A 195-2008, Standard Form of Agreement Between Owner and Contractor for Integrated Project Delivery. § 1.4 Intentionally Omitted ZD as ifFeElUired by all;perfefmanee by the Gentfaeter-shall be FequiFed efily to the extent eensisteHt with the GN4P Doeuments and feasenably inferable kem them as being neeessafy to preduee the ifidieA ed results. . tion of the Medel,OF the issuanee of separate Models shall eefitfel the Centraetef in dividing theAleflE ameng 9_,_;�_een4faeters eF in establishing the extent of Wark to be perfeFfned by an),if:ade. § 1.4.3 6niess ethefwise stated iH the GN4P Daeuments,wefds that have well kneNwt teehfiieal er eenstmetion § 1.4.4 CAPITALIZATION T-efms eapitalized in these Genefal Conditions ifielude these that af e(1)speeifieall),defined,(2)the titles offiumbere § 1.4.5 INTERPRETATION la the interest of bfevity,werds stieh as"all" "any" "the"and"an"may be emitted,but the fae4 The Afehiteet, "nhit°^''"Engineer,Engineer's consultants,Contractor,Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized,solely and exclusively for use in completion of the Project,to use and reproduce the Instruments of Service provided to them.All copies made under this authorization shall bear the copyright notice,if any,shown on the Instruments of Service.The AFGhite0t, FGhke6V Engineer,Engineer's consultants,Contractor,Subcontractors,Sub-subcontractors,and material or equipment suppliers may not use another Additions and Deletions Report for AIA Document A295TM—2008.Copyright 02008 by The American Institute of Architects.All rights reserved.WARNING: This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"Document, 9 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) author's Instruments of Service on other projects or for additions to this Project without the specific written consent of the Owner and the author of the Instruments of Service. § 1.5.1 The ^fe iteet Owner,Engineer and Contractor shftWmay utilize a Model as (an)Instruments)of Service to the gfestest&cteftt extent mutually agreed to be practicable and pursuant to Section 1.5.2.Unless the parties mutually agree otherwise,the ^hiteet-En tg'neer shall be responsible for the integration and coordination of the Model throughout the design and construction of the Project. The Owner, ^h,iteet-Engineer 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, A rehiteet-En ig_neer 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 E201Tm-2007,or a similar document,that shall be incorporated by reference into all agreements for services or construction for the Project. PAGE 17 The Owner, ^r t-En ig neer and Contractor shall coordinate the services provided by one another's consultants, subconsultants,contractors and Subcontractors.Upon request,the Owner,Arehiteet-En tg'neer 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 insurance,as appropriate to the services provided. § 2.1.1 The Owner is the person or entity identified as such in this document and is referred to as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or auauthorization except for the approval of increases in the 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 rep; 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 A rehiteet-En ing eer's and Contractor's performance with reasonable promptness after receiving the written request for such information or°er- : services., § 2.1.3 The A f�teet--Engineer and Contractor shall be entitled to rely on the accuracy and completeness of information furnished by the Owner. § 2.1.4 The Owner shall provide prompt written notice to the ^h teet-En ig neer and Contractor if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Instruments of Service. Additions and Deletions Report for AIA Document A295TI—2008.Copyright 02008 by The American Institute of Architects.All rights reserved.WARNING: This AIA`"'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" Document, 10 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) § 2.1.5 The 0,Amer shall furnish te the Arehiteet and GefltffietOF,withiii fifteen days afteF Feeeipt of aAwit4efl FeEluest, to as the site,and the 0,A%eF's ifiterest theFein. § 2.2.2 Prior to the establishment of the Guaranteed Maximum P flee;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 not materially vary such financial arrangements without prior notice to the Contractor and ^hteet.-Engineer. § 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 Feh eerEngineer and Contractor.The 0,Aqier and the Arehitee4 Owner,the Engineer and Contractor shall thereafter agree to a corresponding change in the Owner's Budget for the Work or in the Project's scope and quality, PAGE 18 § 2.2.6 The Owner shall furnish services of geotechnical engineers, if necessary and requested in writing,which may include but are not limited to 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. ARTICLE 3 ARCWUM6T § 2.2.9 Intentionally omitted. § 2.2.10 The Owner shall furnish the services of a Material Testing Firm who will provide inspections and material testing reports during the construction phase. ARTICLE 3 ENGINEER § 3.1.1 The A "�t-Engineer is the person or entity identified as such in this document and is referred to as if singular in number.The Ar-ehiteet-Engineer shall be lawfully licensed to practice arehiteettiFe engineering or an entity lawfully practicing afehiteetafe-en ing Bering in the jurisdiction where the Project is located.The iteet Engineer shall designate in writing a representative who shall have express authority to bind the Af ehite4-Engineer with respect to all matters related to the Project.The term"^" f:ehitceet" "Engineer"means the AFehiteet-En ig'neer and the authorized representative. § 3.1.2 Duties,responsibilities and limitations of authority of the meet-Engineer as set forth in this document shall not be restricted,modified or extended without written consent of the Owner,Contractor and ^rn ">�-Engineer. Consent shall not be unreasonably withheld. § 3.1.3 If the employment of the Ar-ehiteet-Engineer is terminated,the Owner shall employ a successor arehiteet engineer as to whom the Contractor has no reasonable objection and whose status under the GMP Documents shall be that of the Ame111iteet-.Engineer. Additions and Deletions Report for AIA Document A295TM—2008.Copyright 02008 by The American Institute of Architects.All rights reserved.WARNING: This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe Document, 11 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) § 3 2 AARGHITEGT'S GENERAL SERME ENGINEE GENERAL SERVICES § 3.2.1 The ^hiteet-Engineer shall assist the Owner in establishing a list of prospective contractors for the Project. § 3.2.2 The ^-zt,ehiteet-Engineer shall manage the h'r�^ '�Engineer'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 A r� be tiff d te fely en the nd -plL4, a Engineer acknowledges the Contractor does not warrant or guarantee the accuracy of the Contractor's Estimates,as that term is defined in Section 4.2.3,as>he Af ehiteet pf egfesses with the prepEff ation Ofthe&Aef ia Design,Detailed Design and Implementation Deetiments. Ge_. aet _ E «____t_.. The ^fehit except as may be included in the GMP.The Engineer shall review the Contractor's Estimates solely for the AFe,-teeV-s-Engineer's guidance in completion of its services,however,the fehi�t-En ig neer shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 3,2.4 The A hitee;=Engineer shall,at appropriate times,contact the governmental authorities required to approve the GMP Documents and the entities providing utility services to the Project. In designing the Project,the ^~motet Engineer shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.2.5 The A r "teet-EEn ineer shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project.The A~mat Engineer shall generate documents suitable for submission to the necessary governmental authorities. §3.2.6 In performing its services hereunder,the Engineer,its agents consultants and employees shall comply with all applicable laws regulations ordinances or other rules of the United States the State of Colorado,Pitkm 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. PAGE 19 § 4.1.2 If the employment of the Contractor is terminated,the Owner shall employ a successor contractor as to whom the ^ ehiteet-Engineer has no reasonable objection and whose status under the GMP Documents shall be that of the Contractor. § 4.2.1 Throughout the development of the GN4P Documents,the Contractor shall advise the Owner and the A° hitee Engineer 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. § 4.2.3 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, ^ eh teet-En ig neer 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 rehiteet-Engineer and shall include contractors' general conditions costs,overhead and profit (Contractor's Estimate).The Contractor's Estimate shall not include the compensation of the Ahiteet—,En&neer,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 A,ehite Engineer progresses with the preparation of the Criteria Design,Detailed Design and Implementation Documents. Additions and Deletions Report for AIA Document A295T"—2008.Copyright m 2008 by The American Institute of Architects.All rights reserved.WARNING: This AIA"Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA'Document, 12 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) § 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 ^~ TEngineer's review and the Owner's acceptance.The Contractor shall advise the Owner and A l "mot-Engineer 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 itee1—,Englneer,make recommendations for corrective action. PAGE 20 § 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 the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means,methods,techniques,sequences and procedures.The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the GMP Documents,the Engineer will specify all performance and design criteria that such services must satisfy.The Contractor shall cause such services or certifications to be provided by a properly licensed design professional,whose signature and seal shall appear on all drawings,calculations,specifications,certifications,Shop Drawings and other submittals prepared by such professional.Shop Drawings and other submittals related to the Work designed or certified by such professional,if prepared by others,shall bear such professional's written approval when submitted to the Afehiteet Engineer.The Owner and the mot-Engineer 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 Oi Mef and ^ hiteet MN,,——Engineer has specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 4.2.6,the Mehitee�Engineer 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. § 5.1 The 0,Anef, . . ants ef the Pf:ejeet and shall aFrive at a nititual tifiderstanding of these requifeffiews.The,kfehiteet shall present its ffelifflinafy evaluation to the ONNiief aiid Gentraeter and disetiss possible alternative appreaehes te design sign the Pfejeet-Owner has completed the Conceptualization Phase. da4es,antieipated dates when eest estimates er design reviews may eeetir,and allawanees fer perieds effirne requifed , .,theft e.,h sdietien a the PFE.eet fi . Owne , :ehiteet and Centraeter shall not exeeeu them, ens pt F reasenable WME,eaeh in tef:ms of the ether as well as r-eeemmendatiens,if any,with regard to aeeelerated E)f fast tm& .,F f:fn,t;e. shall be integrated into the Model Additions and Deletions Report for AIA Document A29511—2008.Copyright 02008 by The American Institute of Architects.All rights reserved.WARNING: This AiA`"Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"Document, 13 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale, User Notes: (728126802) § 6.1 The Arehiteet, in preliminary design illustrating the seale and relationship of the Prejeet Owner has completed the Criteria Design Phase. § 6.2 Based on the 0,Affier's approval of the preliminary design,the Afehiteet,in eerisultationwith the ContFaeter, shall prepare Gfitefia Design Deettments fef the lawrief Is approval.The Criteria Desigii DeeUrnents shall eefisist e drawings and other doetiments ifteluding a site plan,if appropriate,and preliminary building plans,seetions elevations;and may inelude some eernbination of study models, peFspeetive sketehes,and Models. Preliminary seleetions of majef building systerns and eenstruetien materials shall be noted on the drawings ef!deseribed in Nwiting. § 6.2.1 The ATehiteet shall eonsider environmentally responsible design alternatives,sueh as material ehoiees and building orientation,tegethef with other eensideratieris based en program and aestheties,in developing a desigii that i eertsistentmith the Owner's program, sehedule and Budget for the Work.The O-Anei:may obtain ether environmentally responsible design seF-,,iees as aR Additional Serviee. 6.2.2 The Afebiteet shall eensider the value of alternative materials,building systems arid tel-e4her with other eensideratiens based en program and aesthefies in developing a desigH for the Prejeet that is eertsistent%ith the O%ffief's sehedule and Budget fef the Work. § 6.3 During the Cf iteria Design Phase,the Arehiteet shall meet with the O-Affief:and Gerrtraeter as appf epfiate to the progress of the design to review the Criteria Desi-Doetiffients as neeessary, § 6.4 The Gentraetef shall obtain information ff ern Subeentfaeters and material suppliers regarding propose-sYstems of preduets,ineluding matef ial proeurement seheduling,pf eduet data sheets,life eyeie and enef gy effleiefie),data,eest data rieeessary to validate estifflates and sehedules fer their seepes of work,toleranees,and pfefabrieatien opportunities. § 6.5 The Gontfaetof,fer.the Arehiteet's review and the Owner's rieeeptartee,shall prepare a pFeeuFement sehedule fef items that fflust be order ed-Ale!! in advanee of eenstFuetien.if the Owner agf ees to preeuf e any items prier t aeeeptable to the Gentf aetof.Upon the establishment of the Guaf anteed Maximum Priee,the Om%ef shall assign all eentraets for these items to the Cofitraetof and the Centraeter shall thereafter aeeept respensibilivy for th § 6.6 At the eenelasien of the Criteria Design Phase,the Owner,Afehiteet and Gentrae4er shall meet to review th § 6.7 Based upon the Gritefia Design Deeurnents,the Gentraetef shall update the Gentraeter's Estifflate and Prejeet § 6.7.1 iffevisiens to the Gfitefia E)esigfl Doetanents are required te eemply with the Owner's Budget for the Work at the eenelusien efthe Criteria Design Phase,the Afehiteet shall eortsult with the Owner and Gontfaetef to deteffflin appropriate solutions.The Afehiteet shall then ineeFpefate any agreed upon revisions during4he Detailed DemgH Phase. § 7.1 Based on 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 A mot Engineer,in consultation with the Owner and Contractor,shall prepare Detailed Design Documents for the Owner's aeapnroval no later than the date identified in the Master Proiect 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 ^- t-Engtneer shall meet with the Owner and Contractor as appropriate and necessary to the progress of the design to review the Detailed Design Documents. Additions and 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 and International Treaties.Unauthorized reproduction or distribution of this AIA"'Document, 14 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) § 7.3 Pr-ieF te 4he eeneltisieft ef the Detailed Design Phase,the Gefttr-ae4er shall furnish te the Owner and Mehiteet a list of pessible SubeefltffietOFS and material supplief:s.Omitted. § 7.4 material suppliers ptifstiant te Seetion 6.4.The Gentmetef shall reqeire an),sueh SUbGeH4Fa6t0FS and material supplieFS struettifal,and to veFib, .Omitted. § 7.4.1 if the Geiitraetef's Estimate at the eenelusien ef the Detailed Design Phase e*eeeds the O-Affiei:'s Budget fef the Wedi,the Owneil:shall .3 implement an),ether mutual!y aeeeptable It t' .Omitted. § 7.4.2 If the Owner chooses to proceed under Section 7.4.1.2,the AFehiteet;En ineer,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 ^ ehiteet-Eggineer 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 A~ t-En ineer 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 Arehiteet-Q gineer shall submit Detailed Design Documents consistent with the Owner's Budget for the Work to the Owner,The Owner, Ar6hiteet-En gin eer 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 Ma-xiw,u D_:,a an Estimate proposal for the Owner's review and acceptance. § 7.7 To the extent that the GN4P Documents are anticipated to require further development in the Implementation Documents Phase,the Contractor shall provide in the Guar-eiiteea Maximum Price Estimate proposal for such further development consistent with the GN4P Documents and reasonably inferable therefrom.Such further development does not include such things as changes in scope,systems, kinds and quality of materials, finishes or equipment,all of which,if required,shall be incorporated by Change Order. § 7.8 The Contractor shall include with the n,,.,..heed MwEimum °Five Estimate proposal a written statement of its basis,which shall include the following: .1 A complete list of the documents and information used in preparation of the Gumanteea Maximum Priee Estimate. PAGE 21 3 A list of the Contractor's clarifications and assumptions,if any,with regard to the GN4P Documents and information relied upon in preparation of the Civaf anteed Maximum 12riee pF9pesa4-.E stimate. .4 The proposed G„e_e.,teea x,r...,:...um P+ie° Estimate,including a statement of the estimated cost with a level of detail,in a format,and summarized as mutually agreed in advance The Proposal will be organized by trade categories,allowances,contingencies,the Contractor's Fee,and other items that comprise the Guaf ntepd x,r,,.,:..,um Price. based and a sehedule f r the: e.fetes of the implementation Tl........ients upen .A.ieh the antieipated Substantial Completion date felies. § 7.9 The Contractor shall meet with the Owner and Arehiteet-Engineer to review the pfopesal-project Estimate. In the event that the Owner and °r "�tEngineer discover any inconsistencies or Additions and 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 reproduction or distribution of this AIA" Document, 15 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) inaccuracies in the information presented,they shall promptly notify the Contractor,who shall make appropriate adjustments to the Estimate. § 7.10 Onee aeeepted by the Ownef,the Guafemteed Maximem Pfiee, Omitted. § 7.10.1 f.,- -_ ., ,, listed in Seeti,.., 9.2! 3.3.Omitted. § 7.10.2 applieatien efthe adjustment pf:evisieas will eause substantial inequity to the O-Amer or Gentmeter,the GeHtFaet@F' Fee shall be equita-bly alkisled en the same basis that was used te establish the Fee feF the eriginal Werk,and th GuEffante a, r D iete shall adjusted anal=. Omitted. § 8.1 Based on the G1d4P Documents and the G ' ed MEeE:...um P--__ the^__hite t Estimate,the Engineer and Contractor shall prepare Implementation Documents.The Implementation Documents shall illustrate and describe the further development of the approved GA412 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 the Implementation Documents include complete,sufficient and unambiguous information for completion of the Work. § 8.3 Implementation Deetiments.The Contractor shall carefully study and compare the Implementation Documents with each other and with information furnished by the Owner and shall at once report to the Engineer errors inconsistencies or omissions discovered. § 8.4 The A- t-En ing eer and the Contractor shall incorporate into the Implementation Documents the design requirements of governmental authorities having jurisdiction over the Project. § 8.5 Pursuant to a schedule the "' ^f��tE Engineer and Contractor agree to,the Contractor shall provide Shop Drawings and other submittals for the A,eh teet'sEngineer's review and approval,and incorporation into the Implementation Documents.The review of such submittals shall be made pursuant to Section 9.12. PAGE 22 § 8.7 At the conclusion of the Implementation Documents Phase,the Owner, A reiteet-Engineer and Contractor shall meet to review the Implementation Documents.Upon the Owner's approval of the Implementation Documents,they shall take priority over the Detailed Design Documents. R 9.1 GENERAL PROVISIONS tests,§ 9.1.2 The Gentfaeter shall not be relieved efeblige4ions to perfeFM the WE)FIE in aeeerdanee with the G Additions and Deletions Report for AIA Document A295TI—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 reproduction or distribution of this AIA' Document, 16 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) the Oyffief's inteFestn § 9.2 REVIEW OF GMP DOGUMENIS AND FIELD CONDITIONS BY CONTRACTO § 9.2.2 Beeause!he GMP BiOeUfflefltS aFe eemplmefitai�,,the Genty-aeter shall,before starting eefistFuetien ef eaeh -well as the infefmeAien f6ffiished by the Ownef pursuant to Seetien 2.2.5,shall take field fneastifeffiefits of any existing eenditions felated to that peftieii efthe WeFk,and shall ebseFN,e aft),eanditiens at the site affeeting it.The sta4utes,ordinanees,eedes, request f F ifi f rmafie. in .nt.4;..m as the AFehitnnt ni § 9.2.4 Due te the responsibility the GeHtFaeteF assumes thFOUghetit the develepment efthe GN4P Deetifnents,neither fails te peffefffi the ebligations efekher Seetiens 9.2.2 er 9.2.3,the GeHtraetef shall pay stieh eests and dafflages te th § 9.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 9.3.1 The Gefi4faetef shall super-yise and diFee4 the WOFIE, using the Gentraetef's best skill and attefition.The > >sequenees jobsite safety thereefand shail be fully and selely respensible feF thejobsite safety efsueh means,FmAeds-, t,e twn t ....:yH n sequenees OF pfeeedures. War-k.The Centfaeter shall maifitain a daily 10g eOHtainiRg a FeeOFd ef;A,eathef, Subeentr-aeIers werking on the site, Feasefiably Fequire.The log shall be available to the 0%ffiff and Mehiteet- § 9.3.3 The Gefltraetef shall develop a systefli efeest eantf:el fef the Work,ineltiding regulaf FRE)nReFing ef aratual .te nln • R 9A I AQf1D A D IIIIATCDIAI C § 9.4.1 Unless etheFlMse provided in the GN4P Peouments,the COlitfEtetOF shall pFevide Emd pay fef:labeF,mateFials, > equipmen;and water,heat, e and etheF facilities and Additions and 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 and International Treaties.Unauthorized reproduction or distribution of this A10 Document, 17 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) safy fef proper exeetifien and eernplefien of the Werk,whether ternperary or permanent and whether e net ineerpeflated eF to be inee pe-ated in the Work-. 9.4.2 Emeept in the ease ef miner ehanges iti the Werk authef ized by the Arehiteet in aeeerdEfflee with 9.4.3 The Gentraeter shall enferee stfiet diseipline and good order friiieng the Geritfaeter's empleyees and ing eut the Work.The Gentfaetef shall net peffnit empleyffient ef unfit perseas or per OfkS HOt Properly 9.5 WARRANTY The Gen4faetef warrants to the 0wrief and AFehiteet thm materials Emd eqtiipment furnished tinder the Gentfaet will be the A'eF!E Will eenferfrit te the fequirernentS ef thp,C-44P Peetiments and will be free fiern defeets,emeept for these inhef eat ifl the qualivy ef the Work the GN4P Beeernerits require of permit. Work,ma4erials,-er equipment rre4 friainteararlee,:—pfepef epefa4ien,ef neffirial wear and tear and neffrital usage.if required by the Arehiteet,t Getirraeter shall furnish seAisfaeteFy evidenee as to the kind and quality of--a4eFials and equipment. legal!),eriaetedmben bids are feeeived or negetiatiens eerieluded,whether er net yet effeetive er merely seheduled te g e irate e€€eet. $ 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 International 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. § 9.7 FIRMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS § 9.7.1 Unless ether wise pf evided in the GN4P Peeumerits,the Gentraeter shall se6blFe and pay for the building peFmi as well as fer ether permits,fees,lieenses,and inspeetions by government fry for preper exeraution and is established-. § 9.7.2 The Geritfeteter shall eat ply with arid give notiees required by applieable laws, stalitttes,Ewdinartees, , Work. ARTICLE 9 Intentionally Omitted. §9.7.3 if the Gentraeter peffernis Work knewing it to be eentfary te applierlble laws,statutes,erdirianees,eedes,rules § 9.7.4GONGEALED OR UNKNOWN CONDITION that di&f ma efially ffem these upen whieh the pEff ties relied in the development ef the GN4P Deeuments,th.e event later than 21 days after first ebseFvanee of the eandifiens.The Arehiteet will pFemptly investigate sueh eenditions and,if the Af ehitea de4ermines that the),differ materially and e - ef deerease in tl+e Gentraeter's eest ef, eF tim e fequ'ifed for,perfeffrianee ef any part ef the Wefk,will f eeemmend an equitable ,m Ar-Gentraet Time,er both.if the Afehitee4 determines that the eeridifieris a4 the site are net materialb,different from these indieated in the GN4P Deeurrients and that no ehange in the terms ef the Gentfaet i Additions and Deletions Report for AIA Document A295TM—2008.Copyright©2008 by The American Institute of Architects.All rights reserved.WARNING: This AIAD Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAo Document, 18 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) justified,the AlPehiteet shall promptly neti6,the Owtief and Gefitfaeter in writing, "ing the reasons. if either p", ARTICLE 10 Intentionally Omitted. suspend any epefations that would aff�et therli arld shall riefify the O"ner arld Arehiteet. Uperl feeeipt ef sueh ne4iee, the O-Aner shall PFOffiptlytake any aetien neeessaFy te ebtain governmerital authorization required te resume eerifintie,with all ether epefatiens that de net affeet these Femains eF features.Requests fef adjustments irl the Gentrae Sum and Gefitfaet Time arising ffem the e*istenee efsueh remains eF features may be made as ffevided in Affiele 13. 9.8 ALLOWANG" —9.8.2 1 mess thef . s evided in th GN4P cns 4 jam: vcurncnss A allawanees shall eeveF the east te the GontfaetOF ef FAEAeFials mid equipmefit delivered at the site and all required taxes, less applieable trade other expenses eentemplated fer stated allawanee ameunts shall be ineluded in the Gentmet Sum but .3 whenever eests are Fnefe thari eF less than allewanees,the Cen4faet Sum shall be adjusted aeeerdiagl� by Change Order.The arneunt efthe Change Order shall refleet(1)the differefiee betweeri aetual eests and the allewanees under Seetion 9.8.2.1 and(2)ehanges iR CORtFaetOF'S eests under Seetien 9.8.2.2. § 9.8.3 Ma4efials and equipmerl�urldeF 110 alleA'anee shall be seleeted by the 0"%er with reasonable pFeMptness. § 9.9.1 The Gea4faeter shall empley a eempetent superintendent and rleeessary assistantswhe shall be in a4eridaflee a the Pfejeet site during perfermarlee of the Wefk.The superi nteft dent shall represent the Centfaeter,and pfepesed superiatendent or(2)that the Afehiteet requires addifienal time to review. Failure efthe Arehiteet to reply f easenable effid timely ebjeefien.The GefttfaeteF shall net ehange the super intendent without the 03Affief's eense4, whieh shall not anfeasenably be withheld or delayed. 9.10 CONTRACTOR'S CONSTRUCTION SCHEDULES fer the Work.The sehedule shall fiet emeeed tifne lifnits euff:erit under the GN4P Deeuments, shall be revised at ate intervals as required by the eendifiens efthe 3A'eF!E afld PFejeet,shall be related to the efifire Prejeet to th , Wadi.§ 9.10.2 if the GN4P Doeuments require submill4als dwing the Geristruetiorl PhaSe,the GORtFaeter shall prepare a- , GN4P Deetiments require that the Gentraeter provide a stibmittal sehedule and the Gontf!aeter fails to subMit , Additions and Deletions Report for AIA Document A29STM—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 reproduction or distribution of this AIA'Document, 9 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) submittal schedule,the Contractor shall not be entitled to an),increase in Contract Sum or e�eterlsion of Contract Time based on the t rAe required for review of submittals. Shop Drawings, Pfeduet Data,Sainples and sirAilaf subinittal required duA4 the Genstruetion Phase are not GN4P Deetiments. § 9.10.3 The Contractor shall-peffelFM the 3A'efk in general accordance with the mest recent eenstruetien sehe L.- W d t the 0 a Architect JTR71ii[CCGCI C�LiIG ....... ..... _....___. § 9.11 DOCUMENTS AND SAMPLES AT THE SITE The Gentfaetof shall maintain at the site for the&A"er one copy of the GN4P Documents,in good eFdef and m ked current!),to indicate field changes and sel ions fnade during eenstrttetion-,-and one copy of approved stibrritittalss provided during construction.These shall be available to the Architect shall he delkwed to the Architect for 1 PRODUCT DATA AND SAMPLES § 9.12.1 Shop Drawings are drawin-s,diagrams,models,schedules and other data special!),prepared f6r the Work by the Contractor or a Subcontractor,Sub subeentfaeter,manufaettiref,supplier or distfibtttef to illustrate some portion ofvi-the Work. § 9.12.2 Product Data are illustfmiens,standard schedules,performance charts,instructions,brochures,diagrams and ether information furnished by the Contractor to illustrate rnateFials or equipment for serne pe tien oftheWefk. § 9.12.3 Samples are physical exarriples that illustrate materials,equipment or werlErnariship and establish standard by which the Wefk will be judged, § 9.12.4 The purpose of Shop Drawings,Product Data, Samples and similar submittals is to derneristf ate the way b) Deetiffients for t��t��sof the Work ferAieh the GN4P]Documents require submittals.Review by the Architect is subject to the lifflitatiens of Section 9.26.5.2.informational subraittals upen which the Architect is not&Epeeted t take respensiVe action may be se identified in the GN4P Doetiments.Submittals that af e net required by the GMP Documents met),be returned by the Arch;Iect'With out action. § 9.12.5 The Contractor shall Feview for compliance with the GN4P Deetiments,approve and stibmit to the AFehitee Shop orawi ags,Pfodttet Data,Samples and similar submittals in aeeordaneewith the submittal schedule approved by OhC-Arehitp.*er,in the absence of an appreved sabrnittal sehedtile,with reasonable promptness and ift such sequene as to cause no delay in the Work of in the aefivifies of the Om%er or of separate eontffietefs. § 9.12.613),subfflitting Shop Dfirwings,Product Data,Samples and similar submittals,the Contractor represents to th 9yffief and Arehilteet that the Gentraetof has(I)reviewed and appreNed thern,(2) determined and-verified ' field meastirernents and field construction eriteria related therete,or will do-se and(3)checked and eeerdinated th inferfflatien contained within stteh stibinittais as consistent with the requifernents of the Work and the GN4P Doetimen cs § 9.12.7:Fhe Centraeter sha4l perform ne portion of the WeA that requires subrnittal and review of Shop D Prodtiet Data;Samples or sirailar submittals until the respeetive submittal has been appFeved by the Afehit § 9.12.9 The Work shall be in aeeefdaneewith approved submittals. § 9.12.9:Fhe Contractor shall direct specific attention, in wfifing or on resubmitted Shop DFamings,Preduet Samples or similar submittals,te revisiens ether than these r by'he ""e,en previous subrnittals.in th absence of such written notice,the Arehiteet2s approval of a _.- VD.. q -hail not apply to such revisiens. ) 9.13 USE AC CITE codes,The Geatfaetof shall confine operations at the site to areas permitted by applicable laws, statutes,ordinances,Fules and regulations,and lawfid!orders of ff blie authorities and the GN4P Documents and shall net unf ease eneuraber the it with materials er equipment. Additions and Deletions Report for AIA Document A295TM—2008.Copyright m 2008 by The American Institute of Architects.All rights reserved.WARNING: This AIA'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAO Document, 20 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) § 9.44 CUTTING AND PATCHING its parts fit together propef!ly.All afeas FeEjuiFifig eutting,fittiRg afid patehiiig shall be restored te the eefiditieli existiRg • § 9.14.2 The Gentfaetef shall net damage ef endafigef a pef4ien ef the Wefk ef fUlly or partially eefflple -9 CLEANING U § 9.15.1 The Gentraeter shall keep the premises and SUFfeanding afea fFee fFem meumuleAien ef�A,aste mateFials OF the PFejec4- be entitled to f:eimbursemeflt frem the Gentfaetef. § 9.16 ACCESS TO WORK leeeAed. § 9.17 ROYALTIES, PATENTS AND COPYRIGHTS The Gentfaetei:shall pay all reyalties and lieeiise fees.The(28fitraGteF shall defeilid suits eF elaims feF iHffingement e eep)T-ights and patent rights and shall hold the Owfier afidAfehiteet haffiAless ffem less en aeeeunt thefeefi,but shall § 9.18 INDEMNIFICATION § 9.18.1 T-e�he fullest extent permit4ed bylaw the Gefitfaetef shall itidemfiify and hold hafmiess the Owner, , pfevided that stieh elaim,damage,less er expense is attfibutable to bedily injury, siekness,disease or death,er te whese aets they may be liable,fegardless of-Miether ef net sueh elaim,dafnage,less ef expense is eaused ift pai4 by paFty indemnified hefeundef. Sueh ebligatieH shall met be eenStFued te Hegeft abridge,eF Feduee ethef rights e Seefien 94& § 9.18.2 in elaims against any pefsen eF eatity indemnified undeF thiS Seaien 9.18 by an empleyee efthe Gentraete!F, indemnifleatien ebligatien undef Seefien 9.18.1 shall fiet be limited by a limitafieii en ameunt ef:type , , A 9.19 4 DEFINITIONS n n Additions and Deletions Report for AIA Document A295TI—2008.Copyright O 2008 by The American Institute of Architects.All rights reserved.WARNING: This AIA"Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA'Document, 21 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05123/2014,and is not for resale. User Notes: (728126802) § 9.19.2 AWARD OF SUBCONIRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WOR Ownef mid Off ehiteet may rep!),within 14 days te the Geatfaetef in Nwiting stating(1)-ALMef the Ownef eF the •bmittin oa_ 9.19.2.4 A hit •4 1. n able ebjee4ion to n eh subs4itutien. § 9.19.3 SUBGONTRACTUAL RELATIONS By apprepfiate agreement,Nwitten NNhef!e legally required f4validity,the Gentfae4er shall requife eaeh Subeentfaeter, for safety ef the SubeentfaeteF's Wefk,whieh the GentraeteF, by these Doeuments,assumes tewai:d the Owner and Afehkeet.Saeh subeentfaet agfeement shall Pfeserve and prete(A the rights ef the Owner and Afehiteet under the GN4P Deetiments,has against the Owfler. Where apprepFiate,the GentFaetef shall require eaeh Subeentfa6teF te enter inte Subeentfaeter will be bound. § 9.19.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS that .2 assignment is subjeet te the pfief rights of the surety, if any,obligated tinder bend Felating to the ) Additions and 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 reproduction or distribution of this AIA` Document, 22 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) § 9.19.4.2 Upen sueh assig-rifliefit,ifthe Werk has been susperided fer mere than 30 days,the Subeefilfaetef's eemperiseAien shall be equitably adjusted�31F inereases in ees�resulting ffern the susperisim. § 9.19.4.3 Upen sueh assignment te the OmqieF ufldeF this See4ierl 9.19.4,the Owner fflay fidFthei:assigii the subeentr aet meet, § 9.20 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRAGIORS § 9.20.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRA § 9.20.1.1 The 0,,Affier-reserves!be right te peFfBFFH eanstrue4ion or eperations Fela4ed te the Projeet with the O'Affier's evm forees,and te award separate eantraets in eenneefierlwith other peffiens of the Pfejeet or other earistfuetion of PeffiffiS FeWed to instwartee and waiver of subFegatien.if the GentFaeter elaims that delay or additional eest is- eR the site,the term"C;EmAraetef" in the GN4P Paeuments in eaeh ease shall mearl the C-Ofltffieter whe exeeutes each 9.20.1.2 When separate eentfaets are awarded for diffeFeflt POFfieRS efthe Pfejeet OF Other 60HS40660fi OF epeFatiens sepafeAeee>itraet. eentfaeter with the Work efthe Gentiraetef,whe shall eeepeffi*with therri.The GeritFaetef:shall paFfieipme with ethe te the eenstruetierl sehedule deemed neeessary after ajeint review and muttial agreement.The eeristruetieri sehe-dule's shall then eerisfittite the sehedules te be used by the GerltraeteF,separate eentfaetefs and the ON"eF Hfitil subsequently revised. FelatOd tO the PFejeet with the 0,A%er's ewn forees,the&A%er shall be deemed to be subjeet to the same obligations and te have the same rights that apply to the Gentraeter under the Gentr § 9.20.2 MUTUAL RESPONSIBILIT the()-A%ef ef:a separate eerl4faetef,the Gentfareter shall,prier to pfeeeeding YAth that portion efthe Work,prempt!) repef4 to the Mehiteet apparent disefepaneies er def�ets in sueh ether eenstruefien that would fender it unsuitable for stieh pfepef e3(eeutien and results.Failure efthe Gefirfaetef se te fepeft shall eenstittite ari aelaiewledgmerit that th O-A.Affleff's OF separate eentfarator's eempleted OF Partial!)'eempleted earistruetion is fit and proper to Feeeive thee § 9.20.2.3 The Centraetor shall reimburse the C),A%ef feF eests the Omqief 416UFS tha4 are payable te a separate . . . § 9.20.2.5 The 0,A%er and eaeh separate eentfaeter-shall have the sarne responsibilities for eutting and patehing as af Additions and Deletions Report for AIA Document A295TM—2008.Copyright©2008 by The American Institute of Architects.All rights reserved.WARNING: This AIAc'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAgD Document, 23 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/2812013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) § 9.20.3 OWNER'S RIGHT TO CLEAN UP R 9.21 CHANGES IN THE WORK § a 91 1 GENERAL limita4iens stated in this Seetion 9.21 and elsewhere in the f_N.TD lleeti ffienhn § 9.21.1.2 A Change Gfder shall be based upen agfeement affieng the Ownef,Centfaetef end Arehiteet;a Constfuefien aii ,...,do..F fHiRE)F eh..nge in the t eAE may be issued by the_Afeh; eeEdef... Gentfaeter shall pf eeeed premptly,unless otherwise pf e3vided in the Change Order,GenstFuetien Change Direetive ef R O 91 9 CHANGE ORDER adjustment,§ 9.21.2.1 A Change Order is a vff itten insif ument prepared by the Mehkee4 and signed by the Owner,Centfaeter an .1 The ehange in the Werk; .2 The ametint ef the any, in the Getitraet Sum;a .3 The&Etent ef the adjustment,if any, in the Gentfae4 Tiffw- § 9.21.3 CONSTRUCTION CHANGE DIRECTIVES Time,ef beth.The O"ef may by Censtruetien Change Direetive,witheut invalidating the Cantraet,order eh� — . Sum nn.d Gentfaet Time being adjusted., eF d:nnl.. § 9.21.3.2 A Genstfuetien Change Difeetk,e shall be used in the absenee eftetal agfeement en the terms of a Chang § 9.21.3.3 if the Genstfuetien Chafige DiFeetive prevides fer an at�tistment te the Gentfaet Sum,the adjustment shall pefmit et,. n, ..h. F method,.4 As pfeNided in Seetien 9.21.3.7. appliepAien ef seeh unit priees te quailififies ef Work pfepesed will eatise substEmfial inequity te the O"ef er Gentfaetef,the applieable unit priees shall be equitably adjusted. any, Ce Additions and Deletions Report for AIA Document A295-—2008.Copyright(D 2008 by The American Institute of Architects.All rights reserved.WARNING: This AIA'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA` Document, 24 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) be effe-p-tive immediately and shall be reeOFded as a Change OrdeF. § 9.21.3.7 if the 1001114aeteF dees net respond PIFE)FAPO)'or disagirees with the method for adjustment in the Ceifitfftet Sum,the Mehiteet shall thk..-Pnethed and the adjustfflefit on the basis of reaselfiable e3Ependittif:es and savings afnetifit for 6N'eFhead and pf:efit as set fekh in the OM'ReF G0fitFaGt0FAgf:eeFnent,OF if HO SUM affletifit is set ferth in the 0,Aner 128fitraGtOF AgFeement,a reasonable afHowit.in stieh ease,atid also under Seefien 9.21.3.3.3,the GentFa6tOF shall keep and pfesefit,in sueh for-Fn as the Mehiteet may preSeFibe,an itemized aeeounting tegethef with appfepriate shall be lifnited to the fell * — .2 Costs of ma4efials, supplies afld equipment,ineludifig eelst of tfanspertation,whether ineorperated er eens ed; .he.S. �T .4 Costs of pf emitifns feir all bends and instiranee,perffik fees,and sales,use of siFAijaic taxes Felated te th WoFk;an § 9.21.3.8 The ameunt of eredit to be allowed by the GentraetoF 4e the 0,A%er for a deletion EIF ehange that Fesults ili a net deerease in the Gontfaet Sum shall be aetual net east as eanfirmed by the Arehiteet. When both additions ft"d § 9.21.3.9 Pending final deter-miHatien of the total eest of a Consiruetien Change DiFeetive to the OwfieF, those eests and eei4ib,fer M�eiolt the ametint that the Af!ehitm determines,iH theAfehiteeVs professional judgment, basis as a Change Of der,subjeet to the fight ef either pairty to disagree and assert a Claim in aeeefdanee with Artiele 4-3: R 9.21.4 IIIIINGR CHANGES IN THE WORK Sueh ehanges will be effteted by AT-it4en order signed by the Arehiteet afld shall be bindifig on the O'Affier of the Gontfaet Time and not ineensistent with the intent of the GN4P Doeuments.PFieF te issuing a MineF ex Change,the Ar-ehiteet shall Hetify the Contfaetof ef the na4UFe,extent and antieipated time of issuanee > Fettraetef. § Ste€ R O 99 4 DEFINITIONS § 9.22.1.1 Unless etherAise previded,Centraet Tinie is the pefied ef time,ineluding authef ized adjustments,allatted § 9.22.1.2 The date ef Substafltial Cemplefien is the date eeffified by the ArehiteO in aeeerdaHee with Seetien 10.1. Additions and Deletions Report for AIA Document A295TM—2008.Copyright(D 2008 by The American Institute of Architects.All rights reserved.WARNING: This AIA"'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"Document, 25 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) .lam R O 99 9 DDAP_DESS AND COMPLETION § 9.22.2.1 Time limits stated in the GN4P Doeumetits feF the substantial Completion ef the Werk are ef the essenee of period F r perF ffni.rt_the Work pr-ematurely eemmenee eperafiEffis en the site ef elsewhere pfief to the effeefive da4e ef insufaflee required by Artie! 11 to be f6mished by the Centfaeter and Gimffief.The date ef eemmeneemetit of the Work shall not be ehanged by th § 9.22.2.3 The Gentfae4ef shall pfeeeed expedifieusly with adequate fefees and shall aehieve Substantial Completio § 9.22.3 DELAYS AND EXTENSIONS OF TME erdered in the Alerk; or by labor disputes,fire,taittsual delaY in deliveFies, unavoidable easualfies of ether eauses , eauses that the Mehiteet det tif�,delay,then the Gentfaet T-iffie shall be extended by Chang f er by ether sueh bl time as the A unt.:hnn4 w. i.I nherm § 9.22.3.2 Claims relating te tifne shall be made in aeeerdatiee with applieable previsions ef Artiele 13. § 9.22.3.3 This Seaien 9.22.3 does met pfeelude reeevery ef dafflages fef delay by eithef pat4y tindef ether R 9.23 DAVIIACNTS § 9.23.1 CONTRACT SUM The Gentraet Sum is the total amettnt payable by the Owner te the Centmeter for perfermanee ef the Werk under the a o 94 9 SCHEDULE ii E OF VALUES The Gentfaeter shall submit te the Arehiteet,before the firs4Applieafien fef Payment subfnit4ed fer eenstfuefien ef th fefm and supperted by stieh data te substantiate its aeeuraey as the Arehiteet-may requife.This sehedule, unless objeeted te by the f ' § 9.23.3 APPLICATIONS FOR PAYMENT § 9.23.3.1 At least ten days befere the date established for eaeh pregfess payment,the Gentraetef:shall subnik to the Afohiteet an Aefnized Applieatien fef Pa��ent prepared in aeeeFdanee with the sehedtile of valties, if required under ehanges in the WeA that have been pfopedy autheFized by Genstruefien Change ' d t. t - t' Fth A 'h et, J but not et nl...ded G hange Of def s. § 9.23.3.1.2Applieations fef Payment shall net inelude requests fer payfflent fer pertiens ef the Work fef!whieh th Gentraetef dees net intefid te pay a Stibeentfaeter eF material supplier,unless sueh Weirk has been perfeftmed by ethef-s thew.the 90 flt aetOF intends to pay. Additions and 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 reproduction or distribution of this AIA` Document, 26 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) § 9.23.3.2 t4filess ethermise proVided ifi the GN4P Deetiments, payments shall be made en aeeoufit ef fnateFial by the 0,mier,payment may similarly be made fOF materials mid equipment suitably steFed effthe site at a leea4ien agFeed upen in vffiting. Payment fer FAa4ef ials and equipment stefed on eF eff the site shall be eenditiened upeff § 9.23.3.3 The Gentraeter waFFants that title to all Wark eovered by an Appheation fer Pa)q:nen4 will pass to the 0,A%er- ne latef than the time of payffient.The GefftfaeteF furthef warfefits that upon submit4al ef an Appheafien ' P I all 3A'eF!E fef NN44i6h Cef4ifieates fef Payment hm,e been previously issued and payments f eeeived 40ffl the 01ATIeF Shall, ef eneuffibranees in ffivef:of the Gentfaetef,Subeetitfaetefs,material stipplieFS,E)r.ether persens E)F entities Making R D 22 A CERTIFICATES CAD PAYMENT Owner,§ 9.23.4.1 The Ar-ehiteet will,within seven days afteF f eeeipt efthe Centraetef's Appliea4ien fef Payment,eithef issue whele er in part as PFevided in SecAen 9.23.5.1. based on the Arehiteet's eyaluatien ef the Work and the data eampFising the Applieatiefl feF Payment,that,te the best r-opfesenwien that the CefitFaeter is entitled to payment in the ametifit eei4ified.However,the issuanee ef a CertifieeAe fef!Payment will not be a repfesetita4ieft that theArehiteet has(1)made eAausfive or eentinueus on site insperatiens to requested by the O-AffieF to substantia4e the CentFaeter's right to payment,E)F(4)made exaFAifiatieti to aseeftain heW OF § 9.23.4.3 The Arehiteet shall maintain a Feeefd ef the Appheatiens and Gertifieates fer Payment. § 9.23.5 DECISIONS TO WITHHOLD C-ERTIFICATION § 9.23.5.1 The Af ehiteet may withheld a Cet4ifieate f6F Payment in whele ef in paFt,to 4he extent reasefiably neeessaFy be made. if the AKWOCA is unable to eertif�,p"ent in the ameunt efthe Applioatieft,the Arehkeet will notify th make sueh Fepfesentatiafis te the 0,A%eF.The AFebiteef may also withheld a Gerfifiea4e feF Payment of,beeaus responsible,ineluding less resulting ftern aets and emissiens deSffibed in Seetion 9.3.2,beeause a 4 def etiye Ure«I...et« ed e,J. .2 third paf�y elaims filed er reasonable evidenee indieating PFObable filing of sueh elaims unless seetirky weeptable to the&A%ff is pf:evided by the CefltFaetef'; .5 reasonable ekidenee that the Wedi will fiet be eeflipleted within the Gentraet Time,and tha4 the tiapaid balanee would fiet be adequate to eevef arattial or liquidated damages feF the ankipa4ed delery; er- .6 repeated failure te eaFF)'eut the Work in a66e]Fdanee with the GN4P Deetiments. �7 w'Y fTi�T Additions and 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 and International Treaties.Unauthorized reproduction or distribution of this AIAO Document, 27 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05123/2014,and is not for resale. User Notes: (728126802) § 9.23.6.2 When the above f easens fef withholding eeffifieation af e remeved,eertifielatien will be fflade fer.amounts pFevieusb,wi.hheld. § 9.23.6.3 if the Arehiteet withholds eertifieatien fer.payfnent under Seefien 9.23.5.1.3,the Ownef Fflay, at its sele eption,issue joint eheeks to the Gentfaeter and to atiy Stibeentraeter or material er equipment suppliefs te whem th GentraeteF failed te mEke payment fef WEWE PFE)pef 1),peFfermed ef:material or equipment suitabb,delivefed.if th payment an the next Get4ifieate for Payment, R O 94 C PROGRESS PAYMENTS § 9.23.6.1 After-the Ar-ehiteet has issued a Gertifiea4e fer Payniefit,the Owner-shall Hiake payfoefit in the mannef end within the time p ,:.7ed in the GN4P Pe..maents and..1..,11 s eti f.,the A rehiteet § 9.23.6.2 The Gentfaeter shall pay eaeh Subeentfaeter tie iffter than seven days after-reeeipt ef payffient"m the stibeentfaeted Weick.ifthe Genti-7aetef fails to f4ftish stteh evideneewithin seven days,the&A"ef shali have the right te eefitaet Stibeentraeters to aseertain whether they have been pfepefly paid.Neither the Owner ner Arehiteet shall have em obligation te pet),E)r te see to the paynient ef maney to a Subeentfaetef,exeept as may ether-wise be reEltiked by law. § 9.23.6.5 Gentfaeter payments to ma4erial and equipment suppliers shall be Ifeated in a manner similar to that previded ifl Seetiens 9.23.6.2,9.23.6.3 and 9.23.6.4. § 9.23.6.6 A Gef4ifieeAe fef Pa��ent,Et progress payment,or paffial er entire use ef eeeupaney efthe Pfejeet by th § 9.23.6.7 Uniess the Centfaeter provides the Owner with a pa��ent bond in�he full penal sum efthe Gentfaet the Gentfaeter fef:these Subeentraraef:s ef suppliers-Mie perf'erffied Work eF f6mished materials, ef:both,u eentraet-Mth the Gentfaetef fef vvIiieh payment was made by the Owner.Nething eentained herein shall re efpunifive damages against the Gentraeter fef breach afthe requirements efthis pfevisien. , R O 94 7 FAILURE RE AC PAYMENT T e within seven days after reselution,then the Gentraeter e s s step the Werk tiftfil payment efthe anieunt ewing has been reeeived.The Gentraet Time shall be e3(tended apprepfieAely an e start plus interest as ,:ded F r in the!_TOAD Tleeti., entr 0,Affier may eeetip),er use an),eempleted or paffially eempleted peffien efthe Work at an),stage when Additions and Deletions Report for AIA Document A295-—2008.Copyright(D 2008 by The American Institute of Architects.All rights reserved.WARNING: This AIA"Document is protected by U.S.Copyright law and International Treaties.Unauthorized reproduction or distribution of this AIA' Document, 2$ or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) retainage,ifany,seeur-ity,maintenanee,heat,t4ilifies,damage te the Work and insuranee,and have agFeed iii ATitifig ofireasonably withheld.The stage efthe pf:ogfess ofthe Work shall be deteffnified by witten agreement between the § 9.23.8.2 lirnmediately priOF to SUeh partial oeeupmey ef:tise,the OmqieF,Gentfaeter md Afehiteet shall jointly inspeet the area to be eoeupied or portion ofthe Work to be used in order to determine and reeerd the eendition efthe Wofk. site,§ 9.23.8.3 Unless etherAise agreed upen,pai4ial eeeupaney of use efa peftien of pei4iefis ofthe Work shall fiet § 9.24 PROZECTION OF PERSONS AND PROPERT § 9.24.1 SAMY PRECAUTIONS AND PROGRAMS The Gontfac4or shall be responsible feF initiating,maintaining and supefvising ail safety pfeeautions and PFeffamS in § 9.24.2 SAFETY OF PERSONS AND PROPERT § 9.24.2.1 The Gentraeter shall take Feasefiable preeautiefis f6f:safety efi,and shali pfevide feasenable pfeteetien to prevent d less to .1 employees en the Work and ethef persons whe may be affiac4ed thereb),T- Sub subeentrae4ors;and , eenstfuetion less.9.24.2.2 The Gentfaeter shall eemply with and give netioes FeqtiiFed by applieable laws,sta4utes,eirdifianees,eedes, Fules and regulations,and lamful efdefs of publie authorities beafing en safe-ty of persons er property or preteefien from damage,injury ef:§ 9.24.2.3 The Gentmeter shall ereet and maintain,as required by existing eendifiens and perfefmanee efthe feasonable safeguaMs for safety and pfeteetien,ineluding posting danger signs and eth . . - - .fist , hazards,pfeffitilgatifig SafePy'Fegulatiefis and fietibing owners and users ofadjaeent sites and utilities. 9.24.2.5 The QH4116tOF shall pfemptly fetnedy damage and less(ethef than damage of less ifistifed wideF ffepefl) any ofthem,of by anyone feF mthese aets they Fnay be liable and feF whieh-Ae C—ARI*AaRe-r-is responsible under See4iens 9.24.2.1.2 mid 9.24.2.1.3,ei(eept damage er less attfibutable to aas of ofnissiens ofthe O-AffieF of Arehiteet or anyone difeetly of indireetly employed by eithef:efthem,er by anyone fef whose aets eitheF eftheffi fna),be liable, afid li § 9.24,2.6 The Contraetof shall designate a responsible FnembelF 0khe G8HtFaE4'0F'S erganhfflAion at the site whose dt4y shall be the prevention of aeeidents.This Person shall be the Cefitfaeter's stiperifi4enden4 unless otherwise designated by the ContraReter i.M to the ONwer and Arehitee4-. Additions and 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 and International Treaties.Unauthorized reproduction or distribution of this AIA' Document, 29 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_t which expires on 05/23/2014,and is not for resale. User Notes: (728126802) 9.24.2.7 The GefitraeteF shall fiet pennit an),paFt of the eenstfuefien or site te be leaded se as te eause damage er ereate an ..F ndit. A 9.24.2.8 MIIDV AD DAMAGE TO PERSON AD PROPERTY others fef whese ae4s stieh paA),is legaNy Fespeiisible,wriaen netiee of sueh it�ury or damage,whether of not insured, shall be giveii te the ether within a reasenable time net e3feeeding 21 days afief diseevery. The netiee shall previde- suffleient detail to enable the other te ifivestigeAe the ma#ff. § 9.24.3 HAZARDOUS MATERIALS regaf ding hazardeus materials. if the Gentraeter eneeuntef!s a hazardous material or substanee not addf essed in th (PC=B), eneeuntered en the site by the e the GeHtffiet6f Shall,HPOR Feeepizing the eenditien, peffeFFA the task efremeval OF Safe eefitaifirAeat of sueh material of:substanee.Thp.C2.nn#n tAr and the A rehiteet will PfeffiPt!)'Feply to the Owner in AT-iting stating whethef or nEA either has reasonable objeefiefl ie the persons of entitie-s When the mmef:ial or-substanee has been rendered hafmiess,Werk in the affkted afea shall resume upen ATWen agfeement efthe Gvmer and Centraeter.By Change Order,the Gentfaet Time shall be extefided appreprifftely and the e staft tip. § 9.24.3.3 To the f6liest exteat permit4ed by jaw,the 0,A%eF shall indemnib,afid held haf:mless the GentFaetef-, Subeentraeters, e death as deseribed in Seetion 9.24.3.1 and has net beeii retideFed haFfnjess,Pfevidited that sueelh-elaim,damage,less or damageg,losses and expenses,inehiding W4 net limited te a4erfieys' fees, arising out ef of resultifig fieffi s siekness, (ethef thaii the Werk itself), emeept te the&Etent that sueh damage,lass er expense is due to the fault of flegligenee e the part),seeking indemnity. § 9.24.3.4 The Owtief:shall net be Fespeiisible tmdeF thiS Seetien 9.24.3 fer materials OF substanees the Gentfaeter or tiegligenee in the use,F—ind handling efsueh materials or substanees. GN4P Peeuments,the 0,A%eF shall indemnify the Gentraeter fOF(111 eest and expense ther-eby ineurred. 0 the Gentfaeter is held liable by a government ageney for Additions and 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 reproduction or distribution of this AIA" Document, 30 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) a o 9d a EMERGENCIES § 9.25 UNC-C-MIERING AND CORRECTION OF WORK § 9.25.4 UNCOVERING OF WORK § 9.25.2.1 BEFORE OR AFTER SUBSTANTIAL GOMPLEMN shall be a4 the Gefttf:aetef's expense. 9.25.2.2 AFTM SUBSTANTIAL COMPLETION § 9.25.2.2.1 in addifien te the Gentfaeter's ebligatiem under Seetien 9.5,if,within efie yeaF aftef the dat established under-Seetion 9.23.8.1,er by terms ef ao appheable speeial warrant),required by the GN4P with Seetien 9.25.2.7. § 9.26.2.2.2 The efie year peFiod fef eeffeetien ef Werk shall be extefided with fespeet te peffiens ef Werk fifs performed after Substantial Gemplefien by the peFi8d of time between Substafitial Completiefi and the aetual § 9.25.2.5 Nothing eentained in this Seetiefi 9.25.2 shall be eefistfved to establish a peFied of limitation with f espeet to , Additions and Deletions Report for AIA Document A295TM—2008.Copyright 02008 by The American Institute of Architects.All rights reserved.WARNING: This AIA"Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA*Document, 31 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) be etifefeed,nef to the time within whieh pf eeeedings fnety be eammeneed te establish the Gentrae4er's liability wit respeet to the Gent.aeter's obl:,...t:ens other than s eifeally to a ee4 the II7....1. OWNER'S requifements of the GN4P Deeuments as required by Seetien 9.25.2 of repeatedly fails to ear-Fy etit WeAE in aee@Fdane-e thef eef,tintil the eause for sueh efder has been eliminated;hewever,the right ef the&A%eF te step the Werk shall not give rise te a dtity en the part ef the Owner te exeFeise this fight feF the benefit ef the Gentraetef ef an),ethef persen e R 9.25.2.7 AIA/NER'S RIGHT TO PADDY OUT TLIC WORK etheF fefriedies the Ownef may have,eerreet seeh defieieneies. in sueh ease an apprepria4e Change C)fdeF shall b issued dedueting Rem payments then er thereafter due the Gontrae4ef the reasenable eest ef een:eetiag sueh § 9.25.3 ACCEPTANCE OF NONCONFORMING WOR O-Anef may da so instead ef requiring its refneval and eaffeefien,inwhieh ease the Gentfaet Sum will be redueed as apprepriate alld equitable. Sueh adjustment shall be effeeted whether er net final payment has been made. ARGHITEGT'S ADMINISTRATION OF THE CONTRAGT § O 7C 1 The M ehiteet shall provide.,dmin:..t..,t:,fi of the Gentfaet as set£efth below § 9.26.2 The 6ffehiteet shall advise afid eensult with the 0,A"er duf ing the Genstfuefien Phase.The Af ehiteet shall have autheFit�'te ae4 en behalfef the 0"%eF enly to the extent provided ifl thiS AgFeefneat.The Afehiteet shall"e fef the e e e emissions,of-,and shall fiet be respetisible fef,aets er emissiens ef the Gentraraer E)r ef any ether pefsens er entities perf4ming Geftifieate for Payment. but shall net have een4+el ever or ehafg R 9.26.4 EVALUATIONS AC THE.WADI[ § 9.26.4.1 The Afvhiteet shall visit the site a4 intervals appropfiate te the stage ef eenstruefiffij,R-F-F15;R-thevlvise,require A performed iH a FAamier indieating that the WedE,when f�lly eampleted,will be in aeeerdanee with the GM eheele the EIttality er quanfity of the Werk.On the basis ef the site visits,the Arehiteet shall keep the O'A"er reaseflably ebserved in the WeEk. Mehiteet eensiders it neeessafy er advisable,the Arehiteet shall have the autherity te require inspeefien er testing of ef eempleted.Howevef,neither this authefity ef the Afehiteet fief a deeisien niade in geed faith eithef to e e Additions and Deletions Report for AIA Document A295TM-2008.Copyright©2008 by The American Institute of Architects.All rights reserved.WARNING: This AIA W-'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAO Document, 32 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) not to exeFeise sueh autheirity shall give rise to a duty aF responsibility ef the Mehiteet to the Contfaeter, PE)ftiffiS Of the WOFIE. § 9.26.4.3 The Mehiteet,in eensultation with the othei:PF@jee4 paFfieipafits,shall inteFffet and deeide matters eeneef ning pe4ofmanee under,and FeqUif ements ef,the GMP DeetiffieRts en written request ef either the 0,'A"er eF Gentraeter.The Mehiteet's f espense to sueh requests shall be made in ,w4ing within any time limits agf eed upen er. § 9.26.4.4 lntef:pfetatiens and deeisiens of the Arehiteet shall be eensis4ent with the intent of afid f:easenably infef able deeisions,the Aaehitec4 shall fiet show pat4iality te eithef,and shall net be liable fef restilts of inteFpf:etations of deeisiefis readefed in geed faith.The Arehiteet's deeisiens en mattefs FeIpAing te aesthefie effeet shall be filial if eensistent with the intent o ed in the GN4P Tl..,...ment& 9.26.5 SUBMITTALS 9.26.5.1 The Mehiteet shall f:eview the Gentraeter's submittal sehedule,ifany,and shall fiet URFeasenably delay ef withhold appfavah The AizehitecWs aeti " . . —submitWs shall be taken in aeoerdanee with the appFeved suffieient time in the AFehiteet's pfef�ssiefialjudgfneat to permit adequate review. take ether appFepr-iate aefien upen the Gantraetef:'s submittals sush as Shep Drawings,Preduet Data and Samples,but ef ether infertnafien sueh as difnensiatis, Eltiantities,afid installation er peFfOf-fflanee ef equipment ef:systems,whieh pfeeedures.The Ar-ehiteet's approval of a speeifie item shall not ifidiea4e appfeval afam assembly ef whieh the item is £1 eeHil39H2nt. eeffifleations by a design pfefessienal related te systerns,materials of equipment,the Arehiteet shall speeib,th te peffeffflafiee and design eriteria thm sueh serviees must satisf�.The Mehiteet shall feview shep drawings that bear sueh pfef�ssienal's sea!and signature when subfflitted te the Arehiteet.The Mehiteet shall be entitled to rely infeffnation shall ifielude,at a minimum,a detailed AT-itten statement that indieates the speeffie 9fawifigs er f:equests shall be made in Nwiting within a"y time limits agreed upea, OF ethefwise with Feasenable premptness. 1 4-r-i en. § 9.26.5.5 The Mehiteet shall fflaintain a Feeefd ef subfflittals afld eepies ef submittals supplied by the Gentfaeter in ARTICLE 40 CLOSEOUT IT PHASE 10.1 PROACT COMPLETION 10.1.1 The Afehiteet shall eenduet inspeetiens to detefmine the date OF dates of Substantial Gempletion and the dat Deouments and assembled by the GeRtFaGtOF;and issue a final Gef4ifieate Cof Payment based upen a final inspeetien Additions and 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 reproduction or distribution of this AIO Document, 33 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/2812013 under Order No.9337327172_1 which expires on 05/2312014,and is not for resale. User Notes: (728126802) § 10.1.2 Substantial Gempletim is the stage in the progress of the Work when the W60i of designated POF68H theree is suffleiently eemplete in aeeefdaiiee with the GN4P Doeuments so that the Owner ean eeetipy or utilize the Work fe its ..tended § 10.1.3 The Arehiteet's inspeefiens shall be eendueted with the O%ner to eheek eenfermanee ef the NNIME with th items to be eempleted E)F eaFfeeted P60F te final payment. Failure to inelude an item on sueh list dees not alter th § 10.1.6 Upen feeeipt efthe Gentfaeter's list,the Afehiteet wili make an inspeetion to determine whether the Werk er designated perfien thefeefis substantially eemplete. ifthe Arehiteet's ifispeetien diseleses aft),itefli,whether er net the Ownef ean eeeupy or utilize the WOFIE or designated pekien thereeffer its intended use,the Gentmeter Afehiteo.in stieh ease,the G0n#aetE)F shall then submit a Fequest fOF anether ifispeetion by theAfehiteet to determin Substantial COmpletion, § 10.1.6 When the Wefk ef designated perfien thefeef is substantially eeHiplete,the Arehiteet Will PFepaFe a Gef:fifieate of Substantial Completion tha4 shall establish the date ef Substantial Gemplefien,shall establish e shall fix the time within whieh the Gentraetef shall fitiish all items en the list aeeempanying the GeFtifieffte.A'affanfies e shall infefm the O"ef:abeut the balatiee of the Gentfae4 Sum remaining te be paid the Contra e ifany,te redtiefien in or partial felease efretainage or the fnaking effinal pa5qMent; e feeeipts,feleases afid waivef:s efliefis er bonds indemnibring the Owner against liens;afid(3)any ether doeumentatiefi«.. ..ed of the Ge«t..e..te f tinder the!`_N4P rlo..uments_ e e § 10.1.9 The Gei4ifiea4e ef Substantial Gempletion shall be submitted to the 0,Affief mid Getitraetei:fef their ATittefl the&Aiier shall tnake payment effetainage applying te sueh WME er desigiieAed peffieft thefeefi. Stieh pelyffient shall R 10.2 FINAL COMPLETION AND FINAL DAYII EN upen reeeipt E)fa final Appliett4ien fef Payment,the�4ehiteet will pfemptly make sueh inspeetien and,whe pfemptly issue a final Gertifioate fef Payffiefit stming that te the best efthe belief,Emd en the basis efthe Atfehiteet's en site visits and inspeefiens,the Werk has been eempleted in tteeerdane with teFms and eenditions efthe GMP Peeuments and that the entire balanee feend to be due the Gentfaetell:and noted in the final Gerfifiea4e is due and payable.The Mehiteet's final Certifieate fef P"eat will eeasfitt4e a 4114 representation that eendifiens listed in Seefien 10.2.2 as preeedent to the GentraeteF's being entitled to finai paymen have been fiilfifled. e Additions and Deletions Report for AIA Document A295TM—2008.Copyright m 2008 by The American Institute of Architects.All rights reserved.WARNING: This AIA'T Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA` Document, 34 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05123/2014,and is not for resale. User Notes: (728126802) § 10.2.2 Neithef filial payment I . .ng retained per-eentage shall beeeme due unfil the Genty-aeter submits te the AlFrahiteet(1)afi affidavit tha4 payfells,bills for materials and equipment,and othei:indebtedness eenfleeted Peetiments to Fefflain in feree aftef final payment is oufFently in effeet and will not be eaneeled @F allowed to tifitil at least 30 days' prier Yffitten tiefiee has been giveii te the QN"eF,(3)a writ4efi statement that the Gentfaetef knews of ne substantial Feasen that the insuffiflee will net be renewable te eevef the pefied Fequired by the GN4-P Doeuments,(4)raefisent of stiFety, if any,to final payment afid(5),ifFequired by the ON"ef,ether data estab ishing lien ineludifig all meet...and r able.,ti..meys' Fes § 10.2.3 if-,aftef:Substafltial Gempletien ef the WeFk,final eempletien thereef is meAerially deletyed threeo fie fault balanee for Werk not full),eempleted eF eerfeeted is less than Fetainage stipulated in the GN4P Deetiments,and4f bonds have been furnished,the vffitten eensent of surety to p"ent ef the balanee due fer-that portion of the Werk payment. Sueh p"efit shall be made under!eFFAs and eendifiefis governing final payment, exeept that it shall § 10.2.4 The making of final payment shall eenstitute a waiver-ef Claims by the Omffier exeept these wising .1 liens,Claims,seeurity intefests or-eneumbrmees afising out of the Gentraet and§ 10.2.5 Aeeeptanee ef final payment by the Geatfaeter,a Stibeefitfaetef er fflatefial supplier shall eeasfitti4e aAeivef ef elaims by that payee emeept these previeusly fflade in mTiting and identified by that payee as unsettled a4 the time of , § 11.1.1 The Owner may 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 OCIP is not expected to include any Workers'Compensation insurance coverage o_professional liability insurance coverage The OCIP 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 the Contract and for which the Contractor may be legally liable,whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable: § 11.1.2 The insurance required by Section I I.I.I shall be written for not less than limits of liability specified in the below 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 the Contractor's completed operations coverage,until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the GMP Deeum ents.Documents or until the end of the Colorado statute of repose,whichever is longer. Additions and Deletions Report for AIA Document A295T"—2008.Copyright O 2008 by The American Institute of Architects.All rights reserved.WARNING: This AIA"Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document, 35 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/2812013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) § 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 the 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 revised""nits er claims paid under the General Aggregate,er betl shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability-liability,excess and automobile coverage required by the GMP Contract Documents to include(1)the Owner,*h et-,the Engineer and the ^~ TEngineer's consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations;and(2)the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed epermi misvoaerations. 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 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 the Owner. .2 Commercial General Liability insurance with minimum limits of TWO MILLION DOLLARS ($2,000,000.00)each occurrence and THREE MILLION DOLLARS($3,000,000.00)aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage(including completed operations),personal injury(including g overage 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 insurance with minimum combined single limits for bodily iniury and properly 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 Excess liability insurance with not less than THREE MILLION DOLLARS($3,000,000.00)each occurrence and THREE MILLION DOLLARS($3,000,000.00)aggregate,excess of the Commercial General Liability and Automobile policies. .5 Contractor's Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000)each claim and ONE MILLION DOLLARS ($1,000,000 rg e agate. § 11,1.6 Failure to maintain insurance: Failure on the part of the Contractor to procure or maintain policies providing the required coverages,conditions,and minimum limits shall constitute a material breach of contract upon which Owner may immediately terminate this contract, or at its discretion Owner may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith,and all monies so paid by Owner shall be repaid by Contractor to Owner upon demand, or Owner may offset the 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 policy and any endorsement thereto. § 11.1.8 Governmental 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 Additions and Deletions Report for AIA Document A295TM—2008.Copyright 02008 by The American Institute of Architects.All rights reserved.WARNING: This AIA'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAO' Document, 36 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) Governmental Immunity Act Section 24-10-101 et sea.,CRS 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 the Owner is a member of the Colorado Intergovern- mental Risk Sharing Agency(CIRSA)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 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 24 § 11.3.1 Unless otherwise provided,the 9-Aner Contractor shall purchase and maintain,in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located,property insurance written on a builder's risk"all-risk" or equivalent policy form in the amount of the initial Contract Sum,plus value of subsequent Contract Medi€ieatien&-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 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 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^re" V-s-Engineer's and Contractor's services and expenses required as a result of such insured loss. § 11.3.1.2 if the 0,Affief does net intend to ptif ehase sueh pf epeft�,instif anee require'b- e Gentf aet and with M ef th-e of the Work.The GentFaetef rnay then eMet insuf anee that will ffatee4 the interests ef the Gentraetef,Subeentr aetef s- and Sub subeentmetefs in the Work,and by apprepriate Change Order 4he eost thereof shall be ehafged te the Owner, abeve,witheut so netif�,iag the Gentmaer in wFifing,then the Owner shall bear all Feasenable eests pFepeF!y attributable therete. § 11.3.1.3 If the property insurance requires deductibles,the 9,AffieFContractor shall pay costs not covered because of such deductibles. The Owner 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,Contractor,Subcontractors and Sub-subcontractors in the Work,and the Owner and Contractor shall be named insureds. The Owner,at the Owner's option,may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards,however caused.The Owner waives all Fights of aetieri hazards however eatised. Additions and 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 reproduction or distribution of this AIO Document, 37 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy,the ^ shall,if pessibl >Contractor may include such insurance,and the cost thereof shall be ehaFged te the Gentraetor by appropriate Change Order.submitted to the Owner for a determination regarding incorporating the cost into the GMP. § 11.3.5 if during the"eet eenstruetion period the-GA"er insures properties,real or personal or both,at er adjaeea4 to the site by ee under polieiea-sepafate from these instif ing the Projeet,or if after final payrnen PFejec4 during the eeastfuefie"eFied,the 0-Aaer shall waiN,e a4+ight54n-&eeer.danee with the term.s o All Seetion al 1.3.7 fer darnages eaused b) fife er other eauses of less eevered by this separate prepeft),imufanee, separate pelieies shall provide thiswaiver ef subrega4ien by endorsement er E th erwi .Before an exposure to loss may occur,the Contractor shall file with the Owner a copy of each policy that includes insurance coverages required by this Section 11.3.Each policy shall contain all generally applicable conditions,definitions,exclusions and endorsements related to this Proiect 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. § 11.3.6 that inelludes inqurn�pte t-ever-ages required by this Seetion 11!.3.Eneh 1"ey shall eontain 11 generally appleeable eenditions,definitions,exelusions and endorsements related to this Pr-ojeet. Efteh polie), eo-tain a provision that the-� Ail!not be eaneeled or allowed to e kpire,and that its fiffiitS Will Ift redueed,until at least 30 days' prier wiritten netiee has been given to t reWAIVERS 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 Engineer Engineer's consultants,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 then have to proceeds of such insurance held by the Owner.The Owner or Contractor,as appropriate shall require of the Engineer Engineer's consultants 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 subrogation by endorsement or otherwise.A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.7 WAIVERS OF SUBROGATION ia Seetien 9.20,ifarty, and an),eftheir Stibeentfaeters, Sub stibeentraeters,agents and employees, for damages eaused by fife or other eatises efloss to the extent eevefed b),property insuFanee obtained pursuaritto this Seetion 11.3 or other property insufanee applieable to the Work,exeept sueh-fights,-a�hEvve te pfeeeeds of sueh insufanee held eeasultants,separate eontfae4ers deseribed in Seetion 9.20,if any,and the Subeentfaeters,Sub subeentraetefs,agent eaeh in fievef efethef parties enuffiefated herein.The pelieies shall provide sueh waivers efstibregation by endersernent or otherwise. A waiver of subregatien shall be effeetive as to-a pefsen of entity even thetigh that per.sea or entity would etherwise have a duty of inderrinifieation.-eentraetual of otherwise,did not pay the difeetly or indifeetly,and whether or riet the person or eat , had an insurable interest in the prepefty A loss insured under the Contractor's property insurance shall be adjusted by the Owner in good faith and made payable to the Owner for the insureds as their interests may appear,subiect 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 A less insured Under the OyaieF's property insuranee shall be adjusted by the Owner a�fidueiff"n"ade payable to the Owner as fidueiary for the insureds,as their interests may appear,subjeet to-re-quifernents of any Additions and Deletions Report for AIA Document A295TM—2008.Copyright(D 2008 by The American Institute of Architects.All rights reserved.WARNING: This AIA"'Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" Document, 38 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) applieable mef4gagee elause and of Seetien 11.3.10.The Centfaeter shall pay SubeeRtFaeteFS their just shafes 0 The Owner shall deposit in a separate 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 the Work in accordance with Section 9.21. § 11.3.9 , give bend fef preper peffefmanee of the Clymer's duties.The eest efrequifed beiids shall be ehafged against preeeeds damaged PlFapei4y shall be perfer-med by the GentFaeter after notifioation Of a Change in Q+e aes-e-rdaneewith ceetienTThe 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. § 11.3.10 The Ownef as fidueiar-y shall have pewef to adjust and settle a less with insurers unless ene of the paf4ies in objection is made,the dispute shall be reselved in the manner seleeted by the Owner and Centraeter as the methed e binding dispute reseltition in the Agreement. ifthe 0"ffleil:and G8f1ItFaet0F have seleeted ffbitra4ien as the method a binding dispute reseltitien,the&Affief as fidueiary shall make set4lefliefit wiIh insurers ef,in the ease efa dispt4e evef § 11.4.1 The Contractor shall furnish bonds covering faithful performance of the Contract and payment of obligations arising thefeundef as stipulated in bidding requirements or thereunder,each in the amount of the full Contract Sum. Upon acceptance of the Guaranteed Maximum Price by the Owner and execution of the GMP Amendment,such bonds shall be provided in an amount equal to the Guaranteed Maximum Price. Such bonds shall be issued by a surety company licensed in Colorado,with an A.M. Best rating of at least A-, included on the U.S.Treasury Department's listing of approved sureties,and acceptable to the Owner. PAGE 25 § 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 may be required by the Owner,at the Owner's sole discretion,from subcontractors. If the Owner requests performance and payment bonds from subcontractors,then the Owner will pay such actual,additional expenditures as Cost of the Work. § 11.4.5 The Contractor shall also furnish maintenance bonds as required under the GMP Documents. PAGE 26 § 12.3.2 No action or failure to act by the Owner, ^n,e iteerEngineer 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. Additions and Deletions Report for AIA Document A295T'—2008.Copyright 02008 by The American Institute of Architects.All rights reserved.WARNING: This AIA`'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"Document, 39 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) § 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 the appropriate public authority, and shall bear all related costs of tests,inspections and approvals.The Contractor shall give the "n,ehiteeEn ig_neer timely notice of when and where tests and inspections are to be made so that the "m ehiteet Engineer may be present for such procedures.The Owner shall bear costs of(1)tests,inspections or approvals that do not become requirements until after bids are received or negotiations concluded,and(2)tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 12.4.2 If the "~�eet-,-Engineer,Owner or public authorities having jurisdiction determine that portions of the Work require additional testing,inspection or approval not included under Section 12.4.1,the ^~ t-Engineer 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 " '>�t-Engineer of when and where tests and inspections are to be made so that the ^rehiteet-En ig neer 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 "- Engineer'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 A~ eet-.En ig neer. § 12.4.5 If the ^hiteet-Engineer is to observe tests, inspections or approvals required by the GMP Documents,the "rn�et-Engineer will do so promptly and,where practicable,at the normal place of testing. PAGE 27 Payments due and unpaid under the GMP Documents shall bear interest from the date payment is due at stieh fate as the pai4ies may agFee upen in wFiting er,in the absenee thereof-, at the legal rate pFevailiag from time te time at th 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 retainase withheld due to incomplete or defective Work. The Owner and Contractor shall commence all claims and causes of action,whether in contract,tort,breach of warranty or otherwise,against the other arising out of or related to the Contract in accordance with Article 13 within the time period specified by applieable law,but in any ease not inefe than 10 years after the date E)f Substan Completion ef the Werk.Colorado 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 Arehiteet,if the.4ehiteet is net sefving as the initial D Engineer.Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim,whichever is later. § 13.1.2.1 Claims against the Owner shall be in the form of a written notice containing the name and address of the claimant and the name and address of the attorney,if any'a concise statement of the basis of the claim,including the date time place and circumstance of the act omission or event complained of a concise statement of the nature and extent of the injury claimed to have been suffered-, and a statement of the amount of monetary damages that is being requested. Additions and 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 reproduction or distribution of this AIA'Document, 40 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) Pending final resolution of a Claim,except as otherwise agreed in writing or as provided in Section 9.23.7 and Article 7 of the Owner-Contractor Agreement,the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the GMP Documents.The A rehitee-Engineer will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 13.1.4.1 In no event shall adjustment to the Contract Sum be made for conditions of which the Contractor knew or should have been known, or which would have been noticed by a Contractor of similar experience pursuant to on-site inspection,by conditions referenced in any other inspections or tests concerning the site which have been made available to the Contractor,which have been performed by the Contractor or its subcontractors,or are part of the GMP Documents used in constructing the improvements. PAGE 28 The Gefitfaetef and 0,Affief waive Glaifns against eaeh ether fer eensequential damages afising out of er relating te th perseas;and O-Anef Gefitfaeter-AgFeement.Nothing eentained in this Seetion 13.1.6 shall be deemed to preelude an aWaFd e liquidated damages,iNJien appheable,ifi 1166OFdanee with the requirements of the GN4P • §13.1.5.3 Extensions of the Contract Time for delays due to weather conditions may be made only when such conditions are more severe and extended than those reflected by the ten-year average for the month as evidenced by the Colorado Climate Data maintained by Colorado State University,Fort Collins,Colorado,or other data as mutually weed 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 nearest whole calendar day. The extension of the Contract Time for weather conditions will occur only in the event that the weather in question impacted activities on the critical path of the Contractor's current Construction Schedule. § 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 meet-Engineer will serve as the Initial Decision Make~ •niess otherwise indieated in the Owner Gentfaeter Agreement. Maker. Except for those Claims excluded by this Section 13.2.1,an initial decision shall be required as a condition precedent to mediation of any such Claim arising prior to the date final payment is due,unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree,the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 13.2,5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim,or indicating that the Initial Decision Maker is unable to resolve the Claim.This initial decision shall(1)be in writing;(2)state the reasons therefor; and(3)notify the parties and the ^~ ,En tg'neer if the ^mot-Eagineer is not serving as the Additions and Deletions Report for AIA Document A295TO—2008.Copyright m 2008 by The American Institute of Architects.All rights reserved.WARNING: This AIA`Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIO Document, 41 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) Initial Decision Maker,of any change in the Contract Sum or Contract Time or both.The initial decision shall be final and binding on the parties but subject to mediation and,if the parties fail to resolve their dispute through mediation,to binding dispute resolution. PAGE 29 § 13.3 MEDIATION AND LITIGATION § 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 ling dispute resel force the terms of this Agreement shall be in Pitkin County District Court, State of Colorado. § 13.3.2 The parties shall endeavor to resolve their Claims by mediation which,unless the parties mutually agree otherwise,shall be administered by the Amefieati ArbitFatien Asseeiatiei Judicial Arbiter Group,Denver,Colorado, in accordance with its-Construction Industry Mediation Procedures in 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 Contract,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing ofd dispute r° eltitien p Y °°ai ng,litigation but,in such event,mediation shall proceed ' advan°°of binding dispute feselutien gs within 60 days from the date of filing, unless stayed for a longer period by agreement of the fates p>eeeediffg-s-- ark ties. § 13.3.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the plaee where the Projeet is leemed,Unless anether leeafieft is mutually agreed upen.Agfeements Aspen,Colorado. Written Agreements executed by the parties,reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 13.4 ARBITRATION § 13.4.1 Any Claim subjeet te,but net reselved by,mediation shall be subjeet to Eff bitratien whieh,unless the Owne A demand fef afbitratien shall be made in Nwiting,delivered te the other parties, and filed with the person er efitit), administefing the afbitfatien.The pafty filing a netiee ef demand fer afbitfa4ien must assert in the dememd all Glaim-s then luiewn to th t ..t. hieh arbitra4ien is it4ed to be demanded. § 13.4.1.1 A defiiand fef afbitfafiefl shall be made ne eaflier than eeneuffentb,with the filing ef a fequest fer ffiedifftien,but in ne event shall it be made after the da+e when the institutien of legal er equitable pf:eeeedings based en the Glaiffi would be barfed by the applieable statute of limitatiens.For statute ef limitation ipt ef legal of equitable pfeeeedings based en the Claim. § 13.4.2 The award Fendef ed by the af bitf atOf eF af bitrateFs shall be final,and judgment may be enteFed upon it in § 13.4.3 The fi9f egeing agreement te afbitf ate and ethef agFeefnents te aFbitf ffte with m addifienal pef son er entity duly any ,rt hayingj isdietion tl,°ef § 13.4.4 CONSOLIDATION OR jQINDE 0-mier Gentf aetef Agf eement with any other arbitratiefi to whieh they are a pai4y pf evided that(1)the af bitf miefl Additions and Deletions Report for AIA Document A295-—2008.Copyright©2008 by The American Institute of Architects.All rights reserved.WARNING: This AIA'`' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA` Document, 42 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) ether- Re in Eluestion net de fibed in the m:tto ARTICLE 14 OWNER'S ADDITIONAL SPECIFIC CONCERNS § 141 Notwithstanding the above the Owner has a unique set of stakeholders with which the Owner must cooperate and coordinate The Contractor shall cooperate with the Owner and the Owner's stakeholders throughout the Proiect when requested by the Owner. 1 The Contractor shall participate once per month in a progress meeting with the Owner, including a walk-through of the site. 2 The Owner may request tours from time to time of the project and the site. The Contractor shall indicate in writing when such activity will be permitted and when the site is off limits. These requirements shall be coordinated through the Engineer. ARTICLE 15 Illegal Aliens—CRS 8-17.5-101 8r 24-76.5-101 § 151 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 n 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 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. 2 "Department program"means the employment verification program established pursuant to Section 8-17.5-102(5)(c). 3 "Public Contract for Services" means this Agreement. 4 "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. § 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 that new employees are not illegal aliens. § 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 Additions and Deletions Report for AIA Document A295TM—2008.Copyright 02008 by The American Institute of Architects.All rights reserved.WARNING: This AW Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"Document, 43 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 16:57:49 on 05128/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) 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 eli fg'bility 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. .4 Contractor shall not use the either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. .5 If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien,Contractor shall: .1 Notify such subcontractor and the Owner within three days that Contractor has 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 Contractor shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. .6 Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102(5),C.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.R.S.the Owner may terminate this Agreement. If this Agreement is so terminated,Contractor shall be liable for actual damages to the Owner arising out of Contractor's violation of Subsection 8-17.5-102,C.R.S. § 13.4.4.3:Phe 0,Afflef and Genticaetef grant to an),person of entity made a paFty to an aFbitra4iefi eendtie4ed under this- Seefien 13.4,whether byjeinder er eanselidafieH,the same fights efjeifider and eenselideAien as the Ownef an Additions and Deletions Report for AIA Document A295TM—2008.Copyright 02008 by The American Institute of Architects.All rights reserved.WARNING: This AIA"Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA'D Document, 44 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AA software at 16:57:49 on 05/28/2013 under Order No.9337327172_1 which expires on 05/23/2014,and is not for resale. User Notes: (728126802) Certification of Document's Authenticity AW Document D401Im — 2003 I,Janet Lawler McDaniel,hereby ccrtif},,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 16:59:22 on 05/28/2013 under Order No.9337327172 I from AIA Contract Documents software and that in preparing the attached final dOCUtllent I made no changes to the original text of AIAk Document A 1 95711—2008. Standard Form of Agreement Between Owner and Contractor for Integrated Project Delivery,as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) --- ---- (Date ) AIA Document D401""-2003.Copyright m 1992 and 2003 by The American Institute of Architects.All rights reserved.t-t F MNG Thi<air, 0uc-kw�c ?+, 1>rotCGteit try L,S Copynw,t Lair and t"t _-rd t ,,r c,,(this AIA o=?=fy pci;.,n:"it. in SPVGn2( VsI an(6 crinwtai pon'Wlt, ,.3ttd r.at,i,e im) ,..d,u W-n;ta1(.IU(xi i;,cS .t,i, ;aatlb wio-,#h.';I,—, This documentwas produced byAlA software at 16 5912 on 05/28/2013 under Order No.9337327172_1 which expires on 0512312014,and is not for resale. User Notes: (1129475930) Client#:470 RIDERLEVE ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY) PRODUCER T9/05/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey,Renton$Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Oakland,CA 94604-2675 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 510 465-3090 INSURERS AFFORDING COVERAGE INSURED Rider Levett Bucknall Ltd. INSURERA: American Automobile Ins.Co. 4343 East Camelback Road,Suite 350 INSURER B: ACE American Insurance Company Phoenix,AZ 85018 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. FNSR TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICE EXnPVIRpTION LIMITS A GENERAL LIABILITY AZC80866077 09/12/12 09/12/13 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $1,000,000 CLAIMS MADE OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,0009000 GENERAL AGGREGATE s4,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: POLICY X PC LOC PRODUCTS-COMP/OPAGG $4 000 000 T . A AUTOMOBILE LIABILITY AZC80866077 09/12/12 09/12/13 X ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS X NON-OWNED AUTOS BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY AZC80866077 09/12/12 09/12/13 EACH OCCURRENCE $4000000 X OCCUR EI CLAIMS MADE AGGREGATE $4+000'000 MIT DEDUCTIBLE RETENTION $ A WORKERS COMPENSATION AND WZP81003055 09/17/12 09/17/13 X TVC STATU- ER- $ EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1,000,000 E.L.DISEASE-EA EMPLOYEE $1,000,000 B E.L.DISEASE-POLICY LIMIT $1,000,000 OTHER Professional 624871861004 09/01/12 09/01/13 $5,000,000 per Claim Liability $5,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability Policy excludes claims arising out of the performance of professional services. FOR PROPOSAL PURPOSES.ACTUAL CERTIFICATE WILL BE ISSUED AT THE REQUEST OF THE NAMED INSURED. CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: _ CANCELLATION 10 Days for Non-Payment SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ===SAMPLE CERTIFICATE=== DATE THEREOF, THE ISSUING INSURER WILL X)ROW&JO OMAIL30_DAYS WRITTEN NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT,BX)0a%XpIX"XjMAKX LXX INPJ06 Xl®UQ AUTHORIZED REPRESENTATIVE 1 7- 1,'-° ACORD 25-S(7/97)1 of 1 #S381151/M380925 NMF 0 ACORD CORPORATION 1988 Rider Levett Bucknall Ltd. AZC80866077 EXCERPTS FROM: Fireman's Fund ABC MULTICOVER—AB 91 89 08 07 THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: AMERICAN BUSINESS COVERAGE 2. Blanket Additional Insured Section II —Liability Coverage, Part I. Who Is An Insured, Item 2. is amended to include: f. Any person or organization that you are required by a written insured contract to include as an insured, subject to all of the following provisions: (1) Coverage is limited to their liability arising out of: (a) the ownership, maintenance or use of that part of the premises, or land owned by, rented to, or leased to you; or (b) your ongoing operations performed for that insured; or (c) that insured's financial control of you; or (d) the maintenance, operation or use by you of equipment leased to you by such person(s) or organization(s) 4. Blanket Waiver of Subrogation Section II —Liability Coverage, Part K. Liability and Medical Payments General Conditions, is amended to include: 6. Transfer or Rights of Recovery Against Others to us and Blanket Waiver of Subrogation b. If required by a written insured contract, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your operations or your work for that person or organization. 19. Common Policy Conditions (AB 00 09 A 01 87), Part H. Other Insurance, Item 2 is replaced with: 2. Coverage C—Liability If other valid and collectible insurance is available to any insured for a loss we cover under Coverage C of this Coverage Part our obligations are limited as follows: a. The insurance provided under this policy is primary if you are required by a written insured contract to include any person or organization as an insured, but only with respect to that insured's liability arising out of the ownership, maintenance, or use of that part of the premises owned by or rented to you, or your work for that insured by or for you. Any other insurance available to that person or organization is excess and noncontributory with this insurance. EXCERPT FROM: PROPERTY/LIABILITY POLICY --AB 90 00 12 93 II. K. 5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought.