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HomeMy WebLinkAboutagenda.council.regular.202009081 AGENDA CITY COUNCIL REGULAR MEETING September 8, 2020 5:00 PM, City Council Chambers 130 S Galena Street, Aspen I.CALL TO ORDER II.ROLL CALL III.SCHEDULED PUBLIC APPEARANCES IV.CITIZENS COMMENTS & PETITIONS (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) City of Aspen invites you to join this Webex meeting: +1-720-650-7664 Meeting number (access code): 126 824 8542 Meeting password: 81611 V.SPECIAL ORDERS OF THE DAY a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports VI.CONSENT CALENDAR (These matters may be adopted together by a single motion) VIA.Resolution #072, Series of 2020 - Aspen Ice Garden Sanitary Sewer Replacement Project VIB.Resolution #078, Series of 2020 - Contract for General Contractor Services Burlingame 3 Housing Development VIC.Draft Minutes of August 25th, 2020 VII.NOTICE OF CALL-UP 1 2 VIII.PUBLIC HEARINGS VIIIA.Resolution #076, Series of 2020 - Policy Resolution, Vacation Rental Business License Regulations IX.FIRST READING OF ORDINANCES IXA.Ordinance #13, Series of 2020 - Vacation Rental Business License Regulations IXC.Ordinance #14, Series of 2020 - Isis Theater Building - Debt Refinancing IXB.Ordinance #15, Series of 2020 - Supplemental - APCHA and Other Component Units X.ACTION ITEMS XI.EXECUTIVE SESSION C.R.S.4-6-402.(a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; except that no executive session shall be held for the purpose of concealing the fact that a member of the local public body has a personal interest in such purchase, acquisition, lease, transfer or sale; (b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. Mere presence or participation of an attorney at an executive session of the local public body is not sufficient to satisfy the requirements of this subsection (4)(e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators. Topics: Cooper Street Pier Deed Restriction The Centennial Owners’ Association, v. The City of Aspen, et al. Case No.: 2015CV030158 Frontier, LLC v. City of Aspen, Case No.: 2019 CV 030060 Burlingame Ranch II Condominium Owners Association, Inc. v. the City of Aspen Arbitration, and City of Aspen v. Burlingame Ranch II Condominium Owners Association, Case No.: 2020CV30055 Lee Mulcahy, Sandy Mulcahy, Shawn Cox, Amanda Tucker, Tiffany Chin, Ned Carter, v. City of Aspen, et al., Case No.: 2020CV15 XII.ADJOURNMENT 2 MEMORANDUM TO: Mayor and City Council FROM: PJ Murray, Project Manager THROUGH: Pete Rice, PE, Division Manager Trish Aragon, PE, City Engineer MEMO DATE: August 31, 2020 MEETING DATE: September 8, 2020 RE: Aspen Ice Garden Sanitary Sewer Replacement Project Resolution #072, Series of 2020 REQUEST OF COUNCIL: Staff recommends Council approve the Aspen Ice Garden Sanitary Sewer Replacement Project Contract with The Aspen Digger Inc. in the amount of $107,288.74 and a 20% contingency of $21,457.75. BACKGROUND: The sanitary sewer service connection to the Aspen Ice Garden has been identified as critical for replacement by staff. The goal of this project is to replace approximately 60 linear feet of sanitary sewer service pipe serving the building. During the investigation phase of the project, staff camera-ed the line to investigate issues relating to discharge. The camera footage indicated that the service line is in poor condition that could lead to a failure soon. If failure occurs, the facility would require an unanticipated shut down and would impact staff and users of the facility. The scope of work also includes replacing the delivery and access concrete pad to the east of the building as this area is in poor condition and a portion of it will be disturbed for the instillation of the sanitary sewer service line. DISCUSSION: The Aspen Ice Garden Sanitary Sewer Replacement Project is a collaboration between the Capital Assets Department, Engineering Department and Ice Garden Facility Managers. Engineering is the acting project manager for the service line replacement. The work is proposed for Fall 2020 while the facility is temporarily closed which will minimize disruptions to the staff and community members using the Ice Garden. In Spring 2020, this project went under contract, however the selected contractor was not able to perform due to scheduling conflicts so as a result this project was rebid. The project was bid with a base bid scope of work that included the sanitary sewer service replacement (and associated work) and included an alternate to replace the aging concrete pad. The bid deduction shown in the bids will be utilized to keep the project within the budget tasked to the original scope of replacement of the sanitary sewer. The concrete pad will be replaced at a later date. 3 RECOMMENDED CONTRACTOR: The Aspen Ice Garden Sanitary Sewer Replacement Project was advertised for bid on July 29, 2020. Four bids were received and opened on August 13, 2020. Bids were received from four contractors are summarized below: Contractor: Base Bid Deductive Alternative The Aspen Digger Inc. $132,607.28 $107,228.74 Excavation Services Inc. $160,315.00 $145,315.00 Phoenix Industries $130,183.00 $122,248.00 Sutsman-Gerbaz, Inc $154,417.90 $139,207.90 The Aspen Digger Inc. was identified by staff as the lowest qualified bidder for the project. FINANCIAL IMPACTS: Requested budget authority is included in the Spring Supplemental packet for this project. The requested resources in the packet equal $134,000 as a placeholder estimate until bids were received. The amount of the contract below, plus contingency, is within the requested authority and any unused appropriation will return to fund balance. Expenditures The Aspen Digger Inc $ 107,288.74 Contingency (000.327.81200.52199.50355) $ 21,457.75 TOTAL $ 128,746.49 PUBLIC OUTREACH: The sanitary sewer service line replacement is essential to the Ice Garden’s operations. Public outreach will not be necessary until construction begins. At that time, construction notices will be distributed to the neighborhood. RECOMMENDATIONS: Staff recommends Council approve the Aspen Ice Garden Sanitary Sewer Replacement Project contract with Dream Builders, Inc. in the amount of $107,288.74. PROPOSED MOTION: “I move to approve Resolution No. 72, Series of 2020” CITY MANAGER COMMENTS: ____________________________________________ ______________________________________________________________________ ______________________________________________________________________ ATTACHMENT - Resolution #072, Series of 2020 ATTACHMENT A - Contract with The Aspen Digger Inc. ATTACHMENT B - Aspen Ice Garden Sanitary Sewer Replacement Project Design by Roaring Fork Engineering 4 RESOLUTION #072 (Series of 2020) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND ASPEN DIGGER INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for the Aspen Ice Garden Sanitary Sewer Replacement Project between the City of Aspen and Aspen Digger Inc., a true and accurate copy of which is attached hereto as Attachment “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the contract for the Aspen Ice Garden Sanitary Sewer Replacement Project, between the City of Aspen and Aspen Digger Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the 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 25th day of August 2020. Torre, Mayor I, Nicole Henning, 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, August 25, 2020. Nicole Henning, City Clerk 5 Aspen Ice Garden Sanitary Sewer Replacement Project ________________________________________________________________________ CC5-971.doc Page: 1 CONTRACT FOR CONSTRUCTION (Short Form) THIS CONTRACT, made and entered into on August 25, 2020, by and between the CITY OF ASPEN, Colorado, hereinafter called the “City”, and Aspen Digger Inc, hereinafter called the “Contractor”. THEREFORE, in consideration of the mutual covenants and Contracts herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto hereby agree as follows: 1.Construction of Project. Contractor agrees to furnish all labor, materials, tools, machinery, equipment, temporary utilities, transportation and any other facilities needed therefor, and to complete in a good, workmanlike and substantial manner the Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit “A” which is incorporated herein as if fully set forth (the “Project”). 2.Plans and Specifications; Compliance with Laws. The Project is to be constructed and completed in strict conformance with the Scope of Work and/or Proposal appended hereto for the same approved in writing by the parties hereto. The Project shall also be constructed and completed in strict compliance with all laws, ordinances, rules, regulations of all applicable governmental authorities, and the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4- 08-040. Contractor shall apply for and obtain all required permits and licenses and shall pay all fees therefor and all other fees required by such governmental authorities. 3.Payments to Contractor. In consideration of the covenants and Contracts herein contained being performed and kept by Contractor, including the supplying of all labor, materials and services required by this Contract, and the construction and completion of the Project, City agrees to pay Contractor a sum not to exceed $107,288.74 (One Hundred Seven Thousand Two Hundred Eighty Eight Dollars and Seventy Four cents) or as shown on Exhibit “A”. 4. Commencement and Completion. Contractor agrees to commence work hereunder immediately upon execution hereof, to prosecute said work thereafter diligently and continuously to completion, and in any and all events to substantially complete the same not later than October 31, 2020, subject to such delays as are permissible under the “Extension of Time for Completion” section of this Contract. 5. Payment of Bills and Charges. Contractor shall pay promptly all valid bills and charges for material, labor, machinery, equipment or any other service or facility Appendix A DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C 6 Aspen Ice Garden Sanitary Sewer Replacement Project ________________________________________________________________________ CC5-971.doc Page: 2 used in connection with or arising out of the Project, and shall obtain periodic releases from all subcontractors and material suppliers supplying labor or materials to the Project concurrently with Contractor's delivering any payment to such subcontractors and material suppliers. Contractor shall indemnify and hold City and City's officers, employees, agents, successors and assigns free and harmless against all expenses and liability suffered or incurred in connection with the claims of any such subcontractors or material suppliers, including but not limited to court costs and attorney's fees resulting or arising therefrom; provided that Contractor shall be excused from this obligation to the extent that City is in arrears in making the payments to Contractor. Should any liens or claims of lien be filed of record against the Property, or should Contractor receive notice of any unpaid bill or charge in connection with construction of the Project, Contractor shall immediately either pay and discharge the same and cause the same to be released of record, or shall furnish City with the proper indemnity either by title policy or by corporate surety bond in the amount of 150% of the amount claimed pursuant to such lien. 6.Releases. Contractor shall, if requested by City, before being entitled to receive any payment due, furnish to City all releases obtained from subcontractors and material suppliers and copies of all bills paid to such date, properly receipted and identified, covering work done and the materials furnished to the Project and showing an expenditure of an amount not less than the total of all previous payments made hereunder by City to Contractor. 7.Hierarchy of Project Documents. This Contract and the Proposal or Scope of Work appended hereto as Exhibit “A” are intended to supplement one another. In case of conflict, however, this Contract shall control both. 8.Changes in the Work. Should the City at any time during the progress of the work request any modifications, alterations or deviations in, additions to, or omissions from this Contract or the Proposal/Scope of Work, it shall be at liberty to do so, and the same shall in no way affect or make void this Contract; but the amount thereof shall be amortized over the remaining term of this Contract and added to or deducted, as the case may be, from the payments set forth in Paragraph 3 above by a fair and reasonable valuation, based upon the actual cost of labor and materials. This Contract shall be deemed to be completed when the work is finished in accordance with the original Proposal or Scope of Work as amended or modified by such changes, whatever may be the nature or the extent thereof. The rule of practice to be observed in fulfillment of this paragraph shall be that, upon the demand of either City or Contractor, the character and valuation of any or all changes, omissions or extra work shall be agreed upon and fixed in writing, signed by City and Contractor, prior to performance. 9.Contractor's Failure to Perform. Should Contractor, at any time during the progress of the work, refuse or fail to supply sufficient material or workmen for the expeditious progress of said work or fail to perform any other provisions of this Contract, City may, upon giving notice in writing to Contractor as provided herein and upon Contractor's failure to remedy any such failure within 3 days from receipt of such notice, terminate this Contract and provide the necessary material and workmen to finish the work and may enter upon the Property for such purpose and complete said work. The DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C 7 Aspen Ice Garden Sanitary Sewer Replacement Project ________________________________________________________________________ CC5-971.doc Page: 3 expense thereof shall be deducted from the payments remaining under Paragraph 3 above, or if the total cost of the work to City exceeds the amount of such remaining payments, Contractor shall pay to City upon demand the amount of such excess in addition to any and all other damages to which City may be entitled. In the event of such termination, City may take possession of all materials, equipment and appliances belonging to Contractor upon or adjacent to the Property upon which said work is being performed and may use the same in the completion of said work. Such termination shall not prejudice or be exclusive of any other legal rights which City may have against Contractor. 10.Extension of Time for Completion. Time is of the essence of this Contract and Contractor shall substantially complete the work during the time provided for herein. However, the time during which Contractor is delayed in said work by (a) the acts of City or its agents or employees or those claiming under Contract with or permission from City, or (b) the acts of God which Contractor could not have reasonably foreseen and provided against, or (c) unanticipated stormy or inclement weather which necessarily delays the work, or (d) any strikes, boycotts or obstructive actions by employees or labor organizations and which are beyond the control of Contractor and which it cannot reasonably overcome, or (e) the failure of City to make progress payments promptly, shall be added to the time for completion of the work by a fair and reasonable allowance. Contractor recognizes, however, that the site of the work is in the Rocky Mountains at a high elevation where inclement whether conditions are common. This fact has been considered by Contractor in preparing its Proposal and or agreeing to the Scope of Work. Furthermore, Contractor shall have the right to stop work if any payment, including payment for extra work, is not made to Contractor as provided in this Contract. In the event of such nonpayment, Contractor may keep the job idle until all payments then due are received. 11.Unforeseen Conditions. It is understood and agreed that Contractor, before incurring any other expenses or purchasing any other materials for the Project, shall proceed to inspect the work site and all visible conditions and that if, at the time of inspection therefor, the Contractor finds that the proposed work is at variance with the conditions indicated by the Proposal, Scope of Work, or information supplied by City, or should Contractor encounter physical conditions below the surface of the ground of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract or inherent in a work site located in the Rocky Mountains, Contractor shall so notify City, and City shall at that time have the right and option to immediately cancel and terminate this Contract or to instruct Contractor to continue the work and add the additional amount attributable to such unforeseen conditions to the payments due Contractor as set forth above. It is agreed that in the event of any cancellation by City in accordance with this section, Contractor shall be paid the actual costs of the work done prior to the time of cancellation. In computing such costs, building permit fees, insurance and such financing and title charges as are not refundable shall be included; provided that supervision time, office overhead and profit shall not be included in such costs to be refunded to Contractor by reason of such cancellation. DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C 8 Aspen Ice Garden Sanitary Sewer Replacement Project ________________________________________________________________________ CC5-971.doc Page: 4 12. Acceptance by City. No payment hereunder nor occupancy of said improvements or any part thereof shall be construed as an acceptance of any work done up to the time of such payment or occupancy, but the entire work is to be subject to the inspection and approval of City at the time when Contractor notifies City that the Project has been completed. 13. Notice of Completion; Contractor's Release. City agrees to sign and file of record within five (5) days after the substantial completion and acceptance of the Project a Notice of Completion. If City fails to so record the Notice of Completion within said five (5) day period, City hereby appoints Contractor as City's agent to sign and record such Notice of Completion on City's behalf. This agency is irrevocable and is an agency coupled with an interest. Contractor agrees upon receipt of final payment to release the Project and property from any and all claims that may have accrued against the same by reason of said construction. If Contractor faithfully performs the obligations of this Contract on its part to be performed, it shall have the right to refuse to permit occupancy of any structures by City or City's assignees or agents until the Notice of Completion has been recorded and Contractor has received the payment, if any, due hereunder at completion of construction, less such amounts as may be retained pursuant to mutual Contract of City and Contractor under the provisions of Paragraph 3 above. 14.Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 15. Insurance. a.The Contractor agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C 9 Aspen Ice Garden Sanitary Sewer Replacement Project ________________________________________________________________________ CC5-971.doc Page: 5 obligations assumed by the Contractor pursuant to the terms of this Contract. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to the terms of this Contract by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. b.Contractor shall procure and maintain, and shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverages listed in the Supplemental Conditions. If the Supplemental Conditions do not set forth minimum insurance coverage, then the minimum coverage shall be as set forth below. Such coverage shall be procured and maintained with forms and insurance acceptable to City. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to the terms of this Contract. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 1.Workmen's Compensation insurance to cover obligations imposed by applicable 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 THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workmen's Compensation requirements of this paragraph. 2.Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00) 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, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. 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 services. The policy shall contain a severability of interests provision. If the Contractor has no owned automobiles, the requirements of this Section 5.4.2.3 shall be met by each employee of the Contractor providing services to the City under this contract. c.Except for any Contractor Liability insurance that may be required, the policy or policies required above shall be endorsed to include the City of Aspen and the City of Aspen's officers and employees as additional insureds. Every policy required above shall DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C 10 Aspen Ice Garden Sanitary Sewer Replacement Project ________________________________________________________________________ CC5-971.doc Page: 6 be primary insurance, and any insurance carried by the City of Aspen, its officers or employees, or carried by or provided through any insurance pool of the City of Aspen, shall be excess and not contributory insurance to that provided by Contractor. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under any policy required above. d.The certificate of insurance provided to the City of Aspen shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City of Aspen prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverage afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City of Aspen. e.In addition, these Certificates of Insurance shall contain the following clauses: Underwriters and issuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of the parties that the insurance policies so effected shall protect all parties and be primary coverage for any and all losses covered by the above-described insurance. To the extent that the City's insurer(s) may become liable for secondary or excess coverage, the City's underwriters and insurers shall have no right of recovery or subrogation against the Contractor. The insurance companies issuing the policy or policies shall have no recourse against the City of Aspen for payment of any premiums or for assessments under any form of policy. Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole risk of the Proposer. Location of operations shall be: "All operations and locations at which work in connection with the referenced project is done." Certificates of Insurance for all renewal policies shall be delivered to the Architect at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Contract or thereafter. e.Failure on the part of the Contractor to procure or maintain policies providing the required coverage, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith. All moneys so paid by City shall be repaid by Contractor to City upon demand, or City may offset the cost of the premiums against moneys due to Contractor from City. DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C 11 Aspen Ice Garden Sanitary Sewer Replacement Project ________________________________________________________________________ CC5-971.doc Page: 7 f.City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 16. Damage or Destruction. If the Project is destroyed or damaged by any accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft or vandalism, any work done by Contractor in rebuilding or restoring the work shall be paid for by City as extra work under Paragraph 8 above. If, however, the estimated cost of replacement of the work already completed by Contractor exceeds twenty (20%) percent of the insured sum set forth in Paragraph 14 above, City shall have the option to cancel this Contract and, in such event, Contractor shall be paid the reasonable cost, including net profit to Contractor in the amount of ten (10%) percent, of all work performed by Contractor before such cancellation. 17. Notices. Any notice which any party is required or may desire to give to any other party shall be in writing and may be personally delivered or given or made by United States mail addressed as follows: To City: City of Aspen PJ Murray 130 South Galena Street Aspen, Colorado 81611 To Contractor: Franz Stone Aspen Digger Inc. 0075 Sopris Ave, Carbondale, CO 81623 subject to the right of either party to designate a different address for itself by notice similarly given. Any notice so given, delivered or made by United States mail, shall be deemed to have been given the same day as transmitted by telecopier or delivered personally, one day after consignment to overnight courier service such as Federal Express, or two days after the deposit in the United States mail as registered or certified matter, addressed as above provided, with postage thereon fully prepaid. 18.Inspections; Warranties. (a) Contractor shall conduct an inspection of the Project prior to final acceptance of the work with City. (b) Contractor shall schedule and cause to be performed all corrective activities necessitated as a result of any deficiencies noted on the final inspection prior to DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C 12 Aspen Ice Garden Sanitary Sewer Replacement Project ________________________________________________________________________ CC5-971.doc Page: 8 acceptance. The costs of material and/or labor incurred in connection with such corrective activities shall not be reimbursed or otherwise paid to Contractor. (c) Contractor shall obtain, at City's expense, third party warranty contracts (to be entered into by City). 19.Licensure of Contractor. Contractor hereby represents and warrants to City that Contractor is duly licensed as a general contractor in the State of Colorado, and if applicable, in the County of Pitkin. 20.Independent Contractor. It is expressly acknowledged and understood by the parties that nothing in this Contract shall result in, or be construed as establishing an employment relationship. The Contractor shall be, and shall perform as, an independent the Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the employee, agent or servant of the City. The City is interested only in the results obtained under the Contract Documents. The manner and means of conducting the Work are under the sole control of the Contractor. None of the benefits provided by the City to its employees including, but not limited to, worker's compensation insurance and unemployment insurance, are available from the City to the employees, agents or servants of the Contractor. The Contractor shall be solely and entirely responsible for its acts and for the acts of the Contractor's agents, employees, servants and subcontractors during the performance of the Contract. THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED PURSUANT TO THE CONTRACT. 21.Assignment. This Contract is for the personal services of Contractor. Contractor shall not transfer or assign this Contract or its rights and responsibilities under this Contract nor subcontract to others its rights and responsibilities under this Contract, and any attempt to do so shall be void and constitute a material breach of this Contract. 22.Successors and Assigns. Subject to paragraph 22, above, this Contract shall be binding on, and shall inure to the benefit of, City and Contractor and their respective successors and assigns. 23.Entire Contract. This Contract contains the entire Contract between City and Contractor respecting the matters set forth herein and supersedes all prior Contracts between City and Contractor respecting such matters. 24.Waivers. No waiver by City or Contractor of any default by the other or of any event, circumstance or condition permitting either to terminate this Contract shall constitute a waiver of any other default or other such event, circumstance or condition, whether of the same or of any other nature or type and whether preceding, concurrent or succeeding; and no failure or delay by either City or Contractor to exercise any right arising by reason of any default by the other shall prevent the exercise of such right while DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C 13 Aspen Ice Garden Sanitary Sewer Replacement Project ________________________________________________________________________ CC5-971.doc Page: 9 the defaulting party continues in default, and no waiver of any default shall operate as a waiver of any other default or as a modification of this Contract. 25.Remedies Non-Exclusive. No remedy conferred on either party to this Contract shall be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy. 26.Governing Law. This Contract shall be governed by, and construed in accordance with, the laws of the State of Colorado. Venue for any action at law or equity shall be Pitkin County. 27.Attorneys' Fees. If either party to this Contract shall institute any action or proceeding to enforce any right, remedy or provision contained in this Contract, the prevailing party in such action shall be entitled to receive its attorneys' fees in connection with such action from the non-prevailing party. 28.Severability. Any provision in this Contract which is held to be inoperative, unenforceable or invalid shall be inoperative, unenforceable or invalid without affecting the remaining provisions, and to this end the provisions of this Contract are declared to be severable. 29.Nondiscrimination. During the performance of this Contract, the Contractor agrees as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, marital status, sexual orientation, being handicapped, a disadvantaged person, or a disabled or Vietnam era veteran. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, sex, age, sexual orientation, handicapped, a disadvantaged person, or a disabled or Vietnam era veteran. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 30.Prohibited Interest. No member, officer, or employee of the City of Aspen, Pitkin County or the Town of Snowmass Village shall have any interest, direct or indirect, in this Contract or the proceeds thereof. 31.Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflict of Interest: a.The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon a Contract or understanding for a commission, percentage, brokerage, or contingency fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C 14 Aspen Ice Garden Sanitary Sewer Replacement Project ________________________________________________________________________ CC5-971.doc Page: 10 b.The Contractor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Contract or to any solicitation or proposal therefor. c.It shall be a material breach of the Contract for any payment, gratuity, or offer of employment to be made by or on behalf of a Subcontractor under a contract to the prime Contractor or higher tier Subcontractor or any person associated therewith, as an inducement for the award of a Subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed under this Contract to give up any part of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal "anti-kickback" statutes or regulations. 32.Payments Subject to Annual Appropriations. If the contract awarded extends beyond the calendar year, nothing herein shall be construed as an obligation by the City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis. It is understood that payment under any contract is conditional upon annual appropriation of funds by said governing body and that before providing services, the Contractor, if it so requests, will be advised as to the status of funds appropriated for services or materials and shall not be obligated to provide services or materials for which funds have not been appropriate. 33.Illegal Aliens – CRS 8-17.5-101 & 24-76.5-101. a.Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. b.Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. b.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 City of Aspen. “Basic Pilot Program” means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C 15 Aspen Ice Garden Sanitary Sewer Replacement Project ________________________________________________________________________ CC5-971.doc Page: 11 in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. “Public Contract for Services” means this Agreement. “Services” means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. c.By signing this document, Contractor certifies and represents that at this time: (i) Contractor does not knowingly employ or contract with an illegal alien; and (ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. d.Contractor hereby certifies that: (i) Contractor shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Contractor shall not enter into a contract with a subcontractor that fails to confirm to the Contractor that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii) Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Contractor does not employ any new employees who are not eligible for employment in the United States; and if Contractor has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Contractor shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C 16 Aspen Ice Garden Sanitary Sewer Replacement Project ________________________________________________________________________ CC5-971.doc Page: 12 (v) If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Contractor shall: (1) Notify such subcontractor and the City of Aspen within three days that Contractor has actual knowledge that the subcontractor has newly employed or contracted 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 cease employing or contracting with the new employee who is an 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. (vi) 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. (vii) 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 City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Contractor’s violation of Subsection 8-17.5-102, C.R.S. (ix) If Contractor operates as a sole proprietor, Contractor hereby swears or affirms under penalty of perjury that the Contractor (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. 34.Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C 17 Aspen Ice Garden Sanitary Sewer Replacement Project ________________________________________________________________________ CC5-971.doc Page: 13 Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. CITY OF ASPEN, COLORADO By: ____________ Title:_________________________ CONTRACTOR: By: __________________________ Title: President_________________ DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C 18 EXHIBIT ADocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C19 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C20 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C21 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C22 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C23 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C24 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C25 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C26 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C27 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C28 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C29 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C30 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C31 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C32 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C33 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C34 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C35 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C36 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C37 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C38 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C39 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C40 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C41 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C42 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C43 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C44 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C45 DocuSign Envelope ID: B82569E3-7592-46DD-BEDF-246D41A33B7C46 OSWWVCOCOCOASPEN ICE GARDENSANITARY SEWER SERVICEREPLACEMENTC-001COVER PAGEROARING FORK ENGINEERING 592 HIGHWAY 133 CARBONDALE COLORADO, 81623 PH: (970)340-4130 F:(866)876-5873CHECKED BY:#DESCRIPTION DATE DRAWN BYCONSTRUCTION DRAWN BY:JOB #:OF 7ASPEN ICE GARDEN ASPEN, COLORADO 2018-17FORSWWAMR1 REVIEW SET 01.30.2019 SWW 2 REVIEW SET #2 03.13.2019 SWW 3 CONSTRUCTION SET 07.24.2020 SWW 47 C-002GENERAL NOTESROARING FORK ENGINEERING 592 HIGHWAY 133 CARBONDALE COLORADO, 81623 PH: (970)340-4130 F:(866)876-5873CHECKED BY:#DESCRIPTION DATE DRAWN BYCONSTRUCTION DRAWN BY:JOB #:OF 7ASPEN ICE GARDEN ASPEN, COLORADO 2018-17FORSWWAMR1 REVIEW SET 01.30.2019 SWW 2 REVIEW SET #2 03.13.2019 SWW 3 CONSTRUCTION SET 07.24.2020 SWW 48 SSOSWWVCOCOC-101EXISTING CONDTIONSROARING FORK ENGINEERING 592 HIGHWAY 133 CARBONDALE COLORADO, 81623 PH: (970)340-4130 F:(866)876-5873CHECKED BY:#DESCRIPTION DATE DRAWN BYCONSTRUCTION DRAWN BY:JOB #:OF 7ASPEN ICE GARDEN ASPEN, COLORADO 2018-17FORSWWAMR1 REVIEW SET 01.30.2019 SWW 2 REVIEW SET #2 03.13.2019 SWW 3 CONSTRUCTION SET 07.24.2020 SWW 49 OSWCOC-102SEWER P&PROARING FORK ENGINEERING 592 HIGHWAY 133 CARBONDALE COLORADO, 81623 PH: (970)340-4130 F:(866)876-5873CHECKED BY:#DESCRIPTION DATE DRAWN BYCONSTRUCTION DRAWN BY:JOB #:OF 7ASPEN ICE GARDEN ASPEN, COLORADO 2018-17FORSWWAMR1 REVIEW SET 01.30.2019 SWW 2 REVIEW SET #2 03.13.2019 SWW 3 CONSTRUCTION SET 07.24.2020 SWW 50 COCOC-103PAVING LAYOUTROARING FORK ENGINEERING 592 HIGHWAY 133 CARBONDALE COLORADO, 81623 PH: (970)340-4130 F:(866)876-5873CHECKED BY:#DESCRIPTION DATE DRAWN BYCONSTRUCTION DRAWN BY:JOB #:OF 7ASPEN ICE GARDEN ASPEN, COLORADO 2018-17FORSWWAMR1 REVIEW SET 01.30.2019 SWW 2 REVIEW SET #2 03.13.2019 SWW 3 CONSTRUCTION SET 07.24.2020 SWW 51 COCOC-104SIDEWALK GRADINGROARING FORK ENGINEERING 592 HIGHWAY 133 CARBONDALE COLORADO, 81623 PH: (970)340-4130 F:(866)876-5873CHECKED BY:#DESCRIPTION DATE DRAWN BYCONSTRUCTION DRAWN BY:JOB #:OF 7ASPEN ICE GARDEN ASPEN, COLORADO 2018-17FORSWWAMR1 REVIEW SET 01.30.2019 SWW 2 REVIEW SET #2 03.13.2019 SWW 3 CONSTRUCTION SET 07.24.2020 SWW 52 OSWWVCOCOC-105EROSION CONTROLROARING FORK ENGINEERING 592 HIGHWAY 133 CARBONDALE COLORADO, 81623 PH: (970)340-4130 F:(866)876-5873CHECKED BY:#DESCRIPTION DATE DRAWN BYCONSTRUCTION DRAWN BY:JOB #:OF 7ASPEN ICE GARDEN ASPEN, COLORADO 2018-17FORSWWAMR1 REVIEW SET 01.30.2019 SWW 2 REVIEW SET #2 03.13.2019 SWW 3 CONSTRUCTION SET 07.24.2020 SWW 53 C-501DETAILSROARING FORK ENGINEERING 592 HIGHWAY 133 CARBONDALE COLORADO, 81623 PH: (970)340-4130 F:(866)876-5873CHECKED BY:#DESCRIPTION DATE DRAWN BYCONSTRUCTION DRAWN BY:JOB #:OF 7ASPEN ICE GARDEN ASPEN, COLORADO 2018-17FORSWWAMR1 REVIEW SET 01.30.2019 SWW 2 REVIEW SET #2 03.13.2019 SWW 3 CONSTRUCTION SET 07.24.2020 SWW 54 Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Chris Everson, Affordable Housing Development Project Manager THRU: Hans de Roos, Capital Asset Director DATE OF MEMO: August 31, 2020 MEETING DATE: September 8, 2020 RE: Resolution #78 of 2020: Burlingame 3 Contract for General Contractor REQUEST OF COUNCIL: Staff is requesting approval of attached Resolution #78 of 2020 and contract for General Contractor Services for the Burlingame Ranch Phase 3 affordable housing development. PREVIOUS COUNCIL ACTION: At a work session on July 6, 2020, staff advised Council that an RFP for GC services for Burlingame 3 had been released and that staff was planning to bring a contract for approval in August 2020. DISCUSSION: The Burlingame 3 design team has submitted the building permit applications as planned, and those are currently under review within the City of Aspen regulatory review process. As submitted for permit, the construction documents are considered 90% complete, and the building permit application review process typically reveals details which may need to be added, clarified and/or modified in order to reach a point where the plans can be considered 100% complete and approved for code-compliance and construction. For a project of this size, the team expects that there may be two or more rounds of comments and re-submission before this part of the effort is complete. Despite the current very large permit application backlog, six months should be time enough for the appropriate adjustments to be made and for permits to be issued. Because of the fast pace of the design development, it was necessary for staff to issue the City’s RFP for General Contractor services when the construction documents were at the 50% complete level of development. Staff also felt it necessary for the RFP to close prior to the July 6 work session with Council so that we would be able to understand market pricing prior to speaking with Council on July 6. In addition to the project’s overall scale and long history as well as the specialty nature of the on-site modular construction assembly, the above two factors may have also contributed as reasons why the City received only one bid for the GC construction services sought. The proposal received was from Shaw Construction, and staff has been performing additional due diligence with Shaw since their initial submittal, to make sure that the proposal from Shaw will be as beneficial as possible to complete the project. Staff felt it was necessary to fully vet the Shaw proposal in a manner equivalent to the level of due diligence which staff would have performed if other bids had been received. First, staff needed to issue the 90% plans to Shaw Construction, and Shaw was able to re -submit a revised proposal to match the up-to-date plan set. In their initial proposal, Shaw pointed out numerous areas which required further definition in order to provide accurate pricing, and these areas were clarified as well. The contract sum in Shaw’s current proposal and in the attached AIA contract documents is $27,581,107.00. Given the use of modular construction at Burlingame 3, it is difficult to compare pricing directly to recent housing developments. If we combine the Guerdon modular contract sum and Shaw’s proposed contract sum for Burlingame 3 and compare that on a square foot basis to the recent construction contracts with Shaw for site-built construction of 45 rental units at the three AHP sites, the Burlingame 3 construction cost is lower by 2% per square foot of livable housing area. This could be explained partly by the use of modular construction, but may also be partly explained by the efficiencies due to Burlingame 3 being a much larger project. Although the original AHP contract pricing was in 2018 and two years have elapsed since, the Burlingame 3 project is twice the size of those projects combined, and the efficiency of working on one 55 Page 2 of 2 large site as compared to working across three small sites seems in this case to outweigh the pace of ongoing year-to-year construction cost increases in Aspen. General Contractor services on the Burlingame 3 project are crucial for the City to be able to execute the modular construction plan and the aggressive schedule sought. It is important to note that the scope of work on this project includes much more than only the construction of buildings, and also includes the construction of roadways with curb and gutter and large areas of permeable pavers, retaining walls, excavation, foundations, parking lots, sewer and water lines, carport parking structures, utility service connections, site walkways, landscape, irrigation and more. In the prior phase of Burlingame, it took approximately 39 months to construct the necessary infrastructure and 82 housing units. In the case of Burlingame 3, and with the use of modular construction, Shaw Construction is prepared to facilitate a 21- month schedule improvement over the prior phase, with construction of infrastructure and 79 housing units scheduled to take about 18 months to construct, from March 2021 to early September 2022. (See schedule in attached proposal from Shaw.) Staff understands the concern over the receipt of only one construction bid on any project, and particularly for a project of this size and critical nature. In the attached written proposal from Shaw Constru ction, numerous projects are listed which describe Shaw Construction as a highly qualified builder. More specifically on recent City of Aspen projects, Shaw Construction has been a worthy partner and has helped the City accomplish numerous goals. On both the City’s current AHP rental housing project and on the City Hall project (both being built by Shaw Construction) Shaw has delivered high-quality construction services with a high level of expertise, reasonability and professionalism – and has even done so throughout a global pandemic. In this case, the Burlingame 3 project would likely be worse off were it not for this proposal from a highly qualified builder such as Shaw Construction. If approved, next steps with Shaw Construction would include a comprehensive preconstruction effort which would allow staff and the design team to work directly with Shaw Construction to review constructability and to perform a value-engineering exercise which could potentially yield additional savings if possible. FINANCIAL/BUDGET IMPACTS: At a work session with City Council on March 2, 2020, staff provided an estimated project budget which totaled $54,656,750.00. Since that time, Council has approved a contract for modular construction with Guerdon LLC and has an opportunity to approve the attached contract for General Contractor services with Shaw Construction. Having both contracts in place will allow staff to reduce the project budget by nearly $4 million. RECOMMENDED ACTION: Staff recommends approval of Resolution #78 of 2020 and the contract for General Contractor services with Shaw Construction for the construction of the Burlingame 3 affordable housing development. CITY MANAGER COMMENTS: ATTACHMENTS: Resolution #78 of 2020, Exhibit A: AIA A102 Contract Between Owner and Contractor (including AIA A201 General Conditions and contract Exhibit A OCIP Addendum, Exhibit B City of Aspen RFP, Exhibit C Shaw Construction Proposal) 56 RESOLUTION #78 (Series of 2020) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND SHAW CONSTRUCTION AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an Owner- Construction Manager agreement between the City of Aspen and SHAW Construction, a true and accurate copy of which is attached hereto as “Exhibit A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the agreement between the City of Aspen and Shaw Construction, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the 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 8th day of September, 2020. Torre, Mayor I, Nicole Henning, 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 September 8, 2020. Nicole Henning, City Clerk 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 REQUEST FOR PROPOSALS General Contractor Construction Services Modular Multifamily Residential Construction Burlingame Ranch Phase 3 Affordable Housing Development Project # 2020-058 CITY OF ASPEN, COLORADO City of Aspen 130 South Galena Street Aspen, CO 81611 (970)920-5000 www.cityofaspen.com Proposals Due: July 2, 2020, 2:00pm (MDT) Issue date: June 8, 2020 72 REQUEST FOR PROPOSALS Sealed proposals will be received at the City of Aspen Purchasing office, through the Bidnet Direct website (www.bidnetdirect.com) until 2:00pm (MDT), July 2, 2020, at which time the proposals will be opened and reviewed, for the following City of Aspen project: 2020-058 GENERAL CONTRACTOR CONSTRUCTION SERVICES BURLINGAME RANCH PHASE 3 AFFORDABLE HOUSING The City of Aspen is the developer of the Burlingame Ranch Phase 3 multifamily affordable housing project. Horizontal construction services sought include grading, excavation, retaining, stormwater facilities, utilities, roadways, foundations, backfill. Vertical services sought include receiving, staging, hoisting, setting, fixturing of factory-constructed building modules. Additional assembly includes MEP and utility connections, construction of roof structures, roofing, exterior building cladding and fascia, trim, access balconies, stairs and decks. Landscape and irrigation including grading, boulder wall retaining, drainage basins, rain gardens, irrigation system installation, planting, turf. Complete RFP documents are available to download at www.bidnetdirect.com. Candidates must be registered to view the bid packages. There is no fee to register. Call 1-800-835-4603 if you need assistance registering. Proposals must be submitted by uploading to the Bidnet Direct website. A pre-proposal conference call will be held at 11:00AM on June 12, 2020. Attendance, at the pre-proposal conference call, is optional. Conference call dial-in number: (605) 313-5109, access code: 225633. 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 accept a late submittal or to waive any technical defects or irregularities in any and all Proposals submitted. Pursuant to the Colorado Open Records Act, C.R.S. Section 24-72-200.1 (CORA), any and all of the documents that are submitted to the City of Aspen may be deemed public records subject to examination and inspection by third parties. The City of Aspen reserves the right, at its sole discretion, to release for inspection or copying any document, plan, specification, proposal or other writing submitted pursuant to this request. Candidates should identify any portion of their proposals which they consider confidential. Discussion may be conducted with responsible Offerors who submit Proposals determined to be reasonably susceptible to be selected for award for purpose of clarification to assure full understanding of, and responsiveness to the solicitation requirements. In addition to price, the evaluation criteria set forth in the RFP shall be considered in judging which Proposal is in the best interests of the City. City of Aspen 130 South Galena Street Aspen, CO 81611 73 City of Aspen RFP #2020-058 General Contractor, Burlingame Ranch Phase 3 Affordable Housing Page 3 TABLE OF CONTENTS 1.0 INTRODUCTION ........................................................................................................................ 4 2.0 PROJECT DESCRIPTION ........................................................................................................... 4 2.1 OWNER’S TEAM ........................................................................................................... 4 2.2 PROJECT SCHEDULE ..................................................................................................... 4 3.0 SCOPE OF S ERVICES ................................................................................................................ 5 3.1 SCOPE OF WORK SUMMARY NOTES ......................................................................... 5 4.0 RFP PROCESS ............................................................................................................................. 8 4.1 COMMUNICATION ...................................................................................................... 8 4.3 PROPOSAL SUBMISSION ............................................................................................ 8 4.4 RFP SC HEDULE .............................................................................................................. 8 4.5 SELECTION CRITERIA .................................................................................................. 8 5.0 PROPOSAL CONTENT AND FORMAT ....................................................................................... 8 5.1 COVER LETTER .............................................................................................................. 9 5.2 FIRM QUALIFICATIONS ............................................................................................... 9 5.3 PROPOSED TEAM QUALIFICATIONS ................................................................................ 9 5.4 SIMILAR PROJECT EXPERIENCE & REFERENCES ...................................................... 9 5.5 SCHEDULE ................................................................................................................... 10 5.6 PROJECT APPROACH ................................................................................................. 10 5.7 GMP FEE PROPOSAL .................................................................................................. 10 6.0 CONTRACTS/LEGAL ................................................................................................................. 11 7 .0 ATTACHMENTS ....................................................................................................................... 11 74 City of Aspen RFP #2020-058 General Contractor, Burlingame Ranch Phase 3 Affordable Housing Page 4 1.0 INTRODUCTION The purpose of this Request for Proposals (RFP) is to solicit written proposals from general contractors who specialize in or have proven capability to construct multifamily modular housing developments. 2.0 PROJECT DESCRIPTION The City of Aspen is developing an affordable housing subdivision at Burlingame Ranch in Aspen, Colorado. Burlingame Ranch is located approximately 2.5 miles northwest of downtown Aspen and can be accessed from CO State Highway 82 by turning West onto Harmony Road and following Harmony Road for approximately 1/2 mile to Burlingame Ranch. The current project consists of 79 for-sale affordable condominiums in 8 multifamily buildings and associated infrastructure. The City of Aspen will contract directly with a modular factory for the dwelling unit modules to be delivered to the site, and the successful general contractor candidate will receive and assemble the modules at the site and complete the construction of each building by installing roof structures, roofing and cladding. In addition to hoisting, setting, stitching and completion of roofs and cladding on the factory-built modular multifamily dwelling facilities, the project also includes all necessary grading, excavation, foundations, utility service lines, curb/gutter, permeable paver areas, stormwater facilities, roadways, parking areas, retaining walls, carport structures, landscape and irrigation systems necessary for integrated completion of the planned residential community at Burlingame Ranch. The existing prior two phases of this subdivision are 100% occupied with full-time residents with many families and children in the neighborhood. Due to the close proximity of Phase 3 construction to the existing Phase 1 and 2 neighborhoods, special care is needed to minimize construction impacts to the existing neighborhoods 2.1 OWNER’S TEAM The Owner’s project development team includes: • City of Aspen staff • Artaic Group – CMa/Owner’s Representative • 359 Design - Design Team including typical subconsultants and modular consultant • Guerdon, LLC – Modular engineering, manufacturing, and supply • General Contractor – tbd per this RFP • Additional third parties to be brought on as needed 2.2 PROJECT SCHEDULE See also section 5.5. Use the following information to create a base bid construction schedule: • Constructability Review Complete By: December 31, 2020 • Permit Receipt: February 2021 • Site Construction Start: March 2021 • Building 8 modules arrive on site: July 5, 2021 (34 modular boxes) • Building 9 modules arrive on site: July 19, 2021 (34 modular boxes) 75 City of Aspen RFP #2020-058 General Contractor, Burlingame Ranch Phase 3 Affordable Housing Page 5 • Building 10 modules arrive on site: August 2, 2021 (20 modular boxes) • Building 11 modules arrive on site: August 16, 2021 (20 modular boxes) • Building 12 modules arrive on site: September 6, 2021 (43 modular boxes) • Building 13 modules arrive on site: September 27, 2021 (34 modular boxes) • Building 14 modules arrive on site: October 11, 2021 (25 modular boxes) • Building 15 modules arrive on site: October 25, 2021 (20 modular boxes) • All buildings assembled, prepped for winter conditions and dried-in: Nov 24, 2021 • Final Completion: Summer 2022 * If there is a more cost- or time-efficient schedule, please propose as an alternate. See Section 5.5. 3.0 SCOPE OF SERVICES The scope of work shall be defined by the attached exhibits, collectively referred to as the RFP Documents. See the list of exhibits in section 7 Attachments. In the event of a discrepancy between the RFP Documents and the scope summary notes below, the RFP Documents shall govern. The scope summary notes below are for the purpose of highlighting certain work and are not meant to represent the full GC scope of services sought in this RFP. 3.1 SCOPE OF WORK SUMMARY NOTES 3.1.1 General 1. Contractor scope of work will generally consist of the requirements within the AIA A102-2017 and the AIA A201-2017 for the purpose of constructing the project defined by the RFP Documents 2. Attend weekly project team meetings plus additional project or community outreach meetings that may become necessary 3. Contractor will be required to openly communicate and proactively manage concerns with the Burlingame Ranch residents and homeowners associations 4. Preconstruction Services: a. Real-time pricing of alternates that may be proposed by the project team or as a result of permit review comments b. Formal constructability review comments, of the 90% CD’s and design revisions through 100% CD’s c. Contractor will be required to submit and adhere to a Construction Management/Mitigation Plan (CMP) approved per City of Aspen regulations, which can be found here: https://www.cityofaspen.com/906/Construction-Mitigation When designing the CMP, it important to note that the project site may be used for laydown, staging and parking as long as there is a way to simultaneously perform the work on the site. It is anticipated that the majority of the work will flow from north to south, with building 8 being completed first and building 15 completed last. Contractor should design an appropriate work plan for the project. d. Work with Owner and project team to provide submittals that may become necessary as part of the building department permit application (ie. Shoring, fugitive dust, state stormwater). 5. Create and manage the detailed construction schedule, coordinated with all project team members. 3-week look ahead schedules will be updated weekly and the full project schedule will be updated monthly with each application for payment. Owner may request more frequent schedule updates and/or recovery schedules. 6. Assist the Owner to coordinate the work of other contractor(s) that may have work on this site. 76 City of Aspen RFP #2020-058 General Contractor, Burlingame Ranch Phase 3 Affordable Housing Page 6 7. Visit the modular factory at a frequency necessary to familiarize and prepare your team for receipt, set, stitch, and finish. 8. Contractor will work with the Owner’s 3rd party inspection and material testing consultants to provide appropriate notification and resolution of any found deficiencies. 9. Quality control is the Contractor’s responsibility. Contractor with work with the Owner’s Representative to coordinate a Quality Control program with the Owner’s Quality Assurance programs and Quality Control programs of other suppliers and/or contractors. 10. Contractor will be expected to assist in utility coordination with the various utility providers with assistance from the Owner’s Representative and Design Team. 11. Communicate and coordinate with the modular supplier’s site construction advisor. 12. The Owner will submit the plans and specification documents to the State of Colorado DFS and Pitkin County for the building permits. The Owner shall bear the cost of these two permits. The successful candidate shall be responsible for submission and cost of any other necessary trade permits. Successful candidate shall be responsible for coordinating all necessary inspections and approvals from governmental agencies having jurisdiction over the project. 13. The successful candidate is responsible for administering and enforcing a project safety program in accordance with local, state, and federal requirements. 14. The successful candidate is responsible for maintaining security of the project area both during and after working hours. The Owner and Owner’s Representative are not responsible for theft, loss or damage to materials, equipment, tools, or personal belongings left on site. 15. The successful candidate shall have full use of the project site for parking, staging, and storage. If, in your opinion, the site is not large enough to safely contain these uses, the cost of any additional temporary parking, carpooling, staging, and storage areas shall be the responsibility of the successful candidate. 16. The candidate’s proposal shall include an allowance for winter protection and winter conditions as deemed necessary by the GC based on the schedule. 17. The successful candidate shall warrant all workmanship and materials, for a minimum of two year after TCO. GC should include necessary maintenance bond for 2-year warranty. 18. The successful candidate shall be required to provide a Payment & Performance bond for the full value of the contract, within their proposal, adjusted accordingly via approved change orders. 19. Contractor to allow for appropriate protection and/or repair of the existing roadways and curb/gutter as necessary. 20. Contractor to comply with current City of Aspen hours of work regulations. 21. Contractor to comply with current City of Aspen noise restrictions. 22. Contractor to include project work area fencing as required under City of Aspen regulations 23. There is to be NO access through Phases I and II. At the entrance to Burlingame Ranch, all construction traffic must make a LEFT TURN ONLY on to Paepcke Road. 24. Utilities are LIVE under the full loop of Paepcke Road – of particular note is the 25kV City electrical main, Holy Cross “Ajax-Highlands” electrical mains and the Aspen City water main. 25. Candidates are encouraged to visit the project site as well as the existing adjacent site to see examples of items such as carport structures, transit stops, mail and trash facilities and parking signage, all which should be included in the candidates bid. 3.1.2 Civil 1. The site requires significant grading, soil prep, and pavement with asphalt, concrete and permeable- pavers. Foundation excavation, stabilization, forming, pouring, finishing, damp-proofing and backfill. Limited remaining sewer main installation. Installation of stormwater service lines, stormwater inlets 77 City of Aspen RFP #2020-058 General Contractor, Burlingame Ranch Phase 3 Affordable Housing Page 7 and associated conveyance lines. Locating water mains, installing water services. Locating and identifying electrical facilities and installing electrical services. Harvesting boulders from grading and excavation for use in construction of boulder retaining walls. 2. Contractor should seek to balance the grading of the site with use of excavated material from building foundations in a way which also flows with the north-to-south work plan. 3. Three main sanitary lines were previously designed by 68West and approved by the Consolidated Sanitary District. Contractor’s installing subcontractor must be pre-certified with the Consolidated Sanitary District and coordinate the necessary inspections, camera verification and letter of acceptance. 3.1.3 Landscape 1. Installation and connection of irrigation system, final grading, planting, seeding, turf installation, flatwork 3.1.4 Architectural 1. Receive and assemble the modules at the site and complete the construction of each building by installing roof structures, roofing and cladding 2. Receiving, staging, hoisting, setting, stitching and completion of roofs and cladding on the factory- built modular multifamily dwelling facilities 3.1.5 Structural 1. Structural connection of building modules, construction of building roof structures 3.1.6 Electrical 1. Solar P/V to be installed on each building with a solar production and net meter for each unit. 3.1.7 Mechanical and Plumbing 1. Each water entry closet requires water service infrastructure per City of Aspen Water Department standards. Sub-metering for each unit is required under current City of Aspen Water Department standards and should be included. 3.1.8 Fire Protection 1. Contractor’s fire protection subcontractor will be required to preinstall a portion of their scope at the Boise, Idaho modular factory and complete the scope on site after erection. Contractor will be responsible to the cost of travel and expenses, as well as coordinating effort with the factory to maintain the project schedule. 3.1.9 Special Instructions 1. The City of Aspen will be providing an Owner Controlled Insurance Program (OCIP). See attached Exhibit B Contract Documents, OCIP Insurance Addendum. 2. Per City of Aspen regulations this project is Sales Tax and Use Tax exempt. 3. Contractor’s GMP shall include 2% construction contingency. Use of the contingency shall be governed by the Contract Documents. 4. Contractor’s proposal must be valid until October 31, 2020 to allow for approvals, contract compilation and issuance of a notice to proceed. 78 City of Aspen RFP #2020-058 General Contractor, Burlingame Ranch Phase 3 Affordable Housing Page 8 4.0 RFP PROCESS 4.1 COMMUNICATION Candidates should post pertinent questions on the Bidnet Direct website, www.bidnetdirect.com, no later than June 16, 2020. Answers will be posted online for all Candidates to review. It is the Candidate’s responsibility to check the website for Q&As, addendums, RFP Clarifications, and other important information. Vendors may contact Tara Nelson at Tara.Nelson@cityofaspen.com or 970-920-5059 for questions about this RFP process. A pre-proposal conference call will be held at 11:00AM on June 12, 2020. Attendance, at the pre- proposal conference call, is optional. Conference call dial-in number: (605) 313-5109, access code: 225633. 4.3 PROPOSAL SUBMISSION Electronic submission is to be uploaded on the Bidnet Direct website, www.bidnetdirect.com. The electronic submission must be compiled into a single PDF document plus the unprotected excel submittal worksheet. The name of the documents must contain the City project number and firm’s name. Proposals are due by: 2:00pm (MDT), July 2, 2020. 4.4 RFP S CHEDULE The City reserves the right to modify the following anticipated RFP schedule: RFP Issued June 8, 2020 Pre-Bid Conference June 12, 2020 RFP Questions Deadline June 16, 2020 Proposals Due July 2, 2020 Final Selection TBD 4.5 SELECTION CRITERIA The criteria for selection shall include, but may not be limited to, the following: Submittal Section Points 5.1 - 5.4 Cover, Qualifications, Experience, References 30% 5.5 - 5.6 Schedule and Project Approach 30% 5.7 GMP Fee Proposal (including evaluation of completeness) 40% TOTAL 100% The City of Aspen reserves the right to modify the scoring criteria at any time without notice. The City of Aspen reserves the right to evaluate any proposal as it deems fit in the best interests of the City of Aspen. 5.0 PROPOSAL CONTENT AND FORMAT Please format your submittal to include the items specifically listed below. Please be thorough in addressing the items but note that the Owner is also looking for a team member that can demonstrate effective and concise communication. In addition to the PDF submittal, please also submit the RFP worksheet as an unprotected Excel file. 79 City of Aspen RFP #2020-058 General Contractor, Burlingame Ranch Phase 3 Affordable Housing Page 9 5.1 COVER LETTER Please provide a brief introduction of your firm. Please also describe what this project means to your company and the expertise you can offer to help the City of Aspen achieve its affordable housing goals. 5.2 FIRM QUALIFICATIONS A. Number of years in business, Main office location, Location of office servicing this project B. Provide a statement of the maximum dollar value for which your firm can be bonded and the amount your firm currently has bonded with a confirmation statement from your bonding company. C. Provide an Accord format Insurance Certificate clearly listing all coverage limits typically carried by your firm. See attached Exhibit B Contract Documents Sub-Exhibit A OCIP Insurance Addendum and provide a statement in this section which states that your firm can meet the requirements described. D. Provide your firm’s Interstate Experience Modification Rate for Workmen’s Compensation Insurance, for the last three years. E. Information regarding any bankruptcy, liens, mediation, arbitration, and/or litigation in which your firm has been involved in the past 3 years (including any that are pending). 5.3 PROPOSED TEAM QUALIFICATIONS A. Provide an organizational structure graphic, for your proposed team, clearly identifying each team member’s roles and responsibilities, for each project phase. B. Provide resumes for all proposed team members (1 page max), including: i. Proposed Role ii. Similar projects in which they were involved, noting the role in which they were involved iii. Clearly state other commitments of this individual throughout this project’s duration iv. Provide three References (Owner, Architect, or Project Manager) Please note, proposed team members are expected to be involved throughout the life of the project and may not be changed without written authorization from the Owner, which will not be unreasonably withheld. 5.4 SIMILAR PROJECT EXPERIENCE & REFERENCES A. Provide three (3) to five (5) examples of similar projects, in progress or completed by your proposed team, in the last 5 years. These projects should demonstrate ‘relevant experience’ as defined below. In no more than one (1) page per project, include the following i. Project Description ii. Approximate project cost iii. Contact information for the Owner and Owner’s Representative (if applicable). iv. Date completed v. Was the project delivered on time and on budget, and if not, why? vi. A description how this project demonstrates relevant experience. 80 City of Aspen RFP #2020-058 General Contractor, Burlingame Ranch Phase 3 Affordable Housing Page 10 B. The selection committee will consider the ‘relevant experience’ of the firm and the specific personnel committed to this project. The Owner’s perception of ‘relevant experience’ includes a combination of the following factors: i. Modular multifamily residential projects ii. Affordable housing projects iii. Public projects iv. Projects in City of Aspen v. Projects in Pitkin County 5.5 SCHEDULE A. Proposed “Base Bid” Schedule: Using the schedule information provided above in section 2.2 Project Schedule, include a proposed base bid project schedule identifying key milestones such as mobilization, submittals, buy-out, site work milestones, building construction milestones, substantial completion, interior punch list, Temp CO, move-in, exterior punch list, Final CO, project closeout, and warranty. Note any project risks and/or opportunities to expedite the work. B. (OPTIONAL) Proposed “Alternate” Schedule: If, in your opinion, the “Base Bid” schedule does not result in the most efficient project or creates unnecessary risk, provide an “Alternate” schedule and explain efficiencies gained or risks which are reduced or other value created by the alternate schedule. Identify cost savings produced by the alternate schedule on the attached submittal worksheet. 5.6 PROJECT APPROACH Include a brief narrative (3-5 pages) which describes each of the following topics: A. Generally describe your proposed Work Plan approach to the physical work on the project B. What software and communication methods are proposed for the project team, neighboring communities, and the project stakeholders? C. Describe your firm’s experience with and your proposed approach to the modular portion of this project. What unique challenges do you anticipate and how will you face those? D. Provide a list of proposed subcontractors to the extent known at this time. Describe your firm’s subcontractor selection and contracting process. E. Describe your approach to ensuring safety both on and off site, and how this relates to the existing occupied Burlingame phases. F. QA/QC: Discuss your firms’ quality control/assurance procedures & protocols 5.7 GMP FEE PROPOSAL A. Complete the RFP worksheet B. Provide a cost estimate detail report, by CSI division, including quantities and unit costs for all direct costs General Conditions, General Requirements, contingencies, fees, overhead, and profit. 81 City of Aspen RFP #2020-058 General Contractor, Burlingame Ranch Phase 3 Affordable Housing Page 11 C. For each direct cost item, identify the source as ‘subcontractor proposal’ or ‘internal estimate.’ D. Provide a list of any and all clarifications, exclusions and assumptions affecting the Candidate’s scope of work (any exclusions should be noted in bold type). E. Provide a complete list of allowances within the proposed GMP and why this is an allowance. 6 .0 CONTRACTS/LEGAL A. The selected candidate will be required to sign final contracts prior to the contracts being presented to Aspen City Council for approval. Proposers must be willing to accept all terms, conditions and language contained with the modified AIA A102 and A201 contract, substantially in the form attached hereto. Proposers may be asked to sign the contract document prior to final selection/award. Proposers may submit objections or proposed amendments to any contract terms, conditions, language. However, the final terms of the contract shall be within the sole judgment and discretion of the City of Aspen, and objections inconsistent with the best interest of the City may be grounds for disqualification from this RFP process or termination of negotiations following an award. B. The selected provider will be required to submit an insurance certificate which demonstrates compliance with the insurance requirements listed in the final contracts. C. 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 accept a late submittal or to waive any technical defects or irregularities in any and all Proposals submitted. The City may communicate directly with a responsible Candidate for purpose of clarification to assure full understanding of, and responsiveness to the solicitation requirements. D. Pursuant to the Colorado Open Records Act, C.R.S. Section 24-72-200.1 (CORA), any and all of the documents that are submitted to the City of Aspen may be deemed public records subject to examination and inspection by third parties. The City of Aspen reserves the right, at its sole discretion, to release for inspection or copying any document, plan, specification, proposal or other writing submitted pursuant to this request. Candidates must identify any portion of their proposals which they consider confidential and provide justification of what materials, upon request, should not be disclosed by the City. Nonetheless, the City is a governmental agency, and as such, records may be subject to disclosure to the public under the Colorado Open Records Act. E. By participating in the City’s procurement process, you are agreeing to the terms and conditions of the procurement process and the legal parameters of doing business with the City without change. 7 .0 ATTACHMENTS The following exhibits are available via the BidNet Direct website. Additional exhibits may be issued as RFP clarifications or addenda in response to candidate questions. Exhibit A: RFP Worksheet (MS Excel) Exhibit B: Proposed Contract (AIA A102-2017, AIA A201-2017, Exhibit A Insurance Addendum) Exhibit C: 50% Construction Documents and Specifications (Dropbox Link) Exhibit D: Modular/GC Scope Demarcation Matrix 82 RFP WorksheetCity of AspenBurlingame Phase 3[enter name][enter date]enter all received (ie #1, #2)DescriptionQuantity Unit Unit Cost Total Cost CommentsSenior Project Manager- Project Manager- Assistant Project Manager- General Superintendent- Project Superintendent- Assistant Superintendent- Project Engineer- Project Administrator- Field Engineer/QC Engineer- General Laborer- Safety Director- Other- Other- Other- Other- Field Office(s) including utilities- On-site Storage- Off-site Storage- Cell Phones and/or Radios- Employee Parking & Transportation- Moving & Subsistence- Travel from Home Office- Office Supplies & Equipment- Computers & Software- Other- Other- Other- Other- Vehicle Expenses and/or Rental - Material Testing By OwnerBy Owner- By OwnerOther- Other- Other- Building Permit By OwnerBy Owner- By OwnerPlan Check Fee By OwnerBy Owner- By OwnerOther Permit Fees - Trade Permits are Cost of the WorkPerformance & Payment Bonds- Maintenance Bond- GC Insurance (see OCIP EXHIBIT)- Other- Other- Other- - Firm NameSubmittal DateRFP Clarifications / Addenda ReceivedTotal General ConditionsGeneral Conditions 83 RFP WorksheetCity of AspenBurlingame Phase 3Unit CostTotal Cost[enter lump sum][enter total from above][enter lump sum] [enter lump sum] -$ [enter %][calculate total][enter %][calculate total][enter %][calculate total][enter value, if applicable] [enter value, if applicable] [enter value, if applicable] -$ [enter %][calculate total]-$ [enter value]Total Value of Allowances withing iGMP proposal [attach allowance log]% for GC Insurance (see OCIP EXHIBIT)Subtotal iGMP% Fee for OH/ProfitTOTAL iGMPPreconstruction Fee (July 2020 - February 2021)General ConditionsGeneral RequirementsDirect Cost of the WorkSubtotal iGMP% for Payment and Performance Bonds% Maintenance BondOther [explain]iGMP SummaryScope ItemOther [explain]Other [explain]CommentsChange Order Markup - Subcontractor (%)Other [explain]Other [explain]COMMENTS100% CD50% CD90% CDMisc. FEES AND MARK UPCOMMENTSOther [explain]PROPOSED CONTRACTOR CONTINGENCY% of GMPChange Order Markup - CM/GC (%) Misc. FEES AND MARK UPTOTAL84 Exhibit C: 50% Construction Documents and Specifications Dropbox Link: https://www.dropbox.com/sh/mvta8ly9s0yu9yi/AACT1zheaX9xKCqhsOt4QANya?dl=0 00 BLDG 8.pdf 00 BLDG 9.pdf 00 BLDG 10.pdf 00 BLDG 11.pdf 00 BLDG 12.pdf 00 BLDG 13.pdf 00 BLDG 14.pdf 00 BLDG 15.pdf 01 CIVIL.pdf 02 LANDSCAPE.pdf 06 1NTERIORS.pdf 08 SPECS.pdf 09 NARRATIVE.pdf SAN SEWER SCOPE BG PHASE3.pdf Additional Information Exhibit A: RFP Worksheet (MS Excel) Exhibit B: Proposed Contract (AIA A102-2017, A201-2017, OCIP Insurance Exhibit) Exhibit C: 50% Construction Documents and Specifications (Dropbox Link) Exhibit D: Modular/GC Scope Demarcation Matrix 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 Document A201® – 2017 General Conditions of the Contract for Construction Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. For guidance in modifying this document to include supplementary conditions, see AIA Document A503™, Guide for Supplementary Conditions. for the following PROJECT: (Name and location or address) Burlingame Ranch Phase 3 THE OWNER: (Name, legal status and address) City of Aspen 130 South Galena Street Aspen, CO 81611 THE ARCHITECT: (Name, legal status and address) 359 Design 3630 Osage Street Denver, CO 80211 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 104 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 2 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES 105 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 3 INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9.10 Approvals 2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2 Architect’s Additional Services and Expenses 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect’s Administration of the Contract 3.1.3, 3.7.4, 15.2, 9.4.1, 9.5 Architect’s Approvals 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect’s Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect’s Copyright 1.1.7, 1.5 Architect’s Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Architect’s Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect’s Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 Architect’s Interpretations 4.2.11, 4.2.12 Architect’s Project Representative 4.2.10 Architect’s Relationship with Contractor 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Architect’s Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 Architect’s Representations 9.4.2, 9.5.1, 9.10.1 Architect’s Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Asbestos 10.3.1 Attorneys’ Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 106 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 4 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Change Orders 1.1.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.2, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 14.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor’s 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 5.4.2, 11.5, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.3.6, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor’s Construction and Submittal Schedules 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 107 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 5 Contractor’s Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1 Contractor’s Liability Insurance 11.1 Contractor’s Relationship with Separate Contractors and Owner’s Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor’s Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor’s Relationship with the Architect 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractor’s Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor’s Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor’s Review of Contract Documents 3.2 Contractor’s Right to Stop the Work 2.2.2, 9.7 Contractor’s Right to Terminate the Contract 14.1 Contractor’s Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor’s Superintendent 3.9, 10.2.6 Contractor’s Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Digital Data Use and Transmission 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor’s 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1 Equipment, Labor, or Materials 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 108 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 6 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner’s 2.2.1, 13.2.2, 14.1.1.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor’s Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner’s Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic’s Lien 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1, 15.4.1.1 Minor Changes in the Work 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 109 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 7 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor’s 3.2, 3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 13.2.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner’s Authority 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner’s Insurance 11.2 Owner’s Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner’s Right to Carry Out the Work 2.5, 14.2.2 Owner’s Right to Clean Up 6.3 Owner’s Right to Perform Construction and to Award Separate Contracts 6.1 Owner’s Right to Stop the Work 2.4 Owner’s Right to Suspend the Work 14.3 Owner’s Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 110 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 8 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements 1.1.1 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor’s Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Architect’s 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and Testing 4.2.6, 12.2.1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub-subcontractor, Definition of 5.1.2 111 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 9 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Time Limits 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 15.1.2, 15.1.3 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1, 1.5, 2.3.6, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2 Weather Delays 8.3, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 112 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 10 ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of Addenda relating to bidding or proposal requirements. § 1.1.2 The Contract The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner and the Architect or the Architect’s consultants, or (4) between any persons or entities other than the Owner and the Contractor, (5) between the Contractor and the Construction Manager. The Owner shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect’s duties. § 1.1.3 The Work The term "Work" means the construction and services required by the Contract 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. The Work may constitute the whole or a part of the Project. § 1.1.4 The Project The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors. § 1.1.5 The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. § 1.1.6 The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 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 performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. § 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the 113 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 11 Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. Where a conflict occurs between or within standards, specifications, and drawings, the more stringent or higher quality requirements shall apply. The precedence and coordination of the Contract Documents are as follows: .1 Addendum and modifications to the Drawings and Specifications take precedence over the original Contract Documents. .2 Should there be a conflict within the Specifications, or within the Drawings, or between the Drawings and Specification, the Architect shall decide which condition will provide the best installation and his/her decision shall be final. .3 The Drawing and Specifications are intended to coordinate with each other. Anything shown on the Drawings but not mentioned in the Specification or vice-versa, shall be furnished as though specifically shown and mentioned in both without any extra charge. .4 The Drawings, for purposes of clearness and legibility, are essentially diagrammatic, and although the sizes and locations of equipment are shown to scale wherever possible, the Contractors, both principal and subcontractors, are required to familiarize themselves with all the Work required by the Contract Documents. Each Contractor shall properly coordinate his/her work with that of all other contractors. It is not within the scope of the Drawings to show all necessary offsets, obstructions or structural conditions. It shall be the responsibility of each Contractor to plan, coordinate, and install his/her work in such a manner so as to conform to the structure. Any conflict within the Drawings shall be referred to the Architect for disposition prior to the installation of any affected work. .5 Figured dimensions contained in the Contract Documents shall be accurately followed, even though they differ from scaled measurements. No work shown on the plans, the dimensions of which are not figured, shall be executed until instructions have been obtained from the Architect as to the dimensions to be used. Larger scale Drawings shall have preference over smaller scale drawings, but discrepancies shall be referred to the Architect for interpretation. § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Contract. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles, or (3) the titles of other documents published by the American Institute of Architects. § 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service § 1.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, except to the extent that they have assigned to the Owner all common law, statutory and other reserved rights, including copyrights. and other reserved rights in their 114 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 12 Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub-subcontractors, and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner, Architect, and the Architect’s consultants. § 1.6 Notice § 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission if a method for electronic transmission is set forth in the Agreement. § 1.6.2 Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery. § 1.7 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.8 Building Information Models Use and Reliance Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The 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. Notwithstanding the previous sentence, or any information in the Contract Documents to the contrary, the original Contract, and the approval of increases in the Contract Sum or Contract Time, and the execution of Amendments and Change Orders to the Agreement shall not be binding on the City without an authorized signature in accordance with the City of Aspen Procurement Code. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative. (Paragraph deleted) § 2.2 Omitted (Paragraphs deleted) § 2.3 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, 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. 115 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 13 § 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture, or an entity lawfully practicing architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 2.3.4 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 Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services. § 2.3.6 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.2.6 The Owner may furnish the services of third party inspection agents who will assist the Owner, as well as conduct inspections and prepare reports during the construction phase. The Contractor shall be required to correct any deficiencies identified by the Owner through the services of such third party inspection agents. § 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. § 2.3 CONSTRUCTION MANAGER § 2.3.1 The Owner shall retain the services of a Construction Manager who will assist the Owner during the Project. The Construction Manager is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Construction Manager" means the Construction Manager or the Construction Manager’s authorized representative. § 2.3.2 The Construction Manager will not be responsible or liable for the acts or omissions of the Architect, Contractor, or any Subcontractor, or any of their agents or employees, or any other person performing any of the Work. § 2.3.3 The Construction Manager shall: § 2.3.3.1 Review all changes proposed by the Contractor, Architect or Owner and make recommendations to the Owner regarding schedule and cost implications; § 2.3.3.2 Schedule and conduct job meetings to be attended by the Contractor and representatives of the Owner and Architect to discuss such matters as procedures, progress, problems and scheduling. Construction Manager shall prepare and distribute minutes of such meetings. § 2.3.4 The Construction Manager shall make a review of the Work at such intervals necessary to discharge its duties to the Owner. § 2.3.5 The Construction Manager shall meet with the Contractor to review and comment on the Contractor’s Construction Schedule. § 2.4 Owner’s Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has 116 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 14 been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.5 Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s and Construction Manager’s additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and Construction Manager. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The 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 under this Contract. The term "Contractor" means the Contractor or the Contractor’s authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or the Construction Manager in the Construction Manager’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor, or by any prior course of conduct with the Owner. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require, with a copy to the Construction Manager. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect, Owner, and Construction Manager any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect and Construction Manager may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as 117 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 15 would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner and Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects to the Contractor’s proposed alternative, the Contractor shall perform the Work using its alternative means, methods, techniques, sequences, or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4. § 3.6 Taxes (Paragraph deleted) 118 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 16 All purchases of construction or building materials shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. The Owner State of Colorado tax identification number is 98-04557. The Owner’s Federal Tax Identification Number is 84-6000563. § 3.7 Permits, Fees, Notices and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor, stating the reasons. If either party disputes the Architect’s determination or recommendation, that party may submit a Claim as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. § 3.8 Allowances § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor for labor, materials and equipment delivered at the site and overhead, profit and all required taxes, less applicable trade discounts; .2 .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 Superintendent § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. 119 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 17 § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the name and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Architect may notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed superintendent or (2) requires additional time for review. Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld or delayed. § 3.10 Contractor’s Construction and Submittal Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner’s and Architect’s information a Contractor’s construction schedule for the Work. The schedule shall contain detail appropriate for the Project, including (1) the date of commencement of the Work, interim schedule milestone dates, and the date of Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, shall submit a submittal schedule for the Architect’s approval. The Architect’s approval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, or fails to provide submittals in accordance with the approved submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 Documents and Samples at the Site The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 Shop Drawings, Product Data and Samples § 3.12.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment, or workmanship, and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. 120 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 18 § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect’s approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such notice, the Architect’s approval of a resubmission shall not apply to such revisions. § 3.12.10 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 Contract 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. § 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional. Shop Drawings, and other submittals related to the Work, designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 3.12.10.2 If the Contract Documents require the Contractor’s design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at the time and in the form specified by the Architect. § 3.13 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 121 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 19 § 3.13.1 Protection of construction materials and equipment stored at the Site from weather, theft, vandalism, damage or all other adversity is solely the responsibility of the Contractor. § 3.13.2 City of Aspen building permit regulations require Contractor to submit a Construction Mitigation Plan (CMP). § 3.13.2.1 All construction traffic to and from the Site shall be managed by the Contractor in accordance with the approved CMP. § 3.13.2.2 Contractor shall be responsible for snow removal from the Site for the purpose of performing and protecting the Work. § 3.13.2.3 Contractor shall erect and maintain a site fence around the perimeter of the Site in accordance with City of Aspen building permit regulations and the CMP. § 3.13.2.4 Contractor shall provide all reasonable protection to prevent damage, injury or loss to all persons at the Site and all property at the Site and adjacent thereto. Contractor acknowledges the Project site is adjacent to an existing neighborhood which will be fully occupied during the performance of the Work. § 3.13.2.5 Contractor is required to obtain and maintain State of Colorado stormwater permit. § 3.13.2.6 Contractor shall be responsible for the mitigation and/or abatement of all noise, dust, erosion, fumes, traffic or other impacts of construction activity to adjacent residents. Such mitigation shall comply with City of Aspen building permit regulations and the CMP. § 3.13.2.7 Contractor shall be responsible for the mitigation and/or abatement of all noise, dust, erosion, fumes, traffic or other impacts of construction activity to adjacent residents. Such mitigation shall comply with City of Aspen building permit regulations and the CMP. § 3.13.2.8 Contractor is responsible for daily mitigation and removal of mud tracked from the Site onto public roadways. § 3.13.2.9 Contractor is responsible for maintaining appropriate behavior by all workers in its charge on the Site. The Owner has the right to demand removal from the Project any personnel deemed at the sole discretion of Owner to engage in offensive or inappropriate behavior. § 3.13.2.10 Contractor shall notify all public utility companies and obtain all pertinent approvals prior to the commencement of any utility-related work. If any existing utility service must be interrupted, Contractor shall provide notice to, and seek written approval from, the local utility provider and shall provide written advance notice to Owner, Construction Manager and Architect as well as to the users of the existing utility service being interrupted. § 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials, rubbish and debris caused by operations under the Contract. At completion of the Work, the Contractor shall remove 122 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 20 waste materials, rubbish, the Contractor’s tools, construction equipment, machinery, and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.15.3 During the performance of the Work, Contractor shall maintain a reasonably clean, safe and efficient working environment throughout the Site so as to facilitate safe and efficient performance of the Work. Haphazard staging of materials and debris which causes work site inefficiency or safety hazards shall be organized and/or cleaned up regularly by Contractor and may be additionally required by Owner so as to facilitate Project efficiency and quality commensurate with industry best practices. § 3.16 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Construction Manager, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees and expert witness fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. In the event Contractor is liable for all or any portion of any claim, damages, losses or expenses, Contractor shall reimburse Owner for its reasonable attorneys’ fees, expert witness fees, and costs incurred that are attributable to Contractor’s pro rata share of liability. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 General § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Architect shall designate in writing a representative who shall have express authority to bind the Architect with respect to all matters related to the Project. The term "Architect" means the Architect and the authorized representative. § 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. 123 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 21 § 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 4.2 Administration of the Contract § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner’s representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 Communications Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Construction Manager and or the Owner’s Project Executive and or Project Manager, with a copy to the Owner and Architect, about matters arising out of or relating to the Contract. Unless notes otherwise in the Contract Documents, the following communication protocols shall be maintained: Architect shall be copied on any communications by and with the Architect’s consultants. Contractor shall be copied on any communications by and with Contractor’s Subcontractors. Owner shall be copied on any communications by and with Owner’s Separate Contractors and Owner’s other third party consultants. The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. § 4.2.5 Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect’s action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve the Contractor of the 124 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 22 obligations under Sections 3.3, 3.5, and 3.12. The Architect’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Contractor shall prepare Proposed Change Orders (PCO’s) which will be reviewed and recommended by the Construction Manager and the Architect prior to submission to the Owner for acceptance. The Architect will prepare Construction Change Directives. The Architect may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying out the Architect’s responsibilities at the site. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either, and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a Separate Contractor or the subcontractors of a Separate Contractor. § 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Construction Manager, and to the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Construction Manager may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Construction Manager, Owner or Architect to reply within the 14-day period shall constitute notice of no reasonable objection. 125 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 23 § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Construction Manager, Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Construction Manager, Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Construction Manager, Owner or Architect has no reasonable objection. If, after the Guaranteed Maximum Price has been established, the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Construction Manager, Owner or Architect makes reasonable objection to such substitution. After receipt of Notice to Proceed and approval of the list of subcontractors and material suppliers, Contractor shall provide written notice to the Construction Manager, Owner and Architect of any proposed Subcontractor substitutions. § 5.2.5 The Contractor shall, after receipt of Notice to Proceed and approval of the list of subcontractors and material suppliers, place orders for all equipment, materials, and supplies required for the Work with reasonable promptness. Contractor shall submit to the Construction Manager evidence that such orders have been placed. § 5.3 Subcontractual Relations By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work that the Contractor, by these Contract Documents, assumes toward the Construction Manager, Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Construction Manager, Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. The Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. The Contractor shall furnish to Owner and Construction Manager copies of all subcontractor agreements upon request. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the 126 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 24 Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner’s Right to Perform Construction and to Award Separate Contracts § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. § 6.1.3 The Owner shall provide through the Construction Manager for coordination of the activities of the Owner’s own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with the Construction Manager, other Separate Contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement with the Construction Manager. The Contractor’s Construction Schedule, as revised, shall then constitute the schedules to be used by the Contractor, Construction Manager, separate contractors and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces, the Owner shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11, and 12. § 6.2 Mutual Responsibility § 6.2.1 The Contractor shall afford the Owner, the Construction Manager, the Architect, and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Construction Manager and the Architect in writing any apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results.. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner’s or separate contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work, except as to defects not then reasonably discoverable through the Contractor’s reasonable diligence. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor’s delays, improperly timed activities, failure to properly protect work in place, damage to the Work, or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor’s delays, improperly timed activities, failure to properly protect work in place, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractor as provided in Section 10.2.5. § 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. 127 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 25 § 6.3 Owner’s Right to Clean Up If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials, debris or haphazardly staged construction materials, the Owner may clean up and the Construction Manager will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 Any increase or decrease to the Contract Time or Schedule resulting from changes to the Contract Documents shall be included in each Change Order. Responses to requests from the Owner, or Claims from the Contractor for an increase in the GMP shall include, if applicable, any request for change of the Contract Time or Schedule and the cost associated therewith. In the absence of an adequately documented request for change of the Contract Time or Schedule included in the request for a Change Order, no subsequent adjustment of the Contract Time or Schedule will be considered relative to such Change Order. § 7.1.3 The total allowable overhead and profit on changes in the Work included in the total cost to the Owner shall be based on the following schedule: .1 For the Contractor, for Work performed by the Contractor’s own forces, the Contractor’s Fee stated in Section 5.1.1. .2 For the Contractor, for Work performed by the Contractor’s Subcontractor, the Contractors Fee stated in Section 5.1.1. .3 For each Subcontractor or Sub-subcontractor involved, for Work performed by that Subcontractor or Sub-subcontractor’s own forces, ten percent (10%) of the cost. .4 For each Subcontractor, for Work performed by the Subcontractor’s Sub-subcontractors, five percent (5%) of the amount due the sub-subcontractor. .5 Cost to which overhead and profit is to be applied shall be determined in accordance with Subsection 7.3.7. 7.1.3 Each Change Order request, Construction Change Directive price, or claim submitted by the Contractor shall be accompanied by a complete itemization and quantification of costs including unit rates, labor costs, materials, quantities, subcontracts and markups. Subcontract pricing shall also be itemized and quantified. § 7.1.4 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. § 7.1.5 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.2 Change Orders § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor, and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.2.2 Notwithstanding anything in the Contract Documents to the contrary, Amendments, Construction Change Directives or Change Orders shall not be binding on the City of Aspen without an authorized signature in accordance 128 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 26 with Title 4 Procurement Code of the City of Aspen. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the following: .1 Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers’ compensation insurance, and other employee costs; .2 Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use, or similar taxes, directly related to the change; and .5 Costs of supervision and field office personnel directly attributable to the change. § 7.3.4.1 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 129 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 27 § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 Minor Changes in the Work The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Prior to issuing a Minor Change, the Architect shall notify the Owner, Construction Manager, and the Contractor of the nature, extent and anticipated time of issuance of the proposed directive. The Architect and Contractor shall make adjustments to the Contract Documents to reflect the proposed directive for the review of the Owner, Architect and Contractor. If the Contractor should determine that the proposed directive will increase the cost and time of completion of the Work, or impact the Contractor’s ability to construct the work in accordance with the revised Contract Documents, then the Contractor shall so notify the Owner, Construction Manager, and the Architect. The Contractor shall not proceed without an approved Change Order or Construction Change Directive. ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.2.4 The Contractor shall begin the Work within five (5) days of the date of commencement in the Notice to Proceed . The Contractor shall carry the Work forward expeditiously with adequate forces and shall achieve Substantial Completion, and Final Completion within the times stated in the Contract Documents. 130 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 28 § 8.2.5 In the event that the Contractor fails, or appears likely to fail, to complete a Contractual Milestone or completion date as evidenced by the latest update of the Contractor’s Construction Schedule, through no fault of the Owner or Architect or Construction Manager, or any of their employees, the Owner shall have the right to impose any or all of the following options: § 8.2.5.1 Within three (3) days of Owner’s written request, Contractor shall provide a Recovery Plan to get back on schedule within ten (10) days. § 8.2.5.1.1 If the Recovery Plan proposed by the Contractor, in the Owner’s opinion, does not reflect completion of the Project by the applicable Contractual Milestone or completion dates in the current Contractor’s Schedule, as adjusted, the Owner and/or Construction Manager may require the Contractor to take any of the actions set forth below and its subsections without additional cost to the Owner, Construction Manager, or Architect, to makeup the lag in scheduled progress. § 8.2.5.2 Require the Contractor to increase its work force, work overtime, and/or extra shifts, and do whatever else is required by the Owner until Contractor gets back on schedule as established by the Contractor’s Construction Schedule (including any updates thereto), such measures being at no extra cost to Owner . § 8.2.5.3 Withhold progress payment in accordance with Section 9.5.1. § 8.2.5.4 Contact or visit any factory, plant or distribution center whose production or delivery schedule may be causing a delay to the scheduled completion of the Work, and expedite same, at Contractor’s expense. § 8.2.5.6 Failure of the Contractor to substantially comply with the requirements of Section 8.2.5 shall be grounds for a determination by the Owner that the Contractor is in breach of this Contract by failing to prosecute the Work to ensure its completion within both the Contract Time and the updated Contractor’s Construction Schedule. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect of the Owner or Architect, Construction Manager, of an employee of either, or of a Separate Contractor; (2) by changes ordered in the Work; (3) by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor’s control; (4) by delay authorized by the Owner pending mediation; or (5) by other causes that the Contractor asserts, and the Architect or Owner determine. This provision shall not affect or limit the Owner’s rights against any party other than the Contractor. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Architect, Owner and Construction Manager, prior to Notice to Proceed and before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect, Owner and Construction Manager may 131 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 29 require. The Schedule of Values shall include a separate line item for monthly updating of the As-Built Record Drawings in electronic format. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment. § 9.3 Applications for Payment § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect and Construction Manager an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor’s right to payment that the Owner, Construction Manager or Architect require, such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment which must be properly labeled with the Project identification, must be in a bonded warehouse, must be available for inspection by the Architect and Construction Manager, and must be accompanied by documentary evidence as to quantity and value of materials, including insurance on the materials as evidenced by a Certificate of Insurance, or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities making a claim by reason of having provided labor, materials, and equipment relating to the Work. Evidence of payment for all work included in previous payments to the Contractor shall be provided in writing from each subcontractor and material supplier. § 9.3.4 As a condition precedent to payment, the Contractor shall demonstrate that the As-Built Record Drawings are updated in electronic format, and the Contractor’s Construction Schedule is updated, through the date of the Application for Payment. § 9.4 Certificates for Payment § 9.4.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner of the Architect’s reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect’s reason for withholding certification in whole as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect’s evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect’s knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract 132 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 30 Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Owner and Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.4.3 Retainage of five percent (5%) will be withheld until Certificate for Substantial Completion is achieved and Final Certificate of Occupancy has been issued and project close out and final Certificate for Payment submitted and deemed complete, all subcontractor lien waivers have been submitted, and project close out has been advertised by the Owner for the appropriate period. § 9.5 Decisions to Withhold Certification § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner with a copy to the Construction Manager as provided in Section 9.4.1. If the Contractor, Construction Manager, and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. .8 contractor’s failure to obtain necessary permits or licenses or to comply with applicable codes, regulations, or other laws; or .9. failure to maintain current As-Built Record Drawings in electronic format; or .10 failure to maintain a current, updated Construction Schedule; or .11 failure of the Contractor to comply with provisions of the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. In the event the Architect nullifies a previously issued Certificate for Payment, and the Owner has, prior to such nullification, paid thereon, the Contractor shall promptly reimburse to the Owner amounts the latter had paid pursuant to the nullified Certificate for Payment. Alternately, the Owner may withhold payment in any subsequent Application for Payment, until the reasons for nullification of the previously issued project Certificate for Payment have been remedied. § 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Architect shall reflect such payment on its next Application for Payment. § 9.5.4 The Contractor shall not stop work or terminate the Contract if the Architect should refuse to issue certification under Section 9.5 or its subsections or any other portion of the General Conditions as supplemented herein. 133 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 31 § 9.5.5 When either party disputes the Architect’s decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.2.1 The Contractor shall not withhold from any Subcontractor sums due the Subcontractor for completed Work which has been paid for by the Owner. Sums withheld by the Owner from the Contractor for deficiencies solely attributable to the Contractor shall not be grounds for the Contractor to withhold sums due to any Subcontractor. § 9.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work, beginning with the second Application for Payment. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. § 9.6.5 The Contractor’s payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 The Project requires a payment bond in the full penal sum of the Contract Sum, therefore Payments received by the Contractor for Work properly performed by Subcontractors or suppliers shall be held in trust by the Contractor for those Subcontractors or suppliers who performed work or furnished materials under contract with the Contractor for which payment was made by Owner. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. § 9.7 Failure of Payment If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Architect, then the Contractor may, upon fifteen (15) additional days’ notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents. 134 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 32 § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect and Construction Manager a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor’s list, the Architect and Commissioning Agent will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect or Commissioning Agent’s inspection discloses any item, whether or not included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect or Commissioning Agent. In such case, the Contractor shall then submit a request for another inspection by the Architect or Commissioning Agent to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for 200% of the value of the Work that is incomplete or not in accordance with the requirements of the Contract Documents. The value of the incomplete or noncompliant Work shall be based on the Cost to the Owner to complete or repair the Work using other Contractors. § 9.8.6 The Contractor shall provide a digital video record of all Owner staff training and commissioning of equipment. These videos will become a permanent part of all Operations and Maintenance manuals. § 9.8.7 The Contractor shall maintain as-built drawings which document actual locations of building components and changes to the original contract documents. The Architect shall furnish a digital set of the Contract Documents to the Contractor for this work as "backgrounds". At Final Completion, Contractor shall transmit complete as-built drawings to Owner. The format of the as-built package shall consist of digital sheets in PDF format and a reasonable up-to-date, readily available CAD format. The specific version of CAD format of the final as-built drawing set shall be agreed among Contractor, Owner, Architect and Construction Manager. The package of as-built digital sheets shall be assembled and paginated in a manner similar to that of the Contract Documents and shall not be haphazardly assembled. As-built Specifications shall be similarly modified and furnished at Final Completion in PDF format. § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of 135 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 33 the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Commissioning Agent, Contractor, and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon receipt of the Contractor’s written notice that the Work is ready for final inspection and acceptance, a Final Certificate of Occupancy has been obtained on each building, and upon receipt of a final Application for Payment, the Construction Manager will schedule the Architect and Owner’s other consultants to promptly make such inspection and, when the Architect and Owner’s other consultants find the Work acceptable under the Contract Documents, the closure of all punch list items, and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) documentation of any special warranties, such as manufacturers’ warranties or specific Subcontractor warranties, and (6) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys’ fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Construction Manager or Architect so confirms, the Owner shall, upon application by the Contractor, or recommendation by the Construction Manager, and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; or .4 inspections or audits performed by the Owner after final payment. 136 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 34 § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub-subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. § 10.2.2 The Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss. § 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the safeguards. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. The Contractor shall not use or store explosives or other hazardous materials or equipment on the Project without the advance written consent of the Owner after 15 (fifteen) days written notice. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3. except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. 137 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 35 § 10.3 Hazardous Materials and Substances § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor’s written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Construction Manager, Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Construction Manager, Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable additional costs of shutdown, delay, and start-up. § 10.3.3 Omitted § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence. § 10.3.6 Omitted. § 10.4 Emergencies In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor’s Insurance and Bonds § 11.1.1 Owner shall purchase and maintain an Owner’s Consolidated Insurance Program (OCIP) to provide insurance coverage as described in Exhibit A OCIP / Insurance Exhibit to this Contract. The OCIP shall not cover any Workers’ Compensation insurance coverage or professional liability coverage. The OCIP coverage and insurance coverage required to be fulfilled by the Contractor and subcontractors is defined in Exhibit A OCIP / Insurance Exhibit to this Contract. § 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. § 11.1.3 Prior to Notice to Proceed, the Contractor shall furnish a copy of the bonds to Owner. 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. 138 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 36 § 11.1.1 The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located such insurance required to be obtained by the Contractor defined in Exhibit A OCIP / Insurance Exhibit to this Contract. Such insurance 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 3.18. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor’s completed operations coverage, until the expiration of the period for the statute of repose for the Work under Colorado law. § 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 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 9.10.2 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 limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Owner, the Construction Manager, and the Architect and the Architect’s consultants as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s completed operations. § 11.1.4 Notice of Cancellation or Expiration of Contractor’s Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 11.1.5 Limits of Insurance: See Exhibit A OCIP / Insurance Exhibit to this Contract for limits of insurance. § 11.1.6 Failure to maintain insurance: Failure on the part of the Contractor to procure or maintain policies providing 139 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 37 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 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- 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. Additionally, Owner shall purchase and maintain an Owner’s Consolidated Insurance Program (OCIP) to provide insurance coverage as described in Exhibit A OCIP / Insurance Exhibit to this Contract. §11.1.10 Deductible: The Contractor shall pay any amounts not covered because of a deductible or as otherwise described in Exhibit A OCIP / Insurance Exhibit to this Contract. § 11.2 Owner’s Insurance § 11.2.1 The Owner shall purchase and maintain an Owner’s Consolidated Insurance Program (OCIP) to provide insurance coverage as described in Exhibit A OCIP / Insurance Exhibit to this Contract. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. When the failure to provide coverage has been cured or resolved, the Contract Sum and Contract Time shall be equitably adjusted. § 11.2.3 Notice of Cancellation or Expiration of Owner’s Required Property Insurance. The Owner shall provide notice to the Contractor of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; and (2) the Contract Time and Contract Sum shall be equitably adjusted. If upon agreement with Owner the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided, the Owner 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 and 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. Such property insurance shall be maintained, unless otherwise provided in the Contract 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 9.10. 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 140 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 38 applicable legal requirements, and shall cover reasonable compensation for Architect’s and Contractor’s services and expenses required as a result of such insured loss. (Paragraph deleted) § 11.3.1.2 Omitted. (Paragraphs 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. (Paragraph deleted) § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 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. (Paragraph deleted) § 11.3.2 BOILER AND MACHINERY INSURANCE The Contractor shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Construction Manager, Contractor, Subcontractors and Sub-subcontractors in 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. § 11.3.5 Omitted. § 11.3.6 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 Article 11. 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. § 11.3.7 Waivers of Subrogation The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect’s consultants, separate contractors described in Article 6, 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 or other property insurance applicable to the Work, 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 Architect, Architect’s consultants, Construction Manager, separate contractors described in Article 6, 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. 141 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 39 § 11.3.8 A loss insured under the Owner’s property insurance shall be adjusted by the Owner 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 agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. § 11.3.9 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 Article 7. § 11.3.10 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. § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 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 on the date of execution of the Contract. 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 forms shall be Performance Bond - AIA Document A312-2010, and Payment Bond – AIA Documents A310-2010, 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 or approves 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. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Architect’s request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Construction Manager or the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner’s expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor’s expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. § 12.2 Correction of Work § 12.2.1 Before Substantial Completion The Contractor shall promptly correct Work rejected by the Architect or Commissioning Agent or failing to conform to the requirements of the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Construction Manager’s, Architect’s and Commissioning Agent’s services and expenses made necessary thereby, shall be at the Contractor’s expense. 142 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 40 § 12.2.2 After Substantial Completion § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within two years after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so. The Owner shall give such notice promptly after discovery of the condition. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.5. § 12.2.2.1.1 Should the warranty issue involve a leak, water ingress, flooding, hazardous material, potential for increased damage to the building, or adversely affect the building occupants, the Contractor must begin to correct the issue immediately to prevent further damage and within 48 hours have rectified the problem, or have a clear work plan for the long term rectification of the issue to comply with the Contract Documents. The Contractor shall provide detailed documentation demonstrating repair or replacement of all warranty items. § 12.2.2.2 The two-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The two-year period for correction of Work shall be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. The obligation to correct the Work shall include any repairs and replacement to any part of the Work or other property that is damaged by the defective Work. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors, whether completed or partially completed, caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the two-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, 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. 143 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 41 § 13.2.2 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 Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 13.3 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 respective persons at the addresses listed below. Owner: City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 Contractor: Sam Meyer President, Western Slope 760 Horizon Drive, #201 Grand Junction, CO 81506 Architect: Will Hentschel 359 Design 3630 Osage Street Denver, CO 80211 (Paragraphs deleted) § 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract 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. § 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. (Paragraphs deleted) § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract 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 Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and 144 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 42 where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner’s expense. § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect’s services and expenses shall be at the Contractor’s expense. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6 INTEREST Interest on amounts ultimately determined to be due to a Contractor or the City shall be payable at the statutory rate applicable to judgments from the date the claim arose through the date of decision or judgment, whichever is later. Aspen Municipal Code Sec. 4.16.070. Interest. § 13.7 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 the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable Colorado law. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment for undisputed amounts properly due within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor’s request, reasonable evidence as required by Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may provide written notice to the Owner and Architect of such condition or failure. If Owner fails to make such payment or correct such condition within fourteen (14) days of receipt of such notice, the Contractor may, upon seven additional days’ written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit on the work completed, and costs incurred by reason of such termination. 145 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 43 § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days’ written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 TERMINATION BY THE OWNER FOR CAUSE (Paragraphs deleted) § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. If a termination by the Owner is subsequently determined to be wrongful, such termination shall automatically be converted to a termination for the Owner’s convenience. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. § 14.2.4.1 If the Owner terminates the Contract for cause under Article 14.2, the amount, if any, to be paid to the Contractor under Section 14.2.4 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as follows: .1 Take the Cost of the Work incurred by the Contractor to the date of termination; .2 Add the Contractor’s Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 4.2.1.1 or, if the Contractor’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner. § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 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. § 14.3.2 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 14.3.1. Adjustment of the Contract Sum shall include an 146 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 44 equitable adjustment of the Contractor’s fee on any services performed or Work completed. 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. § 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work executed. § 14.4.4 In the event of any termination by the Owner, the Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in the Cost of the Work. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 14, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect 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. This Section 15.1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. (Paragraphs deleted) § 15.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Construction Manager, including Claims under section 3.2.4. Claims by either party must be initiated within 14 days after occurrence of the event giving rise to such Claim or within 14 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3 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. (Paragraphs deleted) 147 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 45 § 15.1.4 Continuing Contract Performance § 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker’s decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. § 15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.5.1 In no event shall adjustment to the Contract Sum be made for conditions of which the Contractor knew or should have 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 Contract Documents, or which could have been reasonably inferred from the Contract Documents. § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 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. § 15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, Contractor shall, within five (5) days after the onset of any delay, notify the Owner in writing substantiating that weather conditions had an adverse effect on the Project Schedule’s critical path activities.. (Paragraphs deleted) § 15.1.6.3 The Project Schedule assumes the critical path will be impacted by an aggregate of twenty (20) days (Weather Days). A Weather Day is any day that a critical path activity was suspended for more than 5 hours, within a single day, due to inclement weather conditions. Contractor shall log Weather Days in their daily reports and once the Owner has agreed the Weather Day is approved, will maintain a log of acknowledged Weather Days within the weekly OAC meeting minutes. Extensions of the Contract Time for delays due to weather conditions may be made only when the aggregate of Weather Days exceeds twenty (20) days. . 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. §15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes 1. damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and 2. damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit.. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements in the Contract Documents. § 15.2 Initial Decision § 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be 148 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 46 referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker,. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any 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. § 15.2.2 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. § 15.2.3 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. § 15.2.4 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 the 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. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or 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. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of receipt 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 30 days after receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 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. § 15.2.8 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. § 15.3 Mediation § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.7, 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. § 15.3.2 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 its Construction Industry Mediation Procedures in effect on the date of the 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. 149 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 47 The request may be made concurrently with the filing of litigation proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties. § 15.3.3 Either party may, within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute, demand in writing that the other party file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to file for binding dispute resolution within 60 days after receipt thereof, then both parties waive their rights to binding dispute resolution proceedings with respect to the initial decision. § 15.3.4 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) § 15.4 LITIGATION § 15.4.1 Litigation. This Contract, and all matters interpreting it and arising under it shall be enforced in, and all parties do now submit to, the exclusive jurisdiction and venue of the District Court, City and County of Pitkin, State of Colorado, in the event of any litigation concerning this Contract, and regardless of where this Contract may be executed. Each party consents to and agrees to file a general appearance in the event that it receives service of process. § 15.4.2 Jury Trial Waiver. To the fullest extent permitted by law, Owner and Contractor specifically waive any right to a trial by jury in any court with respect to any contractual, tortious or statutory claim, counterclaim or cross-claim against the other arising out of or connected in any way to the project or the Contract Documents. The complex commercial and professional aspects of the Contract make a jury determination neither desirable nor appropriate. Contractor shall include this provision in all of its subcontracts and purchase orders. § 15.4.3 Removal Waiver. To the fullest extent permitted by law, Owner and Contractor specifically waive any right to remove any action to United States District Court for the District of Colorado, regardless of the presence of diversity of citizenship among or between the parties. Contractor shall include this provision in all of its subcontracts and purchase orders. § 15.4.4 Attorneys Fees: In the event that either party brings legal action to enforce any provision of this Contract, the prevailing party shall be awarded all of its reasonable costs and expenses, including attorney’s fees, incurred by such party in connection with such action. ARTICLE 16 OWNER’S ADDITIONAL SPECIFIC CONCERNS § 16.1 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 Construction Manager. ARTICLE 17 Illegal Aliens – CRS 8-17.5-101 & 24-76.5-101 § 17.1 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. 150 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 48 § 17.2 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. § 17.3 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. § 17.4 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. 151 Init. / AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 49 .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. 152 Additions and Deletions Report for AIA® Document A201® – 2017 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 15:54:58 ET on 09/01/2020. Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 1 PAGE 1 Burlingame Ranch Phase 3 … City of Aspen 130 South Galena Street Aspen, CO 81611 … 359 Design 3630 Osage Street Denver, CO 80211 PAGE 10 The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner and the Architect or the Architect’s consultants, or (4) between any persons or entities other than the Owner and the Contractor. The Architect Contractor, (5) between the Contractor and the Construction Manager. The Owner shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect’s duties. … The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. Section 15.2 and certify termination of the Agreement under Section 14.2.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. … § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. Where a conflict occurs between or within standards, specifications, and drawings, the more stringent or higher quality requirements shall apply. The precedence and coordination of the Contract Documents are as follows: 153 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 2 .1 Addendum and modifications to the Drawings and Specifications take precedence over the original Contract Documents. .2 Should there be a conflict within the Specifications, or within the Drawings, or between the Drawings and Specification, the Architect shall decide which condition will provide the best installation and his/her decision shall be final. .3 The Drawing and Specifications are intended to coordinate with each other. Anything shown on the Drawings but not mentioned in the Specification or vice-versa, shall be furnished as though specifically shown and mentioned in both without any extra charge. .4 The Drawings, for purposes of clearness and legibility, are essentially diagrammatic, and although the sizes and locations of equipment are shown to scale wherever possible, the Contractors, both principal and subcontractors, are required to familiarize themselves with all the Work required by the Contract Documents. Each Contractor shall properly coordinate his/her work with that of all other contractors. It is not within the scope of the Drawings to show all necessary offsets, obstructions or structural conditions. It shall be the responsibility of each Contractor to plan, coordinate, and install his/her work in such a manner so as to conform to the structure. Any conflict within the Drawings shall be referred to the Architect for disposition prior to the installation of any affected work. .5 Figured dimensions contained in the Contract Documents shall be accurately followed, even though they differ from scaled measurements. No work shown on the plans, the dimensions of which are not figured, shall be executed until instructions have been obtained from the Architect as to the dimensions to be used. Larger scale Drawings shall have preference over smaller scale drawings, but discrepancies shall be referred to the Architect for interpretation. PAGE 11 § 1.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and retain all common law, statutory, except to the extent that they have assigned to the Owner all common law, statutory and other reserved rights, including copyrights. and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights. PAGE 12 § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The 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. Notwithstanding the previous sentence, or any information in the Contract Documents to the contrary, the original Contract, and the approval of increases in the Contract Sum or Contract Time, and the execution of Amendments and Change Orders to the Agreement shall not be binding on the City without an authorized signature in accordance with the City of Aspen Procurement Code. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative. § 2.1.2 The Owner shall furnish to the Contractor, within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic’s lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner’s interest therein. § 2.2 Evidence of the Owner’s Financial ArrangementsOmitted § 2.2.1 Prior to commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended appropriately. 154 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 3 § 2.2.2 Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due; or (3) a change in the Work materially changes the Contract Sum. If the Owner fails to provide such evidence, as required, within fourteen days of the Contractor’s request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped. However, if the request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents. § 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.4 Where the Owner has designated information furnished under this Section 2.2 as "confidential," the Contractor shall keep the information confidential and shall not disclose it to any other person. However, the Contractor may disclose "confidential" information, after seven (7) days’ notice to the Owner, where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s) order. The Contractor may also disclose "confidential" information to its employees, consultants, sureties, Subcontractors and their employees, Sub-subcontractors, and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information. PAGE 13 § 2.2.6 The Owner may furnish the services of third party inspection agents who will assist the Owner, as well as conduct inspections and prepare reports during the construction phase. The Contractor shall be required to correct any deficiencies identified by the Owner through the services of such third party inspection agents. § 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. § 2.3 CONSTRUCTION MANAGER § 2.3.1 The Owner shall retain the services of a Construction Manager who will assist the Owner during the Project. The Construction Manager is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Construction Manager" means the Construction Manager or the Construction Manager’s authorized representative. § 2.3.2 The Construction Manager will not be responsible or liable for the acts or omissions of the Architect, Contractor, or any Subcontractor, or any of their agents or employees, or any other person performing any of the Work. § 2.3.3 The Construction Manager shall: § 2.3.3.1 Review all changes proposed by the Contractor, Architect or Owner and make recommendations to the Owner regarding schedule and cost implications; § 2.3.3.2 Schedule and conduct job meetings to be attended by the Contractor and representatives of the Owner and Architect to discuss such matters as procedures, progress, problems and scheduling. Construction Manager shall prepare and distribute minutes of such meetings. § 2.3.4 The Construction Manager shall make a review of the Work at such intervals necessary to discharge its duties to the Owner. 155 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 4 § 2.3.5 The Construction Manager shall meet with the Contractor to review and comment on the Contractor’s Construction Schedule. PAGE 14 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s and Construction Manager’s additional services made necessary by such default, neglect, or failure. neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and Construction Manager. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. … § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or the Construction Manager in the Construction Manager’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor.Contractor, or by any prior course of conduct with the Owner. … § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. require, with a copy to the Construction Manager. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect Architect, Owner, and Construction Manager any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect and Construction Manager may require. PAGE 15 The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. All purchases of construction or building materials shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. The Owner State of Colorado tax identification number is 98-04557. The Owner’s Federal Tax Identification Number is 84-6000563. PAGE 16 156 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 5 .1 allowances shall cover the cost to the Contractor of for labor, materials and equipment delivered at the site and overhead, profit and all required taxes, less applicable trade discounts; .2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and PAGE 19 § 3.13.1 Protection of construction materials and equipment stored at the Site from weather, theft, vandalism, damage or all other adversity is solely the responsibility of the Contractor. § 3.13.2 City of Aspen building permit regulations require Contractor to submit a Construction Mitigation Plan (CMP). § 3.13.2.1 All construction traffic to and from the Site shall be managed by the Contractor in accordance with the approved CMP. § 3.13.2.2 Contractor shall be responsible for snow removal from the Site for the purpose of performing and protecting the Work. § 3.13.2.3 Contractor shall erect and maintain a site fence around the perimeter of the Site in accordance with City of Aspen building permit regulations and the CMP. § 3.13.2.4 Contractor shall provide all reasonable protection to prevent damage, injury or loss to all persons at the Site and all property at the Site and adjacent thereto. Contractor acknowledges the Project site is adjacent to an existing neighborhood which will be fully occupied during the performance of the Work. § 3.13.2.5 Contractor is required to obtain and maintain State of Colorado stormwater permit. § 3.13.2.6 Contractor shall be responsible for the mitigation and/or abatement of all noise, dust, erosion, fumes, traffic or other impacts of construction activity to adjacent residents. Such mitigation shall comply with City of Aspen building permit regulations and the CMP. § 3.13.2.7 Contractor shall be responsible for the mitigation and/or abatement of all noise, dust, erosion, fumes, traffic or other impacts of construction activity to adjacent residents. Such mitigation shall comply with City of Aspen building permit regulations and the CMP. § 3.13.2.8 Contractor is responsible for daily mitigation and removal of mud tracked from the Site onto public roadways. § 3.13.2.9 Contractor is responsible for maintaining appropriate behavior by all workers in its charge on the Site. The Owner has the right to demand removal from the Project any personnel deemed at the sole discretion of Owner to engage in offensive or inappropriate behavior. § 3.13.2.10 Contractor shall notify all public utility companies and obtain all pertinent approvals prior to the commencement of any utility-related work. If any existing utility service must be interrupted, Contractor shall provide notice to, and seek written approval from, the local utility provider and shall provide written advance notice to Owner, Construction Manager and Architect as well as to the users of the existing utility service being interrupted. … § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish materials, rubbish and debris caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery, and surplus materials from and about the Project. PAGE 20 157 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 6 § 3.15.3 During the performance of the Work, Contractor shall maintain a reasonably clean, safe and efficient working environment throughout the Site so as to facilitate safe and efficient performance of the Work. Haphazard staging of materials and debris which causes work site inefficiency or safety hazards shall be organized and/or cleaned up regularly by Contractor and may be additionally required by Owner so as to facilitate Project efficiency and quality commensurate with industry best practices. … To the fullest extent permitted by law, law the Contractor shall indemnify and hold harmless the Owner, Construction Manager, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, losses and expenses, including but not limited to attorneys’ fees and expert witness fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18.Section 3.18. In the event Contractor is liable for all or any portion of any claim, damages, losses or expenses, Contractor shall reimburse Owner for its reasonable attorneys’ fees, expert witness fees, and costs incurred that are attributable to Contractor’s pro rata share of liability. … In claims against any person or entity indemnified under this Section 3.18 Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts, acts or other employee benefit acts. … § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Architect shall designate in writing a representative who shall have express authority to bind the Architect with respect to all matters related to the Project. The term "Architect" means the Architect and the authorized representative. PAGE 21 § 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. … § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of, of and will not be responsible for acts or omissions of, of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. … 158 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 7 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Construction Manager and or the Owner’s Project Executive and or Project Manager, with a copy to the Owner and Architect, about matters arising out of or relating to the Contract. Unless notes otherwise in the Contract Documents, the following communication protocols shall be maintained: Architect shall be copied on any communications by and with the Architect’s consultants. Contractor shall be copied on any communications by and with Contractor’s Subcontractors. Owner shall be copied on any communications by and with Owner’s Separate Contractors and Owner’s other third party consultants. The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols.Project. … § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect’s action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12. The Architect’s review shall not constitute approval of safety precautions or or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may order The Contractor shall prepare Proposed Change Orders (PCO’s) which will be reviewed and recommended by the Construction Manager and the Architect prior to submission to the Owner for acceptance. The Architect will prepare Construction Change Directives. The Architect may authorize minor changes in the Work as provided in Section 7.4. Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4.Section 3.7.4. PAGE 22 § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying out the Architect’s responsibilities at the site. The Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. … § 5.2.1 Unless otherwise stated in the Contract Documents, the The Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work, including furnish in writing to the Owner through the Construction Manager, and to the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design. Within 14 days of receipt of the information, the Architect may notify the Contractor design) proposed for each principal portion of the Work. The Construction Manager may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Architect to provide notice Construction Manager, Owner or Architect to reply within the 14-day period shall constitute notice of no reasonable objection. 159 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 8 § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Construction Manager, Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Construction Manager, Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Construction Manager, Owner or Architect has no reasonable objection. If If, after the Guaranteed Maximum Price has been established, the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Construction Manager, Owner or Architect makes reasonable objection to such substitution. After receipt of Notice to Proceed and approval of the list of subcontractors and material suppliers, Contractor shall provide written notice to the Construction Manager, Owner and Architect of any proposed Subcontractor substitutions. § 5.2.5 The Contractor shall, after receipt of Notice to Proceed and approval of the list of subcontractors and material suppliers, place orders for all equipment, materials, and supplies required for the Work with reasonable promptness. Contractor shall submit to the Construction Manager evidence that such orders have been placed. PAGE 23 By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work that the Contractor, by these Contract Documents, assumes toward the Construction Manager, Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Construction Manager, Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the The Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. The Contractor shall furnish to Owner and Construction Manager copies of all subcontractor agreements upon request. PAGE 24 § 6.1.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. … § 6.1.3 The Owner shall provide through the Construction Manager for coordination of the activities of the Owner’s own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any the Construction Manager, other Separate Contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules agreement with the Construction 160 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 9 Manager. The Contractor’s Construction Schedule, as revised, shall then constitute the schedules to be used by the Contractor, Separate Contractors, Construction Manager, separate contractors and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces or with Separate Contractors, the Owner or its Separate Contractors forces, the Owner shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11, and 12. … § 6.2.1 The Contractor shall afford the Owner and Separate Contractors Owner, the Construction Manager, the Architect, and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor report to the Construction Manager and the Architect in writing any apparent discrepancies or defects in such other construction that would render it unsuitable for proper execution and results of the Contractor’s Work. Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the Work such proper execution and results.. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner’s or Separate Contractor’s separate contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work. The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not apparent.Work, except as to defects not then reasonably discoverable through the Contractor’s reasonable diligence. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor separate contractor because of the Contractor’s delays, improperly timed activities activities, failure to properly protect work in place, damage to the Work, or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor’s delays, improperly timed activities, separate contractor’s delays, improperly timed activities, failure to properly protect work in place, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor separate contractor as provided in Section 10.2.5. § 6.2.5 The Owner and each Separate Contractor separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. PAGE 25 If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, materials, debris or haphazardly staged construction materials, the Owner may clean up and the Architect Construction Manager will allocate the cost among those responsible. … § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor, and Architect. A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the Architect alone.Any increase or decrease to the Contract Time or Schedule resulting from changes to the Contract Documents shall be included in each Change Order. Responses to requests from the Owner, or Claims from the Contractor for an increase in the GMP shall include, if applicable, any request for change of the Contract Time or Schedule and the cost associated therewith. In the absence 161 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 10 of an adequately documented request for change of the Contract Time or Schedule included in the request for a Change Order, no subsequent adjustment of the Contract Time or Schedule will be considered relative to such Change Order. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work.The total allowable overhead and profit on changes in the Work included in the total cost to the Owner shall be based on the following schedule: .1 For the Contractor, for Work performed by the Contractor’s own forces, the Contractor’s Fee stated in Section 5.1.1. .2 For the Contractor, for Work performed by the Contractor’s Subcontractor, the Contractors Fee stated in Section 5.1.1. .3 For each Subcontractor or Sub-subcontractor involved, for Work performed by that Subcontractor or Sub-subcontractor’s own forces, ten percent (10%) of the cost. .4 For each Subcontractor, for Work performed by the Subcontractor’s Sub-subcontractors, five percent (5%) of the amount due the sub-subcontractor. .5 Cost to which overhead and profit is to be applied shall be determined in accordance with Subsection 7.3.7. 7.1.3 Each Change Order request, Construction Change Directive price, or claim submitted by the Contractor shall be accompanied by a complete itemization and quantification of costs including unit rates, labor costs, materials, quantities, subcontracts and markups. Subcontract pricing shall also be itemized and quantified. § 7.1.4 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. § 7.1.5 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. … § 7.2.2 Notwithstanding anything in the Contract Documents to the contrary, Amendments, Construction Change Directives or Change Orders shall not be binding on the City of Aspen without an authorized signature in accordance with Title 4 Procurement Code of the City of Aspen. PAGE 26 .1 Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers’ compensation insurance, and other employee costs approved by the Architect;costs; … .5 Costs of supervision and field office personnel directly attributable to the change. § 7.3.4.1 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. PAGE 27 162 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 11 § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. Construction Manager. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. … The Architect may has authority to order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an not involving adjustment in the Contract Sum or an extension of the Contract Time. The Architect’s order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Architect’s order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time.extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Prior to issuing a Minor Change, the Architect shall notify the Owner, Construction Manager, and the Contractor of the nature, extent and anticipated time of issuance of the proposed directive. The Architect and Contractor shall make adjustments to the Contract Documents to reflect the proposed directive for the review of the Owner, Architect and Contractor. If the Contractor should determine that the proposed directive will increase the cost and time of completion of the Work, or impact the Contractor’s ability to construct the work in accordance with the revised Contract Documents, then the Contractor shall so notify the Owner, Construction Manager, and the Architect. The Contractor shall not proceed without an approved Change Order or Construction Change Directive. … § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. … § 8.2.4 The Contractor shall begin the Work within five (5) days of the date of commencement in the Notice to Proceed . The Contractor shall carry the Work forward expeditiously with adequate forces and shall achieve Substantial Completion, and Final Completion within the times stated in the Contract Documents. § 8.2.5 In the event that the Contractor fails, or appears likely to fail, to complete a Contractual Milestone or completion date as evidenced by the latest update of the Contractor’s Construction Schedule, through no fault of the Owner or Architect or Construction Manager, or any of their employees, the Owner shall have the right to impose any or all of the following options: § 8.2.5.1 Within three (3) days of Owner’s written request, Contractor shall provide a Recovery Plan to get back on schedule within ten (10) days. § 8.2.5.1.1 If the Recovery Plan proposed by the Contractor, in the Owner’s opinion, does not reflect completion of the Project by the applicable Contractual Milestone or completion dates in the current Contractor’s Schedule, as adjusted, the Owner and/or Construction Manager may require the Contractor to take any of the actions set forth below and its subsections without additional cost to the Owner, Construction Manager, or Architect, to makeup the lag in scheduled progress. § 8.2.5.2 Require the Contractor to increase its work force, work overtime, and/or extra shifts, and do whatever else is required by the Owner until Contractor gets back on schedule as established by the Contractor’s Construction Schedule (including any updates thereto), such measures being at no extra cost to Owner . § 8.2.5.3 Withhold progress payment in accordance with Section 9.5.1. 163 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 12 § 8.2.5.4 Contact or visit any factory, plant or distribution center whose production or delivery schedule may be causing a delay to the scheduled completion of the Work, and expedite same, at Contractor’s expense. § 8.2.5.6 Failure of the Contractor to substantially comply with the requirements of Section 8.2.5 shall be grounds for a determination by the Owner that the Contractor is in breach of this Contract by failing to prosecute the Work to ensure its completion within both the Contract Time and the updated Contractor’s Construction Schedule. § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect of the Owner or Architect, Construction Manager, of an employee of either, or of a Separate Contractor; (2) by changes ordered in the Work; (3) by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor’s control; (4) by delay authorized by the Owner pending mediation and binding dispute resolution; mediation; or (5) by other causes that the Contractor asserts, and the Architect determines, justify delay, then the Contract Time shall be extended for such reasonable time as the Architect may determine.or Owner determine. This provision shall not affect or limit the Owner’s rights against any party other than the Contractor. PAGE 28 Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Architect to the Architect, Owner and Construction Manager, prior to Notice to Proceed and before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment. Any changes to the schedule of values shall be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect, Owner and Construction Manager may require. The Schedule of Values shall include a separate line item for monthly updating of the As-Built Record Drawings in electronic format. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s subsequent Applications for Payment. PAGE 29 § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect and Construction Manager an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor’s right to payment that the Owner Owner, Construction Manager or Architect require, such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents. … § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment which must be properly labeled with the Project identification, must be in a bonded warehouse, must be available for inspection by the Architect and Construction Manager, and must be accompanied by documentary evidence as to quantity and value of materials, including insurance on the materials as evidenced by a Certificate of Insurance, or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage, storage and transportation to the site, site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that making a claim by 164 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 13 reason of having provided labor, materials, and equipment relating to the Work. Evidence of payment for all work included in previous payments to the Contractor shall be provided in writing from each subcontractor and material supplier. § 9.3.4 As a condition precedent to payment, the Contractor shall demonstrate that the As-Built Record Drawings are updated in electronic format, and the Contractor’s Construction Schedule is updated, through the date of the Application for Payment. … § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect’s evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect’s knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Owner and Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.4.3 Retainage of five percent (5%) will be withheld until Certificate for Substantial Completion is achieved and Final Certificate of Occupancy has been issued and project close out and final Certificate for Payment submitted and deemed complete, all subcontractor lien waivers have been submitted, and project close out has been advertised by the Owner for the appropriate period. PAGE 30 § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner with a copy to the Construction Manager as provided in Section 9.4.1. If the Contractor Contractor, Construction Manager, and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of … .7 repeated failure to carry out the Work in accordance with the Contract Documents. .8 contractor’s failure to obtain necessary permits or licenses or to comply with applicable codes, regulations, or other laws; or .9. failure to maintain current As-Built Record Drawings in electronic format; or .10 failure to maintain a current, updated Construction Schedule; or .11 failure of the Contractor to comply with provisions of the Contract Documents. § 9.5.2 When either party disputes the Architect’s decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15.the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. In the event the Architect nullifies a previously issued Certificate for Payment, and the Owner has, prior to such nullification, paid thereon, the Contractor shall promptly reimburse to the Owner amounts the latter had paid pursuant to the nullified Certificate for Payment. Alternately, the Owner may withhold payment in any subsequent Application for Payment, until the reasons for nullification of the previously issued project Certificate for Payment have been remedied. 165 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 14 § 9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously withheld.If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Architect shall reflect such payment on its next Application for Payment. § 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Contractor shall reflect such payment on its next Application for Payment.The Contractor shall not stop work or terminate the Contract if the Architect should refuse to issue certification under Section 9.5 or its subsections or any other portion of the General Conditions as supplemented herein. § 9.5.5 When either party disputes the Architect’s decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15. PAGE 31 § 9.6.2.1 The Contractor shall not withhold from any Subcontractor sums due the Subcontractor for completed Work which has been paid for by the Owner. Sums withheld by the Owner from the Contractor for deficiencies solely attributable to the Contractor shall not be grounds for the Contractor to withhold sums due to any Subcontractor. § 9.6.3 The Architect Construction Manager will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. Work, beginning with the second Application for Payment. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. … § 9.6.7 Unless the Contractor provides the Owner with The Project requires a payment bond in the full penal sum of the Contract Sum, payments therefore Payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held in trust by the Contractor for those Subcontractors or suppliers who performed Work work or furnished materials, or both, materials under contract with the Contractor for which payment was made by the Owner.Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. … If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, Architect, then the Contractor may, upon seven fifteen (15) additional days’ notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents. PAGE 32 166 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 15 § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect and Construction Manager a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor’s list, the Architect and Commissioning Agent will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect’s Architect or Commissioning Agent’s inspection discloses any item, whether or not included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. Architect or Commissioning Agent. In such case, the Contractor shall then submit a request for another inspection by the Architect or Commissioning Agent to determine Substantial Completion. … § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for 200% of the value of the Work that is incomplete or not in accordance with the requirements of the Contract Documents. The value of the incomplete or noncompliant Work shall be based on the Cost to the Owner to complete or repair the Work using other Contractors. § 9.8.6 The Contractor shall provide a digital video record of all Owner staff training and commissioning of equipment. These videos will become a permanent part of all Operations and Maintenance manuals. § 9.8.7 The Contractor shall maintain as-built drawings which document actual locations of building components and changes to the original contract documents. The Architect shall furnish a digital set of the Contract Documents to the Contractor for this work as "backgrounds". At Final Completion, Contractor shall transmit complete as-built drawings to Owner. The format of the as-built package shall consist of digital sheets in PDF format and a reasonable up-to-date, readily available CAD format. The specific version of CAD format of the final as-built drawing set shall be agreed among Contractor, Owner, Architect and Construction Manager. The package of as-built digital sheets shall be assembled and paginated in a manner similar to that of the Contract Documents and shall not be haphazardly assembled. As-built Specifications shall be similarly modified and furnished at Final Completion in PDF format. PAGE 33 § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Commissioning Agent, Contractor, and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. … § 9.10.1 Upon receipt of the Contractor’s written notice that the Work is ready for final inspection and acceptance acceptance, a Final Certificate of Occupancy has been obtained on each building, and upon receipt of a final Application for Payment, the Architect will promptly make such inspection. When the Architect finds Construction Manager will schedule the Architect and Owner’s other consultants to promptly make such inspection and, when the Architect and Owner’s other consultants find the Work acceptable under the Contract Documents Documents, the closure of all punch list items, and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with 167 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 16 the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect, effect and will be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) documentation of any special warranties, such as manufacturers’ warranties or specific Subcontractor warranties, and (6) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys’ fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Construction Manager or Architect so confirms, the Owner shall, upon application by the Contractor Contractor, or recommendation by the Construction Manager, and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. … .4 inspections or audits performed by the Owner, if permitted by the Contract Documents, Owner after final payment. PAGE 34 § 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. The Contractor shall not use or store explosives or other hazardous materials or equipment on the Project without the advance written consent of the Owner after 15 (fifteen) days written notice. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18.Section 3.18. PAGE 35 § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition.in writing. 168 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 17 § 10.3.2 Upon receipt of the Contractor’s written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Construction Manager, Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Construction Manager, Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable additional costs of shutdown, delay, and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity.Omitted § 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall reimburse indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred.Omitted. … § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Owner, Architect, and Architect’s consultants shall be named as additional insureds under the Contractor’s commercial general liability policy or as otherwise described in the Contract Documents.Owner shall purchase and maintain an Owner’s Consolidated Insurance Program (OCIP) to provide insurance coverage as described in Exhibit A OCIP / Insurance Exhibit to this Contract. The OCIP shall not cover any Workers’ Compensation insurance coverage or professional liability coverage. The OCIP coverage and insurance coverage required to be fulfilled by the Contractor and subcontractors is defined in Exhibit A OCIP / Insurance Exhibit to this Contract. … § 11.1.3 Prior to Notice to Proceed, the Contractor shall furnish a copy of the bonds to Owner. 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. 169 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 18 § 11.1.1 The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located such insurance required to be obtained by the Contractor defined in Exhibit A OCIP / Insurance Exhibit to this Contract. Such insurance 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 3.18. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor’s completed operations coverage, until the expiration of the period for the statute of repose for the Work under Colorado law. § 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 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 9.10.2 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 limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness. § 11.1.4 Notice of Cancellation or Expiration of Contractor’s Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage.The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Owner, the Construction Manager, and the Architect and the Architect’s consultants as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s completed operations. § 11.1.4 Notice of Cancellation or Expiration of Contractor’s Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the 170 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 19 procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 11.1.5 Limits of Insurance: See Exhibit A OCIP / Insurance Exhibit to this Contract for limits of insurance. § 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 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- 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. Additionally, Owner shall purchase and maintain an Owner’s Consolidated Insurance Program (OCIP) to provide insurance coverage as described in Exhibit A OCIP / Insurance Exhibit to this Contract. §11.1.10 Deductible: The Contractor shall pay any amounts not covered because of a deductible or as otherwise described in Exhibit A OCIP / Insurance Exhibit to this Contract. § 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. an Owner’s Consolidated Insurance Program (OCIP) to provide insurance coverage as described in Exhibit A OCIP / Insurance Exhibit to this Contract. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon receipt of notice from the Owner, the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor, Subcontractors, and Sub-Subcontractors in the Work. When the failure to provide coverage has been cured or resolved, the Contract Sum and Contract Time shall be equitably adjusted.In the event the Owner fails to procure coverage, the Owner waives all rights against the Contractor, Subcontractors, and Sub-subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Order. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. § 11.2.3 Notice of Cancellation or Expiration of Owner’s Required Property Insurance. Within three (3) business days of the date the Owner becomes aware The Owner shall provide notice to the Contractor of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Documents. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, 171 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 20 shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; and (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, Subcontractors, and Sub-subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the adjusted. If upon agreement with Owner the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order.The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. § 11.3 Waivers of SubrogationPROPERTY INSURANCE § 11.3.1 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; (2) the Architect and Architect’s consultants; and (3) Separate Contractors, 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 those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect’s consultants, Separate Contractors, subcontractors, and sub-subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property.Unless otherwise provided, the Owner 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 and 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. Such property insurance shall be maintained, unless otherwise provided in the Contract 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 9.10. 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 Architect’s and Contractor’s services and expenses required as a result of such insured loss. § 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 11.3.1.2 Omitted. § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance The Owner, at the Owner’s option, may purchase and maintain insurance that will protect the Owner against loss of use of the Owner’s property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner’s property, due to fire or other hazards however caused. § 11.3.1.3 If the property insurance requires deductibles, the Contractor shall pay costs not covered because of such deductibles. 172 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 21 §11.5 Adjustment and Settlement of Insured Loss § 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. § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 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. § 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 days from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. § 11.3.2 BOILER AND MACHINERY INSURANCE The Contractor shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Construction Manager, Contractor, Subcontractors and Sub-subcontractors in 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. § 11.3.5 Omitted. § 11.3.6 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 Article 11. 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. § 11.3.7 Waivers of Subrogation The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect’s consultants, separate contractors described in Article 6, 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 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the 173 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 22 Owner. The Owner or Contractor, as appropriate, shall require of the Architect, Architect’s consultants, Construction Manager, separate contractors described in Article 6, 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. § 11.3.8 A loss insured under the Owner’s property insurance shall be adjusted by the Owner 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 agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. § 11.3.9 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 Article 7. § 11.3.10 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. § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 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 on the date of execution of the Contract. 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 forms shall be Performance Bond - AIA Document A312-2010, and Payment Bond – AIA Documents A310-2010, 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 or approves 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 39 § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Construction Manager or the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be appropriate. costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner’s expense. If such Work is not in accordance with the Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor’s expense.such costs and the cost of correction shall be at the Contractor’s expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. … 174 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 23 The Contractor shall promptly correct Work rejected by the Architect or Commissioning Agent or failing to conform to the requirements of the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Construction Manager’s, Architect’s and Commissioning Agent’s services and expenses made necessary thereby, shall be at the Contractor’s expense. PAGE 40 § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year two years after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. so. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.5. § 12.2.2.1.1 Should the warranty issue involve a leak, water ingress, flooding, hazardous material, potential for increased damage to the building, or adversely affect the building occupants, the Contractor must begin to correct the issue immediately to prevent further damage and within 48 hours have rectified the problem, or have a clear work plan for the long term rectification of the issue to comply with the Contract Documents. The Contractor shall provide detailed documentation demonstrating repair or replacement of all warranty items. § 12.2.2.2 The one-year two-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year two-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. The obligation to correct the Work shall include any repairs and replacement to any part of the Work or other property that is damaged by the defective Work. … § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year two-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. … § 13.1 Governing LawGOVERNING LAW The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. If located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4.Section 15.4. § 13.2 Successors and AssignsSUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, assigns and legal representatives to covenants, agreements, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, Section 13.2.2, 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. 175 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 24 § 13.2.2 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 Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the such assignment. § 13.3 Rights and RemediesWRITTEN 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 respective persons at the addresses listed below. Owner: City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 Contractor: Sam Meyer President, Western Slope 760 Horizon Drive, #201 Grand Junction, CO 81506 Architect: Will Hentschel 359 Design 3630 Osage Street Denver, CO 80211 § 13.3.1 Duties and obligations imposed by the Contract 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. § 13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. § 13.4 Tests and InspectionsRIGHTS AND REMEDIES § 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract 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 Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require.Duties and obligations imposed by the Contract 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. § 13.4.2 If the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection, or approval not included under Section 13.4.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Owner’s expense.No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such 176 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 25 action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. § 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure, including those of repeated procedures and compensation for the Architect’s services and expenses, shall be at the Contractor’s expense. § 13.4.4 Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract 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 Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner’s expense. § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect’s services and expenses shall be at the Contractor’s expense. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 177 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 26 § 13.6 INTEREST Interest on amounts ultimately determined to be due to a Contractor or the City shall be payable at the statutory rate applicable to judgments from the date the claim arose through the date of decision or judgment, whichever is later. Aspen Municipal Code Sec. 4.16.070. Interest. § 13.7 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 the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable Colorado law. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. § 14.1 Termination by the ContractorTERMINATION BY THE CONTRACTOR § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work, Work under direct or indirect contract with the Contractor, for any of the following reasons: PAGE 42 .2 An act of government, such as a declaration of national emergency, emergency that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment for undisputed amounts properly due within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor’s request, reasonable evidence as required by Section 2.2.Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work, repeated suspensions, delays, the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3, Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ Section 14.1.1 or 14.1.2 exists, the Contractor may provide written notice to the Owner and Architect of such condition or failure. If Owner fails to make such payment or correct such condition within fourteen (14) days of receipt of such notice, the Contractor may, upon seven additional days’ written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, as well as reasonable overhead and profit on Work not executed, including reasonable overhead and profit on the work completed, and costs incurred by reason of such termination. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, Contractor or a Subcontractor or their agents or employees or any other persons or entities performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days’ written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3.Section 14.1.3. § 14.2 Termination by the Owner for CauseTERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or 178 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 27 .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the reasons described in Section 14.2.1 exist, and above reasons exist, the Owner, upon certification by the Architect Initial Decision Maker that sufficient cause exists to justify such action, the Owner may, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: PAGE 43 .2 Accept assignment of subcontracts pursuant to Section 5.4; Section 5.4; and … § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. If a termination by the Owner is subsequently determined to be wrongful, such termination shall automatically be converted to a termination for the Owner’s convenience. … § 14.2.4.1 If the Owner terminates the Contract for cause under Article 14.2, the amount, if any, to be paid to the Contractor under Section 14.2.4 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as follows: .1 Take the Cost of the Work incurred by the Contractor to the date of termination; .2 Add the Contractor’s Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 4.2.1.1 or, if the Contractor’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner. § 14.3 Suspension by the Owner for ConvenienceSUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption under Section 14.3.1. delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. an equitable adjustment of the Contractor’s fee on any services performed or Work completed. No adjustment shall be made to the extent .1 that performance is, was, or would have been, so suspended, delayed, or interrupted, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or PAGE 44 § 14.4 Termination by the Owner for ConvenienceTERMINATION BY THE OWNER FOR CONVENIENCE … § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the Contractor shall 179 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 28 … § 14.4.3 In case of such termination for the Owner’s convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the Agreement.Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work executed. § 14.4.4 In the event of any termination by the Owner, the Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in the Cost of the Work. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 14, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders. … § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. § 15.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Construction Manager, including Claims under section 3.2.4. Claims by either party must be initiated within 14 days after occurrence of the event giving rise to such Claim or within 14 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3 Notice of ClaimsClaims 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. § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party under this Section 15.1.3.1 shall 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. § 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. In such event, no decision by the Initial Decision Maker is required. PAGE 45 If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.5.1 In no event shall adjustment to the Contract Sum be made for conditions of which the Contractor knew or should have known, or which would have been noticed by a Contractor of similar experience pursuant to on-site 180 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 29 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 Contract Documents, or which could have been reasonably inferred from the Contract Documents. … § 15.1.6.2 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 Contractor shall, within five (5) days after the onset of any delay, notify the Owner in writing substantiating that weather conditions had an adverse effect on the scheduled construction.Project Schedule’s critical path activities.. § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.1.6.3 The Project Schedule assumes the critical path will be impacted by an aggregate of twenty (20) days (Weather Days). A Weather Day is any day that a critical path activity was suspended for more than 5 hours, within a single day, due to inclement weather conditions. Contractor shall log Weather Days in their daily reports and once the Owner has agreed the Weather Day is approved, will maintain a log of acknowledged Weather Days within the weekly OAC meeting minutes. Extensions of the Contract Time for delays due to weather conditions may be made only when the aggregate of Weather Days exceeds twenty (20) days. . 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. §15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes 1. damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and 2. damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit.. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements in the Contract Documents. § 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Maker,. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim. If an initial decision has not been rendered within 30 days after the Claim 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, the party asserting the Claim may demand 181 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 30 mediation and binding dispute resolution without a 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. PAGE 46 § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1.Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of receipt of an initial decision, demand in writing that the other party file for mediation. 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 30 days after receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. … § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution.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. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association Judicial Arbiter Group, Denver, Colorado, in accordance with its Construction Industry Mediation Procedures in effect on the date of the 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 binding dispute resolution litigation proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.parties. PAGE 47 § 15.3.4 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements Aspen, Colorado. Written agreements, executed by the parties, reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 Arbitration § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. The Arbitration shall be conducted in the place where the Project is located, unless another location is mutually agreed upon. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 182 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 31 § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 Consolidation or Joinder § 15.4.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4 LITIGATION § 15.4.1 Litigation. This Contract, and all matters interpreting it and arising under it shall be enforced in, and all parties do now submit to, the exclusive jurisdiction and venue of the District Court, City and County of Pitkin, State of Colorado, in the event of any litigation concerning this Contract, and regardless of where this Contract may be executed. Each party consents to and agrees to file a general appearance in the event that it receives service of process. § 15.4.2 Jury Trial Waiver. To the fullest extent permitted by law, Owner and Contractor specifically waive any right to a trial by jury in any court with respect to any contractual, tortious or statutory claim, counterclaim or cross-claim against the other arising out of or connected in any way to the project or the Contract Documents. The complex commercial and professional aspects of the Contract make a jury determination neither desirable nor appropriate. Contractor shall include this provision in all of its subcontracts and purchase orders. § 15.4.3 Removal Waiver. To the fullest extent permitted by law, Owner and Contractor specifically waive any right to remove any action to United States District Court for the District of Colorado, regardless of the presence of diversity of citizenship among or between the parties. Contractor shall include this provision in all of its subcontracts and purchase orders. § 15.4.4 Attorneys Fees: In the event that either party brings legal action to enforce any provision of this Contract, the prevailing party shall be awarded all of its reasonable costs and expenses, including attorney’s fees, incurred by such party in connection with such action. ARTICLE 16 OWNER’S ADDITIONAL SPECIFIC CONCERNS § 16.1 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 Construction Manager. ARTICLE 17 Illegal Aliens – CRS 8-17.5-101 & 24-76.5-101 § 17.1 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 183 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 32 conditions have been designed to comply with the requirements of this new law. § 17.2 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. § 17.3 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. § 17.4 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 184 Additions and Deletions Report for AIA Document A201® – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, "A201," and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 33 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. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as those of the Owner and Contractor under this Agreement. 185 AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:54:58 ET on 09/01/2020 under Order No.4008429394 which expires on 04/26/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1248226897) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:54:58 ET on 09/01/2020 under Order No. 4008429394 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A201™ – 2017, General Conditions of the Contract for Construction, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) 186 Shaw Construction has been an industry leader for more than 58 years. We’ve pioneered construction philosophies, methods, practices, visions and approaches. We build more than world-class projects and long- lasting monuments. We build relationships that root us in our work. REQUEST FOR PROPOSAL For: Burlingame Ranch Phase 3 Affordable Housing Development Submitted to: September 2, 2020 187 shawconstruction.net300 Kalamath Street Denver, CO 80223 760 Horizon Drive, #201 Grand Junction, CO 81506 460 South Cache Jackson, WY 83001 3115 East Lion Lane, Ste., 160 Salt Lake City, UT 84121 Aug 28, 2020 RE: GENERAL CONTRACTOR CONSTRUCTION SERVICES BURLINGAME PHASE 3 AFFORDABLE HOUSING DEVELOPMENT Dear Tara, Chris and the members of the selection committee, Shaw Construction is excited for the opportunity to partner with the City of Aspen, Artaic Group and 359 Design on Burlingame Ranch Phase 3. We understand the investment that the City is making and how important it is to have the right partner at your side. Burlingame is an important landmark for the City of Aspen. Building this project will require a lot of hard work, commitment, collaboration, and trust. As you review our proposal, we hope that you will find we have the experience and a proven team to deliver a successful build for you and the community. A few points we want to highlight from our approach to Phase 3: Shaw is a partner in the modular company, Volumetric Building Companies (VBC). VBC is a vertically integrated manufacturing, construction group focused on building multifamily housing in the modular industry. We have taken significant steps investing time, resources, and capital into the promotion and development of modular in Colorado. We have sent select members of estimating, project operations, and field operations to work and learn the process of modular construction with our partner. Shaw construction will self-perform the setting and stitching, and this team will be led by Shaw’s Modular Set Manager Adam Killian. In addition, VBC’s Director of Set and Stitch, Rob Schmalbach will be a resource throughout preconstruction and construction. Market validation of construction costs. We have an established database of local, qualified subcontractors and vendors who take pride in building projects that help meet Colorado’s vital housing needs. With that said, our team solicited pricing from our industry partners in the categories of Earthwork, Landscape, Asphalt, Concrete, Metals, Waterproofing, Roofing, Mechanical/Plumbing, Fire Protection and Electrical. Sensitivity to the existing neighborhood. Building in an active community is challenging, these sites can lead to overflow to the surrounding areas and it’s our job as general contractors to alleviate the strain on the surrounding neighbors. We will phase the site to address the receipt of boxes by putting in temporary roads for crane substrate to minimize disruptions to the residents. And there will be no access through Phases I and II. We’ll discuss parking, material deliveries and overall logistics with all our Subcontractors at our standing weekly meetings. In addition, our team will send out monthly reminders to all our subcontractors / workers that parking on the public streets is not permitted. Our approach is a simple one – listening with great attention to our clients’ needs and wants, carefully assessing the physical, economic, and jurisdictional factors then rigorously managing costs and schedules all in the effort to provide a predictable outcome. We trust you will see from this response, in addition to our experience and success in highly relevant projects, we have the capability to deliver Burlingame Phase 3 to the City of Aspen. Regards, Sam Meyer, President, Western Slope 2 188 4 Firm Qualifications 8 Proposed Team Qualifications 15 Similar Project Exp. & References 22 Schedule 32 Project Approach 39 Exhibit A Worksheet 41 90% CD Set Scope Narrative 53 90% Allowance Log 56 Estimate 67 Procurement Schedule 68 Self-Perform Services 69 Aspen Legacy Table of Contents 189 • Named a ‘Top Place to Work, 2019’ by The Denver Post • Kirkland Museum named Top Cultural project by ENR, 2018 • Constructed 1st LEED project in Colorado (The Sundeck at Aspen Mountain) and Wyoming (Jackson Hole Golf & Tennis Clubhouse and Cabins) 1,607projects completed 263 employees 1962Founded in 4 offices - Grand Junction, Denver, Salt Lake City and Jackson $450M volume in 2019 $350M bonding capacity Longest tenure construction company in Western Colorado 4 MULTIFAMILY STATS $350M bonding capacity 355+ multifamily projects completed 20 multifamily projects under construction 27 jobs in preconstruction 30,600 units built 3,000 units under construction 190 5 Bonding Capacity JJuullyy 22,, 22002200 TO WHOM IT MAY CONCERN: Surescape Insurance Services 7800 S. Elati Street, Suite 100 Littleton, CO 80120 (303) 225-8030 Phone (303) 225-8034 Fax California Office California License: 0B95668 77-564 Country Club Drive, Suite 401 Palm Desert, CA 92211 Our agency services the surety bond program for Shaw Construction, LLC. We have known the principals of Shaw for several decades and give our highest recommendation of their character and capacity to deliver top quality construction. Shaw has developed a reputation for impeccable quality and cost-effective construction, particularly in challenging weather and site conditions posed while working in the Rocky Mountain region. The following details Shaw Construction’s bonding information: Name of Surety: Travelers Casualty & Surety Company of America Licensed States: All 50 States A.M. Best Rating: A+ (Excellent) XV Treasury Listed: Yes Claim/Completion History: No surety claims or surety completion of projects Single Project/Aggregate Capacity: $250,000,000 Single/$350,000,000 Aggregate Through guaranteeing performance with surety bonds on Shaw's projects on hundreds of projects spanning several decades, we have not received a single complaint about their performance on projects or their payment to subcontractors and suppliers. We are proud to recommend the Shaw team to you. Please contact our office for any additional information you may require. Sincerely, Douglas J. Rothey President JJuullyy 22,,22002200 TO WHOM IT MAY CONCERN: Surescape Insurance Services 7800 S. Elati Street,Suite 100 Littleton, CO 80120 (303) 225-8030 Phone (303) 225-8034 Fax California Office California License: 0B95668 77-564 Country Club Drive, Suite 401 Palm Desert, CA 92211 Our agency services the surety bondprogramfor Shaw Construction, LLC.We have known the principals of Shaw for several decades and give our highest recommendationof theircharacter and capacity to deliver topquality construction. Shaw has developeda reputation for impeccable quality andcost-effective construction,particularly inchallenging weather and site conditions posedwhile workingin the Rocky Mountain region. The following details Shaw Construction’s bondinginformation: Name of Surety:Travelers Casualty& Surety Company of America Licensed States:All 50 States A.M.Best Rating:A+ (Excellent)XV Treasury Listed:Yes Claim/Completion History:No suretyclaims or surety completionofprojects Single Project/AggregateCapacity:$250,000,000 Single/$350,000,000 Aggregate Through guaranteeing performance withsurety bonds on Shaw's projects on hundreds of projects spanning several decades, we have not received a single complaint abouttheir performance onprojects or theirpayment to subcontractors and suppliers. We areproud to recommend the Shaw team to you. Please contact our office for any additional information youmayrequire. Sincerely, Douglas J. Rothey President 191 6 05/11/2020 Moody Insurance Agency, Inc. 8055 East Tufts Avenue Suite 1000 Denver CO 80237 Cindy Schuman, CRM (303) 824-6600 (303) 370-0118 cindy.schuman@moodyins.com Shaw Construction Holdings LLC 300 Kalamath St Denver CO 80223-1150 Hartford Fire Insurance Co 19682 Navigators Insurance Co 42307 Pinnacol Assurance 41190 Indian Harbor Insurance Co 19-20 Master A Y Y 34CSEQU2480 10/01/2019 10/01/2020 2,000,000 50,000 Excluded 2,000,000 4,000,000 4,000,000 Deductible $25,000 A 34UENQU2481 10/01/2019 10/01/2020 1,000,000 B 0 SE19EXCZ035PFIC 10/01/2019 10/01/2020 5,000,000 5,000,000 C N 4029941 10/01/2019 10/01/2020 1,000,000 1,000,000 1,000,000 D Umbrella Liability $5M XS $5M SXS0055146 10/01/2019 10/01/2020 Per Occurrence $5,000,000 Aggregate Limit $5,000,000 Certificate holder and the State of Colorado are shown as additional insured for general liability coverage; general liability is primary & non-contributory. A waiver of subrogation applies in favor of general liability and worker’s compensation coverage. Auraria Higher Education Center Purchasing Office Campus Box K PO Box 173361 Denver CO 80217 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY Insurance Certificate 192 7 Location of main office Grand Junction Office 760 Horizon Drove - Suite 201 Grand Junction, 81506 Provide your firm’s EMR Information on any claims or lawsuits your firm has had in the past 3 years. Only once in our nearly 60 years of business has Shaw Construction failed to complete awarded work. This instance was a direct result of non-payment by the Owner in the final stage of a project. Because of non-payment, Shaw was then forced to enact our contractual rights to stop work before the punchlist was completed. In order for the Owner to contract direct with the subcontractors to finalize the punchlist and occupy the building, the agreement with Shaw had to be terminated. As a result, Shaw currently has a lawsuit filed for breach of contract. . 2019 .66 2018 .72 2017 .71 2016 .72 193 PROJECT ENGINEER 8 Our leadership, preconstruction, management, and field teams work and hand in hand from the initial planning stages through procurement. Involving the entire project team in the early stages of planning and design ensures that our clients receive the most cost-effective solutions. The teams collaborate on budget development, constructability reviews and value engineering options; the knowledge gained from this approach allows a seamless transition from the conceptual phase into construction. Sam Meyer PROJECT EXECUTIVE Robert Glover SENIOR PROJECT MANAGER Luke Fenske DIRECTOR OF PRECON Dan Bickes PROJECT SUPERINTENDENT Jamie Neyers PRECON MANAGER JORDAN MALCZYK WARRANTY MANAGER Chris Dosch SAFETY MANAGER Lyle Steele GENERAL SUPERINTENDENT SUBCONTRACTORS * Team members grayed out are not apart of the direct proposed team for this project, but will provide secondary support when needed. Organization Chart PROJECT COORDINATOR ESTIMATORS Adam Killian MODULAR SET MANAGER (1) 6 PERSON SET CREW (2) 4 PERSON STITCHING CREW ROBERT SCHMALBACH DIRECTOR OF MODULAR, SET AND STITCH 194 9 SAM MEYER Project Executive Sam Meyer is the President of the Western Slope, partial owner of Shaw Construction, and is responsible for the overall leadership and direction of project success. During his tenure with Shaw, Sam has held several positions including project manager, project executive and managed the Wyoming branch for several years. He is an expert in complex mountain construction with vast experience in municipal and public safety construction. EDUCATION Northwestern University, M.S. in Construction Management (graduated first in class) Lehigh University, B.S. EXPERIENCE 16+ years REFERENCES 1.Philip Jeffreys. Aspen Ski Company, pjeffreys@aspensnowmass.com 2. Jack Wheeler, Concept One Group, 970-429-1790 3. Dave Detwiler,Colorado Mesa University, 970-261-6360 WORKLOAD As needed RELEVANT PROJECT EXPERIENCE • 488 Castle Creek Affordable Housing, Aspen, CO — Three story wood frame multifamily structure, stucco and metal siding, aluminum windows, 24,000 square feet, 28 units • 802 West Main Affordable Housing, Aspen, CO — Two story wood frame multifamily structure, basement storage, cedar siding, elevator, 9,000 square feet, 10 units • 517 Park Circle Affordable Housing, Aspen, CO — Three story wood frame and concrete multifamily structure, metal and stucco siding, fiberglass windows, elevator, 10,000 square feet, 11 units • Aspen Police Department, Aspen, CO — three story steel and concrete building in downtown Aspen, complex phasing • Aspen Police Department Housing, Aspen, CO — Two wood frame multifamily buildings, three stories each, 8,290 square feet, 8 units • Willits Block 3, Basalt, CO — concrete steel and wood frame multifamily building, 95 parking spots, 75,500 square feet, 49 units • 2814 Patterson, Grand Junction, CO — Three story wood frame multifamily building, 61,320 square feet, 60 units • One Aspen, Aspen, CO — High-end custom residences near the base of Aspen Mountain, luxury interior finishes include elevators in units, steel, glass and wood staircases,, 68,815 square feet, 14 residences • Six Canyon Apartments, Glenwood Springs, CO — One and two bedroom units spread between two wood frame, four-story multifamily buildings connected by an elevated walkway, 144,989 square feet, 116 units 195 Jamie has been in the construction industry for more than 12 years. Jamie has an excellent track record of developing accurate preliminary construction estimates and successfully guiding project teams through the preconstruction process. His work has been focused on the Western Slope market. EDUCATION University of Colorado, B.S. Architectural Engineering YEARS’ EXPERIENCE 12+ years REFERENCES 1.Philip Jeffreys. Aspen Ski Company, pjeffreys@aspensnowmass.com 2. Jack Wheeler, Concept One Group, 970-429-1790 3. Jody Kole, Grand Junction Housing Authority, 970-683-1060 WORKLOAD Preconstruction on multiple projects. Will have capacity to provide preconstrution on this project. • One Aspen, Aspen, CO —High-end custom residences near the base of Aspen Mountain, finishes include elevators in unit, vaulted ceilings, giant picture windows, steel, glass and wood staircases, 68,815 square feet, 14 residences • 2814 Patterson, Grand Junction, CO — Three story wood frame multifamily building, 61,320 square feet, 60 units s •Willits Block 3, Basalt, CO — Concrete steel and wood frame multifamily building, 95 parking spots, quartz and stainless steel finishes, outdoor patio space, dog wash, oversized windows, 75,500 square feet, 49 units • Aspen Ski Co Block 9 Workforce Housing, Basalt, CO — Four story housing structure, concrete and wood frame building, mix of unit types, basic amenities, 65,000 square feet • Aspen Police Department, Aspen, CO — Three story steel and concrete building in downtown Aspen, complex phasing • Aspen Police Department Housing, Aspen, CO — Two wood frame multifamily buildings, three stories each, 8,290 square feet, 8 units • 488 Castle Creek Affordable Housing, Aspen, CO — Three story wood frame multifamily structure, stucco and metal siding, aluminum windows, 24,000 square feet, 28 units • 802 West Main Affordable Housing, Aspen, CO — Two story wood frame multifamily structure, basement storage, cedar siding, 9,000 square feet, 10 units • 517 Park Circle Affordable Housing, Aspen, CO — Three story wood frame and concrete multifamily structure, metal and stucco siding, fiberglass windows, 10,000 square feet, 11 units JAMIE NEYERS Preconstruction Manager RELEVANT PROJECT EXPERIENCE 10 196 Robert joined Shaw in 2005. Robert has recent fast-track university and hospitality experience and more than two decades of practice in the construction industry. Robert has owned his own remodeling construction company, worked as a carpenter and house framer. His diverse background affords him the ability to effectively manage the sub trades and resolve issues in a beneficial and successful fashion. EDUCATION Metropolitan State University, B.A. in Civil Engineering Technology with an emphasis in construction EXPERIENCE 20+ years REFERENCES 1.Dave Detwiler,Colorado Mesa University, 970-261-6360 2. Jim Curitis, Aspen Institute, 970-319-0442 3. Todd Emerson, Bald Mountain LLC, 970-379-3015 WORKLOAD 50%-75% during construction • 2814 Patterson, Grand Junction, CO — Three story wood frame multifamily building, 61,320 square feet, 60 units • One Aspen, Aspen, CO — high-end custom residences near the base of Aspen Mountain, luxury interior finishes include elevators in unit, vaulted ceilings, giant picture windows, steel, glass and wood staircases, and spa like bathrooms, 68,815 square feet, 14 residences • St. Martin’s Phase II, Grand Junction, CO — Three wood frame multifamily buildings, two stories each, brick veneer, built for homeless veterans, 13,337 square feet, 24 units • The Walter Isaacson Center and Madeline Albright Pavilion, Aspen, CO — extensive renovation and addition to the Aspen Meadows Reception Center, sleek and modern design, restaurant space, outdoor deck, 20,294 square feet •Berg Residence, Aspen, CO — new luxury custom home, contemporary design, stone veneer, metal panels, and wood siding, 6,700 square feet • Bucksbaum Campus Phase I, Aspen, CO — redevelopment of the Campus, site development included one steel bridge, one precast bridge, three rehearsal halls, teaching studios, practice rooms, cafeteria, student center, science lab, and gymnasium • Bucksbaum Campus Phase II, Aspen, CO — construction of five new buildings, remodel of existing historic administrative buildings and relocation of historic building, large rehearsal hall, gymnasium that converts into rehearsal hall, and two wood frame maintenance buildings ROBERT GLOVER Senior Project Manager RELEVANT PROJECT EXPERIENCE 11 197 Adam has worked at Shaw since 2004. During his tenure with Shaw, Adam has held several positions including Superintendent, PreConstruction Manager, Project Manager, Project Executive and heads the Shaw Self- Perform Department. He is well versed in field, office, preconstruction and operation activities and has completed projects in all product-types. EDUCATION University of Texas at Austin, B.S. Architectural Engineering University of Denver, M.S. Construction Management YEARS’ EXPERIENCE 17+ years REFERENCES 1.Eric Komppa, Corum Real Estate, 303-796-2000 2. Jeff Jensen, Jensen La Plante, 970- 674-3025 3. Jon Conte, Mill Creek Residential 303-255-6033 WORKLOAD Is managing multiple other projects, but he and his team can commit 100% of their time to this project. • Willits Block 3, Basalt, CO — Concrete steel and wood frame multifamily building, 95 parking spots, quartz and stainless steel finishes, outdoor patio space, dog wash, oversized windows, 75,500 square feet, 49 units • Aspen Ski Co Block 9 Workforce Housing, Basalt, CO — Four story housing structure, concrete and wood frame building, mix of unit types, basic amenities, 65,000 square feet • Modera River North Apartments, Denver, CO — Five story concrete podium and wood frame multifamily building, high-end amenities like resort-style fitness studio, quartz counter tops, 251,095 square feet, 182 units • Avon Apartments, Avon, CO — Eight wood frame multifamily buildings, clubhouse, three stories each, clubhouse, parking garage, 275,000 square feet, 250 units •2814 Patterson, Grand Junction, CO — Three story wood frame multifamily building, 61,320 square feet, 60 units • Aspen Police Department Housing, Aspen, CO — Two wood frame multifamily buildings, three stories each, 8,290 square feet, 8 units • The Kasserman, Denver, CO — Three story wood frame multifamily building, precast parking garage with 123 parking spots, amenities include highend finishes, fitness center, and podium level deck, 150,160 square feet, 100 units • Six Canyon Apartments, Glenwood Springs, CO — One and two bedroom units spread between two wood frame, four-story multifamily buildings connected by an elevated walkway, 144,989 square feet, 116 units ADAM KILLIAN Modular Set Manager RELEVANT PROJECT EXPERIENCE 12 198 Robert has been working in the industry for over 20 years. For the last nine years, he has worked at Volumetric Building Companies and has held many different positions including Vice President of Construction. He brings an expert level of modular construction and prefabrication. EDUCATION University of Delaware YEARS’ EXPERIENCE 20+ years WORKLOAD Robert will be available to support Shaw during the preconstruciton phase and upon delivery of modules •The Level, Philadelphia, PA — Five story wood frame modular construction, underground parking, first floor podium, 141 units • Quarters, Philadelphia, PA — Five story wood frame modular construction over first floor podium, 74 units • 125 - 133 S 64th Street, Philadelphia, PA — Three story wood frame modular construction, 29 units • 6 West, 32532 Highway 6, Edwards, CO — Eight multifamily buildings, manufactured, set, and consulted on the finish, 70 units •Dwell, Philadelphia, PA — Two buildings, three stories each of modules over podium, 120 units • Luna on Pine, Philadelphia, PA — Five stories of wood modules over full basement, handled the following: manufacturing, setting, roof, electric and carpentry,105 units • Big Horn Crossing, Georgetown, CO — Three buildings, three stories each, wood frame modules, manufactured units, set, and assisted in completion, 100 units ROBERT SCHMALBACH Director of Modular, Set and Stitch RELEVANT PROJECT EXPERIENCE 13 199 Dan has worked in the construction industry for more than 27 years. He is highly regarded for his adherence to quality standards and effective management of site controls. Highly energetic and motivated, Dan possesses proven management and organization skills that get the job done. He is experienced on fast-track building schedules, hospitality, urban infill, subcontractor management and is dedicated to a safe work environment. YEARS’ EXPERIENCE 27+ years REFERENCES 1.Michael O Connor, Owner of O Connor Consulting, 970-471-9616 2. Jason Bradshaw, Managing Partner at Aspen Housing Partners, 970-319-9298 3. Francisco Serna, Owner High County Builders, 970-471-0795 WORKLOAD 100% during construction • 488 Castle Creek Affordable Housing, Aspen, CO — Three story wood frame multifamily structure, stucco and metal siding, aluminum windows, 24,000 square feet, 28 units • 802 West Main Affordable Housing, Aspen, CO — Two story wood frame multifamily structure, basement storage, cedar siding, 9,000 square feet, 10 units • 517 Park Circle Affordable Housing, Aspen, CO — Three story wood frame and concrete multifamily structure, metal and stucco siding, fiberglass windows, 10,000 square feet, 11 units • The W Hotel Aspen, Aspen, CO — demolition of original Sky Hotel, new construction of post-tension concrete structure, one floor of below grade parking, 12,000 square foot rooftop pool and bar, 11 condos for sale, 82 additional hotel rooms • Four Seasons Hotel, Baltimore, MA — addition of 8 stories to a 14 story hotel structure, five stories of underground parking, poolside bar and restaurant, 385,000 gross square feet, 256 hotel rooms , 83 condos • City Market at O Street, Washington, D.C. — renovation of historical building, new construction of Cambria Hotel, and an assisted living facility, two stories of below grade parking, 400 units total • South Hall Renovation, Pennsylvania State : University Park, PA — renovation of four student housing buildings, entire renovation houses 890 students • Marina Grande : Daytona Beach, FL — two condominium structures, amenities like clubhouse, fitness center, and rooftop terraces DAN BICKES Project Superintendent RELEVANT PROJECT EXPERIENCE 14 200 ASPEN HOUSING AUTHORITY AFFORDABLE HOUSING Aspen, Colorado Shaw entered a public-private partnership with Aspen Pitkin Housing Authority (APHA) and developer Jason Bradshaw, who represents Aspen Housing Partners LLC to develop these projects. When construction is complete there will be a total of 48 units available. •517 Park Circle Housing: 11 units •488 Castle Creek Housing: 28 units •802 West Main Housing: 10 units OWNER Aspen Housing Partners Jason Bradshaw, Managing Partner, 970-319-9298 ARCHITECT David Johnston Architects COST $17,610,299 DATE COMPLETED Under Construction UNITS 48 total TYPE Panelized RELEVANCE City of Aspen Pitkin County Affordable Housing 802 West Main 517 Park Circle 488 Castle Creek 15 201 16 ASPEN PD HOUSINGAspen, Colorado This 8,600 square foot project was constructed for the Aspen Police Department’s workforce. The three-story wood frame project was constructed with unmatched sustainable features in downtown Aspen. A combination of unit-types, the building sits adjacent to the Aspen Police Department and was part of a large infill project in downtown Aspen. The workforce housing consists of exterior entries, wood frame and carpet for flooring and stainless appliances. Modular construction helped keep the project down by allowing work to be done off site. SIZE 8,290 Square Feet OWNER City of Aspen, Jack Wheeler, 970-429-1790 ARCHITECT Charles Cunniffe Architects COST $3,291,084 DATE COMPLETED 5/2018, project completed on time and on budget UNITS 8 TYPE Wood Frame RELEVANCE City of Aspen Pitkin County Modular 202 17 ASPEN SKI CO BLOCK 9 WORKFORCE HOUSING Basalt, Colorado Shaw is currently under construction on this four story workforce housing structure. The building will be made up of concrete and wood frame. There will be vinyl flooring throughout and will include a mix of unit types. Common areas and basic amenities will be included. Once complete, this will be Shaw’s eighth project for the Willits Town Center development. SIZE 65,000 Square Feet OWNER Aspen Skiing Company LLC, Philip Jeffreys, pjeffreys@ aspensnowmass.com ARCHITECT Lipkin Warner COST $12, 417,000 DATE COMPLETED Under Construction UNITS 148 TYPE Wood Frame Concrete RELEVANCE Multifamily Housing 203 18 SIX CANYON APARTMENTSGlenwood Springs, Colorado The Six Canyon Apartments located in Glenwood Springs offer much needed housing for the local community. Two wood frame buildings with concrete podiums are connected by an enclosed elevated walkway. The four story buildings offer one and two bedroom apartments and have amenities like rooftop decks with fire pits, community space, and a playground. Each unit has high-end cabinetry, counter tops, lighting and other appliances. The apartment complex is conveniently located along Highway 6 & 24 in West Glenwood Springs. SIZE 144,989 Square Feet OWNER Richmark, Lester Wells, 303-908-9962 ARCHITECT OZ Architecture COST $25,860,051 DATE COMPLETED 10/2019, project completed on time and on budget UNITS 116 TYPE Wood Frame RELEVANCE Multifamily Housing 204 19 VILLAGE PARK APARTMENTSGrand Junction, Colorado This 84,000 square foot development includes 72 units of workforce housing on a 6.6 acre site and consists of three two-story and three, three-story residential buildings along with a standalone leasing office. The apartments are a mix of one, two, and three-bedroom units. Key features include, wood frame construction, cultured stone and stucco exterior finishes, solid surface counter tops, wood cabinets, playground, open spaces, energy efficient doors, windows, heating and cooling system and appliances. SIZE 84,000 square feet OWNER Grand Junction Housing Authority, Jody Kole, 970-683-1060 ARCHITECT OZ Architecture COST $11,105,166 DATE COMPLETED 10/2013, project completed on time and on budget UNITS 72 TYPE Wood Frame RELEVANCE Affordable Housing 205 TELLURIDE SMPATelluride, Colorado Located on a previously vacant lot at the northeast corner of Fir Street and Pacific Avenue, this mixed- use development includes an underground public parking structure with 70 pay-for-park spaces. The first floor is home to Ah Haa’s headquarters, their classroom space as well as a street-front gallery. The second floor offers 10 much needed affordable housing units for the Town of Telluride. The project, two years in the making, was approved by the town’s Planning and Zoning and Historic Architectural Review commissions in 2017. Breaking ground in April of 2018 had been part of the town’s plan: to start construction of this new, multi-use facility during the slower time of the year. Excavation for the site took 8 weeks and the total construction duration lasted 19 months. While some streets were closed to traffic, the team worked to keep the sidewalks to Baked and the Mountain Market open, along with the sidewalk that runs the south side of Pacific Avenue to the Wilkinson Public Library. 20 SIZE 50,000 Square Feet OWNER Town of Telluride, Larry McDonald, 970-728-2167 ARCHITECT Davis Partnership Architects COST $14,882,599 DATE COMPLETED 11/2019, project completed on time and on budget UNITS 10 TYPE Concrete Steel RELEVANCE Affordable Housing 206 21 AVON APARTMENTSAvon, Colorado This three story project has market-rate apartments in 8 buildings. This project is part of the Village at Avon Master Plan area and provides much needed local housing. The central building features a clubhouse and makes use of the dramatic slope on site by tucking in a 1 1/2 level parking garage and helps to connect the two flatter portions of the site. Amenities include granite counter tops, pool, and pool courtyard. SIZE 275,000 Square Feet OWNER Actis, LLC, Richard Groves, 303-678-0426. ARCHITECT Parikh Stevens Architects COST $14,882,599 DATE COMPLETED Under Construction UNITS 250 TYPE Wood Frame RELEVANCE Multifamily Housing 207 Activity IDActivity NameOriginauratioStartFinishBL Project StartBL Project Finish08.27.2008.27.2020 - Burlingame Phase III - 938903/01/2109/12/2203/01/2109/12/22Pre-ConPre-Construction7907/05/2110/25/2107/05/2110/25/2Fab/DeFab/Deliver of Modular Units7907/05/2110/25/2107/05/2110/25/208100Fab/Deliver Units for Building 8007/05/21*07/05/209100Fab/Deliver Units for Building 9007/19/21*07/19/210100Fab/Deliver Units for Building 10008/02/21*08/02/211100Fab/Deliver Units for Building 11008/16/21*08/16/212100Fab/Deliver Units for Building 12009/06/21*09/06/213100Fab/Deliver Units for Building 13009/27/21*09/27/214100Fab/Deliver Units for Building 14010/11/21*10/11/215100Fab/Deliver Units for Building 15010/25/21*10/25/2General General Summary for Construction38703/01/2109/09/2203/01/2109/09/2GSUM100Construction Start003/01/21*03/01/21GSUM110Construction Duration38303/01/2109/01/2203/01/2109/01/2GSUM120Construction Finish009/01/2209/01/2GSUM125Project Substantial Completion009/09/2209/09/2209/09/2209/09/2MobilizaMobilization and Initial Site Work5203/01/2105/11/2103/01/2105/11/2M01100Mobilization1003/01/2103/12/2103/01/2103/12/2M01110Initial Survey303/01/2103/03/2103/01/2103/03/2M02100Strip Vegitation503/10/2103/16/2103/10/2103/16/2M02110Cut/Fill/Rough Grade Phase 11003/17/2103/30/2103/17/2103/30/2M02130Initial GESC503/02/2103/08/2103/02/2103/08/2M02140Storm Water Inspector Sign Off on GESC103/09/2103/09/2103/09/2103/09/2M02150Cut/Fill/Rough Grade Phase 21503/31/2104/20/2103/31/2104/20/2M02160Cut/Fill Phase/Rough Grade 3&41504/21/2105/11/2104/21/2105/11/2On-Site On-Site - Horizontal Development25708/05/2108/11/2208/05/2108/11/2ComonComon Area Hardscape / Landscape6205/16/2208/11/2205/16/2208/11/208S03110Subgrade / Grade Sidewalks505/31/2206/06/2205/31/2206/06/208S03120Flatwork / FRP Sidewalks1006/07/2206/20/2206/07/2206/20/208S03130Topsoil Respread506/21/2206/27/2206/21/2206/27/208S03140Landscape2506/28/2208/02/2206/28/2208/02/208S03150Sitework Inspections708/03/2208/11/2208/03/2208/11/208S03160Rain Gardern1005/16/2205/27/2205/16/2205/27/2Wet UtiWet Utilities10008/05/2112/29/2108/05/2112/29/2S02200Water LInes Phase 1308/05/2108/09/2108/05/2108/09/2S02210Sanitary Phase 1308/10/2108/12/2108/10/2108/12/2S02220Storm Mains Phase 1508/13/2108/19/2108/13/2108/19/2S02230Storm Branch Phase 1308/20/2108/24/2108/20/2108/24/2S02280Water Lines Phase 2809/21/2109/30/2109/21/2109/30/2S02290Water Lines Phase 3&4811/08/2111/17/2111/08/2111/17/2S02300Sanitary Phase 2810/01/2110/12/2110/01/2110/12/2S02310Sanitary Phase 3&4811/18/2112/01/2111/18/2112/01/2S02320Storm Mains Phase 21010/13/2110/26/2110/13/2110/26/2S02330Storm Mains Phase 3&41012/02/2112/15/2112/02/2112/15/2S02340Storm Branch Phase 2810/27/2111/05/2110/27/2111/05/2S02350Storm Branchs Phase 3&4812/16/2112/29/2112/16/2112/29/2Dry UtiDry Utilities16510/12/2106/08/2210/12/2106/08/2S02240Gas Phase 11010/12/2110/25/2110/12/2110/25/2S02250Pirmary Power Phase 11010/26/2111/08/2110/26/2111/08/2S02260Set Transformer Phase 1211/09/2111/10/2111/09/2111/10/2S02270Permanent Power Phase 11011/11/2111/24/2111/11/2111/24/2S02360Gas Phase 21504/01/22*04/21/2204/01/2204/21/2S02370Primary Power Phase 21504/22/2205/12/2204/22/2205/12/2S02380Set Transformer Phase 2305/13/2205/17/2205/13/2205/17/2S02390Permanent Power Phase 21505/18/2206/08/2205/18/2206/08/2Curb, GCurb, Gutter & Paving - On-Site5505/02/2207/19/2205/02/2207/19/2PR02100Rough Grade Roads1505/02/22*05/20/2205/02/2205/20/2PR02120Curb, Guttter and Crosspans2005/31/2206/27/2205/31/2206/27/2PR02130First Lift Asphalt1006/28/2207/12/2206/28/2207/12/2PR02140Final Lift Asphalt507/13/2207/19/2207/13/2207/19/2BuildingBuilding 828104/14/2105/24/2204/14/2105/24/23012201220112001230122011200122011201123012201120012301220122011200122011201123012201120012301220FebruaryMarchAprilMayJuneJulyAugustSOctoberNDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSOctoberND20212022Fab/Deliver Units for Building 8Fab/Deliver Units for Building 9Fab/Deliver Units for Building 10Fab/Deliver Units for Building 11Fab/Deliver Units for Building 12Fab/Deliver Units for Building 13Fab/Deliver Units for Building 14Fab/Deliver Units for Building 15Construction StartConstruction DurationConstruction FinishProject Substantial CompletionMobilizationInitial SurveyStrip VegitationCut/Fill/Rough Grade Phase 1Initial GESCStorm Water Inspector Sign Off on GESCCut/Fill/Rough Grade Phase 2Cut/Fill Phase/Rough Grade 3&4Subgrade / Grade SidewalksFlatwork / FRP SidewalksTopsoil RespreadLandscapeSitework InspectionsRain GardernWater LInes Phase 1Sanitary Phase 1Storm Mains Phase 1Storm Branch Phase 1Water Lines Phase 2Water Lines Phase 3&4Sanitary Phase 2Sanitary Phase 3&4Storm Mains Phase 2Storm Mains Phase 3&4Storm Branch Phase 2Storm Branchs Phase 3&4Gas Phase 1Pirmary Power Phase 1Set Transformer Phase 1Permanent Power Phase 1Gas Phase 2Primary Power Phase 2Set Transformer Phase 2Permanent Power Phase 2Rough Grade RoadsCurb, Guttter and CrosspansFirst Lift AsphaltFinal Lift AsphaltSHAW CONSTRUCTION08.27.2020 - Burlingame Phase III - 90% Drawings BidBurlingames Phase #3 Print Date: 08/28/20 Data Date: 08/27/20 TASK filter: All ActivitiesRemaining Level of EffortActual Level of EffortProject Baseline BarActual WorkRemaining WorkCritical Remainin...Page 1 of 10DateRevisionCheckedApproved208 Activity IDActivity NameOriginauratioStartFinishBL Project StartBL Project FinishFoundaFoundation5504/14/2106/30/2104/14/2106/30/208151130Excavate Foundation504/15/2104/21/2104/15/2104/21/208151140Pin Footings104/22/2104/22/2104/22/2104/22/208151150Form Footings304/23/2104/27/2104/23/2104/27/208151160Install Re-bar for Footings204/28/2104/29/2104/28/2104/29/208151170Inspection Footings104/30/2104/30/2104/30/2104/30/208151180Pour Footings105/03/2105/03/2105/03/2105/03/208151190Strip Footings105/04/2105/04/2105/04/2105/04/208151200Pin Walls105/05/2105/05/2105/05/2105/05/208151210Form Walls505/06/2105/12/2105/06/2105/12/208151220Install Re-bar for Walls305/13/2105/17/2105/13/2105/17/208151230Install MEP Sleeves105/18/2105/18/2105/18/2105/18/208151240Inspection of Walls105/19/2105/19/2105/19/2105/19/208151250Pour Walls105/20/2105/20/2105/20/2105/20/208151260Strip Walls305/26/2105/28/2105/26/2105/28/208151270Water Proof Foundation106/01/2106/01/2106/01/2106/01/208151280Prep grade of S.O.G.106/02/2106/02/2106/02/2106/02/208151290Install Radon Piping206/03/2106/04/2106/03/2106/04/208151295Inspection of Radon106/07/2106/07/2106/07/2106/07/208151300Install Vapor barrier206/08/2106/09/2106/08/2106/09/208151310Pin Foundation for Excavation104/14/2104/14/2104/14/2104/14/208151320Form & Poor S.O.G.106/10/2106/10/2106/10/2106/10/208151330Back Fill Foundation306/11/2106/15/2106/11/2106/15/208151340Install Foundation Drainage System206/15/2106/16/2106/15/2106/16/208151350Pin Grade Beams106/17/2106/17/2106/17/2106/17/208151360Excavate Grade Beams206/18/2106/21/2106/18/2106/21/208151370Form Grade Beams206/22/2106/23/2106/22/2106/23/208151380Install Re-bar for Grade Beams106/24/2106/24/2106/24/2106/24/208151390Inspection of Grade Beams106/25/2106/25/2106/25/2106/25/208151400Pour Grade Beams106/28/2106/28/2106/28/2106/28/208151410Back Fill Grade Beams206/29/2106/30/2106/29/2106/30/208161100Ufer Install / Inspection105/18/2105/18/2105/18/2105/18/2Set / StSet / Stitch Units4007/06/2108/30/2107/06/2108/30/208061100Set and Stitch Units1007/06/2107/19/2107/06/2107/19/208061110Complete Interior Rough-In Connections2007/06/2108/02/2107/06/2108/02/208061120Complete Interior Finishes2008/03/2108/30/2108/03/2108/30/2ExterioExteriors7607/20/2111/03/2107/20/2111/03/20806E100Complete Exterior Stitching307/20/2107/22/2107/20/2107/22/20806E110Complete Exteriors (Overframing, Balconi1508/06/2108/26/2108/06/2108/26/20806E120Set Truess/Sheet roof and Install Fasica1007/23/2108/05/2107/23/2108/05/20806E130Dry-In Roof308/27/2108/31/2108/27/2108/31/20806E140Roofing1009/16/2109/29/2109/16/2109/29/20806E150Siding4509/01/2111/03/2109/01/2111/03/2GarageGarage / Parking Area Phase 18608/03/2112/03/2108/03/2112/03/2A1000Pin Structure108/03/2108/03/2108/03/2108/03/2A1010Excavate Foundation508/04/2108/10/2108/04/2108/10/2A1020Pin Footings108/11/2108/11/2108/11/2108/11/2A1030Form Footings308/12/2108/16/2108/12/2108/16/2A1040Install Re-bar Footings208/17/2108/18/2108/17/2108/18/2A1045Inspection108/19/2108/19/2108/19/2108/19/2A1050Pour Footings108/20/2108/20/2108/20/2108/20/2A1060Pin Walls/Pilers108/23/2108/23/2108/23/2108/23/2A1070Form Walls/Pilers508/24/2108/30/2108/24/2108/30/2A1080Install Re-bar for Walls / Pilers308/31/2109/02/2108/31/2109/02/2A1090Inspection109/03/2109/03/2109/03/2109/03/2A1100Pour Walls & Pilers109/07/2109/07/2109/07/2109/07/2A1110Strip Forms109/08/2109/08/2109/08/2109/08/2A1120Water Proof Foundation109/09/2109/09/2109/09/2109/09/2A1130Back Fill Deep Foundation209/10/2109/13/2109/10/2109/13/2A1140Pin Shallow Footings109/14/2109/14/2109/14/2109/14/2A1150Form Shallow Footings309/15/2109/17/2109/15/2109/17/2A1160Re-bar for Shallow Footings209/20/2109/21/2109/20/2109/21/2A1165Inspection109/22/2109/22/2109/22/2109/22/2A1170Pour Shallow Footings109/23/2109/23/2109/23/2109/23/2A1180Strip Shallow Footings109/24/2109/24/2109/24/2109/24/23012201220112001230122011200122011201123012201120012301220122011200122011201123012201120012301220FebruaryMarchAprilMayJuneJulyAugustSOctoberNDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSOctoberND20212022Excavate FoundationPin FootingsForm FootingsInstall Re-bar for FootingsInspection FootingsPour FootingsStrip FootingsPin WallsForm WallsInstall Re-bar for WallsInstall MEP SleevesInspection of WallsPour WallsStrip WallsWater Proof FoundationPrep grade of S.O.G.Install Radon PipingInspection of RadonInstall Vapor barrierPin Foundation for ExcavationForm & Poor S.O.G.Back Fill FoundationInstall Foundation Drainage SystemPin Grade BeamsExcavate Grade BeamsForm Grade BeamsInstall Re-bar for Grade BeamsInspection of Grade BeamsPour Grade BeamsBack Fill Grade BeamsUfer Install / InspectionSet and Stitch UnitsComplete Interior Rough-In ConnectionsComplete Interior FinishesComplete Exterior StitchingComplete Exteriors (Overframing, Balconies, Stairs, etc)Set Truess/Sheet roof and Install FasicaDry-In RoofRoofingSidingPin StructureExcavate FoundationPin FootingsForm FootingsInstall Re-bar FootingsInspectionPour FootingsPin Walls/PilersForm Walls/PilersInstall Re-bar for Walls / PilersInspectionPour Walls & PilersStrip FormsWater Proof FoundationBack Fill Deep FoundationPin Shallow FootingsForm Shallow FootingsRe-bar for Shallow FootingsInspectionPour Shallow FootingsStrip Shallow FootingsSHAW CONSTRUCTION08.27.2020 - Burlingame Phase III - 90% Drawings BidBurlingames Phase #3 Print Date: 08/28/20 Data Date: 08/27/20 TASK filter: All ActivitiesRemaining Level of EffortActual Level of EffortProject Baseline BarActual WorkRemaining WorkCritical Remainin...Page 2 of 10DateRevisionCheckedApproved209 Activity IDActivity NameOriginauratioStartFinishBL Project StartBL Project FinishA1190Pin Stemwalls109/27/2109/27/2109/27/2109/27/2A1200Form Stemwall109/28/2109/28/2109/28/2109/28/2A1210Install Re-bar for Stemwalls109/29/2109/29/2109/29/2109/29/2A1220Inspection109/30/2109/30/2109/30/2109/30/2A1230Pour Stemwalls110/01/2110/01/2110/01/2110/01/2A1240Back Fill & Grade for S.O.G.210/04/2110/05/2110/04/2110/05/2A1250Form & Pour Interior110/06/2110/06/2110/06/2110/06/2A1260Stick Frame Garages1510/07/2110/27/2110/07/2110/27/2A1270Side Garages2011/04/2112/03/2111/04/2112/03/2A1280Roof Garages511/29/2112/03/2111/29/2112/03/2HardscHardscape / Landscape5203/14/2205/24/2203/14/2205/24/208S02100Subgrade / Grade Sidewalks503/14/22*03/18/2203/14/2203/18/208S02110Topsoil Respread504/04/2204/08/2204/04/2204/08/208S02120Landscape2504/11/2205/13/2204/11/2205/13/208S02130Sitework Inspections705/16/2205/24/2205/16/2205/24/208S03100Flatwork / FRP Sidewalks1003/21/2204/01/2203/21/2204/01/2CloseoCloseout4411/04/2101/12/2211/04/2101/12/208H011010Shaw Pre-Punch411/04/2111/09/2111/04/2111/09/208H011020Final Inspections1011/10/2111/23/2111/10/2111/23/208H011030Contractor Pre-Punch Corrections511/24/2112/02/2111/24/2112/02/208H011040Owner Walk112/03/2112/03/2112/03/2112/03/208H011050Owner Corrections512/06/2112/10/2112/06/2112/10/208H011060Final Clean412/13/2112/16/2112/13/2112/16/208H011070Building Completion001/12/2201/12/208H011080Non-Productive Weather Days (15)1512/17/2101/12/2212/17/2101/12/2BuildingBuilding 928104/28/2106/08/2204/28/2106/08/2FoundaFoundation5504/28/2107/15/2104/28/2107/15/209071110Pin Foundation for Excavation104/28/2104/28/2104/28/2104/28/209071120Excavate Foundation504/29/2105/05/2104/29/2105/05/209071130Pin Footings105/06/2105/06/2105/06/2105/06/209071140Form Footings305/07/2105/11/2105/07/2105/11/209071150Install Re-bar for Footings205/12/2105/13/2105/12/2105/13/209071160Inspection Footings105/14/2105/14/2105/14/2105/14/209071170Pour Footings105/17/2105/17/2105/17/2105/17/209071180Strip Footings105/18/2105/18/2105/18/2105/18/209071190Pin Walls105/19/2105/19/2105/19/2105/19/209071200Form Walls505/20/2105/26/2105/20/2105/26/209071210Install Re-bar for Walls305/27/2106/01/2105/27/2106/01/209071220Ufer Install / Inspection106/02/2106/02/2106/02/2106/02/209071230Install MEP Sleeves106/02/2106/02/2106/02/2106/02/209071240Inspection of Walls106/03/2106/03/2106/03/2106/03/209071250Pour Walls106/04/2106/04/2106/04/2106/04/209071260Strip Walls306/10/2106/14/2106/10/2106/14/209071270Water Proof Foundation106/15/2106/15/2106/15/2106/15/209071280Prep grade of S.O.G.106/16/2106/16/2106/16/2106/16/209071290Install Radon Piping206/17/2106/18/2106/17/2106/18/209071300Inspection of Radon106/21/2106/21/2106/21/2106/21/209071310Install Vapor barrier206/22/2106/23/2106/22/2106/23/209071320Form & Poor S.O.G.106/24/2106/24/2106/24/2106/24/209071330Back Fill Foundation306/25/2106/29/2106/25/2106/29/209071340Install Foundation Drainage System206/29/2106/30/2106/29/2106/30/209071350Pin Grade Beams107/01/2107/01/2107/01/2107/01/209071360Excavate Grade Beams207/02/2107/06/2107/02/2107/06/209071370Form Grade Beams207/07/2107/08/2107/07/2107/08/209071380Install Re-bar for Grade Beams107/09/2107/09/2107/09/2107/09/209071390Inspection of Grade Beams107/12/2107/12/2107/12/2107/12/209071400Pour Grade Beams107/13/2107/13/2107/13/2107/13/209071410Back Fill Grade Beams207/14/2107/15/2107/14/2107/15/2Set / StSet / Stitch Units5007/20/2109/28/2107/20/2109/28/209061100Set and Stitch Units1007/20/2108/02/2107/20/2108/02/209061110Complete Interior Rough-In Connections2008/03/2108/30/2108/03/2108/30/209061120Complete Interior Finishes2008/31/2109/28/2108/31/2109/28/2ExterioExteriors7608/03/2111/17/2108/03/2111/17/20806E160Complete Exterior Stitching308/03/2108/05/2108/03/2108/05/23012201220112001230122011200122011201123012201120012301220122011200122011201123012201120012301220FebruaryMarchAprilMayJuneJulyAugustSOctoberNDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSOctoberND20212022Pin StemwallsForm StemwallInstall Re-bar for StemwallsInspectionPour StemwallsBack Fill & Grade for S.O.G.Form & Pour InteriorStick Frame GaragesSide GaragesRoof GaragesSubgrade / Grade SidewalksTopsoil RespreadLandscapeSitework InspectionsFlatwork / FRP SidewalksShaw Pre-PunchFinal InspectionsContractor Pre-Punch CorrectionsOwner WalkOwner CorrectionsFinal CleanBuilding CompletionNon-Productive Weather Days (15)Pin Foundation for ExcavationExcavate FoundationPin FootingsForm FootingsInstall Re-bar for FootingsInspection FootingsPour FootingsStrip FootingsPin WallsForm WallsInstall Re-bar for WallsUfer Install / InspectionInstall MEP SleevesInspection of WallsPour WallsStrip WallsWater Proof FoundationPrep grade of S.O.G.Install Radon PipingInspection of RadonInstall Vapor barrierForm & Poor S.O.G.Back Fill FoundationInstall Foundation Drainage SystemPin Grade BeamsExcavate Grade BeamsForm Grade BeamsInstall Re-bar for Grade BeamsInspection of Grade BeamsPour Grade BeamsBack Fill Grade BeamsSet and Stitch UnitsComplete Interior Rough-In ConnectionsComplete Interior FinishesComplete Exterior StitchingSHAW CONSTRUCTION08.27.2020 - Burlingame Phase III - 90% Drawings BidBurlingames Phase #3 Print Date: 08/28/20 Data Date: 08/27/20 TASK filter: All ActivitiesRemaining Level of EffortActual Level of EffortProject Baseline BarActual WorkRemaining WorkCritical Remainin...Page 3 of 10DateRevisionCheckedApproved210 Activity IDActivity NameOriginauratioStartFinishBL Project StartBL Project Finish0806E170Set Truess/Sheet roof and Install Fasica1008/06/2108/19/2108/06/2108/19/20806E180Complete Exteriors (Overframing, Balconi1508/20/2109/10/2108/20/2109/10/20806E190Dry-In Roof309/13/2109/15/2109/13/2109/15/20806E200Siding4509/16/2111/17/2109/16/2111/17/20806E210Roofing1009/30/2110/13/2109/30/2110/13/2HardscHardscape / Landscape5703/21/2206/08/2203/21/2206/08/209S02100Subgrade / Grade Sidewalks503/21/2203/25/2203/21/2203/25/209S02110Topsoil Respread504/11/2204/15/2204/11/2204/15/209S02120Landscape2504/25/2205/27/2204/25/2205/27/209S02130Sitework Inspections705/31/2206/08/2205/31/2206/08/209S03100Flatwork / FRP Sidewalks1003/28/2204/08/2203/28/2204/08/2CloseoCloseout4411/18/2101/26/2211/18/2101/26/209H011010Shaw Pre-Punch411/18/2111/23/2111/18/2111/23/209H011020Final Inspections1011/24/2112/09/2111/24/2112/09/209H011030Contractor Pre-Punch Corrections512/10/2112/16/2112/10/2112/16/209H011040Owner Walk112/17/2112/17/2112/17/2112/17/209H011050Owner Corrections512/20/2112/28/2112/20/2112/28/209H011060Final Clean412/29/2101/05/2212/29/2101/05/209H011070Building Completion001/26/2201/26/209H011080Non-Productive Weather Days (15)1501/06/2201/26/2201/06/2201/26/2BuildingBuilding 1028105/12/2106/22/2205/12/2106/22/2FoundaFoundation5505/12/2107/29/2105/12/2107/29/209071420Pin Foundation for Excavation105/12/2105/12/2105/12/2105/12/209071430Excavate Foundation505/13/2105/19/2105/13/2105/19/209071440Pin Footings105/20/2105/20/2105/20/2105/20/209071450Form Footings305/21/2105/25/2105/21/2105/25/209071460Install Re-bar for Footings205/26/2105/27/2105/26/2105/27/209071470Inspection Footings105/28/2105/28/2105/28/2105/28/209071480Pour Footings106/01/2106/01/2106/01/2106/01/209071490Strip Footings106/02/2106/02/2106/02/2106/02/209071500Pin Walls106/03/2106/03/2106/03/2106/03/209071510Form Walls506/04/2106/10/2106/04/2106/10/209071520Install Re-bar for Walls306/11/2106/15/2106/11/2106/15/209071530Ufer Install / Inspection106/16/2106/16/2106/16/2106/16/209071540Install MEP Sleeves106/16/2106/16/2106/16/2106/16/209071550Inspection of Walls106/17/2106/17/2106/17/2106/17/209071560Pour Walls106/18/2106/18/2106/18/2106/18/209071570Strip Walls306/24/2106/28/2106/24/2106/28/209071580Water Proof Foundation106/29/2106/29/2106/29/2106/29/209071590Prep grade of S.O.G.106/30/2106/30/2106/30/2106/30/209071600Install Radon Piping207/01/2107/02/2107/01/2107/02/209071610Inspection of Radon107/06/2107/06/2107/06/2107/06/209071620Install Vapor barrier207/07/2107/08/2107/07/2107/08/209071630Form & Poor S.O.G.107/09/2107/09/2107/09/2107/09/209071640Back Fill Foundation307/12/2107/14/2107/12/2107/14/209071650Install Foundation Drainage System207/14/2107/15/2107/14/2107/15/209071660Pin Grade Beams107/16/2107/16/2107/16/2107/16/209071670Excavate Grade Beams207/19/2107/20/2107/19/2107/20/209071680Form Grade Beams207/21/2107/22/2107/21/2107/22/209071690Install Re-bar for Grade Beams107/23/2107/23/2107/23/2107/23/209071700Inspection of Grade Beams107/26/2107/26/2107/26/2107/26/209071710Pour Grade Beams107/27/2107/27/2107/27/2107/27/209071720Back Fill Grade Beams207/28/2107/29/2107/28/2107/29/2Set / StSet / Stitch Units5008/03/2110/12/2108/03/2110/12/210061100Set and Stitch Units1008/03/2108/16/2108/03/2108/16/210061110Complete Interior Rough-In Connections2008/17/2109/14/2108/17/2109/14/210061120Complete Interior Finishes2009/15/2110/12/2109/15/2110/12/2ExterioExteriors7608/17/2112/03/2108/17/2112/03/20806E220Complete Exterior Stitching308/17/2108/19/2108/17/2108/19/20806E230Set Truess/Sheet roof and Install Fasica1008/20/2109/02/2108/20/2109/02/20806E240Complete Exteriors (Overframing, Balconi1509/03/2109/24/2109/03/2109/24/20806E250Dry-In Roof309/27/2109/29/2109/27/2109/29/20806E260Siding4509/30/2112/03/2109/30/2112/03/20806E270Roofing1010/14/2110/27/2110/14/2110/27/23012201220112001230122011200122011201123012201120012301220122011200122011201123012201120012301220FebruaryMarchAprilMayJuneJulyAugustSOctoberNDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSOctoberND20212022Set Truess/Sheet roof and Install FasicaComplete Exteriors (Overframing, Balconies, Stairs, etc)Dry-In RoofSidingRoofingSubgrade / Grade SidewalksTopsoil RespreadLandscapeSitework InspectionsFlatwork / FRP SidewalksShaw Pre-PunchFinal InspectionsContractor Pre-Punch CorrectionsOwner WalkOwner CorrectionsFinal CleanBuilding CompletionNon-Productive Weather Days (15)Pin Foundation for ExcavationExcavate FoundationPin FootingsForm FootingsInstall Re-bar for FootingsInspection FootingsPour FootingsStrip FootingsPin WallsForm WallsInstall Re-bar for WallsUfer Install / InspectionInstall MEP SleevesInspection of WallsPour WallsStrip WallsWater Proof FoundationPrep grade of S.O.G.Install Radon PipingInspection of RadonInstall Vapor barrierForm & Poor S.O.G.Back Fill FoundationInstall Foundation Drainage SystemPin Grade BeamsExcavate Grade BeamsForm Grade BeamsInstall Re-bar for Grade BeamsInspection of Grade BeamsPour Grade BeamsBack Fill Grade BeamsSet and Stitch UnitsComplete Interior Rough-In ConnectionsComplete Interior FinishesComplete Exterior StitchingSet Truess/Sheet roof and Install FasicaComplete Exteriors (Overframing, Balconies, Stairs, etc)Dry-In RoofSidingRoofingSHAW CONSTRUCTION08.27.2020 - Burlingame Phase III - 90% Drawings BidBurlingames Phase #3 Print Date: 08/28/20 Data Date: 08/27/20 TASK filter: All ActivitiesRemaining Level of EffortActual Level of EffortProject Baseline BarActual WorkRemaining WorkCritical Remainin...Page 4 of 10DateRevisionCheckedApproved211 Activity IDActivity NameOriginauratioStartFinishBL Project StartBL Project FinishHardscHardscape / Landscape6203/28/2206/22/2203/28/2206/22/210S02100Subgrade / Grade Sidewalks503/28/2204/01/2203/28/2204/01/210S02110Topsoil Respread504/18/2204/22/2204/18/2204/22/210S02120Landscape2505/09/2206/13/2205/09/2206/13/210S02130Sitework Inspections706/14/2206/22/2206/14/2206/22/210S03100Flatwork / FRP Sidewalks1004/04/2204/15/2204/04/2204/15/2GarageGarages / Parking Area Phase 28109/21/2101/19/2209/21/2101/19/2A1290Pin Structure109/21/2109/21/2109/21/2109/21/2A1300Excavate Foundation509/22/2109/28/2109/22/2109/28/2A1310Pin Footings109/29/2109/29/2109/29/2109/29/2A1320Form Footings309/30/2110/04/2109/30/2110/04/2A1330Install Re-bar Footings210/05/2110/06/2110/05/2110/06/2A1340Inspection110/07/2110/07/2110/07/2110/07/2A1350Pour Footings110/08/2110/08/2110/08/2110/08/2A1360Pin Walls/Pilers110/11/2110/11/2110/11/2110/11/2A1370Form Walls/Pilers510/12/2110/18/2110/12/2110/18/2A1380Install Re-bar for Walls / Pilers310/19/2110/21/2110/19/2110/21/2A1390Inspection110/22/2110/22/2110/22/2110/22/2A1400Pour Walls & Pilers110/25/2110/25/2110/25/2110/25/2A1410Strip Forms110/26/2110/26/2110/26/2110/26/2A1420Water Proof Foundation110/27/2110/27/2110/27/2110/27/2A1430Back Fill Deep Foundation210/28/2110/29/2110/28/2110/29/2A1440Pin Shallow Footings111/01/2111/01/2111/01/2111/01/2A1450Form Shallow Footings311/02/2111/04/2111/02/2111/04/2A1460Re-bar for Shallow Footings211/05/2111/08/2111/05/2111/08/2A1470Inspection111/09/2111/09/2111/09/2111/09/2A1480Pour Shallow Footings111/10/2111/10/2111/10/2111/10/2A1490Strip Shallow Footings111/11/2111/11/2111/11/2111/11/2A1500Pin Stemwalls111/12/2111/12/2111/12/2111/12/2A1510Form Stemwall111/15/2111/15/2111/15/2111/15/2A1520Install Re-bar for Stemwalls111/16/2111/16/2111/16/2111/16/2A1530Inspection111/17/2111/17/2111/17/2111/17/2A1540Pour Stemwalls111/18/2111/18/2111/18/2111/18/2A1550Back Fill & Grade for S.O.G.211/19/2111/22/2111/19/2111/22/2A1560Form & Pour Interior111/23/2111/23/2111/23/2111/23/2A1570Stick Frame Garages1511/24/2112/16/2111/24/2112/16/2A1580Side Garages2012/17/2101/19/2212/17/2101/19/2A1590Roof Garages501/13/2201/19/2201/13/2201/19/2CloseoCloseout4412/06/2102/09/2212/06/2102/09/210H011010Shaw Pre-Punch412/06/2112/09/2112/06/2112/09/210H011020Final Inspections1012/10/2112/23/2112/10/2112/23/210H011030Contractor Pre-Punch Corrections512/28/2101/05/2212/28/2101/05/210H011040Owner Walk101/06/2201/06/2201/06/2201/06/210H011050Owner Corrections501/07/2201/13/2201/07/2201/13/210H011060Final Clean401/14/2201/19/2201/14/2201/19/210H011070Building Completion002/09/2202/09/210H011080Non-Productive Weather Days (15)1501/20/2202/09/2201/20/2202/09/2BuildingBuilding 1128105/26/2107/07/2205/26/2107/07/2FoundaFoundation5505/26/2108/12/2105/26/2108/12/209071730Pin Foundation for Excavation105/26/2105/26/2105/26/2105/26/209071740Excavate Foundation505/27/2106/03/2105/27/2106/03/209071750Pin Footings106/04/2106/04/2106/04/2106/04/209071760Form Footings306/07/2106/09/2106/07/2106/09/209071770Install Re-bar for Footings206/10/2106/11/2106/10/2106/11/209071780Inspection Footings106/14/2106/14/2106/14/2106/14/209071790Pour Footings106/15/2106/15/2106/15/2106/15/209071800Strip Footings106/16/2106/16/2106/16/2106/16/209071810Pin Walls106/17/2106/17/2106/17/2106/17/209071820Form Walls506/18/2106/24/2106/18/2106/24/209071830Install Re-bar for Walls306/25/2106/29/2106/25/2106/29/209071840Ufer Install / Inspection106/30/2106/30/2106/30/2106/30/209071850Install MEP Sleeves106/30/2106/30/2106/30/2106/30/209071860Inspection of Walls107/01/2107/01/2107/01/2107/01/209071870Pour Walls107/02/2107/02/2107/02/2107/02/209071880Strip Walls307/09/2107/13/2107/09/2107/13/23012201220112001230122011200122011201123012201120012301220122011200122011201123012201120012301220FebruaryMarchAprilMayJuneJulyAugustSOctoberNDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSOctoberND20212022Subgrade / Grade SidewalksTopsoil RespreadLandscapeSitework InspectionsFlatwork / FRP SidewalksPin StructureExcavate FoundationPin FootingsForm FootingsInstall Re-bar FootingsInspectionPour FootingsPin Walls/PilersForm Walls/PilersInstall Re-bar for Walls / PilersInspectionPour Walls & PilersStrip FormsWater Proof FoundationBack Fill Deep FoundationPin Shallow FootingsForm Shallow FootingsRe-bar for Shallow FootingsInspectionPour Shallow FootingsStrip Shallow FootingsPin StemwallsForm StemwallInstall Re-bar for StemwallsInspectionPour StemwallsBack Fill & Grade for S.O.G.Form & Pour InteriorStick Frame GaragesSide GaragesRoof GaragesShaw Pre-PunchFinal InspectionsContractor Pre-Punch CorrectionsOwner WalkOwner CorrectionsFinal CleanBuilding CompletionNon-Productive Weather Days (15)Pin Foundation for ExcavationExcavate FoundationPin FootingsForm FootingsInstall Re-bar for FootingsInspection FootingsPour FootingsStrip FootingsPin WallsForm WallsInstall Re-bar for WallsUfer Install / InspectionInstall MEP SleevesInspection of WallsPour WallsStrip WallsSHAW CONSTRUCTION08.27.2020 - Burlingame Phase III - 90% Drawings BidBurlingames Phase #3 Print Date: 08/28/20 Data Date: 08/27/20 TASK filter: All ActivitiesRemaining Level of EffortActual Level of EffortProject Baseline BarActual WorkRemaining WorkCritical Remainin...Page 5 of 10DateRevisionCheckedApproved212 Activity IDActivity NameOriginauratioStartFinishBL Project StartBL Project Finish09071890Water Proof Foundation107/14/2107/14/2107/14/2107/14/209071900Prep grade of S.O.G.107/15/2107/15/2107/15/2107/15/209071910Install Radon Piping207/16/2107/19/2107/16/2107/19/209071920Inspection of Radon107/20/2107/20/2107/20/2107/20/209071930Install Vapor barrier207/21/2107/22/2107/21/2107/22/209071940Form & Poor S.O.G.107/23/2107/23/2107/23/2107/23/209071950Back Fill Foundation307/26/2107/28/2107/26/2107/28/209071960Install Foundation Drainage System207/28/2107/29/2107/28/2107/29/209071970Pin Grade Beams107/30/2107/30/2107/30/2107/30/209071980Excavate Grade Beams208/02/2108/03/2108/02/2108/03/209071990Form Grade Beams208/04/2108/05/2108/04/2108/05/209072000Install Re-bar for Grade Beams108/06/2108/06/2108/06/2108/06/209072010Inspection of Grade Beams108/09/2108/09/2108/09/2108/09/209072020Pour Grade Beams108/10/2108/10/2108/10/2108/10/209072030Back Fill Grade Beams208/11/2108/12/2108/11/2108/12/2Set / StSet / Stitch Units5008/17/2110/26/2108/17/2110/26/211061100Set and Stitch Units1008/17/2108/30/2108/17/2108/30/211061110Complete Interior Rough-In Connections2008/31/2109/28/2108/31/2109/28/211061120Complete Interior Finishes2009/29/2110/26/2109/29/2110/26/2ExterioExteriors7408/31/2112/15/2108/31/2112/15/20806E280Complete Exterior Stitching308/31/2109/02/2108/31/2109/02/20806E290Set Truess/Sheet roof and Install Fasica1009/03/2109/17/2109/03/2109/17/20806E300Complete Exteriors (Overframing, Balconi1509/20/2110/08/2109/20/2110/08/20806E310Dry-In Roof110/11/2110/11/2110/11/2110/11/20806E320Siding4510/12/2112/15/2110/12/2112/15/20806E330Roofing1011/02/2111/15/2111/02/2111/15/2HardscHardscape / Landscape6704/04/2207/07/2204/04/2207/07/211S02100Subgrade / Grade Sidewalks504/04/2204/08/2204/04/2204/08/211S02110Topsoil Respread504/25/22*04/29/2204/25/2204/29/211S02120Landscape2505/23/2206/27/2205/23/2206/27/211S02130Sitework Inspections706/28/2207/07/2206/28/2207/07/211S03100Flatwork / FRP Sidewalks1004/11/2204/22/2204/11/2204/22/2CloseoCloseout4412/16/2102/21/2212/16/2102/21/211H011010Shaw Pre-Punch412/16/2112/21/2112/16/2112/21/211H011020Final Inspections1012/22/2101/10/2212/22/2101/10/211H011030Contractor Pre-Punch Corrections501/11/2201/17/2201/11/2201/17/211H011040Owner Walk101/18/2201/18/2201/18/2201/18/211H011050Owner Corrections501/19/2201/25/2201/19/2201/25/211H011060Final Clean401/26/2201/31/2201/26/2201/31/211H011070Building Completion002/21/2202/21/211H011080Non-Productive Weather Days (15)1502/01/2202/21/2202/01/2202/21/2BuildingBuilding 1227606/17/2107/21/2206/17/2107/21/2FoundaFoundation5606/17/2109/03/2106/17/2109/03/209072040Pin Foundation for Excavation106/17/2106/17/2106/17/2106/17/209072050Excavate Foundation506/21/2106/25/2106/21/2106/25/209072060Pin Footings106/28/2106/28/2106/28/2106/28/209072070Form Footings306/29/2107/01/2106/29/2107/01/209072080Install Re-bar for Footings207/02/2107/06/2107/02/2107/06/209072090Inspection Footings107/07/2107/07/2107/07/2107/07/209072100Pour Footings107/08/2107/08/2107/08/2107/08/209072110Strip Footings107/09/2107/09/2107/09/2107/09/209072120Pin Walls107/12/2107/12/2107/12/2107/12/209072130Form Walls507/13/2107/19/2107/13/2107/19/209072140Install Re-bar for Walls307/20/2107/22/2107/20/2107/22/209072150Ufer Install / Inspection107/23/2107/23/2107/23/2107/23/209072160Install MEP Sleeves107/23/2107/23/2107/23/2107/23/209072170Inspection of Walls107/26/2107/26/2107/26/2107/26/209072180Pour Walls107/27/2107/27/2107/27/2107/27/209072190Strip Walls308/02/2108/04/2108/02/2108/04/209072200Water Proof Foundation108/05/2108/05/2108/05/2108/05/209072210Prep grade of S.O.G.108/06/2108/06/2108/06/2108/06/209072220Install Radon Piping208/09/2108/10/2108/09/2108/10/209072230Inspection of Radon108/11/2108/11/2108/11/2108/11/209072240Install Vapor barrier208/12/2108/13/2108/12/2108/13/23012201220112001230122011200122011201123012201120012301220122011200122011201123012201120012301220FebruaryMarchAprilMayJuneJulyAugustSOctoberNDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSOctoberND20212022Water Proof FoundationPrep grade of S.O.G.Install Radon PipingInspection of RadonInstall Vapor barrierForm & Poor S.O.G.Back Fill FoundationInstall Foundation Drainage SystemPin Grade BeamsExcavate Grade BeamsForm Grade BeamsInstall Re-bar for Grade BeamsInspection of Grade BeamsPour Grade BeamsBack Fill Grade BeamsSet and Stitch UnitsComplete Interior Rough-In ConnectionsComplete Interior FinishesComplete Exterior StitchingSet Truess/Sheet roof and Install FasicaComplete Exteriors (Overframing, Balconies, Stairs, etc)Dry-In RoofSidingRoofingSubgrade / Grade SidewalksTopsoil RespreadLandscapeSitework InspectionsFlatwork / FRP SidewalksShaw Pre-PunchFinal InspectionsContractor Pre-Punch CorrectionsOwner WalkOwner CorrectionsFinal CleanBuilding CompletionNon-Productive Weather Days (15)Pin Foundation for ExcavationExcavate FoundationPin FootingsForm FootingsInstall Re-bar for FootingsInspection FootingsPour FootingsStrip FootingsPin WallsForm WallsInstall Re-bar for WallsUfer Install / InspectionInstall MEP SleevesInspection of WallsPour WallsStrip WallsWater Proof FoundationPrep grade of S.O.G.Install Radon PipingInspection of RadonInstall Vapor barrierSHAW CONSTRUCTION08.27.2020 - Burlingame Phase III - 90% Drawings BidBurlingames Phase #3 Print Date: 08/28/20 Data Date: 08/27/20 TASK filter: All ActivitiesRemaining Level of EffortActual Level of EffortProject Baseline BarActual WorkRemaining WorkCritical Remainin...Page 6 of 10DateRevisionCheckedApproved213 Activity IDActivity NameOriginauratioStartFinishBL Project StartBL Project Finish09072250Form & Poor S.O.G.108/16/2108/16/2108/16/2108/16/209072260Back Fill Foundation308/17/2108/19/2108/17/2108/19/209072270Install Foundation Drainage System208/19/2108/20/2108/19/2108/20/209072280Pin Grade Beams108/23/2108/23/2108/23/2108/23/209072290Excavate Grade Beams208/24/2108/25/2108/24/2108/25/209072300Form Grade Beams208/26/2108/27/2108/26/2108/27/209072310Install Re-bar for Grade Beams108/30/2108/30/2108/30/2108/30/209072320Inspection of Grade Beams108/31/2108/31/2108/31/2108/31/209072330Pour Grade Beams109/01/2109/01/2109/01/2109/01/209072340Back Fill Grade Beams209/02/2109/03/2109/02/2109/03/2Set / StSet / Stitch Units5009/07/2111/15/2109/07/2111/15/212061100Set and Stitch Units1009/07/2109/20/2109/07/2109/20/212061110Complete Interior Rough-In Connections2009/21/2110/18/2109/21/2110/18/212061120Complete Interior Finishes2010/19/2111/15/2110/19/2111/15/2ExterioExteriors7509/21/2101/11/2209/21/2101/11/20806E340Complete Exterior Stitching309/21/2109/23/2109/21/2109/23/20806E350Set Truess/Sheet roof and Install Fasica1009/24/2110/07/2109/24/2110/07/20806E360Complete Exteriors (Overframing, Balconi1510/08/2110/28/2110/08/2110/28/20806E370Dry-In Roof310/28/2111/01/2110/28/2111/01/20806E380Siding4511/02/2101/11/2211/02/2101/11/20806E390Roofing1011/16/2112/01/2111/16/2112/01/2HardscHardscape / Landscape7204/11/2207/21/2204/11/2207/21/212S02100Subgrade / Grade Sidewalks504/11/2204/15/2204/11/2204/15/212S02110Topsoil Respread505/02/2205/06/2205/02/2205/06/212S02120Landscape2506/07/2207/12/2206/07/2207/12/212S02130Sitework Inspections707/13/2207/21/2207/13/2207/21/212S03100Flatwork / FRP Sidewalks1004/18/2204/29/2204/18/2204/29/2CloseoCloseout4401/12/2203/14/2201/12/2203/14/212H011010Shaw Pre-Punch401/12/2201/17/2201/12/2201/17/212H011020Final Inspections1001/18/2201/31/2201/18/2201/31/212H011030Contractor Pre-Punch Corrections502/01/2202/07/2202/01/2202/07/212H011040Owner Walk102/08/2202/08/2202/08/2202/08/212H011050Owner Corrections502/09/2202/15/2202/09/2202/15/212H011060Final Clean402/16/2202/21/2202/16/2202/21/212H011070Building Completion003/14/2203/14/212H011080Non-Productive Weather Days (15)1502/22/2203/14/2202/22/2203/14/2GarageGarage / Parking Area Phase 38610/26/2103/02/2210/26/2103/02/2A1600Pin Structure110/26/2110/26/2110/26/2110/26/2A1610Excavate Foundation510/27/2111/02/2110/27/2111/02/2A1620Pin Footings111/03/2111/03/2111/03/2111/03/2A1630Form Footings311/04/2111/08/2111/04/2111/08/2A1640Install Re-bar Footings211/09/2111/10/2111/09/2111/10/2A1650Inspection111/11/2111/11/2111/11/2111/11/2A1660Pour Footings111/12/2111/12/2111/12/2111/12/2A1670Pin Walls/Pilers111/15/2111/15/2111/15/2111/15/2A1680Form Walls/Pilers511/16/2111/22/2111/16/2111/22/2A1690Install Re-bar for Walls / Pilers311/23/2111/29/2111/23/2111/29/2A1700Inspection111/30/2111/30/2111/30/2111/30/2A1710Pour Walls & Pilers112/01/2112/01/2112/01/2112/01/2A1720Strip Forms112/02/2112/02/2112/02/2112/02/2A1730Water Proof Foundation112/03/2112/03/2112/03/2112/03/2A1740Back Fill Deep Foundation212/06/2112/07/2112/06/2112/07/2A1750Pin Shallow Footings112/08/2112/08/2112/08/2112/08/2A1760Form Shallow Footings312/09/2112/13/2112/09/2112/13/2A1770Re-bar for Shallow Footings212/14/2112/15/2112/14/2112/15/2A1780Inspection112/16/2112/16/2112/16/2112/16/2A1790Pour Shallow Footings112/17/2112/17/2112/17/2112/17/2A1800Strip Shallow Footings112/20/2112/20/2112/20/2112/20/2A1810Pin Stemwalls112/21/2112/21/2112/21/2112/21/2A1820Form Stemwall112/22/2112/22/2112/22/2112/22/2A1830Install Re-bar for Stemwalls112/23/2112/23/2112/23/2112/23/2A1840Inspection112/28/2112/28/2112/28/2112/28/2A1850Pour Stemwalls112/29/2112/29/2112/29/2112/29/2A1860Back Fill & Grade for S.O.G.212/30/2101/04/2212/30/2101/04/2A1870Form & Pour Interior101/05/2201/05/2201/05/2201/05/23012201220112001230122011200122011201123012201120012301220122011200122011201123012201120012301220FebruaryMarchAprilMayJuneJulyAugustSOctoberNDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSOctoberND20212022Form & Poor S.O.G.Back Fill FoundationInstall Foundation Drainage SystemPin Grade BeamsExcavate Grade BeamsForm Grade BeamsInstall Re-bar for Grade BeamsInspection of Grade BeamsPour Grade BeamsBack Fill Grade BeamsSet and Stitch UnitsComplete Interior Rough-In ConnectionsComplete Interior FinishesComplete Exterior StitchingSet Truess/Sheet roof and Install FasicaComplete Exteriors (Overframing, Balconies, Stairs, etc)Dry-In RoofSidingRoofingSubgrade / Grade SidewalksTopsoil RespreadLandscapeSitework InspectionsFlatwork / FRP SidewalksShaw Pre-PunchFinal InspectionsContractor Pre-Punch CorrectionsOwner WalkOwner CorrectionsFinal CleanBuilding CompletionNon-Productive Weather Days (15)Pin StructureExcavate FoundationPin FootingsForm FootingsInstall Re-bar FootingsInspectionPour FootingsPin Walls/PilersForm Walls/PilersInstall Re-bar for Walls / PilersInspectionPour Walls & PilersStrip FormsWater Proof FoundationBack Fill Deep FoundationPin Shallow FootingsForm Shallow FootingsRe-bar for Shallow FootingsInspectionPour Shallow FootingsStrip Shallow FootingsPin StemwallsForm StemwallInstall Re-bar for StemwallsInspectionPour StemwallsBack Fill & Grade for S.O.G.Form & Pour InteriorSHAW CONSTRUCTION08.27.2020 - Burlingame Phase III - 90% Drawings BidBurlingames Phase #3 Print Date: 08/28/20 Data Date: 08/27/20 TASK filter: All ActivitiesRemaining Level of EffortActual Level of EffortProject Baseline BarActual WorkRemaining WorkCritical Remainin...Page 7 of 10DateRevisionCheckedApproved214 Activity IDActivity NameOriginauratioStartFinishBL Project StartBL Project FinishA1880Stick Frame Garages1501/06/2201/26/2201/06/2201/26/2A1890Side Garages2001/27/2202/23/2201/27/2202/23/2A1900Roof Garages502/24/2203/02/2202/24/2203/02/2BuildingBuilding 1327207/08/2108/04/2207/08/2108/04/2FoundaFoundation5607/08/2109/24/2107/08/2109/24/209072350Pin Foundation for Excavation107/08/2107/08/2107/08/2107/08/209072360Excavate Foundation507/12/2107/16/2107/12/2107/16/209072370Pin Footings107/19/2107/19/2107/19/2107/19/209072380Form Footings307/20/2107/22/2107/20/2107/22/209072390Install Re-bar for Footings207/23/2107/26/2107/23/2107/26/209072400Inspection Footings107/27/2107/27/2107/27/2107/27/209072410Pour Footings107/28/2107/28/2107/28/2107/28/209072420Strip Footings107/29/2107/29/2107/29/2107/29/209072430Pin Walls107/30/2107/30/2107/30/2107/30/209072440Form Walls508/02/2108/06/2108/02/2108/06/209072450Install Re-bar for Walls308/09/2108/11/2108/09/2108/11/209072460Ufer Install / Inspection108/12/2108/12/2108/12/2108/12/209072470Install MEP Sleeves108/12/2108/12/2108/12/2108/12/209072480Inspection of Walls108/13/2108/13/2108/13/2108/13/209072490Pour Walls108/16/2108/16/2108/16/2108/16/209072500Strip Walls308/20/2108/24/2108/20/2108/24/209072510Water Proof Foundation108/25/2108/25/2108/25/2108/25/209072520Prep grade of S.O.G.108/26/2108/26/2108/26/2108/26/209072530Install Radon Piping208/27/2108/30/2108/27/2108/30/209072540Inspection of Radon108/31/2108/31/2108/31/2108/31/209072550Install Vapor barrier209/01/2109/02/2109/01/2109/02/209072560Form & Poor S.O.G.109/03/2109/03/2109/03/2109/03/209072570Back Fill Foundation309/07/2109/09/2109/07/2109/09/209072580Install Foundation Drainage System209/09/2109/10/2109/09/2109/10/209072590Pin Grade Beams109/13/2109/13/2109/13/2109/13/209072600Excavate Grade Beams209/14/2109/15/2109/14/2109/15/209072610Form Grade Beams209/16/2109/17/2109/16/2109/17/209072620Install Re-bar for Grade Beams109/20/2109/20/2109/20/2109/20/209072630Inspection of Grade Beams109/21/2109/21/2109/21/2109/21/209072640Pour Grade Beams109/22/2109/22/2109/22/2109/22/209072650Back Fill Grade Beams209/23/2109/24/2109/23/2109/24/2Set / StSet / Stitch Units5009/28/2112/08/2109/28/2112/08/213061100Set and Stitch Units1009/28/2110/11/2109/28/2110/11/213061110Complete Interior Rough-In Connections2010/12/2111/08/2110/12/2111/08/213061120Complete Interior Finishes2011/09/2112/08/2111/09/2112/08/2ExterioExteriors7610/12/2102/02/2210/12/2102/02/20806E400Complete Exterior Stitching310/12/2110/14/2110/12/2110/14/20806E410Set Truess/Sheet roof and Install Fasica1010/15/2110/28/2110/15/2110/28/20806E420Complete Exteriors (Overframing, Balconi1510/29/2111/18/2110/29/2111/18/20806E430Dry-In Roof311/19/2111/23/2111/19/2111/23/20806E440Siding4511/24/2102/02/2211/24/2102/02/20806E450Roofing1012/10/2112/23/2112/10/2112/23/2HardscHardscape / Landscape7704/18/2208/04/2204/18/2208/04/213S02100Subgrade / Grade Sidewalks504/18/2204/22/2204/18/2204/22/213S02110Topsoil Respread505/09/2205/13/2205/09/2205/13/213S02120Landscape2506/21/2207/26/2206/21/2207/26/213S02130Sitework Inspections707/27/2208/04/2207/27/2208/04/213S03100Flatwork / FRP Sidewalks1004/25/2205/06/2204/25/2205/06/2CloseoCloseout4402/03/2204/05/2202/03/2204/05/213H011010Shaw Pre-Punch402/03/2202/08/2202/03/2202/08/213H011020Final Inspections1002/09/2202/22/2202/09/2202/22/213H011030Contractor Pre-Punch Corrections502/23/2203/01/2202/23/2203/01/213H011040Owner Walk103/02/2203/02/2203/02/2203/02/213H011050Owner Corrections503/03/2203/09/2203/03/2203/09/213H011060Final Clean403/10/2203/15/2203/10/2203/15/213H011070Building Completion004/05/2204/05/213H011080Non-Productive Weather Days (15)1503/16/2204/05/2203/16/2204/05/2BuildingBuilding 1427107/23/2108/18/2207/23/2108/18/23012201220112001230122011200122011201123012201120012301220122011200122011201123012201120012301220FebruaryMarchAprilMayJuneJulyAugustSOctoberNDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSOctoberND20212022Stick Frame GaragesSide GaragesRoof GaragesPin Foundation for ExcavationExcavate FoundationPin FootingsForm FootingsInstall Re-bar for FootingsInspection FootingsPour FootingsStrip FootingsPin WallsForm WallsInstall Re-bar for WallsUfer Install / InspectionInstall MEP SleevesInspection of WallsPour WallsStrip WallsWater Proof FoundationPrep grade of S.O.G.Install Radon PipingInspection of RadonInstall Vapor barrierForm & Poor S.O.G.Back Fill FoundationInstall Foundation Drainage SystemPin Grade BeamsExcavate Grade BeamsForm Grade BeamsInstall Re-bar for Grade BeamsInspection of Grade BeamsPour Grade BeamsBack Fill Grade BeamsSet and Stitch UnitsComplete Interior Rough-In ConnectionsComplete Interior FinishesComplete Exterior StitchingSet Truess/Sheet roof and Install FasicaComplete Exteriors (Overframing, Balconies, Stairs, etc)Dry-In RoofSidingRoofingSubgrade / Grade SidewalksTopsoil RespreadLandscapeSitework InspectionsFlatwork / FRP SidewalksShaw Pre-PunchFinal InspectionsContractor Pre-Punch CorrectionsOwner WalkOwner CorrectionsFinal CleanBuilding CompletionNon-Productive Weather Days (15)SHAW CONSTRUCTION08.27.2020 - Burlingame Phase III - 90% Drawings BidBurlingames Phase #3 Print Date: 08/28/20 Data Date: 08/27/20 TASK filter: All ActivitiesRemaining Level of EffortActual Level of EffortProject Baseline BarActual WorkRemaining WorkCritical Remainin...Page 8 of 10DateRevisionCheckedApproved215 Activity IDActivity NameOriginauratioStartFinishBL Project StartBL Project FinishFoundaFoundation5607/23/2110/11/2107/23/2110/11/209072660Pin Foundation for Excavation107/23/2107/23/2107/23/2107/23/209072670Excavate Foundation507/27/2108/02/2107/27/2108/02/209072680Pin Footings108/03/2108/03/2108/03/2108/03/209072690Form Footings308/04/2108/06/2108/04/2108/06/209072700Install Re-bar for Footings208/09/2108/10/2108/09/2108/10/209072710Inspection Footings108/11/2108/11/2108/11/2108/11/209072720Pour Footings108/12/2108/12/2108/12/2108/12/209072730Strip Footings108/13/2108/13/2108/13/2108/13/209072740Pin Walls108/16/2108/16/2108/16/2108/16/209072750Form Walls508/17/2108/23/2108/17/2108/23/209072760Install Re-bar for Walls308/24/2108/26/2108/24/2108/26/209072770Ufer Install / Inspection108/27/2108/27/2108/27/2108/27/209072780Install MEP Sleeves108/27/2108/27/2108/27/2108/27/209072790Inspection of Walls108/30/2108/30/2108/30/2108/30/209072800Pour Walls108/31/2108/31/2108/31/2108/31/209072810Strip Walls309/07/2109/09/2109/07/2109/09/209072820Water Proof Foundation109/10/2109/10/2109/10/2109/10/209072830Prep grade of S.O.G.109/13/2109/13/2109/13/2109/13/209072840Install Radon Piping209/14/2109/15/2109/14/2109/15/209072850Inspection of Radon109/16/2109/16/2109/16/2109/16/209072860Install Vapor barrier209/17/2109/20/2109/17/2109/20/209072870Form & Poor S.O.G.109/21/2109/21/2109/21/2109/21/209072880Back Fill Foundation309/22/2109/24/2109/22/2109/24/209072890Install Foundation Drainage System209/24/2109/27/2109/24/2109/27/209072900Pin Grade Beams109/28/2109/28/2109/28/2109/28/209072910Excavate Grade Beams209/29/2109/30/2109/29/2109/30/209072920Form Grade Beams210/01/2110/04/2110/01/2110/04/209072930Install Re-bar for Grade Beams110/05/2110/05/2110/05/2110/05/209072940Inspection of Grade Beams110/06/2110/06/2110/06/2110/06/209072950Pour Grade Beams110/07/2110/07/2110/07/2110/07/209072960Back Fill Grade Beams210/08/2110/11/2110/08/2110/11/2Set / StSet / Stitch Units5010/12/2112/22/2110/12/2112/22/214061100Set and Stitch Units1010/12/2110/25/2110/12/2110/25/214061110Complete Interior Rough-In Connections2010/26/2111/22/2110/26/2111/22/214061120Complete Interior Finishes2011/23/2112/22/2111/23/2112/22/2ExterioExteriors7610/26/2102/16/2210/26/2102/16/20806E460Complete Exterior Stitching310/26/2110/28/2110/26/2110/28/20806E470Set Truess/Sheet roof and Install Fasica1010/29/2111/11/2110/29/2111/11/20806E480Complete Exteriors (Overframing, Balconi1511/12/2112/06/2111/12/2112/06/20806E490Dry-In Roof312/07/2112/09/2112/07/2112/09/20806E500Siding4512/10/2102/16/2212/10/2102/16/20806E510Roofing1012/28/2101/12/2212/28/2101/12/2HardscHardscape / Landscape8204/25/2208/18/2204/25/2208/18/214S02100Subgrade / Grade Sidewalks504/25/2204/29/2204/25/2204/29/214S02110Topsoil Respread505/16/2205/20/2205/16/2205/20/214S02120Landscape2507/06/2208/09/2207/06/2208/09/214S02130Sitework Inspections708/10/2208/18/2208/10/2208/18/214S03100Flatwork / FRP Sidewalks1005/02/2205/13/2205/02/2205/13/2CloseoCloseout4402/17/2204/19/2202/17/2204/19/214H011010Shaw Pre-Punch402/17/2202/22/2202/17/2202/22/214H011020Final Inspections1002/23/2203/08/2202/23/2203/08/214H011030Contractor Pre-Punch Corrections503/09/2203/15/2203/09/2203/15/214H011040Owner Walk103/16/2203/16/2203/16/2203/16/214H011050Owner Corrections503/17/2203/23/2203/17/2203/23/214H011060Final Clean403/24/2203/29/2203/24/2203/29/214H011070Building Completion004/19/2204/19/214H011080Non-Productive Weather Days (15)1503/30/2204/19/2203/30/2204/19/2BuildingBuilding 1527608/09/2109/12/2208/09/2109/12/2FoundaFoundation5608/09/2110/26/2108/09/2110/26/209072970Pin Foundation for Excavation108/09/2108/09/2108/09/2108/09/209072980Excavate Foundation508/11/2108/17/2108/11/2108/17/209072990Pin Footings108/18/2108/18/2108/18/2108/18/209073000Form Footings308/19/2108/23/2108/19/2108/23/23012201220112001230122011200122011201123012201120012301220122011200122011201123012201120012301220FebruaryMarchAprilMayJuneJulyAugustSOctoberNDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSOctoberND20212022Pin Foundation for ExcavationExcavate FoundationPin FootingsForm FootingsInstall Re-bar for FootingsInspection FootingsPour FootingsStrip FootingsPin WallsForm WallsInstall Re-bar for WallsUfer Install / InspectionInstall MEP SleevesInspection of WallsPour WallsStrip WallsWater Proof FoundationPrep grade of S.O.G.Install Radon PipingInspection of RadonInstall Vapor barrierForm & Poor S.O.G.Back Fill FoundationInstall Foundation Drainage SystemPin Grade BeamsExcavate Grade BeamsForm Grade BeamsInstall Re-bar for Grade BeamsInspection of Grade BeamsPour Grade BeamsBack Fill Grade BeamsSet and Stitch UnitsComplete Interior Rough-In ConnectionsComplete Interior FinishesComplete Exterior StitchingSet Truess/Sheet roof and Install FasicaComplete Exteriors (Overframing, Balconies, Stairs, etc)Dry-In RoofSidingRoofingSubgrade / Grade SidewalksTopsoil RespreadLandscapeSitework InspectionsFlatwork / FRP SidewalksShaw Pre-PunchFinal InspectionsContractor Pre-Punch CorrectionsOwner WalkOwner CorrectionsFinal CleanBuilding CompletionNon-Productive Weather Days (15)Pin Foundation for ExcavationExcavate FoundationPin FootingsForm FootingsSHAW CONSTRUCTION08.27.2020 - Burlingame Phase III - 90% Drawings BidBurlingames Phase #3 Print Date: 08/28/20 Data Date: 08/27/20 TASK filter: All ActivitiesRemaining Level of EffortActual Level of EffortProject Baseline BarActual WorkRemaining WorkCritical Remainin...Page 9 of 10DateRevisionCheckedApproved216 Activity IDActivity NameOriginauratioStartFinishBL Project StartBL Project Finish09073010Install Re-bar for Footings208/24/2108/25/2108/24/2108/25/209073020Inspection Footings108/26/2108/26/2108/26/2108/26/209073030Pour Footings108/27/2108/27/2108/27/2108/27/209073040Strip Footings108/30/2108/30/2108/30/2108/30/209073050Pin Walls108/31/2108/31/2108/31/2108/31/209073060Form Walls509/01/2109/08/2109/01/2109/08/209073070Install Re-bar for Walls309/09/2109/13/2109/09/2109/13/209073080Ufer Install / Inspection109/14/2109/14/2109/14/2109/14/209073090Install MEP Sleeves109/14/2109/14/2109/14/2109/14/209073100Inspection of Walls109/15/2109/15/2109/15/2109/15/209073110Pour Walls109/16/2109/16/2109/16/2109/16/209073120Strip Walls309/22/2109/24/2109/22/2109/24/209073130Water Proof Foundation109/27/2109/27/2109/27/2109/27/209073140Prep grade of S.O.G.109/28/2109/28/2109/28/2109/28/209073150Install Radon Piping209/29/2109/30/2109/29/2109/30/209073160Inspection of Radon110/01/2110/01/2110/01/2110/01/209073170Install Vapor barrier210/04/2110/05/2110/04/2110/05/209073180Form & Poor S.O.G.110/06/2110/06/2110/06/2110/06/209073190Back Fill Foundation310/07/2110/11/2110/07/2110/11/209073200Install Foundation Drainage System210/11/2110/12/2110/11/2110/12/209073210Pin Grade Beams110/13/2110/13/2110/13/2110/13/209073220Excavate Grade Beams210/14/2110/15/2110/14/2110/15/209073230Form Grade Beams210/18/2110/19/2110/18/2110/19/209073240Install Re-bar for Grade Beams110/20/2110/20/2110/20/2110/20/209073250Inspection of Grade Beams110/21/2110/21/2110/21/2110/21/209073260Pour Grade Beams110/22/2110/22/2110/22/2110/22/209073270Back Fill Grade Beams210/25/2110/26/2110/25/2110/26/2Set / StSet / Stitch Units5010/26/2101/11/2210/26/2101/11/215061100Set and Stitch Units1010/26/2111/08/2110/26/2111/08/215061110Complete Interior Rough-In Connections2011/09/2112/08/2111/09/2112/08/215061120Complete Interior Finishes2012/09/2101/11/2212/09/2101/11/2ExterioExteriors8711/09/2103/17/2211/09/2103/17/20806E520Complete Exterior Stitching311/09/2111/11/2111/09/2111/11/20806E530Set Truess/Sheet roof and Install Fasica1011/12/2111/29/2111/12/2111/29/20806E540Complete Exteriors (Overframing, Balconi1511/30/2112/20/2111/30/2112/20/20806E550Dry-In Roof312/21/2112/23/2112/21/2112/23/20806E560Siding4512/21/2102/25/2212/21/2102/25/20806E570Roofing1003/04/2203/17/2203/04/2203/17/2HardscHardscape / Landscape7205/23/2209/01/2205/23/2209/01/215S02100Subgrade / Grade Sidewalks505/23/2205/27/2205/23/2205/27/215S02110Topsoil Respread506/14/2206/20/2206/14/2206/20/215S02120Landscape2507/20/2208/23/2207/20/2208/23/215S02130Sitework Inspections708/24/2209/01/2208/24/2209/01/215S03100Flatwork / FRP Sidewalks1005/31/2206/13/2205/31/2206/13/2CloseoCloseout13802/28/2209/12/2202/28/2209/12/215H011010Shaw Pre-Punch402/28/2203/03/2202/28/2203/03/215H011020Final Inspections1003/04/2203/17/2203/04/2203/17/215H011030Contractor Pre-Punch Corrections503/18/2203/24/2203/18/2203/24/215H011040Owner Walk103/25/2203/25/2203/25/2203/25/215H011050Owner Corrections503/28/2204/01/2203/28/2204/01/215H011060Final Clean404/04/2204/07/2204/04/2204/07/215H011070Building Completion004/07/2204/07/215H011080Non-Productive Weather Days (20)2008/15/2209/12/2208/15/2209/12/215H011090Project Substantial Completion009/09/2209/09/2209/09/2209/09/23012201220112001230122011200122011201123012201120012301220122011200122011201123012201120012301220FebruaryMarchAprilMayJuneJulyAugustSOctoberNDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSOctoberND20212022Install Re-bar for FootingsInspection FootingsPour FootingsStrip FootingsPin WallsForm WallsInstall Re-bar for WallsUfer Install / InspectionInstall MEP SleevesInspection of WallsPour WallsStrip WallsWater Proof FoundationPrep grade of S.O.G.Install Radon PipingInspection of RadonInstall Vapor barrierForm & Poor S.O.G.Back Fill FoundationInstall Foundation Drainage SystemPin Grade BeamsExcavate Grade BeamsForm Grade BeamsInstall Re-bar for Grade BeamsInspection of Grade BeamsPour Grade BeamsBack Fill Grade BeamsSet and Stitch UnitsComplete Interior Rough-In ConnectionsComplete Interior FinishesComplete Exterior StitchingSet Truess/Sheet roof and Install FasicaComplete Exteriors (Overframing, Balconies, Stairs, etc)Dry-In RoofSidingRoofingSubgrade / Grade SidewalksTopsoil RespreadLandscapeSitework InspectionsFlatwork / FRP SidewalksShaw Pre-PunchFinal InspectionsContractor Pre-Punch CorrectionsOwner WalkOwner CorrectionsFinal CleanBuilding CompletionNon-Productive Weather Days Project Substantial CompletionSHAW CONSTRUCTION08.27.2020 - Burlingame Phase III - 90% Drawings BidBurlingames Phase #3 Print Date: 08/28/20 Data Date: 08/27/20 TASK filter: All ActivitiesRemaining Level of EffortActual Level of EffortProject Baseline BarActual WorkRemaining WorkCritical Remainin...Page 10 of 10DateRevisionCheckedApproved217 A. WORK PLAN - OUR WORK PLAN IS CENTERED AROUND 5 SEQUENCES 32 COORDINATION We will help coordinate utility and MEP connections to the modules. This is reflected by our PM & PE being part of on-going coordination and design meetings. By having them involved in design meetings we can also ensure that final selection of materials and finishes is made with areas of hold back for interior stitching. At the modular facility, we have included the work of fire protection and QA/QC inspection. With this open dialogue already in place we could also see the possibility to eliminate the need for 3rd party QA/ QC from our General Condition’s depending on risk mitigation acceptance. INITIAL SITE WORK AND FOUNDATION Starting in the spring of 2021, we plan to begin branches of utilities, overall rough grade, and ground erosion sediment control. Per the RFP, we plan to begin preparations of a laydown yard for receipt of boxes. We will also phase the site to address the receipt of boxes by putting in temporary roads for crane substrate to minimize disruptions to the residents. Where possible we will put in the first lift of asphalt to help reduce mud and contamination of surrounding areas. Foundations and plating of foundation to receive boxes will installed. RECEIVING, SETTING AND EXTERIOR STITCHING OF BOXES A delivery sequence and coordination will need to happen with the modular supplier. Currently priced, we are holding an amount to hold all boxes at our designated laydown yard. With that being said, significant money can be saved if boxes can be directly loaded to buildings in lieu of double handling. It is our goal to have all buildings water tight and dried in prior to the on-set of winter. OVER FRAMING & EXTERIORS CONCURRENT WITH INTERIOR STITCHING AND HOOK-UPS Through winter we will be completing exterior framing and siding. In addition, we will have our self-perform stitch crews repair damage from transportation, have our team stitch interior units between boxes, build interior stairs, and hook up appliances and MEP systems. FINAL SITEWORK After completing exterior stair landings and building structure, we will final grade and start concrete site work. This includes curb & gutter, top lift of asphalt, and sidewalks. Once complete, we will finalize landscaping and develop a turn over sequence. 218 Shaw Construction firmly believes that modular construction can help to reduce time and cost for the supply of workforce housing in Colorado’s mountain communities. That is why we at Shaw are active partners in a modular facility. We have taken the significant steps of investing time, resources, and capital into the promotion and development of modular in Colorado. We have sent select members of estimating, project operations, and field operations to work and learn the process of modular construction with our partners. Shaw’s approach of a vertically integrated company providing the coordination to installation of modular is designed to maximize the value and return to the client. A unique challenge associated with this project will be the delivery sequence and logistics associated with working near an active neighborhood. Coordination concerning delivery routes, cleanliness of construction, visual aesthetics, and working hours will all need to be addressed with the surrounding community members. C. MODULAR CONSTRUCTION B. SOFTWARE At Shaw, we use the following software to help track projects: 33 VIEWPOINT •Accounting •Project Management •Cost / Budget Forecasting PROCORE •Cloud Based / Project Specific Software •Submittals / RFI / ASI •Project Team Collaboration LATISTA •Table Based Software •Shaw 1-2-3 QA / QC •Punchlist, deficiency logs, safety management TEXTURA •Electronic payment / billing software •Streamline subcontractor / payment / lien waver BLUEBEAM TIMBERLINE •Estimating and planning software P-6 / MICROSOFT PROJECT •Scheduling software •Monthly / 3-week scheduling B. COMMUNICATION As we approach our construction notice to proceed, we have created a logistics plan for review and comment by the owner. The logistics plan indicates delivery entrances, excavation periods, closed ROWs, site layout of equipment, and other interfaces with the surrounding areas. During our precostruction meeting with the Burlingame team, we will review our project specific logistics plan and any requirements from the City and neighbors. While our on-site superintendent and PM will post emergency contacts and make themselves known to surrounding neighbors, most coordination will take place at the land owner level. On the following page we have included a site logistics plan to demonstrate coordination and the different phases of the project. 219 P8-01 P8-04 P8-05 P8-06 P8-07 P8-09 P8-10 P8-11 P8-12 P9-13 P9-01 P9-02 P9-03 P9-04 P9-05 P9-06 P9-07 P9-08 P9-09 P9-10 P9-11 P9-12 P9-14 P9-15 P9-16 P9-17 P9-18 P9-19 P9-20 P9-21 P9-24P9-23 P10-01 P10-02 P10-03 P10-04 P10-05 P10-06 P10-07 P12-01 P12-02 P12-03 P12-04 P12-05 P12-06 P12-07 P12-08 P12-09 P12-10 P12-11 P12-12 P12-13 P12-14 P12-15 P12-16 P12-17 P12-18 P12-19 P12-20 P12-21 P14-01 P14-02 P14-03 P14-04 P14-05 P14-06 P14-07 P14-08 P14-09 P14-10 P14-11 P14-12 P14-13 P14-14 P14-15 P14-16 P14-17 P14-18 P11-01 911-02 P11-03 P11-04 P11-05 P11-06 P11-07 P11-08 P11-09 P11-10 P11-11 P11-12 P11-13 P11-14 P13-01 P13-02 P13-03 P13-04 P13-06 P13-05 P13-07 P13-08 P13-09 P13-10 P13-11 P13-12 P8-01 P8-04 P8-05 P8-06 P8-07 P8-09 P8-10 P8-11 P8-12 P9-13 P9-01 P9-02 P9-03 P9-04 P9-05 P9-06 P9-07 P9-08 P9-09 P9-10 P9-11 P9-12 P9-14 P9-15 P9-16 P9-17 P9-18 P9-19 P9-20 P9-21 P9-24P9-23 P10-01 P10-02 P10-03 P10-04 P10-05 P10-06 P10-07 P12-01 P12-02 P12-03 P12-04 P12-05 P12-06 P12-07 P12-08 P12-09 P12-10 P12-11 P12-12 P12-13 P12-14 P12-15 P12-16 P12-17 P12-18 P12-19 P12-20 P12-21 P14-01 P14-02 P14-03 P14-04 P14-05 P14-06 P14-07 P14-08 P14-09 P14-10 P14-11 P14-12 P14-13 P14-14 P14-15 P14-16 P14-17 P14-18 P11-01 911-02 P11-03 P11-04 P11-05 P11-06 P11-07 P11-08 P11-09 P11-10 P11-11 P11-12 P11-13 P11-14 P13-01 P13-02 P13-03 P13-04 P13-06 P13-05 P13-07 P13-08 P13-09 P13-10 P13-11 P13-12 P8-01 P8-04 P8-05 P8-06 P8-07 P8-09 P8-10 P8-11 P8-12 P9-13 P9-01 P9-02 P9-03 P9-04 P9-05 P9-06 P9-07 P9-08 P9-09 P9-10 P9-11 P9-12 P9-14 P9-15 P9-16 P9-17 P9-18 P9-19 P9-20 P9-21 P9-24P9-23 P10-01 P10-02 P10-03 P10-04 P10-05 P10-06 P10-07 P12-01 P12-02 P12-03 P12-04 P12-05 P12-06 P12-07 P12-08 P12-09 P12-10 P12-11 P12-12 P12-13 P12-14 P12-15 P12-16 P12-17 P12-18 P12-19 P12-20 P12-21 P14-01 P14-02 P14-03 P14-04 P14-05 P14-06 P14-07 P14-08 P14-09 P14-10 P14-11 P14-12 P14-13 P14-14 P14-15 P14-16 P14-17 P14-18 P11-01 911-02 P11-03 P11-04 P11-05 P11-06 P11-07 P11-08 P11-09 P11-10 P11-11 P11-12 P11-13 P11-14 P13-01 P13-02 P13-03 P13-04 P13-06 P13-05 P13-07 P13-08 P13-09 P13-10 P13-11 P13-12 P8-01 P8-04 P8-05 P8-06 P8-07 P8-09 P8-10 P8-11 P8-12 P9-13 P9-01 P9-02 P9-03 P9-04 P9-05 P9-06 P9-07 P9-08 P9-09 P9-10 P9-11 P9-12 P9-14 P9-15 P9-16 P9-17 P9-18 P9-19 P9-20 P9-21 P9-24P9-23 P10-01 P10-02 P10-03 P10-04 P10-05 P10-06 P10-07 P12-01 P12-02 P12-03 P12-04 P12-05 P12-06 P12-07 P12-08 P12-09 P12-10 P12-11 P12-12 P12-13 P12-14 P12-15 P12-16 P12-17 P12-18 P12-19 P12-20 P12-21 P14-01 P14-02 P14-03 P14-04 P14-05 P14-06 P14-07 P14-08 P14-09 P14-10 P14-11 P14-12 P14-13 P14-14 P14-15 P14-16 P14-17 P14-18 P11-01 911-02 P11-03 P11-04 P11-05 P11-06 P11-07 P11-08 P11-09 P11-10 P11-11 P11-12 P11-13 P11-14 P13-01 P13-02 P13-03 P13-04 P13-06 P13-05 P13-07 P13-08 P13-09 P13-10 P13-11 P13-12 P8-01 P8-04 P8-05 P8-06 P8-07 P8-09 P8-10 P8-11 P8-12 P9-13 P9-01 P9-02 P9-03 P9-04 P9-05 P9-06 P9-07 P9-08 P9-09 P9-10 P9-11 P9-12 P9-14 P9-15 P9-16 P9-17 P9-18 P9-19 P9-20 P9-21 P9-24P9-23 P10-01 P10-02 P10-03 P10-04 P10-05 P10-06 P10-07 P12-01 P12-02 P12-03 P12-04 P12-05 P12-06 P12-07 P12-08 P12-09 P12-10 P12-11 P12-12 P12-13 P12-14 P12-15 P12-16 P12-17 P12-18 P12-19 P12-20 P12-21 P14-01 P14-02 P14-03 P14-04 P14-05 P14-06 P14-07 P14-08 P14-09 P14-10 P14-11 P14-12 P14-13 P14-14 P14-15 P14-16 P14-17 P14-18 P11-01 911-02 P11-03 P11-04 P11-05 P11-06 P11-07 P11-08 P11-09 P11-10 P11-11 P11-12 P11-13 P11-14 P13-01 P13-02 P13-03 P13-04 P13-06 P13-05 P13-07 P13-08 P13-09 P13-10 P13-11 P13-12 P8-01 P8-04 P8-05 P8-06 P8-07 P8-09 P8-10 P8-11 P8-12 P9-13 P9-01 P9-02 P9-03 P9-04 P9-05 P9-06 P9-07 P9-08 P9-09 P9-10 P9-11 P9-12 P9-14 P9-15 P9-16 P9-17 P9-18 P9-19 P9-20 P9-21 P9-24P9-23 P10-01 P10-02 P10-03 P10-04 P10-05 P10-06 P10-07 P12-01 P12-02 P12-03 P12-04 P12-05 P12-06 P12-07 P12-08 P12-09 P12-10 P12-11 P12-12 P12-13 P12-14 P12-15 P12-16 P12-17 P12-18 P12-19 P12-20 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P9-17 P9-18 P9-19 P9-20 P9-21 P9-22 P9-24P9-23 P10-05 P10-06 P10-07 P10-01 P10-02 P10-03 P10-04 P11-01 911-02 P11-03 P11-04 P11-05 P11-06 P11-07 P11-08 P12-01 P12-02 P12-03 P12-04 P12-05 P12-06 P12-07 P12-08 P12-09 P12-10 P12-11 P12-12 P12-13 P12-14 P12-15 P12-16 P12-17 P12-18 P12-19 P12-20 P12-21 P13-01 P13-02 P13-03 P13-04 P13-06 P13-05 P13-07 P13-08 P13-09 P13-10 P13-11 P13-12 P14-10 P14-11 P14-12 P14-13 P14-14 P14-15 P14-16 P14-17 15 P14-8P14-7P14-6P14-5 P14-4P14-3 P14-2P14-1 P14-9 EGEG EGETV EEEEEEEEEPEPEPPTV ETV ETV EP EP ETVETVEWSEWSGASGASGASETVEEEWSEW EWSEWSEWS>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>8''SS8''SS8''SS8''SS 8''SS 8''SS 8''SS 8''SS8''SS8''SS8''SSSS SSSS SSSS SSSS SS SSETCETCETCETCETCT-C T-C ETCETCETC ET CETCETCETCETCETCETCETCETCETCETC ETC ETC ETC ETC ETCETCETCETCETC ETC ETC ETC ETC ETC ETC ETC ETCETCETCET C ETCPDS PDS PDS ETC ETC ETC4'' W 4'' W4'' W4'' W4'' W4'' W4 12 2 4 9 12 10 6 8 6 4 3 12 12 8 5 6 4 VANACCESSIBLE>>>>>>4VANACCESSIBLE 8 6 P11-09 P11-10 P11-11 P11-12 P11-13 P11-14 P8-01 P8-02 P8-03 P8-04 P8-05 P8-06 P8-07 P8-08 P8-09 P8-10 P8-11 P8-12 P9-13 P9-01 P9-02 P9-03 P9-04 P9-05 P9-06 P9-07 P9-08 P9-09 P9-10 P9-11 P9-12 P9-14 P9-15 P9-16 P9-17 P9-18 P9-19 P9-20 P9-21 P9-22 P9-24P9-23 P10-05 P10-06 P10-07 P10-01 P10-02 P10-03 P10-04 P11-01 911-02 P11-03 P11-04 P11-05 P11-06 P11-07 P11-08 P12-01 P12-02 P12-03 P12-04 P12-05 P12-06 P12-07 P12-08 P12-09 P12-10 P12-11 P12-12 P12-13 P12-14 P12-15 P12-16 P12-17 P12-18 P12-19 P12-20 P12-21 P13-01 P13-02 P13-03 P13-04 P13-06 P13-05 P13-07 P13-08 P13-09 P13-10 P13-11 P13-12 P14-10 P14-11 P14-12 P14-13 P14-14 P14-15 P14-16 P14-17 15 P14-8P14-7P14-6P14-5 P14-4P14-3 P14-2P14-1 P14-9 EGEG EGETV EEEEEEEEEPEPEPPTV ETV ETV EP EP ETVETVEWSEWSGASGASGASETVEEEWSEW EWSEWSEWSB9 P12 P12 P10 P8-01 P8-04 P8-05 P8-06 P8-07 P8-09 P8-10 P8-11 P8-12 P9-13 P9-01 P9-02 P9-03 P9-04 P9-05 P9-06 P9-07 P9-08 P9-09 P9-10 P9-11 P9-12 P9-14 P9-15 P9-16 P9-17 P9-18 P9-19 P9-20 P9-21 P9-24P9-23 P10-01 P10-02 P10-03 P10-04 P10-05 P10-06 P10-07 P12-01 P12-02 P12-03 P12-04 P12-05 P12-06 P12-07 P12-08 P12-09 P12-10 P12-11 P12-12 P12-13 P12-14 P12-15 P12-16 P12-17 P12-18 P12-19 P12-20 P12-21 P14-01 P14-02 P14-03 P14-04 P14-05 P14-06 P14-07 P14-08 P14-09 P14-10 P14-11 P14-12 P14-13 P14-14 P14-15 P14-16 P14-17 P14-18 P11-01 911-02 P11-03 P11-04 P11-05 P11-06 P11-07 P11-08 P11-09 P11-10 P11-11 P11-12 P11-13 P11-14 P13-01 P13-02 P13-03 P13-04 P13-06 P13-05 P13-07 P13-08 P13-09 P13-10 P13-11 P13-12 F14(b) B8 P14 P9 P11 C12 P9 A13 A8 E11 A9 P9 E15 B13 B14 F14(a) D12 P8 P13 E10 P8-01 P8-04 P8-05 P8-06 P8-07 P8-09 P8-10 P8-11 P8-12 P9-13 P9-01 P9-02 P9-03 P9-04 P9-05 P9-06 P9-07 P9-08 P9-09 P9-10 P9-11 P9-12 P9-14 P9-15 P9-16 P9-17 P9-18 P9-19 P9-20 P9-21 P9-24P9-23 P10-01 P10-02 P10-03 P10-04 P10-05 P10-06 P10-07 P12-01 P12-02 P12-03 P12-04 P12-05 P12-06 P12-07 P12-08 P12-09 P12-10 P12-11 P12-12 P12-13 P12-14 P12-15 P12-16 P12-17 P12-18 P12-19 P12-20 P12-21 P14-01 P14-02 P14-03 P14-04 P14-05 P14-06 P14-07 P14-08 P14-09 P14-10 P14-11 P14-12 P14-13 P14-14 P14-15 P14-16 P14-17 P14-18 P11-01 911-02 P11-03 P11-04 P11-05 P11-06 P11-07 P11-08 P11-09 P11-10 P11-11 P11-12 P11-13 P11-14 P13-01 P13-02 P13-03 P13-04 P13-06 P13-05 P13-07 P13-08 P13-09 P13-10 P13-11 P13-12 C12(attach) STORAGE CALCULATIONS 7'-5"Burlingame Phase 3 90% CD Site Logistics Plan 8/10/20 First Sequence Second Sequence Third Sequence Fourth Sequence Crane Pad Location Construction Road Loop General Laydown Area Construction Trailer Temporary Toilets Site Fence 20 Modular unit storage Crane Radius 6 Approximate number of modular units that will fit 6 Entry/Exit Gates FR 5/11/2021 MR 7/20/2021 FR 5/25/2021 MR 8/16/2021 FR 6/16/2021 MR 10/11/2021 FR 6/23/2021 MR 10/25/2021 FR => Foundations Ready MR => Manufactured Ready 120'-0" 45'-0"15'-0"Modular Footprint 220 D. SUBCONTRACTORS Shaw is known as a premier builder on the western slope who is dedicated to using local subcontractors. Jamie will allow ample opportunity for locals to participate and will develop appropriately sized work packages that enable their participation as opposed to developing large work packages that only allow super-size distant subcontractor firms participation. 35 COMPREHENSIVE LIST OF SUBS SHAW WILL CONSIDER FOR BURLINGAME PHASE 3 Our selection of subcontractors starts before any specific project begins: • Our prequalification program begins by subs registering in our bid solicitation system. • This packet is analyzed by our Risk Analyst for compliance with safety, surety limits, insurance compliance, financial solvency, legal issues and any comments from the field regarding previous projects. • Upon completing the analysis, the sub is then categorized by four different categories. • (i.e. approved, conditional, authorization required or not acceptable). Solicitation for a specific project is a two-part approach: •The first part starts with building a comprehensive and specific bid list from Shaw’s prequalified directory. • A solicitation would then be sent via our program and followed up with phone calls to the lead contact of the subcontractor group. •The second part is to engage the local community through publicly posted advertisements • Please note, Shaw will incorporate any recommendations either positive or negative. Upon receiving a bid from a sub: •Bids are logged and input by an estimator into our bid tab matrix. • Proposals are vetted for compliance with the proposed scope by an estimator. • Complex scopes may have a secondary review. • Once complete with the bid tab matrix, the matrix is reviewed by the team in conjunction with the prequal rankings and analysis for a final recommendation. •Earthwork; Stutsman, Gould, Heyl, Aspen Digger • Landscape; Twisted Tree, GH Daniels, Four Seasons, Deep Creek • Asphalt; Grand River, United, Elam • Concrete; CUC, RMS, S2M, Ashley • Metals: Myers, WSI • Waterproofing; AAA, Douglas Colony • Roofing; TRC, AJAX, PSM • Mechanical/Plumbing; Comfort Air, Cookeys, Falcon, GMMI, PSM, Climate Control Company • Fire Protection; Excel, Assurance, Flame Out, Frontier • Electrical; Durgin, Lassiter, R&A 221 36 E. SAFETY - ON SITE Chris Dosch is Shaw’s Safety Manager and developed Shaw’s safety program. Below are some highlights. ON-SITE SAFETY/EMERGENCY EQUIPMENT: •Shaw sites are required to have an up to date and stocked first aid kit •Fire extinguishers throughout project sites are checked monthly and inspected annually • Shaw employs a full time Safety Manager to manage the company wide safety program and conduct monthly/bi monthly safety audits for every Shaw project. •Superintendents, Project Engineers and Project Managers are required to conduct safety inspections on project sites, weekly, bi-weekly, and monthly. •Shaw Construction also employs Complete Safety, a third-party safety consulting company to conduct safety audits on Shaw Projects. •On a monthly basis Shaw also utilizes a Loss Control Consultant from our insurance company for Safety/Loss Control inspections. •Shaw Construction implements safety orientations for all new employees beginning work on Shaw projects. •Site wide safety stand-downs, weekly toolbox talks, fall protection demonstrations on project sites are all tools used at Shaw as well to create a safer work environment and culture. MEASURES TAKEN BY YOUR FIRM TO ENHANCE JOB SITE SAFETY: INDIVIDUAL TRAUMA PREPAREDNESS: •All Superintendents on Project sites are First Aid/CPR/Emergency Response Certified •Site specific plans on every Shaw project are readily available with an on site Shaw employee contact information and directions to the nearest emergency room and phone number •Employees receive an orientation discussing emergency response protocol, muster points, nearest emergency room locations and where the site first aid kit/kits are located E. SAFETY - OFF SITE MINIMIZING IMPACT TO NEIGHBORS. It’s our job as general contractors to alleviate the strain on the surrounding neighbors. We’ll discuss parking, material deliveries and overall logistics with all our Subcontractors at our standing weekly meetings. In addition, our team will send out monthly reminders to all our subcontractors / workers of any new safety precautions. MANAGING FOOT AND VEHICLE TRAFFIC As Shaw frequently works in areas with vehicle and pedestrian traffic, we are experienced at developing staging plans that maximize safety for job site workers, residents, visitors and anyone who frequents the general project area. Shaw understands the necessity to ensure the safety of the Burlingame community during construction of phase 3. We have had ample experience in constructing in multifamily / neighborhood communities that include limited building space and/or settings with high pedestrian traffic. The key to these projects are: 222 F. QA/QC 37 Quality construction is dependent on how the project is managed and controlled from preconstruction to completion. At Shaw, we have a company standard QA/QC program, called the Shaw “1, 2, 3 Quality Control Program.” This program has proven to be successful on all of our projects and was based on the Corps of Engineers CQM program. Our program will be specifically tailored to the project needs. Shaw’s 1, 2, 3 Program is a 3-step process, starting at a macro level and adding the micro details when necessary. The project team will follow this process in developing the project specific plan to stay on task, on time and within the budget. The program includes these three elements: 1.) PLAN The Shaw team provides input on systems and materials designed to meet expectations and appropriate for the end use. By the time the Project Superintendent engages in the process the planning opportunities include: •Constructability Review of the Construction Documents • Subcontractor prequalification, bid review and selection • Preparing the written QA/QC inspection program 2.) IMPLEMENT Physical inspections and verifications are made at the implementation. This step includes three components, preinstallation conference, first day inspection and daily inspections. Pre-installation Conferences - Before subcontractors begin to work, the Project Superintendent conducts a preinstallation conference with the subcontractors to verify their understanding of the scope of work, job conditions, materials, quality expectations and to review the inspections and approval process. It is mandatory that the Superintendent, Project Manager and Site Subcontractor Supervisor attend this meeting. The agenda for the meeting includes: •Scope of work review • Schedule review • Jobsite safety requirements • Project specific requirements (i.e. LEED) • Review of approved submittals (verifying subcontractor compliance with technical requirements) • Review of mock-ups if applicable 1 2 3 Plan Constructability review subcontractor prequalification, bid review and selection, prepare QA/QC inspection program Implement Preinstallation conference, first day inspection, daily Inspections, room-by-room and systems inspections Document Planning, implementing and documenting the QA/QC program ensures a quality product and successful project 223 •Review of any third party required testing • Review of all major elements of sub work • Establishment of “first-day” inspections of all major elements of work • Review of deficiency and corrections process First Day Inspections - For each new element of work performed by a subcontractor, the Project Superintendent performs an inspection of that work at the end of the first day. The inspection verifies that the specified materials are being installed in accordance with the contract documents. A record of the inspection is filed in the quality control program. If corrections are required, the work is inspected again the next day. The subcontractor is not allowed to continue until the first day’s work is approved. Daily Inspections - The Project Superintendent makes daily spot inspections of the subcontractor’s work. If deficiencies are found, a Deficiency Notice is forwarded to the subcontractor and filed in the quality control program. The deficiencies are tracked on the Master Deficiency Log until verification of correction is made. •Room-by-Room Inspections • Systems Inspections 3.) DOCUMENT Planning and implementing the QA/QC program ensures a quality product and successful project. Therefore, it is critical that the project team systematically communicates and documents the information. The following documents are customized for each particular project and include: • Preinstallation Conference Meeting Minutes – Distributed to meeting attendees, subcontractor’s home office and field office • Subcontractor First Day Inspection Form – Distributed to subcontractor’s home office and field office, Shaw’s Superintendent, Shaw’s Project Manager, the Owner and Architect if requested • Notice of non-compliance –Subcontractor’s home office and field office, Shaw’s Superintendent, Shaw’s Project Manager, the Owner and Architect if requested • Master Deficiency log • Shaw pre-punch inspection report –Sent to Architect in advance of requesting punch list • Superintendent’s daily reports –Distributed to Owner and Architect if requested • System test results – Delivered to the Subcontractor’s home office and field office, Shaw Superintendent, Shaw PM, Owner and Architect if requested • Third party test results – Confirmation for distribution with Owner and Architect at the beginning of the project and direct testing agency 38 224 RFP WorksheetCity of AspenBurlingame Phase 3Shaw Construction2-Sep#1, #2Description Quantity Unit Unit CostTotal CostCommentsSenior Project Manager1560hrs107.90168,320.76 Half TimeProject Manager- Assistant Project Manager- General Superintendent- Project Superintendent18mo19218345,924.00 Full Time Assistant Superintendent14mo17582246,148.00 Sr. Project Engineer18mo10730193,140.00 Full TimeProject Administrator780.0hrs43.2633,742.15 Field Engineer/QC Engineer- General Laborer- Safety Director72hrs103.427,446.24 Scheduler144hrs96.5013,896.00 IT Support54hrs56.213,035.34 Modular QA/QC5mo14793.5773,967.83 Other- Field Office(s) including utilities18mo300054,000.00 On-site Storage- Off-site Storage- Cell Phones and/or Radios11363.12hrs0.839,431.39 Employee Parking & Transportation- Moving & Subsistence37mo5000185,000.00 Supers and Modular SuperTravel from Home Office11363.12hrs8.3795,109.31 Office Supplies & Equipment18mo80014,400.00 Computers & Software12143.105hrs4.0348,936.71 Flights to/from Idaho10ea5005,000.00 Safety Equipment/Supplies18mo3506,300.00 Jobsite Water18mo2003,600.00 Misc. Tool Rental18mo4508,100.00 Vehicle Expenses and/or Rental - Material TestingBy OwnerBy Owner- By OwnerBuilding PermitBy OwnerBy Owner- By OwnerPlan Check FeeBy OwnerBy Owner- By OwnerOther Permit Fees - Trade Permits are Cost of the WorkPerformance & Payment Bonds- Maintenance Bond- GC Insurance (see OCIP EXHIBIT)- Other- Firm NameSubmittal DateRFP Clarifications / Addenda ReceivedGeneral Conditions 225 RFP WorksheetCity of AspenBurlingame Phase 3Other- Other- 1,515,497.74 Unit CostTotal Cost50,000 1,515,498 206,169 22,632,770 24,404,437$ 0.8220,649 Included0.2568,953 2%- 0%- 5%1,232,202 25,926,241$ 61,654,866 27,581,107$ 2,621,470$ Misc. FEES AND MARK UPOther [explain]Change Order Markup - CM/GC (%) 7.8Misc. FEES AND MARK UPTOTALChange Order Markup - Subcontractor (%)Other [explain]Other [explain]COMMENTSAgencies (1.8%) and Fee (6%). If schedule extension is required general conditions are caluclated outside %. 10Construction ContingencyiGMP SummaryScope ItemDesign ContingencyEstimating Contingencynot includednot includedCommentsCloud Tech and 2 Year WarrantyDirect Cost of the WorkSubtotal iGMP% for Payment and Performance Bonds% Maintenance BondTotal Value of Allowances withing iGMP proposal [attach allowance log]Total General Conditions% for GC Insurance (see OCIP EXHIBIT)Subtotal iGMP% Fee for OH/ProfitTOTAL iGMPPreconstruction Fee (July 2020 - February 2021)General ConditionsGeneral Requirements226 August 28, 2020 Project: Burlingame Ph. 3 – Modular Aspen, CO 90% CD SET WORKSCOPE NARRATIVE For: City of Aspen 227 Burlingame Ph. 3 8/28/2020 Aspen, CO Page 2 of 12 Burlingame Ph. 3 All work shall be complete pursuant to the plans and specifications unless clarified or noted below. General Information •The 90% CD Budget Update is based upon drawings as provided: o Sopris Engineering Civil set dated 6/19/2020 o 359 Design Building Sets dated 6/19/2020 o Bluegreen Landscape set date 6/19/2020 •AIA 102 comments/edits: o Shaw would propose a holiday of 2 weeks before liquidated damages occur. o Shaw intends to self-perform setting/stitching/framing/siding scope of work which will be stipulated sum o Shaw is including a 5% contingency •AIA 201 comments/edits: o Allowance amounts include all applicable labor and materials costs o Strike that construction manager can direct a schedule recovery plan if not satisfied with ours o Builder’s risk is not included and will be provided by Owner o Waiver of consequential damages to be reinstated per original AIA 201 base language o 15 weather days are included in the baseline schedule; current language talks about assuming ‘normal’ weather days for 10 year average •Shaw assumes responsibility for the costs associated with supplying the project with temporary utilities for the duration of construction as set forth in the project schedule or until substantial completion of the project is attained. All cost associated with utilities beyond this time are the responsibility of the Owner. Any costs incurred for utility usage as required for temporary heating shall be charged to winter conditions allowance. •All applicable permits and payments are the responsibility of the Owner including payment (building permit, MEP permits). •The warranty period for this project will extend (24) months from the date of substantial completion. Warranty is for Shaw’s scope of work only and does not include any work/scope by Guerdon. •Project is assumed to be tax exempt. •Pricing is based on today’s cost indices for materials and commodities. Due to the volatility in local, national, and world markets our pricing excludes any increases due to tariffs on specific materials required for this project. Shaw is not carrying any contingency to cover this risk. If pricing increases are realized as described above Shaw will present all information under future PCO(S). 228 Burlingame Ph. 3 8/28/2020 Aspen, CO Page 3 of 12 •General conditions are included for a 18-month duration. Any changes made by the Owner may result in schedule extension and additional general conditions costs. •The parties acknowledge the ongoing risk and uncertainty regarding unusual and severe material shortages, price increases, delays and other impacts caused by tariffs, trade wars, natural disasters, illness epidemics (including COVID-19) and actions of government or authorities having jurisdiction in connection with such events. The parties acknowledge it is not possible to accurately price such risks prior to the effective date of the contract. Accordingly, in the event the Contractor’s costs increase over the estimated costs for same or contractor is delayed in the performance of the work as a result of any such cause beyond the control of the contractor, then contractor shall have the right to an equitable adjustment of the contractor price and time as appropriate. Section 002050 – Site Support A.Includes 1.Construction survey and staking 2.6’ tall site construction fence rental 3.Temporary construction toilets 4.Shaw material handling equipment 5.Shaw dumpsters: pulls and Pitkin County Dump Fees based on 7 tons per pull at $154/ton 6.General site labor and cleanup Section 002220 – Site Demolition A.Includes 1.Clear and grub 2.$7,500 allotment for removal of miscellaneous materials on existing site; existing conditions site plan drawing not provided 3.Stripping of roughly 10,135 cy of existing topsoil to stockpile. B.Excludes 1.Removal, rerouting, nor removal of existing gas lines/equipment, electrical lines/equipment, or low voltage lines/equipment; by Utility Section 002315 – Excavation & Fill A. Includes 1.Cut/fill for a balanced site based on existing and proposed grading plans. Existing soils to be reused for structural fill per Geotech report. 2.Net cut of building excavation assumed to be hauled off. 3. Class 6 road base under site concrete per civil drawing details 4. Class 6 road base under asphalt at Paepkie and Parking Lots per civil drawing details 5. Gravel layers at pervious pavers per details in drawing set 6. 6,000 cy of existing organics/topsoil to be stockpiled onsite for re-use in landscape areas in lieu of import of topsoil. Net topsoil to be hauled off. 7.Approximately 8,200 FSF of boulder retaining walls to be constructed from boulders found during mass grading. If boulders need to be imported then Shaw will evaluate for increase of costs. 229 Burlingame Ph. 3 8/28/2020 Aspen, CO Page 4 of 12 8.Rock for gabion walls to be constructed from smaller boulders found during mass grading B. Excludes 1. Permanent dewatering systems 2.Unsuitable soil removal/remediation 3.Screening of materials for structural fill 4. Soil stabilization under building and site asphalt/concrete 5.Rock removal of more than 3CY is size 6.Shoring of any kind 7.Surveying related to existing infrastructure 8.Rock blasting 9.Liner for rain gardens Section 002505 – Site Utilities A.Includes 1.Trench, conduits, backfill of secondary power and low volt from transformer location to building meter stack. 2.Trench, conduits, backfill for EV car charging stations where shown 3.Water piping bedding included as Class 6 for full depth at hardscaped areas and existing soils full depth at non hardscaped areas 4.Sanitary SDR piping, manholes, and cleanouts as shown 5.Foundation drain as shown 6.12” and 15” Nyloplast area drains 7.Storm piping, inlets, manholes, drywells as indicated 8.Install of utility provided transformer precast vault and utility provided primary conduits including trenching and backfill C.Excludes 1.Any fiber optic, CATV, and Telephone cable to building demark location from site pedestals. Provided by utility providers and paid for by owner. 2.Sand/oil separators 3.Foundation drywells 4.Restrained joints on sanitary, water, storm piping 5.Any primary or secondary gas piping/meters. Provided by Utility provider and paid by Owner if required. 6.Furnish and install of any electrical transformers. Provided and paid by Owner 7.Supply/Install of primary cable and connections; by Utility, paid by Owner 8.Supply of transformer vault; by Utility, paid by Owner 9.Supply of conduit for primary electrical; by Utility, paid by Owner 10.Utility tap/connection fees; water hot tap to be performed by utility with support from Shaw. Fee payment by Owner. 11.Supply of water/electric meters; by Utility, paid by Owner 12.Costs associated with City of Aspen planning, engineering, coordination and construction fees, by Owner. 13.Relocation of any utilities, transformers, pedestals, or equipment not shown to be moved 14.Repair damage to any utilities or services that are not shown or located by 3rd party locaters 230 Burlingame Ph. 3 8/28/2020 Aspen, CO Page 5 of 12 Section 002740 – Asphalt Paving A.Includes 1. 4” asphalt at Paepke Road 2. 4” asphalt at Parking B.Excludes 1.Parking blocks 2.Temporary walkways 3.Weed inhibitor Section 002750 – Site Concrete A.Includes 1. 5” thick sidewalks with fiber 2. Curb and gutter 3.Site steps 4.Trash enclosure foundation, slab, and drive apron 5.6” entry drives into parking lots 6.Light pole foundations B.Excludes 1.Sandblasting or any other concrete wall finish 2.Exposed aggregate sidewalk finish or any other special concrete finishes 3.Cast in place retaining walls Section 002905 – Landscape, Irrigation, & Site Furnishings A.Includes 1. Irrigation allowance 2.All trees, shrubs, and perennials as indicated 3.Topsoil amendments as indicated 4. Mulches as indicated 5.Sod and native seed as indicated B.Excludes 1.Irrigation pump station(s) 2.Landscape warranties past 2 year. Maintenance of landscape and irrigation after CO by Owner. 3.Imported topsoil Section 003310 – Building Concrete A.Includes 1.Footings, stemwalls, foundation walls where shown 2.Crawlspace SOG 3.10 mil stego wrap vapor barrier under slab on grade 4.Patios 231 Burlingame Ph. 3 8/28/2020 Aspen, CO Page 6 of 12 B. Excludes 1. Moisture block admixture or topping at the concrete 2. Colored concrete 3. Stained concrete 4. Stamped concrete 5. Polished concrete 6. Gypcrete Section 005120 – Structural & Misc. Steel A. Includes 1. Structural steel members at balconies and breezeways as indicated 2. $175/lf for handrails / guardrails at balcony/breezeway platforms / stairs 3. Anchor bolt / embed budget B. Excludes 1. Any pipe bollards 2. Metal trash swing gates 3. Alternating tread stair ladders to roof 4. Steel pan fill stairs with guardrail in stair cores 5. Architectural or decorative column covers. 6. Interior or Exterior Sunshades 7. Galvanized finishes 8. Stainless steel or galvanized anchor bolts Section 006000 – Woods and Plastics A. Includes 1. Stick frame assemblies for water entry room with R6 Zip Wall sheathing 2. Roof overframing at gable truss locations 3. Pre finished LP Smartside lap siding and Board & Batten panels 4. Timber framing as shown at balconies/breezeways 5. 6x12 timber stair stringers with metal treads and metal risers as shown 6. Cedar STK screen wall at top of carports/storage B. Excludes 1. FSC nor SFI certifications 2. Cabinets, counters, millwork 3. FRP paneling at water entry rooms Section 007120 – Waterproofing A. Includes 1. GMX or equal manufacturer cold fluid applied waterproofing at foundation walls where living space is adjacent to foundation wall below finished grade including mastic seals at all seams, drain composite board, and 3” XPS rigid insulation 2. GMX or equal damproofing at foundation walls where living space is above finished grade including protection board 232 Burlingame Ph. 3 8/28/2020 Aspen, CO Page 7 of 12 3.GMX or equal damproofing at foundation out riggers 4.GMX or equal damproofing at storage foundation walls 5.$35/sf for membrane and rigid insulation waterproofing assembly at balconies/breezeways B. Excludes 1.Horizontal waterproofing below slab on grade 2.Rigid insulation at damproofing Section 007210 – Building Insulation A.Includes 1.Batt insulation only at roof overframing 2.Spray can foam at exterior windows, doors, and penetrations for air sealing B.Excludes 1.Latex caulking at bottom and top plates for air sealing at modular boxes 2.Rigid insulation in crawlspace 3.Rigid insulation beneath site walkways Section 007260 – Vapor Retarders A. Includes 1. 10 mil Stego wrap vapor barrier in crawlspace Section 007410 – Metal Panels A. Includes 1.24 gauge 7/8” corrugated metal panel w/ kynar finish per subcontractor specifications (Drexel Metals, or equal, and roll formed in subcontractor shops) at building siding locations and balcony/breezeway soffits 2.Any furring strips as necessary for installation 3.Shop drawings B. Excludes 1.Premium nor custom colors 2.ACM nor flat metal type panels Section 007530 – Roofing A.Includes 1.Shingle, standing seam, corrugated metal, and 60 mil TPO roofing with polyiso where inferable. Roof pitches inconsistent from building to building and pitch not shown at all locations. B.Excludes 1.Gutters/downspouts/heat tape; sheet drain to snow fall areas 2. Snow fence, snow clips; not clear on plans 3.Electronic nor sacrificial leak detection 4.Any requirements due to PV roof systems 5.Roof access ladders 233 Burlingame Ph. 3 8/28/2020 Aspen, CO Page 8 of 12 Section 007920 – Joint Sealants A.Includes 1.Caulking vertical joints between dissimilar siding materials 2.Caulking exterior paving to building isolation joint 3.Caulking exterior paving expansion joints 4.Caulking of exterior window perimeters Section 008000 – Windows, Doors, Frames, & Hardware A. Includes 1. 1-3/4” Insulated Metal Doors located at exterior water room entry location; allowance of $1,500 per location for supply/install of frame/door/hardware 2. 1-3/4” Hollow Metal Doors located at storage locations; allowance of $1,500 per location for supply/install of frame/doors/hardware B. Excludes 1.Fire rated glass and frames 2.Keypad entry hardware 3.Water testing at windows 4. Storefront 5.Glass film 6.Access control / electrified hardware Section 09250 – Drywall A. Included at stitching locations only 1.One-layer 5/8” Type X drywall at all walls 2.One-layer 5/8” Type C drywall at midfloor ceilings 3.One-layer 5/8” Type X drywall at attic ceilings 4.Moisture resistant gypsum board at wet wall areas 5.Level 3 finish with skip trowel at all exposed drywall 6.Square corner beads B. Excludes 1.Wood nor accent walls/ceilings 2.Impact or abuse resistant drywall 3.Sound isolation clips 4.RC Deluxe Channel 5.Drywall reveal metal or expansion joints 6.Shaftwall assemblies 7.Acoustic sound wall panels 8.Wall coverings Section 09600 – Flooring and Tile A. Includes at stitching locations only 1.2mm LVT direct glue down flooring as manufactured by Karndean or equal 234 Burlingame Ph. 3 8/28/2020 Aspen, CO Page 9 of 12 2.Sealed concrete in fire command, bike tuning, and storage/mechanical rooms 3.4” rubber base with toe 4.Flooring material needed for stitch crew to be provided by modular fabricator B. Excludes 1.Any and all tile 2.Recessed walk off carpet 3.Polished concrete 4.Moisture encapsulation / mitigation system Section 10000 – Specialties A.Includes 1.13 total knox boxes 2.$15,000 for community mailboxes 3.16 surface mounted fire extinguisher cabinets with 5 lb. Fire extinguisher B.Excludes 1.Exterior signage nor monument sign 2.Bike tuning equipment nor bike wall storage systems 3.Metal caged storage unit 4.Dog wash equipment/stations 5.Marker boards 6.Soap dispensers 7.Fireplaces 8.Corner guards 9.Flagpoles 10.Directories or plaques 11.Trash receptacles, benches, tables, chairs Section 13124 – Modular Construction A.Includes 1.Setting of 230 modular boxes 2.Assist in Modular coordination with design team a.MEP stitch and connection plan to be provided by design team including raceways for exterior electrical, radon piping, fire alarm, telecommunications, and other dry & wet connections as required b.Structural stitch, pick points, & connection plan to be provided by design team c.Finish stitch plan with matrix of finish material to be provided by design team d.3 trips of 4 days to Guerdons facility for the inspection of compliance to stitch plans and level of quality with design/ owner’s team present 3.Mutually agreed coordination of delivery a.Shaw has double handling of modular units and transportation of units from a yard b.Modular fabricator to ship to staging yard adjacent to construction site 235 Burlingame Ph. 3 8/28/2020 Aspen, CO Page 10 of 12 c.Modular fabricator to guarantee transportation of 8-10 boxes per day during delivery sequence d.Staging yard provided by COA at no charge e.Two points of access for jobs to loop deliveries f.Perimeter fence, BMP’s, and restorage of site 4.Interior stitching and touch up of 79 units including final coat of paint B. Excludes 1.Interior stairs with exception of final treads to be provided by Modular facility 2.Supply / Purchase of Modular Boxes; By Owner 3.Insurance costs, Repair, or Warranty of Modular boxes provided by owner 4.Responsibility of coordination or code compliance of modular boxes provided by owner Section 15100 – Plumbing & HVAC A.Plumbing includes 1.Underground / crawlspace waste/vent and domestic water connection 2. Roof drain connection; assumed to be routed internally to boxes 3.Final drain, waste, and vent (DWV) pipe connections in modular boxes. ABS and Cast Iron as indicated by Guerdon. 4.Final leak testing 5.Allowance for passive radon mitigation system B.HVAC includes 1.Duct connections for ductwork from box to box as necessary 2.Exterior fresh air intake and exhaust wall vents C.Excludes 1.Central building hot water systems 2.Copper for water branch lines 3.Microwave exhaust vent ductwork to exterior 4.Fire/smoke dampers 5.Radiation dampers 6.Energy Management System (EMS) 7.Building Automation System (BAS/DDC) 8. 3 rd party commissioning Section 15300 – Fire Protection A.Includes 1.System design is based upon NFPA 13R coverage with CPVC piping 2.Permit/plan fees B.Exclusions 1.Fire pump(s); assumed available pressure is adequate 2.Exterior/interior manual standpipes 3.Clean agent systems 236 Burlingame Ph. 3 8/28/2020 Aspen, CO Page 11 of 12 4.Seismic protection 5.Freeze protection 6.Holding/water storage tanks 7. Antifreeze Section 16010 – Electrical A.Includes 1.Electrical service sizes as shown. 2. Conduit runs only to four (4) total EV Charging Stations 3.Aluminum cable for distribution conductor (Transformer to Meter Bank and Meter Bank to Unit Panels). Modular provider to provide conduits from units down into crawlspace. 4.Romex for branch wiring in water rooms 5.Install of exterior building lighting fixtures provided by modular fabricator 6.Structured cabling based on one drop per living room and one drop per bedroom. Raceways by modular fabricator. Modular provider to provide conduit from unit media box down into crawlspace. 7. Fire alarm system included per code and local AHJ minimum requirements. Raceways by modular fabricator. 8.Testing for Emergency Response Radio Systems (ERRS) requirement B.Exclusions 1.Car chargers and cable to meter bank; provided and installed by Owner at a future date. 2.Lightning protection 3.Public/Cellular Distributive Antenna System (DAS) systems; requirement unknown until ERRS test complete 4. Audio Visual Systems/Equipment 5.CCTV Systems 6.Access Control 7.Generator or UPS 8.Wireless booster systems Section 18000 – Allowances A. Includes 1.See allowance log GENERAL EXCLUSIONS A.Permits and Plan Review Fees, development fees, land lease fees, right-of-way fees, impact fees B.Cost for 3rd party inspections/testing C.Costs for LEED Certification and Net-Zero D.Contractor Controlled Insurance Program (CCIP); project includes Owner Controlled Insurance Program (OCIP) – paid and administered by COA. Shaw will need an opportunity to review the policy and adjust accordingly 237 Burlingame Ph. 3 8/28/2020 Aspen, CO Page 12 of 12 E. Builders Risk insurance to be provided by Owner. Policy shall: a. Include Shaw and all subcontractors as additional named insured b. Provide a mutual waiver of subrogation c. Be placed with 100% of the replacement cost d. Make Owner responsible for any deductible(s) e. Be provided to Shaw for review and approval, including all underwriting subjectivities and protective safeguard requirements F. Testing, removal, and disposal of hazardous/unsuitable materials G. Costs for trash collection/removal related to any owner provided scopes, including, but not limited to FF&E installation H. Costs for changes required by the building department code review or other jurisdictions having authority. We look forward to working with you on this project. Sincerely, Jamie Neyers SHAW CONSTRUCTION CC: Sam Meyer – Shaw Construction 238 September 2, 2020 Project: Burlingame Ph. 3 – Modular Aspen, CO 90% CD Allowance Log For: City of Aspen 239 Burlingame Ph. 3 9/2/2020 Aspen, CO Page 2 of 3 Allowance Log ·Winter conditions: ground thaw machine and fuel, snow removal, temporary heat, concrete blankets, building tenting/heating, concrete admixes, etc.; $175,000 o Does not factor utility costs for units once permanent systems are active ·Landscape irrigation: supply install of piping, valves, boxes, heads, zones, etc… $250,000 ·PV System; panels, AC/DC wiring, inverters, circuit breakers, PV panels, racking system: $380,000 o Based on 100kW @ $3,800/kW ·Rock excavation; $50,000 o Accounts for oversized boulders (larger than 3CY) as well as bedrock found during excavation that would require additional equipment for drilling/blasting, or removal that is above and beyond typical excavation. ·Rock crushing, gathering, stockpiling for landscape gabion walls; $50,000 o Accounts for locating on-site rocks, stockpiling of such rocks, and then crushing rocks to sizes for use in landscape gabion walls. ·Passive radon mitigation systems; $65,000 o Based on $5,000 per building pod for a passive radon mitigation system. Allowance includes perforated pipe in crawl space, 6 mil vapor barrier, and vertical pipe through the building. Gravel is included with slab prep by excavator. Active system (fan and electrical) would not be included in allowance. ·Modular box repair/replacement due to travel: $46,000 o Unknown repairs for damages of Guerdon boxes. Based on $200/box for 230 boxes ·Temporary access roads during construction: $75,000 o Accounts for gravel laydown for access during construction. ·Gutters and downspouts located at breezeways and balconies; $25,000 o Based on 1,000 lineal feet at $25/lineal foot. ·Covered structures at concrete site stairs; $175,000 o Based on 5 structures at $35,000 each for excavation, foundations, structure, roofing, soffits, etc. Lighting not assumed. ·Covered structures at building stairs; $90,000 o Based on 6 structures adjacent/attached to buildings for $15,00 each for excavation, foundation, structure, railings, roofing, soffits, etc. Lighting not assumed. ·Noise mitigation; $100,000 o Accounts for mitigation of sound due to equipment that may exceed 70dB during construction. This could be for sound blankets/fencing/walls and/or sound monitoring. ·Snow fencing and snow clips; $65,000 o Based on $5,000 per building pod and would include snow retention system and any blocking/backing if required. ·Eave snowmelt systems; $65,000 o Based on $5,000 per building pod. Includes controls, electrical circuits required, and snowmelt cable. ·Site Street /Parking Signage; $25,000 o Accounts for sign/posts/foundations for streets/parking lots ·Building / Storage Signage; $35,000 o Accounts for exterior signage on structures. Address, unit numbering, life/safety, etc… 240 Burlingame Ph. 3 9/2/2020 Aspen, CO Page 3 of 3 ·Furnish and install Car Charger; $60,000 o Based on 4 total chargers. Chargepoint CT 4021car charger is basis. Allowance also includes any foundation needed for equipment. ·Balcony / Breezeway Knife Plate at Timber to Modular Connections: $56,000 o Based on 280 locations at $200/ea. Allowance is for furnish and install of metal connection and includes furnish and install. Coordination required with Guerdon to ensure proper structural support. ·Postal Specialties; $15,000. Assumes a community mailbox. ·Storage Doors and Water Room Doors: $147,000 o Based on 98 doors $ $1,500 each for door. Allowance includes furnish and install of door, door frame, door hardware and painting. ·Waterproofing assembly at Balcony/Breezeways; $255,220 o Based on 7,292 sf @ $35/sf. Allowance would include furnish and install of TPO membrane, tapered insulation, covered board, flashings, temporary protection. Would not account for hot applied system and does not include any finishes. ·Balcony/breezeway railings; $387,550 o Includes 1,666 lineal feet of horizontal railings @ $175/lineal foot. Allowance assumes metal pickets with top rail wood cap and timber posts. o Includes 16 flights of sloped railings @ $6,000/flight. Allowance assumes metal pickets with top rail wood cap and timber posts. ·Bike racks; $29,700 o Based on 30 each at $990/each for supply/install. Assumes surface mount install. 241 City of Aspen Page 1 Modular iGMP Estimate 8/27/2020 8:16 PM August 2020 Burlingame Ph3 - 90% CD - iGMP Budget - Rev1.pee Project name Burlingame Phase 3 Aspen CO Estimator JN Job size 88000 sf Duration 18 mo CONFIDENTIAL: The information and data in this report are strictly confidential and are supplied on the understanding that they will be held confidentially and not disclosed to third parties without the prior written consent of Shaw Builders.242 City of Aspen Page 2 Modular iGMP Estimate 8/27/2020 8:16 PM August 2020 Burlingame Ph3 - 90% CD - iGMP Budget - Rev1.pee Group Phase Description Takeoff Quantity Total Cost/Unit Total Amount Previous Budget/Notes 001000 GENERAL CONDITIONS 001005 GENERAL CONDITIONS GC's 1.00 ls 1,515,498.00 /ls 1,515,498 GENERAL CONDITIONS 88,000.00 sf 17.22 /sf 1,515,498 GENERAL CONDITIONS 88,000.00 sf 17.22 /sf 1,515,498 002000 SITEWORK 002050 SITEWORK SUPPORT Temp Site Fencing 2,400.00 lf 16.04 /lf 38,496 Traffic Control 1,500.00 hrs 48.64 /hrs 72,960 Surveying & Layout 300,000.00 sf 0.38 /sf 114,000 Grading / Drainage Certification Survey 300,000.00 sf 0.16 /sf 48,000 Snow Removal - See Allowances *AL /AL Clean-up and General Labor 3,000.00 hr 41.00 /hr 123,000 Haul Trash 44.00 pull 800.00 /pull 35,200 Haul Trash - Pitkin County Dump Fees, 7 Tons per Pull Average 308.00 ton 154.00 /ton 47,432 QC Surveying for Dirtwork 1.00 ls 12,500.00 /ls 12,500 Temp Toilets 18.00 mo 1,050.00 /mo 18,900 Forklift 18.00 mo 3,387.00 /mo 60,966 Temp Power; Generator and Fuel 10.00 mo 5,200.00 /mo 52,000 Ground Thaw / mo - See Allowanes *AL /AL SITEWORK SUPPORT 88,000.00 sf 7.09 /sf 623,454 002220 SITE DEMOLITION Earthwork Mob, GC's, Bond 1.00 ls 127,000.00 /ls 127,000 Gould Clear and grub 1.00 ls 12,000.00 /ls 12,000 Misc. Site Removals 1.00 ls 40,716.00 /ls 40,716 SITE DEMOLITION 88,000.00 sf 2.04 /sf 179,716 002240 DEWATERING Temporary Dewatering - Excluded 0.00 NIC 0.00 /NIC 0 002310 GRADING Strip Topsoil and Stockpile 10,617.00 cy 4.00 /cy 42,468 Gould Cut to Fill 10,580.00 cy 14.60 /cy 154,496 Export Excess 12,426.00 cy 16.85 /cy 209,418 Drainage Swales 2,247.00 lf 6.75 /lf 15,155 GRADING 88,000.00 sf 4.79 /sf 421,537 002315 EXCAVATION & FILL Building Excavation 20,062.80 cy 8.50 /cy 170,534 Gould Building Backfill 14,097.60 cy 32.00 /cy 451,123 Rain Gardens 450.00 cy 130.00 /cy 58,500 Final Grade 1.00 ls 14,475.00 /ls 14,475 Carport Excavation and Backfill 1.00 ls 30,000.00 /ls 30,000 Ex/Backfill Curb Wall at Perm Pavers 1.00 ls 26,571.00 /ls 26,571 EXCAVATION & FILL 88,000.00 sf 8.54 /sf 751,203 002370 EROSION CONTROL Erosion Control - Install 300,000.00 sf 0.12 /sf 36,000 Gould Erosion Control Monitoring & Maintenance 15.00 mo 2,900.00 /mo 43,500 SWMP Plan Preparation 1.00 ea 2,000.00 /ea 2,000 Stormwater Permit 1.00 ea 575.00 /ea 575 Stabilized Construction Entrances 4.00 ea 3,500.00 /ea 14,000 Street Cleanup 15.00 mo 750.00 /mo 11,250 Dust Control 1.00 ls 15,000.00 /ls 15,000 Temp Water (Water Trucks)6.00 mo 7,500.00 /mo 45,000 EROSION CONTROL 88,000.00 sf 1.90 /sf 167,325 002510 WATER DISTRIBUTION 4" DIP 743.00 lf 99.00 /lf 73,557 Gould 4" Gate Valve *incl 0.00 /incl 0 Hot Tap Assistance 1.00 ea 18,150.00 /ea 18,150 Fire/Water Risers 13.00 ea 4,500.00 /ea 58,500 Dry Hydrant and Piping 4.00 ea 5,000.00 /ea 20,000 Copper Pipe 138.00 lf 70.51 /lf 9,730 CONFIDENTIAL: The information and data in this report are strictly confidential and are supplied on the understanding that they will be held confidentially and not disclosed to third parties without the prior written consent of Shaw Builders.243 City of Aspen Page 3 Modular iGMP Estimate 8/27/2020 8:16 PM August 2020 Burlingame Ph3 - 90% CD - iGMP Budget - Rev1.pee Group Phase Description Takeoff Quantity Total Cost/Unit Total Amount Previous Budget/Notes 002510 WATER DISTRIBUTION Fire Line 160.00 incl 89.00 /incl 14,240 WATER DISTRIBUTION 88,000.00 sf 2.21 /sf 194,177 002530 SANITARY SEWER 8" SDR 574.00 lf 80.00 /lf 45,920 Gould Manhole 7.00 ea 5,850.00 /ea 40,950 Remove and Replace Manhole 2.00 ea 7,650.00 /ea 15,300 6" SDR Services 632.00 lf 113.22 /lf 71,554 Cleanouts 12.00 ea 940.00 /ea 11,280 Connect to Existing 1.00 ea 2,365.00 /ea 2,365 SANITARY SEWER 88,000.00 sf 2.13 /sf 187,369 002550 PIPED ENERGY DISTRIBUTION Trench/Backfill for Gas Piping *ex 0.00 /ex 0 Gas Piping *ex 0.00 /ex 0 002580 SITE ELECTRICAL Bollard Lighting, Cable, Conduits 39.00 ea 2,000.00 /ea 78,000 Lassiter Garage Wall Mount Light Fixtures, Cable, EMT 32.00 ea 500.00 /ea 16,000 Bollard Lighting Foundations 39.00 ea 750.00 /ea 29,250 Bollard Lighting Conduit Trench/Backfill 2,750.00 lf 27.00 /lf 74,250 Secondary Conduit Trench/Backfill to Garages/Buildings 1,500.00 lf 42.72 /lf 64,075 Gould Conduit Trench/Backfill to Car Charging Stations 100.00 lf 27.00 /lf 2,700 Primary Shared Trench/Backfill/Install Provided Conduits to Bldg XFMRs *incl 0.00 /incl 0 Light Pole Base Excavation 39.00 ea 785.38 /ea 30,630 SITE ELECTRICAL 88,000.00 sf 3.35 /sf 294,905 002620 SUBSURFACE DRAINAGE Foundation Perimeter Drain 3,800.00 lf 30.90 /lf 117,403 Gould Foundation Drywell *ex 0.00 /ex 0 Carport Perimeter Drain 2,210.00 lf 30.57 /lf 67,549 SUBSURFACE DRAINAGE 88,000.00 sf 2.10 /sf 184,952 002630 STORM DRAINAGE Connect To Existing 2.00 ea 6,295.54 /ea 12,591 Gould Nyoplast Area Drains 27.00 ea 2,098.51 /ea 56,660 4" Perforated Underdrain 69.00 lf 23.08 /lf 1,593 Curb Inlet 3.00 ea 5,246.29 /ea 15,739 Area Inlet 6.00 ea 3,672.40 /ea 22,034 24" Flared End Sections 4.00 ea 524.63 /ea 2,099 Headwall 3.00 ea 3,672.40 /ea 11,017 Drywell 2.00 ea 15,738.86 /ea 31,478 4" HDPE 46.00 lf 25.18 /lf 1,158 12" HDPE 1,348.00 lf 31.48 /lf 42,432 18" RCP 149.00 lf 89.19 /lf 13,289 24" HDPE 62.00 lf 47.22 /lf 2,927 Misc. Adjustments 23.00 ea 502.61 /ea 11,560 STORM DRAINAGE 88,000.00 sf 2.55 /sf 224,577 002720 BASE COURSES 6" Class 6 Under Concrete 1,558.00 ton 42.50 /ton 66,215 Gould 4" Class 6 Under Asphalt 2,367.00 ton 36.00 /ton 85,212 18" Gravel Under Pavers 580.00 ton 56.50 /ton 32,770 4" Gravel Under Bldg SOG 808.00 ton 58.00 /ton 46,864 Building Patio Prep 12,850.00 sf 3.83 /sf 49,216 BASE COURSES 88,000.00 sf 3.19 /sf 280,277 002730 AGGREGATE SURFACING Crusher Fine Path, 3"4,720.00 sf 3.00 /sf 14,160 AGGREGATE SURFACING 88,000.00 sf 0.16 /sf 14,160 002740 ASPHALT PAVING 4" HMA Paving, Roadway 3,205.00 sy 31.00 /sy 99,355 4" HMA Paving, Parking 2,760.00 sy 31.00 /sy 85,560 2" Mill / Overlay 7,359.00 sf 3.00 /sf 22,077 CONFIDENTIAL: The information and data in this report are strictly confidential and are supplied on the understanding that they will be held confidentially and not disclosed to third parties without the prior written consent of Shaw Builders.244 City of Aspen Page 4 Modular iGMP Estimate 8/27/2020 8:16 PM August 2020 Burlingame Ph3 - 90% CD - iGMP Budget - Rev1.pee Group Phase Description Takeoff Quantity Total Cost/Unit Total Amount Previous Budget/Notes 002740 ASPHALT PAVING 4" Patch 2.00 ea 8,000.00 /ea 16,000 Traffic Control 5.00 day 1,500.00 /day 7,500 ASPHALT PAVING 88,000.00 sf 2.62 /sf 230,492 002750 CONCRETE PAVING 5" Sidewalks 44,000.00 sf 4.81 /sf 211,620 Burner Steps on Grade 171.00 ea 354.00 /ea 60,534 Light Pole Bases 19.00 ea 750.00 /ea 14,250 Sign Post Bases 8.00 ea 750.00 /ea 6,000 Misc. Site Concrete 235,644.00 sf 0.05 /sf 11,782 Street Paving 6,500.00 sf 7.62 /sf 49,548 Site Wall Footing 323.00 lf 27.67 /lf 8,938 ADA Ramps 22.00 ea 413.00 /ea 9,086 Concrete Pumping 1.00 ls 21,240.00 /ls 21,240 CONCRETE PAVING 88,000.00 sf 4.47 /sf 392,998 002760 PAVEMENT MARKING Site Striping & Painting 148.00 ea 30.00 /ea 4,440 Site Signage *AL 0.00 /AL 0 Moved to Allowances PAVEMENT MARKING 88,000.00 sf 0.05 /sf 4,440 002770 CURBS & GUTTERS Curb & Gutter 1,565.00 lf 26.55 /lf 41,553 Valley Gutters & Concrete Pans - Reinforced 1,450.00 sf 27.76 /sf 40,251 2' Curb Wall (unreinforced)1,038.00 lf 22.04 /lf 22,872 CURBS & GUTTERS 88,000.00 sf 1.19 /sf 104,676 002780 UNIT PAVERS Pervious Pavers 6,200.00 sf 22.50 /sf 139,500 UNIT PAVERS 91,035.00 sf 1.53 /sf 139,500 002810 LAWN IRRIGATION Irrigation - See Allowances *AL /AL 002830 RETAINING WALLS Boulder Retaining Wall w/ Onsite Excavated Boulders 8,217.00 sf 28.00 /sf 230,076 Gould Gabion Walls 1,032.00 sf 26.00 /sf 26,832 Site Wall / Gabion Wall Footings 288.00 lf 62.81 /lf 18,089 RETAINING WALLS 88,000.00 sf 3.13 /sf 274,997 002870 SITE FURNISHINGS Bike Rack - Allowance 30.00 ea 990.00 /ea 29,700 Table and Chairs *ex 0.00 /ex 0 Site Benches *ex 0.00 /ex 0 Trash / Recycle Receptacles *ex 0.00 /ex 0 Grills *ex 0.00 /ex 0 Pet Waste Disposal Stations *ex 0.00 /ex 0 SITE FURNISHINGS 88,000.00 sf 0.34 /sf 29,700 002920 LAWNS & GRASS Native Seeding 84,468.00 sf 0.44 /sf 37,157 Daly Sodding 65,611.00 sf 1.11 /sf 72,976 Bioretention Areas; Media and Plantings 2,483.00 sf 20.00 /sf 49,660 LAWNS & GRASS 88,000.00 sf 1.82 /sf 159,793 002930 PLANTS/SHRUBS/TREES Trees 237.00 ea 862.91 /ea 204,509 Daly Shrubs 1,577.00 ea 48.33 /ea 76,220 Perennials/Grasses 23,078.00 ea 19.33 /ea 446,193 Personal Garden Spaces 326.00 sf 25.00 /sf 8,150 12" Thick Topsoil - Reuse from Stripped Organics 6,065.00 cy 7.79 /cy 47,246 Fine Grade and Equipment 1.00 ls 97,997.00 /ls 97,997 PLANTS/SHRUBS/TREES 88,000.00 sf 10.00 /sf 880,315 002945 PLANTING ACCESSORIES Gravel 160.00 cy 55.22 /cy 8,835 Daly CONFIDENTIAL: The information and data in this report are strictly confidential and are supplied on the understanding that they will be held confidentially and not disclosed to third parties without the prior written consent of Shaw Builders.245 City of Aspen Page 5 Modular iGMP Estimate 8/27/2020 8:16 PM August 2020 Burlingame Ph3 - 90% CD - iGMP Budget - Rev1.pee Group Phase Description Takeoff Quantity Total Cost/Unit Total Amount Previous Budget/Notes 002945 PLANTING ACCESSORIES Cedar Mulch 1,026.00 cy 71.73 /cy 73,590 Compost 925.00 cy 81.35 /cy 75,244 Edger 5,200.00 lf 10.52 /lf 54,686 PLANTING ACCESSORIES 88,000.00 sf 2.41 /sf 212,355 SITEWORK 88,000.00 sf 67.65 /sf 5,952,919 003000 CONCRETE 003310 CAST-IN-PLACE CONCRETE Building 8 Footings/Walls/Columns 407.00 cy 500.42 /cy 203,672 Burner Building 9 Footings/Walls/Columns 404.00 cy 501.11 /cy 202,450 Building 10 Footings/Walls/Columns 135.00 cy 532.70 /cy 71,914 Building 11 Footings/Walls/Columns 135.00 cy 523.91 /cy 70,727 Building 12 Footings/Walls/Columns 538.00 cy 502.25 /cy 270,212 Building 13 Footings/Walls/Columns 384.00 cy 503.56 /cy 193,367 Building 14 Footings/Walls/Columns 406.00 cy 500.80 /cy 203,326 Building 15 Footings/Walls/Columns 140.00 cy 507.27 /cy 71,018 Building Crawlspace SOGs 34,897.00 sf 6.16 /sf 214,867 Carport Foundations/Walls 656.00 cy 548.52 /cy 359,827 Carport SOGs 5,908.00 sf 7.30 /sf 43,107 Forklift 6.00 mo 4,350.00 /mo 26,100 Clean-up 500.00 hr 55.00 /hr 27,500 CAST-IN-PLACE CONCRETE 88,000.00 sf 22.25 /sf 1,958,086 003510 CEMENTITIOUS DECK Gypcrete Topping EXCL /EXC L CONCRETE 88,000.00 sf 22.25 /sf 1,958,086 005000 METALS 005120 STRUCTURAL STEEL Anchor Bolts and Embeds 88,000.00 sf 0.36 /sf 31,680 Structural Steel at Breezeways/Balconies 88,000.00 sf 4.00 /sf 352,000 Timberwolf Structural Steel at Carports 6,000.00 sf 8.00 /sf 48,000 STRUCTURAL STEEL 88,000.00 sf 4.91 /sf 431,680 005510 MISC. METALS Miscellaneous Metals 88,000.00 sf 0.24 /sf 21,120 Balcony and Breezeway Handrails; Metal Pickets, Wood Posts, Wood Top/Bottom rail 1,666.00 lf 175.00 /lf 291,550 Site Railings 1.00 ls 15,000.00 /ls 15,000 Timberwolf Railings at Stairs Structures between Buildings 5.00 ea 5,000.00 /ea 25,000 MISC. METALS 88,000.00 sf 4.01 /sf 352,670 005550 STEEL STAIR Stair Guard Rails; Metal Pickets, Wood Posts, Wood Top/Bottom Rail, Metal Grab Rail 16.00 flt 6,000.00 /flt 96,000 Stair Treads/Risers 16.00 flt 1,875.00 /flt 30,000 Timberwolf STEEL STAIR 88,000.00 sf 1.43 /sf 126,000 METALS 88,000.00 sf 10.35 /sf 910,350 006000 WOOD & PLASTICS 006105 ROUGH CARPENTRY Rough Carpentry - Storage/Carports 1.00 sf 312,478.00 /sf 312,478 SPS Rough Carpentry - Building Water Entries *incl 0.00 /incl 0 Rough Carpentry - Stair on Grade Structures *AL 0.00 /AL 0 Rough Carpentry - Bldg 10, 11, 15 Covered Stair Structures *AL 0.00 /AL 0 CONFIDENTIAL: The information and data in this report are strictly confidential and are supplied on the understanding that they will be held confidentially and not disclosed to third parties without the prior written consent of Shaw Builders.246 City of Aspen Page 6 Modular iGMP Estimate 8/27/2020 8:16 PM August 2020 Burlingame Ph3 - 90% CD - iGMP Budget - Rev1.pee Group Phase Description Takeoff Quantity Total Cost/Unit Total Amount Previous Budget/Notes ROUGH CARPENTRY 88,000.00 sf 3.55 /sf 312,478 006110 WOOD FRAMING Roof Overframing 88,000.00 sf 21.24 /sf 1,869,380 SPS Doug Fir Glulam Stair Stringers 16.00 flt 4,950.00 /flt 79,200 Heavy Timber/Doug Fir Glulam Balcony and Breezeway Framing *incl 0.00 /incl 0 Unit Interior Stairs/Landings *AL 0.00 /AL 0 WOOD FRAMING 88,000.00 sf 22.14 /sf 1,948,580 006120 WOOD FRAMING SUPPORT Framing Layout *incl 0.00 /incl 0 Safety & Guardrails *incl 0.00 /incl 0 Forklift 6.00 mo 5,500.00 /mo 33,000 Craneage for Truss Handling 3.00 mo 9,500.00 /mo 28,500 WOOD FRAMING SUPPORT 88,000.00 sf 0.70 /sf 61,500 006150 DECKING Trex Decking on Sleeper System 7,292.00 sf 12.00 /sf 87,504 DECKING 88,000.00 sf 0.99 /sf 87,504 006165 SIDING LP Lap Prefinished Siding & Rainscreen 92,659.00 sf 18.70 /sf 1,732,228 SPS LP B&B Prefinished Siding & Rainscreen *incl 0.00 /incl 0 Carport Screen Wall 1.00 sf 61,173.00 /sf 61,173 SIDING 88,000.00 sf 20.38 /sf 1,793,401 006220 MILLWORK Millwork - by Modular EXCL /EXC L Unit Interior Stair Wood Railings 0.00 flt 0.00 /flt 0 Patch & Repair 0.00 ea 0.00 /ea 0 WOOD & PLASTICS 88,000.00 sf 47.77 /sf 4,203,463 007000 THERMAL/MOISTURE PROTEC'N 007120 WATERPROOFING Dampproofing w/ Coverboard 22,000.00 sf 4.00 /sf 88,000 Cold Fluid Applied Waterproofing w/ R15 Insulation 25,000.00 sf 6.50 /sf 162,500 Cold Fluid Applied Waterproofing w/ Coverboard (Storage) - See Allowances *AL 0.00 /AL 0 TPO Waterproofing w/ Tapered Insulation at Balconies & Breezeways 7,292.00 sf 35.00 /sf 255,220 - Integral Gutter Premium *AL 0.00 /AL 0 WATERPROOFING 88,000.00 sf 5.75 /sf 505,720 007210 BUILDING INSULATION Insulation at Foundations / w 007120 sf 0.00 /sf 0 Building Insulation - by Modular *EXCL 0.00 /EXC L 0 Roof Batt Insulation at Gable Trusses Only *incl 0.00 /incl 0 Roof Insulation at Parallel Chord Trusses - by Modular *EXCL 0.00 /EXC L 0 007270 AIR BARRIERS RZip Taping / Flashings *incl 0.00 /incl 0 007310 SHINGLES Shingle Roofing (RS-1)25,000.00 sf 4.83 /sf 120,850 D7 Gutters and Downspouts *ex 0.00 /ex 0 Heat Tape *ex 0.00 /ex 0 CONFIDENTIAL: The information and data in this report are strictly confidential and are supplied on the understanding that they will be held confidentially and not disclosed to third parties without the prior written consent of Shaw Builders.247 City of Aspen Page 7 Modular iGMP Estimate 8/27/2020 8:16 PM August 2020 Burlingame Ph3 - 90% CD - iGMP Budget - Rev1.pee Group Phase Description Takeoff Quantity Total Cost/Unit Total Amount Previous Budget/Notes SHINGLES 88,000.00 sf 1.37 /sf 120,850 007410 METAL ROOF Standing Seam Metal Roof (RS-1 less than 3:12 Pitch) 12,500.00 sf 21.00 /sf 262,433 Corrugated Roof (RS-3)740.00 sf 16.00 /sf 11,840 Corrugated Roof (RS-3) - Storage 5,250.00 sf 16.00 /sf 84,000 METAL ROOF 88,000.00 sf 4.07 /sf 358,273 007420 METAL PANELS Corrugated Metal Wall Panel Siding 12,124.00 sf 16.00 /sf 193,984 Corrugated Metal Soffits 7,292.00 sf 18.00 /sf 131,256 METAL PANELS 88,000.00 sf 3.70 /sf 325,240 007540 MEMBRANE ROOFING TPO Roofing w/ 4" Polyiso 15,000.00 sf 20.40 /sf 305,987 MEMBRANE ROOFING 88,000.00 sf 3.48 /sf 305,987 007620 FLASHING & SHEET METAL Flashings & Sheet Metal 88,000.00 sf 0.76 /sf 66,880 FLASHING & SHEET METAL 88,000.00 sf 0.76 /sf 66,880 007840 FIRESTOPPING Fire Safing / Sound Caulking 79.00 unit 300.00 /unit 23,700 FIRESTOPPING 88,000.00 sf 0.27 /sf 23,700 007920 JOINT SEALANTS Joint Sealants 88,000.00 sf 1.25 /sf 110,000 JOINT SEALANTS 88,000.00 sf 1.25 /sf 110,000 THERMAL/MOISTURE PROTEC'N 88,000.00 sf 20.64 /sf 1,816,650 008000 DOORS & WINDOWS 008010 DOORS, FRAMES & HARDWARE Unit Doors - Interior - by Modular EXCL /EXC L Unit Doors - Exterior; Install Modular Supplied Entry Doors *incl 0.00 /incl 0 Storage Doors 82.00 ea 1,500.00 /ea 123,000 Common Area / Exterior 16.00 ea 1,500.00 /ea 24,000 Unload & Distribute / ea 1.00 ls 15,000.00 /ls 15,000 DOORS, FRAMES & HARDWARE 88,000.00 sf 1.84 /sf 162,000 008560 WINDOWS Windows, Vinyl - By Modular EXCL /EXC L Repair & Replace 0.00 ea 0.00 /ea 0 008740 ELECTRO-MECH. HARDWARE ALLOWANCE Key Card System - NIC 0.00 NIC 0.00 /NIC 0 008830 MIRRORS Mirrors in Units Bathroom - by Modular EXCL /EXC L DOORS & WINDOWS 88,000.00 sf 1.84 /sf 162,000 009000 FINISHES 009110 DRYWALL & FINISHES SUPPORT Interior Finish Protection *incl 0.00 /incl 0 Clean Up 530.00 hr 56.00 /hr 29,680 Punch List *incl 0.00 /incl 0 Final Clean 88,000.00 sf 0.54 /sf 47,520 Temp Heat and Weather Protection - See Allowances *AL 0.00 /AL 0 Drywall Patch and Repair 0.00 unit 0.00 /unit 0 CONFIDENTIAL: The information and data in this report are strictly confidential and are supplied on the understanding that they will be held confidentially and not disclosed to third parties without the prior written consent of Shaw Builders.248 City of Aspen Page 8 Modular iGMP Estimate 8/27/2020 8:16 PM August 2020 Burlingame Ph3 - 90% CD - iGMP Budget - Rev1.pee Group Phase Description Takeoff Quantity Total Cost/Unit Total Amount Previous Budget/Notes DRYWALL & FINISHES SUPPORT 88,000.00 sf 0.88 /sf 77,200 009250 GYPSUM WALL BOARD Gyp Board / SF - by Modular EXCL /EXC L Drywall Budget - Water Rooms 740.00 sf 20.00 /sf 14,800 Drywall Budget - Garages *ex 0.00 /ex 0 GYPSUM WALL BOARD 88,000.00 sf 0.17 /sf 14,800 009310 PORCELAIN TILE Floor Tile - by Modular EXCL /EXC L Repair & Replace 0.00 unit 0.00 /unit 0 009430 FLOORING Sealed Concrete Floors at BOH Areas 0.00 sf 0.00 /sf 0 009640 WOOD FLOORING Unit Interior Stair Treads/Risers 0.00 flt 0.00 /flt 0 009650 RESILIENT FLOORING LVT - by Modular -EXCL 0.00 /EXC L 0 LVT - Repair & Replace 0.00 unit 0.00 /unit 0 009680 CARPET Carpet - By Modular EXCL /EXC L Carpet - Repair & Replace 0.00 unit 0.00 /unit 0 009910 PAINTING Painting / SF - Final Coat *incl 0.00 /incl 0 Ext Paint/ sf 88,000.00 sf 1.00 /sf 88,000 Touch-up 79.00 ea 250.00 /ea 19,750 PAINTING 88,000.00 sf 1.22 /sf 107,750 FINISHES 88,000.00 sf 2.27 /sf 199,750 010000 SPECIALTIES 010050 MISC. SPECIALTIES Knox Box 13.00 ea 500.00 /ea 6,500 MISC. SPECIALTIES 88,000.00 sf 0.07 /sf 6,500 010430 INTERIOR SIGNAGE Interior / Exterior Signage *ex 0.00 /ex 0 010520 FIRE PROTECTION Fire Extinguisher w/ Suface Mounted Cabinets 16.00 ea 350.00 /ea 5,600 FIRE PROTECTION 88,000.00 sf 0.06 /sf 5,600 010550 POSTAL SPECIALTIES Postal Specialties, Allowance 1.00 ls 15,000.00 /ls 15,000 POSTAL SPECIALTIES 88,000.00 sf 0.17 /sf 15,000 010820 BATH ACCESSORIES Bathroom Accessories, Units - by Modular ea /ea SPECIALTIES 88,000.00 sf 0.31 /sf 27,100 011000 EQUIPMENT 011130 AUDIO/VISUAL EQUIP TV Mounts - NIC 0.00 ea 0.00 /ea 0 011450 RESIDENTIAL APPLIANCES CONFIDENTIAL: The information and data in this report are strictly confidential and are supplied on the understanding that they will be held confidentially and not disclosed to third parties without the prior written consent of Shaw Builders.249 City of Aspen Page 9 Modular iGMP Estimate 8/27/2020 8:16 PM August 2020 Burlingame Ph3 - 90% CD - iGMP Budget - Rev1.pee Group Phase Description Takeoff Quantity Total Cost/Unit Total Amount Previous Budget/Notes 011450 RESIDENTIAL APPLIANCES Unit Appliances - By Modular EXCL 0.00 /EXC L 0 012000 FURNISHINGS 012320 WOOD CASEWORK Wood Casework - by Modular unit /unit Granite Countertops - by Modular unit 0.00 /unit 0 Wood Casework - Repair/Replace 0.00 unit 0.00 /unit 0 Granite Countertops - Repair/Replace 0.00 unit 0.00 /unit 0 012410 FURNISHINGS Interior Furnishings - NIC 0.00 NIC 0.00 /NIC 0 012490 WINDOW TREATMENTS 2" Faux Wood Blinds *FFE 0.00 /FFE 0 013000 SPECIAL CONSTRUCTION 013100 PHOTOVOLTAIC PV Systems - See Allowances *AL 0.00 /AL 0 013124 PORTABLE/MODULAR BUILDING Modular Boxes - By CoA EXCL 0.00 /EXC L 0 Laydown Yard; Initial Offloading and Rig/Lift/Deliver from Yard to Site 230.00 ea 1,858.70 /ea 427,500 SPS Modular Setting 230.00 ea 3,000.00 /ea 690,000 Cribbing for Modular *incl /incl Laydown Yard - Provided by CoA Adjacent to Project EXCL /EXC L Laydown Yard - BMP's 1.00 ls 10,000.00 /ls 10,000 Laydown Yard - Perimeter Security Fence 1,000.00 lf 14.00 /lf 14,000 Laydown Yard - Material Handling 4.00 mo 15,000.00 /mo 60,000 Laydown Yard - Gravel Laydown 1.00 ls 7,500.00 /ls 7,500 Laydown Yard - Restore 1.00 ls 15,000.00 /ls 15,000 Interior Seam Stitch - Flooring, Drywall on Wall/Ceiling 79.00 unit 13,018.99 /unit 1,028,500 Interior Seam Stitch - Electrical Cable Connection 79.00 unit 478.86 /unit 37,830 Lassiter PORTABLE/MODULAR BUILDING 88,000.00 sf 26.03 /sf 2,290,330 SPECIAL CONSTRUCTION 88,000.00 sf 26.03 /sf 2,290,330 015000 MECHANICAL 015100 PLUMBING Crawlspace Water/Waste and 1st Floor Waste Plumbing 88,000.00 sf 14.34 /sf 1,262,197 Cookeys Modular Box Connections and Testing *incl 0.00 /incl 0 Roof Drain Connections *incl 0.00 /incl 0 Sub Metering *incl 0.00 /incl 0 Conservice PLUMBING 88,000.00 sf 14.34 /sf 1,262,197 015300 FIRE PROTECTION NFPA 13R Fire Supression System 88,000.00 sf 5.62 /sf 494,153 Excel - Breezeway/Balcony Coverage *incl 0.00 /incl 0 FIRE PROTECTION 88,000.00 sf 5.62 /sf 494,153 015510 HVAC Modular Box Connections for ERV Ductwork 230.00 ea 500.00 /ea 115,000 Comfort Air HVAC Exhaust / Fresh Air Terminations / unit 79.00 unit 1,000.00 /unit 79,000 Water Entry Room Heating/Venting 13.00 ea 2,500.00 /ea 32,500 CONFIDENTIAL: The information and data in this report are strictly confidential and are supplied on the understanding that they will be held confidentially and not disclosed to third parties without the prior written consent of Shaw Builders.250 City of Aspen Page 10 Modular iGMP Estimate 8/27/2020 8:16 PM August 2020 Burlingame Ph3 - 90% CD - iGMP Budget - Rev1.pee Group Phase Description Takeoff Quantity Total Cost/Unit Total Amount Previous Budget/Notes 015510 HVAC Crawlspace Ventilation 13.00 ea 1,000.00 /ea 13,000 Crawlspace Heating *ex 0.00 /ex 0 HVAC 88,000.00 sf 2.72 /sf 239,500 MECHANICAL 88,000.00 sf 22.68 /sf 1,995,850 016000 ELECTRICAL 016010 ELECTRICAL Electrical - Service, Cable Pulls 8.00 bldg 124,077.75 /bldg 992,622 Lassiter Exterior Building Lighting *incl 0.00 /incl 0 Water Entry Room, Crawlspace, Temp Power/Lighting, Permit, Etc. *incl 0.00 /incl 0 Heat Trace Circuits and Controls *ex 0.00 /ex 0 ELECTRICAL 88,000.00 sf 11.28 /sf 992,622 016705 FIRE ALARM SYSTEM Fire Alarm System 88,000.00 sf 2.61 /sf 230,000 Lassiter FIRE ALARM SYSTEM 88,000.00 sf 2.61 /sf 230,000 016740 DATA COMMUNICTION SYSTEM Tel/Data Budget - 3 Drops per Unit 79.00 ea 1,350.00 /ea 106,650 CCTV System/Security *ex 0.00 /ex 0 DATA COMMUNICTION SYSTEM 88,000.00 sf 1.21 /sf 106,650 ELECTRICAL 88,000.00 sf 15.11 /sf 1,329,272 018000 ALLOWANCES 018005 ALLOWANCES Winter Conditions; Ground Thaw, Snow Removal, Temp Heat, Concrete Admixes, etc. 1.00 seas 175,000.00 /seas 175,000 Irrigation 1.00 ls 250,000.00 /ls 250,000 PV Systems 100.00 kw 3,800.00 /kw 380,000 Rock Excavation 1.00 ls 50,000.00 /ls 50,000 Rock Crushing, Gathering, Stockpiling for Landscape 1.00 ls 50,000.00 /ls 50,000 Passive Radon Mitigation Systems 13.00 pods 5,000.00 /pods 65,000 Modular Box Repair/Replace due to Travel 230.00 box 200.00 /box 46,000 Temp Access Roads and Soil Stabilization 1.00 ls 75,000.00 /ls 75,000 Integral Gutters at Breezeways / Balconies 1,000.00 lf 25.00 /lf 25,000 Stair on Grade Covered Structures 5.00 ea 35,000.00 /ea 175,000 Bldg 10, 11, 15 Covered Stair Structures 6.00 ea 15,000.00 /ea 90,000 Noise Mitigation 1.00 ls 100,000.00 /ls 100,000 Snow Fencing / Snow Clips 13.00 pods 5,000.00 /pods 65,000 Eave Snowmelt System (Bylin)13.00 pods 5,000.00 /pods 65,000 Site Street / Parking Signage 1.00 ls 25,000.00 /ls 25,000 Building / Storage Signage 1.00 ls 35,000.00 /ls 35,000 Car Chargers 4.00 ea 15,000.00 /ea 60,000 Balcony / Breezeway Knife Plate at Timber to Modular 280.00 each 200.00 /each 56,000 ALLOWANCES 88,000.00 sf 20.31 /sf 1,787,000 ALLOWANCES 88,000.00 sf 20.31 /sf 1,787,000 CONFIDENTIAL: The information and data in this report are strictly confidential and are supplied on the understanding that they will be held confidentially and not disclosed to third parties without the prior written consent of Shaw Builders.251 City of Aspen Page 11A Modular iGMP Estimate 8/27/2020 8:16 PM August 2020 Burlingame Ph3 - 90% CD - iGMP Budget - Rev1.pee Estimate Totals Description Amount Totals Rate 24,148,268 24,148,268 Material Sales Tax Cloud Technology Services 37,924 0.138 % Difference in Coverage 68,953 0.250 % Builders Risk (By Owner) P & P Bond 220,649 0.800 % Two Year Warranty 168,245 0.610 % 495,771 24,644,039 280.046 /sf Building Permit - By Owner Preconstruction Fee 50,000 Design Contingency Estimating Contingency Construction Contingency 1,232,202 5.000 % 1,282,202 25,926,241 Contractor Profit 1,654,866 6.000 % Total 27,581,107 313.422 /sf CONFIDENTIAL: The information and data in this report are strictly confidential and are supplied on the understanding that they will be held confidentially and not disclosed to third parties without the prior written consent of Shaw Builders.252 SHAW ConstructionBurlingame Phase 3 - Draft Procurement SchedulePrint Date: 8/26/2020Target Notice to Proceed9/8/2020MaterialDraft & Review SubcontractEarly Procurment Buyout TargetSubcontractor Buy-Out Req'dSubmittal Prep DurationReceive Submittal from SubShaw Review DurationSubmittal to Arch/EngArch/ Engineer ReviewReturn SubmittalResubmittal Prep DurationResubmit DateFinal Approval DurationReceive Final Approval Order MaterialFabrication Time Complete FabDelivery DurationMaterial DeliveryMaterial Needed on SiteEarthwork / Utilities79/15/202012/6/20201412/20/2020712/27/2020141/10/202171/17/2021141/31/20211/31/2021212/21/202172/28/20213/1/2021Foundations79/15/20201/14/2021141/28/202172/4/2021142/18/202172/25/2021143/11/20213/11/2021214/1/202174/8/20214/9/2021Fire Sprinklers149/22/20204/12/2021144/26/202175/3/2021145/17/202175/24/2021146/7/20216/7/2021216/28/202177/5/20217/6/2021Foundation Waterproofing149/22/20202/28/2021143/14/202173/21/2021144/4/202174/11/2021144/25/20214/25/202175/2/2021145/16/20215/17/2021Radon Piping219/29/20203/11/2021143/25/202174/1/2021144/15/202174/22/2021145/6/20215/6/202175/13/202175/20/20215/21/2021Under Slab Vapor Barrier (Concrete Sub)219/29/20203/7/2021143/21/202173/28/2021144/11/202174/18/2021145/2/20215/2/202175/9/2021145/23/20215/24/2021Rough Carpentry Purchase Agreements2810/6/20204/5/2021144/19/202174/26/2021145/10/202175/17/2021145/31/20215/31/202176/7/2021287/5/20217/6/2021Metal Siding3510/13/20205/1/2021145/15/202175/22/2021146/5/202176/12/2021146/26/20216/26/2021287/24/202177/31/20218/1/2021Wood Siding Purchase Agreement3510/13/20205/30/2021146/13/202176/20/2021147/4/202177/11/2021147/25/20217/25/2021288/22/202178/29/20218/30/2021Roofing - Tie In & Garages4210/20/20206/17/2020147/1/202077/8/2020147/22/202077/29/2020148/12/20208/12/202078/19/202078/26/20208/27/2020Interior Finishes4210/20/20205/3/2021145/17/202175/24/2021146/7/202176/14/2021146/28/20216/28/2021217/19/2021148/2/20218/3/2021Site Concrete4910/27/20201/6/2022141/20/202271/27/2022142/10/202272/17/2022143/3/20223/3/2022213/24/202273/31/20224/1/2022Asphalt4910/27/20201/20/2022142/3/202272/10/2022142/24/202273/3/2022143/17/20223/17/202273/24/202273/31/20224/1/2022Landscaping / Irrigation4910/27/20201/13/2022141/27/202272/3/2022142/17/202272/24/2022143/10/20223/10/202273/17/2022143/31/20224/1/2022Mechanical (Sleeving / MEP Coord)6011/7/20202/15/2021143/1/202173/8/2021143/22/202173/29/2021144/12/20214/12/202174/19/2021145/3/20215/4/2021Electrical (Sleeving / MEP Coord)6011/7/20201/25/2021142/8/202172/15/2021143/1/202173/8/2021143/22/20213/22/2021144/5/2021285/3/20215/4/2021Plumbing (Sleeving / MEP Coord)6011/7/20202/17/2021143/3/202173/10/2021143/24/202173/31/2021144/14/20214/14/2021144/28/202155/3/20215/4/2021** Generally Shaw will target a 60 day buyout. Materials and scopes that are yet to be defined will take longer. Shaw will work with the design - team to have all materials defined in the order of procurement needed. Early procurement upon Notice to Proceed assumed to kick off the MEP cooridnation and submittal process. Note that buyout of MEP equipment will be contingent upon comletion of coordination and design.Page 1 of 1253 Burlingame Ranch Phase 3SPS Draft SOVMODULAR UNIT TOTALSTotalYard Costs-Unload, Store, & Re-Load 374,059Jobsite Delivery Costs 47,994Layout for MEP Coordination 4,488Sill Plates & Anchors- Labor & Material 62,881Install Modular Units 353,039Intermediary Insulation- Labor & Material 60,314Exterior Stitching- Labor & Material 21,504Interior Stitching- Labor & Material 952,578Subtotal1,876,856FRAMING TOTALSTotalMaterial (Truss, balconies, & breezeways)485,770Trusses346,770Hardware48,592Labor (Truss, balconies, & breezeways)1,047,591Subtotal1,928,723SIDING TOTALSTotalSiding Material566,321Siding Labor1,165,907Subtotal1,732,228ADD/ Alternate/ Assumptions:TotalCrane- Storage Yard129,768Crane- Jobsite139,702Common/ Exterior Stairs79,200Temp. StairsRoof Truss Crane13,600Allowance- Carport Framing312,478Allowance- Carport Cedar Screen Wall61,173ADDITIONS TOTAL735,922Allowance- Plans are lacking details for Carports. Cedar STK screen wall at top of carport.Crane costs at storage yard, specialty trailers, cribbing…Crane costs at jobsite to unload & set units per sequenceNotes: ADD/ Alternate/ Assumptions to be added to total above if approvedAllowance- 6x18 DF Stringer Common Stairs (EXCL Engineered Shop Drawings) (EXCL Fabricated Steel Clips, Treads, & Risers)Not includedProvide mobile Crane/ Hoisting for roof trusses if not carried by GCAllowance- Plans are lacking details for Carports. Wood framed walls at storage and timber & dimensional framing at roof254 68 1.Sundeck/ Aspen Mountain Club 2.Aspen Independence Building 3.Silver Queen Gondola 4.Little Nell Hotel 5.Top of Mill 6.St. Regis Hotel 7.Grand Aspen Hyatt 8.5th Street Condos 9.Hotel Durant TI 10.Hunter Plaza Mezzaluna 11.Private Luxury Custom Home 12.Private Luxury Custom Home 13.Private Luxury Custom Home 14.Paradise Brewery 15.Elks Building 16.Private Luxury Custom Home 17.Aspen Club Lodge 18.Private Luxury Custom Home 19.Hyman Street Townhomes 20.Spring Street Townhomes 21.Cooper Townhomes 22.Berg Duplex 23.Block 99 24.River Park Townhomes 25.Isis Theatre 26.Godiva Building 27.Galena Lofts 28.Hunter Creek Housing 29.Cantina 30.Ellis 31.Hotel Jerome 32.Aspen Professional Building 33.Kate Reid Building 34.Private Luxury Custom Home 35.AMFS Harris Concert Hall 36.Aspen Benedict Music Tent 37.Paepcke Center Auditorium 38.Koch Center 39.Aspen Center for Physics 40.Aspen Institute Meadows Lodge 41.Doerr-Hosier Center 42.Aspen Institute Parking Garage and Tennis Club 43.Bandar Center 44.Private Luxury Custom Home 45.Aspen Valley Hospital 46.Maroon Creek Townhomes Ph I and Ph II 47.Private Luxury Custom Home 48.Private Luxury Custom Home 49.Private Luxury Custom Home 50.Aspen Recreational Center 51.Bucksbaum Campus 52.Aspen Country Day School 53.Aspen Music Festival School 54.Burlingame Ranch 55.Aspen Villas 56.Private Luxury Custom Home 57.Aspen Bed and Breakfast Lodge 58.Christiana Lodge 59.Private Luxury Custom Home 60.Aspen Hotel 61.Private Luxury Custom Home 62.Ruby Park Transit 63.Dancing Bear 64.Private Luxury Custom Home 65.Aspen Base Operations 66.Bumps at Buttermilk Base 67.Maroon Creek Clubhouse 68.Truscott Housing 69.Maroon Creek Housing 70.Tiehack Day Lodge 71.City of Aspen Building Department T.I. 72.City of Aspen Main Street Utility Improvement 73.City of Aspen Police Department 74.One Aspen 75.Aspen Institute Reception and Restaurant 76.Aspen Police Department Affordable Housing 77.West Main Affordable Housing 78.Park Circle Affordable Housing 79.Castle Creek Affordable Housing 80.Aspen City Center Shaw Construction has been building in Aspen for decades. To date, we’ve successfully completed 75+ projects within city limits. 76 41 51 37 5 ASPEN LEGACY 73 50 75 22 255 DENVER THANK YOU For more info visit shawconstruction.net DENVERGRAND JUNCTION JACKSON SALT LAKE CITY 256 1 REGULAR MEETING ASPEN CITY COUNCIL AUGUST 25, 2020 At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilmembers Richards, Mesirow, Mullins and Hauenstein joining via video conference. PUBLIC COMMENT: Mayor Torre said Lee Mulcahy contacted him earlier to play a YouTube video from the APCHA meeting. He asked Shannon Buckner to put a link on the screen if people want to view the video. Councilman Mesirow said it was a video of his mother, Sandy Mulcahy at a meeting from three years or so back giving testimony regarding the eviction. Mike Maple – Mr. Maple thanked everyone for their service and COVID responses. He said that allowing restaurants into the street was a brilliant move. He also thanked Mitch Osur. He mentioned electric bikes and said there has been a huge explosion this summer. It’s great but has created some challenges. He’s happy to report, he has seen very few e-bikes where they shouldn’t be. E-bikes shouldn’t be going faster than 20 mph on trails like the Rio Grande and physical changes need to be made. We need wider trails due to the number of them being used. The Castle Creek underpass to the Marolt bridge needs some work as it’s a very dangerous choke point. He’s had near collisions dozens of times per year due to the sharp blind corner. More time effort and money need to be put into this and roundabout improvements. He said it’s difficult to do public comment and that the city should provide a link. COUNCIL COMMENTS: Councilwoman Mullins said thank you to the citizens of Aspen and visitors. The mask order is working, and people are adhering to it. She thanked everyone for taking it seriously. She said she is happy about the stage 2 drought measures added to the council packet last minute. Councilman Mesirow said he was in DC recently and said sometimes you have to leave Aspen to appreciate how wonderful it is. To be in a major city to see a lack of compliance and innumerable closed businesses, really drove home how well we are doing. We are lucky. Thank you to the management team, city staff, county commissioners and city council. He pointed out that he is wearing his I voted sticker and mentioned the upcoming election and said voting is more paramount than ever. Councilman Hauenstein said I-70 is back open and he is deeply grateful to the 800 firefighters fighting the Grizzly Creek fire. He reminded everyone to fill out their census form. Councilwoman Richards said flu shots are in and she is encouraging everyone to get this so they don’t have to determine flu or COVID this season. Wished everyone a happy end to summer. Mayor Torre said Labor Day is around the corner. He said we are still at a comfortable level for the virus and reminded everyone to stay vigilant with the 5 commitments. This morning was a chamber board meeting and he said he learned that occupancy is still down whether we see it or not. You might feel more presence on the streets but take a deep breath, stay calm and patient. We are still working together on all aspects of recovery. CITY MANAGER COMMENTS: Ms. Ott gave an overview of how she is approaching this winter with staff. She created an internal team for planning, logistics, liaison. There are 30 or so issues which need to be addressed. There is a team set up and sub teams, which are meeting regularly and bringing policies back to council. She’s spending a 257 2 REGULAR MEETING ASPEN CITY COUNCIL AUGUST 25, 2020 lot of time with Pitkin County folks figuring out the winter issues. She is heavily focused on getting clarity from the governor’s office regarding ski hills. She gave an update on the city election and the addition of a ballot box in front of city hall. She also mentioned an election communication campaign to encourage voter participation. She mentioned the census and acommittee that has been really focused on canvassing in low response areas. She gave an update on the Marolt units and said they are at 35% occupancy at this time. They are going ahead with pre-leasing. Lastly, she mentioned that council will not be meeting again until September 8th. Councilwoman Richards said it’s a real shame to have rental units at Marolt not occupied. She said the APCHA website doesn’t show any Marolt units as available. Councilman Hauenstein agreed with Rachel regarding the Marolt units. He volunteered to sit on the Wheeler board as ex officio. Mayor Torre said he is also interested in the Wheeler appointment. Councilman Mesirow also said he is surprised to see empty units as well. He thinks Torre would be great for the Wheeler position as well. BOARD REPORTS: Councilwoman Richards said she sat in on the Club 20 executive meeting. Councilman Mesirow said there was a short APCHAmeeting and looked at some candidates for hearing officers and Sara spoke about briefly about Mike’s departure. Councilwoman Mullins asked who is going to Northwest COG and Councilman Mesirow said he will continue going. Mayor Torre said there was an ACRA meeting today and they had Mitch Osur giving a presentation about some items the city has been working on, suchas the small loan program, street activation, etc. It was a very thorough update. CONSENT CALENDAR: Councilwoman Mullins pulled resolutions #074 and #077. Resolution #074 – Wheeler Opera House Masonry Scope – Rob Schober Councilwoman Mullins said she has gotten several emails questioning why we don’t have someone who is a specialist or expert for the masonry. Mr. Schober said Aspen Constructors is managing and using a subcontractor who is a preferred contractor for the historical society. They are just finishing up a multiyear renovation at the Denver Cathedral, so those masons will come here to work on the Wheeler. Councilwoman Mullins said she would like to see a list of their projects for her own interests. Resolution #077 – Stage 2 Water Restrictions – Tyler Christoff Mr. Christoff explained the stage 2 details and how they differ from stage 1. Councilwoman Mullins motioned to approve the consent calendar; Councilman Hauenstein seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried. 258 3 REGULAR MEETING ASPEN CITY COUNCIL AUGUST 25, 2020 NOTICE OF CALL UP: 110 Neale Avenue – Sarah Yoon Ms. Yoon said this lot is maintaining its historic designation, but not the resource. HPC gave conceptual approval. There were no HPC benefits requested and it was approved 5-0. Staff is recommending council uphold their decision. Councilman Hauenstein said he supports this. Councilwoman Mullins said she doesn’t support a call up. Councilwoman Richards said it seems that our calculation for getting rid of an accessory dwelling unit, results in a very low payback. It’s something we should try to adjust moving forward. 500 W. Main Street – Amy Simon Ms. Simon said Rowland & Broughton had approached council about a lot split and wanted to sell off the TDR’s and that was approved, but now they are more interested in developing a home. This is ok in this zone district. This was approved by HPC in a 5-0 vote and staff is recommending council uphold the approval. Mayor Torre said this isn’t in alignment with what we want for the community. Councilman Mesirow agreed. Councilman Hauenstein and Councilwoman Mullins aren’t interested in calling this up. PUBLIC HEARING: – Ordinance #10, Series of 2020 - Amending Chapters 25.28 Water Shortages of the City of Aspen Municipal Code – Steve Hunter Councilwoman Mullins motioned to approve; Councilwoman Richards seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. RESOLUTION #067, SERIES OF 2020:Silver City Ice Rink Temporary Use – Amy Simon Ms. Simon said COVID delayed the removal of the chiller and now the owner would like to keep it a little longer for this winter season to April 10th, 2021. Councilwoman Mullins motioned to approve, Councilman Mesirow seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried. Councilwoman Richards motioned to adjourn, Councilman Hauenstein seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. 5-0, motion carried. ______________________ Nicole Henning, City Clerk 259 Page 1 Resolution No. 076, Series of 2020 – Vacation Rental Business License Requirements MEMORANDUM TO:Mayor Torre and City Council FROM:Pete Strecker, Director Finance Department Phillip Supino, Director Community Development Department MEMO DATE:August 28, 2020 MEETING DATE:September 8, 2020 RE:Vacation Rental Land Use Code Amendment: Policy Resolution No. 076, Series of 2020 REQUEST OF COUNCIL:The Finance and Community Development Departments, request approval of a Policy Resolution and a Land Use Code Amendment to the vacation rental and business license regulations in the Land Use Code. SUMMARY AND BACKGROUND: A Policy Resolution is required as the first step to amend the Land Use Code. Resolution No. 076, Series of 2020 is a Policy Resolution authorizing the Community Development and Finance Departments to amend the Land Use Code to require private vacation rental properties to obtain a business license. Staff proposes Council approve the Policy Resolution and First Reading of the supporting Ordinance No. 13 at the same hearing. As such, the memo included in the Council packet along with Ordinance No. 13 includes the relevant background and discussion to support Council consideration of this code amendment. DISCUSSION: See Ordinance No. 13, Series of 2020 memo in the September 8th Council Packet for discussion of this topic. FINANCIAL IMPACTS: ENVIRONMENTAL IMPACTS: ALTERNATIVES: RECOMMENDATION:Staff recommends approval of Resolution No. 076, Series of 2020. RECOMMENDED MOTION (All motions are proposed in the affirmative): “I move to approve Resolution No. 076, Series of 2020.” CITY MANAGER COMMENTS: ATTACHMENTS:None 260 Resolution No. 076, Series 2020 Page 1 of 2 RESOLUTION NO. 076 SERIES OF 2020 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING AMENDMENTS TO THE LAND USE CODE REGARDING VACATION RENTALS WHEREAS,pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to draft a Land Use Code amendment to rescind and reinstate language to require that each individual addressed Vacation Rental property or unit obtain a business license; and, WHEREAS,pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach by publishing a description of the proposed amendment in the monthly Community Development Newsletter. The Finance Department has actively engaged the local business community, specifically property management companies, regarding the proposed changes and their potential impacts, prior to the adoption of the Code amendments; and, WHEREAS,City Council has reviewed the proposed code amendment policy direction, and finds it meets the criteria outlined in Section 26.310.040; and, WHEREAS,pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on September 8 th, 2020, the City Council approved Resolution No. 076, Series of 2020, by a 5 to 0 (five to zero) vote, requesting a Land Use Code amendment; and, WHEREAS, this Resolution does not amend the Land Use Code, but provides direction to Staff for amending the Land Use Code; and, WHEREAS,the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Code Amendment Objective and Direction The objective of the proposed Land Use Code amendment is to align the Land Use Code regulations related to vacation rental uses with the business license regulations for such uses in the Municipal Code. Related Definitions in Part 100 will also be amended to align with revised vacation rental regulations. Section 2: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. 261 Resolution No. 076, Series 2020 Page 2 of 2 Section 3: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted this 8 th day of September 2020. _______________________________ Torre, Mayor ATTEST:APPROVED AS TO FORM: _____________________________________________________________ Nicole Henning, City Clerk James R True, City Attorney 262 Page 1 Ordinance No. 13, Series of 2020 – Vacation Rental Business License Requirements MEMORANDUM TO:Mayor Torre and City Council FROM:Pete Strecker, Director Finance Department Phillip Supino, Director Community Development Department MEMO DATE:August 28, 2020 MEETING DATE:September 8, 2020 RE:Vacation Rental Land Use Code Amendment: Policy Resolution No. 076, Series of 2020 and First Reading of Ord. No. 13, Series of 2020 REQUEST OF COUNCIL:The Finance and Community Development Departments, request approval of a Policy Resolution and a Land Use Code Amendment to the vacation rental and business license regulations in the Land Use Code. SUMMARY AND BACKGROUND: Staff is re-starting a process begun with Council on November 12th, 2019. A follow-up work session was held on February 24 th, 2020. The issue at hand is that there is currently inadequate compliance with business license and Short-term Rental (STR) permitting regulations, reducing the taxes collected by the City from STR businesses and undermining the City’s ability to monitor and regulate the industry. Amending the STR regulations in the Land Use Code will provide Finance and Community Development the tools and information required to improve tax compliance and collect essential data about STRs in town. After final direction from Council on February 24 th and completion of public outreach to the lodging community, the process was placed on hold due to the COVID-19 pandemic. Staff is now presenting a revised ordinance to Council in response to previous Council direction and public outreach. In response to public comment and Council direction, “Condo Hotel” units may obtain one vacation rental permit and one business license for the total number of managed condominium units located on the property and made available as vacation rentals. All other Vacation Rental properties and units are required to obtain an individual and sperate business license and vacation rental permit. At tonight’s meeting, the City Council took action on Policy Resolution No. 076, Series of 2020, which provides staff with direction to amend the vacation rental and definitions sections of the Land Use Code. The Land Use Code requires Council first pass a policy resolution prior to considering a code amendment. Land Use Requests and Review Procedures: 263 Page 2 Ordinance No. 13, Series of 2020 – Vacation Rental Business License Requirements This meeting is to discuss potential changes to the City of Aspen Land Use Code. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three-step process: 1.Step 1: Public Outreach is a requirement in consideration of a Policy Resolution. The Finance Department has engaged the business community, specifically property managers and “Condo Hotel” managers, those most directly impacted by this change. Community Development Staff has also placed a notice regarding the Land Use Code amendments in the Community Development Newsletter that is emailed bi-weekly to approximately 500 local businesses and interested parties. 2.Step 2: Policy Resolution by City Council indicating if an amendment should be pursued – Policy Resolution No. 076, Series of 2020. 3. Step 3: Public Hearing on Ordinance outlining specific code amendments (if Policy Resolution is adopted, then Step 3 is the current step) DISCUSSION: Ordinance No. 13 requires each individually addressed residential property or unit applying to obtain a City of Aspen Vacation Rental Permit to first obtain a City of Aspen Business License pursuant to Municipal Code Chapter 14.08, Business Licenses. Condo-Hotels, as defined in Section 26.100.104, may obtain one vacation rental permit and one business license for the total number of managed condominium units located on the property and made available as vacation rentals. This change is in response to Council direction and public input. The definition of “Condo Hotel” was developed in coordination with Condo Hotel operators and aligns with related regulations and standards in the LUC for lodge properties. The definition distinguishes between more traditional condominiumized lodges, which offer central management for the vacation/short-term rental component of the business, and private vacation rental properties managed by a property manager. The following language in the definition makes this distinction: “Condo Hotels must include the following services: common reservation system, and on-site, in-person management.” Without both of these elements, a vacation rental must be individually licensed. This distinction ensures that the handful of traditional Condo Hotel properties in town may cover their properties under one license, while individually owned, private residential properties which may be used as vacation rentals must obtain separate business licenses. Making this distinction is essential to achieving Council’s goals with respect to licensing, permitting, tax remittance, and regulatory compliance for vacation rentals. Approval of the draft ordinance on 1st Reading will allow for additional discussion of the issue at 2nd Reading. Staff requests Council direction on the business license requirement, “Condo Hotel” definition and exemption prior to second reading. 264 Page 3 Ordinance No. 13, Series of 2020 – Vacation Rental Business License Requirements FINANCIAL IMPACTS: Finance will see an increase in Business License Fee collections and Sales and Lodging Tax collections. ENVIRONMENTAL IMPACTS: At this time, Staff does not anticipate any environmental impacts associated with the proposed Land Use Code amendment. ALTERNATIVES: Council may choose not to approve the code amendment. This would hinder the collection of additional taxes collected by the City from STR businesses and reduce the City’s ability to monitor and regulate the industry. RECOMMENDATION:Staff recommends approval of Ordinance No. 13, Series of 2020 on 1st Reading, and set 2nd Reading (public hearing) for September 22nd, 2020. RECOMMENDED MOTION (All motions are proposed in the affirmative): “I move to approve Ordinance No. 13, Series of 2020 on 1 st Reading and set the public hearing for September 22nd, 2020.” CITY MANAGER COMMENTS: ATTACHMENTS None. 265 Ordinance 13, Series 2020 Page 1 of 3 ORDINANCE NO. 013 SERIES OF 2020 AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING THE CITY OF ASPEN LAND USE CODE VACATION RENTAL REGULATIONS WHEREAS, in accordance with Chapters 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to draft a Land Use Code amendment to rescind and reinstate language pertaining to Vacation Rental properties and the requirement for each individual property address or unit to obtain a business license; and, WHEREAS, pursuant to Chapter 26.310, a request to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, then a PolicyResolution reviewed and acted on by City Council, with final action by City Council after reviewing and considering the recommendation from the Community Development;and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach publishing information on the Code amendment in the Community Development Monthly Newsletter. The Finance Department conducted direct public outreach to parties who would be affected by this amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on September 8th, 2020, the City Council approved Policy Resolution No. ____, Series of 2020, by a vote of to requesting a Land Use Code amendments to rescind and reinstate new language pertaining to Vacation Rental properties and the requirement for each individual property address or unit to obtain a business license;and, WHEREAS, the City Council has reviewed the proposed Land Use Code amendment at 1st Reading on September 8th, 2020 and at 2 nd Reading September 22nd, 2020 and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310;and, WHEREAS, the proposed Land Use Code amendment will foster better governance by aiding in Finance Department data tracking and tax remittance review and creates better overall compliance with Business Licenses and Vacation Rental property permitting; and, WHEREAS, the proposed amendment is also consistent and compatible with the goals and objectives of the City of Aspen and the Aspen Area Community Plan (AACP); and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: 266 Ordinance 13, Series 2020 Page 2 of 3 Section 1: Code Amendment Objective The objective of the proposed Land Use Code amendment is to require each individual Vacation Rental propertyaddress or unit obtain a business license. Section 2: City of Aspen Land Use Code Section 26.104.100, Definitions, is hereby amended to include the following: Condo Hotel. A residential Lodge use where the development is comprised of individually owned condominium residential units within a common development, governed by a Condominium Association, with an approved condominium plat filed with the Pitkin County Clerk and Recorder, and in accordance with the Colorado Condominium Ownership Act, C.R.S. 38-33. Condo Hotels must include the following services: common reservation system; and on-site, in-person management; Condo Hotels must include a minimum of three of the following services and on-site amenities: commercial kitchen or other in-house food service; on or off-site fitness or gym facilities; pool, hot tub, or sauna facilities; guest lounge; entertainment facilities accessible to guests; bar or restaurant; retail or services (such as guide services, concierge, equipment rental or repair, spa or beauty facilities); meeting, conference, entertainment, or ballroom facilities; ground transportation services; other amenities as may be provided to address the specific lodge needs. As Condo Hotel units are primarily residential units, and secondarily lodge units available for short-term occupancy, owners of Condo Hotel units are exempted from the Lodge Use maximum occupancy period of 30 consecutive days and 90 cumulative days per calendar year. Hotel. see Lodge and Boutique Lodge Use Categories in section 26.104.110 Lodge. see Lodge and Boutique Lodge Use Categories in section 26.104.110 Motel. see Lodge and Boutique Lodge Use Categories in section 26.104.110 Section 2: The following shall be deleted from City of Aspen Land Use Code Section 26.104.100: Lodge. Same as hotel. Motel. Same as hotel. 267 Ordinance 13, Series 2020 Page 3 of 3 Section 3: City of Aspen Land Use Code Section 26.575.220.D.2 is hereby amended to read as follows: Each individually addressed residential property or unit applying to obtain a City of Aspen Vacation Rental Permit shall first obtain a City of Aspen Business License pursuant to Municipal Code Chapter 14.08, Business Licenses. Condo-Hotels, as defined in Section 26.100.104, may obtain one vacation rental permit and one business license for the total number of managed condominium units located on the property and made available as vacation rentals. Section 4: Cityof Aspen Land Use Code Section 26.575.220.E.3 is hereby deleted in its entirety. Exceptions for Multi-family dwelling units. Multi-family dwelling units within the same complex have the option to submit aconsolidated Vacation Rental Permit application for multiple units managed by one local owner representative. If multi-family dwelling units use different owner representatives, separate applications shall be required. Section 5: Any scrivener’s errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 6: Effect Upon Existing Litigation. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceedingnow pendingunderor byvirtueof the ordinances repealedor amended asherein provided, and the same shall be conducted and concluded under such priorordinances. Section 7: Severability. If anysection, subsection, sentence, clause,phrase, or portion of this ordinanceis for anyreason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate,distinct and independent provision and shall not affect the validityof the remaining portions thereof. Section 8: Effective Date. In accordancewith Section 4.9 of theCityof Aspen Home RuleCharter, this ordinanceshallbecome effective thirty (30) days following finalpassage. 268 Ordinance 13, Series 2020 Page 4 of 3 Section 9: A public hearing on this ordinance shall be held on the 22nd day of September 2020, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8th day of September 2020. Attest: Nicole Henning, City Clerk Torre, Mayor FINALLY, adopted, passed and approved , 2020. Attest: Nicole Henning, City Clerk Torre, Mayor Approved as toform: James R. True, City Attorney 269 MEMORANDUM TO:City Council FROM:Pete Strecker, Finance Director THROUGH:Sara Ott, City Manager MEETING DATE:September 8, 2020 RE:Isis Theater Building Debt Refinancing REQUEST OF COUNCIL:Staff is requesting Council approval of documents associated with refinancing the Isis Theater building’s roughly $2 million debt obligation that remains from the original issuance in 2007. By facilitating the refinancing of this debt, a net present value savings of $447,088 can be achieved, and will assist Aspen Film (the current tenant) in its sublease obligations it has to the City. SUMMARY AND BACKGROUND:Most recently discussed with Council at the August 11, 2020 work session, the City has been working on a refinancing of the outstanding balance on debt issued in 2007. When the debt was first issued, the City was engaged as a financing partner to help preserve the space as public benefit for tourists and locals alike to enjoy. Debt was issued on the open market using certificates of participation (COPs) and allowed for the value of the real estate to be used as collateral to secure the debt. Following the Sept 1 annual principal payment, there is $1.96 million in debt outstanding. The ownership structure and leasing arrangements between parties for the Isis Theater building is as follows: The Aspen Public Facilities Authority acts as landlord of the building. The City of Aspen leases the building from the Authority. Aspen Film subleases the building from the City of Aspen. Metropolitan Film entered into an operating lease for the theater with Aspen Film. DISCUSSION:As one can likely imagine, the interest rate environment has changed dramatically since 2007. With this change, there is a significant opportunity to refinance the outstanding debt and achieve real savings. Currently, the remaining seventeen years of debt service has interest charges of 5.66% and escalating to as high as 5.96% in the last few years. The proposed new structure will have interest rates locked at 2.89% for the first fifteen years, with the last two years having a variable rate (currently estimated at 3.51%). To achieve the refinancing, the ownership and lease structure will need to be modified. Under the new proposal, the Aspen Public Facilities Authority will convey ownership to the City of Aspen, and the City of Aspen will borrow funds from Vectra Bank in exchange 270 for a leasehold by Vectra Bank, which will then lease back the property to the City in exchange for the loan repayments – this will be effectively the same financing arrangement that exists now (with a single certificate of participation) but with new members. The City will still then sublease the property to Aspen Film like it always has. Ultimately, this will eliminate the need for the Aspen Public Facilities Authority and the ownership of the building will reside with the City of Aspen. FINANCIAL IMPACTS: The City still is the holder of the debt under this arrangement. While this remains, ultimately Aspen Film will be the largest benefactor of this refinancing as the sublease to this tenant is intended to pay off the remaining debt obligation. As such, the $447,088 net present value savings will be passed on to Aspen Film, but it will also be reflected in the City’s financials within the Debt Service Fund (250 Fund) through a reduction in lease payments and expenditures over the course of the next seventeen years (or sooner if Aspen Film is able to retire the debt on a more rapid schedule). RECOMMENDATIONS:Staff recommends approval on first reading for the authorizing ordinance #14, new site lease and lease purchase agreement to facilitate this debt refinancing. CITY MANAGER COMMENTS: ATTACHMENTS: (1)Ordinance (2)Site Lease (3)Lease 271 1 CITY OF ASPEN, COLORADO ORDINANCE NO. 14 (SERIES OF 2020) AN ORDINANCE CONCERNING THE REFINANCING OF THE CITY OF ASPEN PUBLIC FACILITIES AUTHORITY TAXABLE CERTIFICATES OF PARTICIPATION (ISIS THEATER PROJECT), SERIES 2007A, AND IN CONNECTION THEREWITH AUTHORIZING THE EXERCISE OF THE CITY’S OPTION TO PURCHASE THE ASPENFILM PROPERTY FROM THE AUTHORITY AND THE EXECUTION AND DELIVERY OF A SITE LEASE AGREEMENT, A LEASE PURCHASE AGREEMENT AND OTHER DOCUMENTS RELATED THERETO. WHEREAS, the City of Aspen, Pitkin County, Colorado (the “City”) is a duly organized and existing home rule municipality of the State of Colorado, created and operating pursuant to Article XX of the Constitution of the State of Colorado and the home rule charter of the City (the “Charter”); and WHEREAS, pursuant to Section 10.8 of the Charter, the City is authorized to enter into one or more leases or lease-purchase agreements for land, buildings, equipment and other property for governmental or proprietary purposes; and WHEREAS, for the purpose of financing the cost of acquiring certain property in the City known as the Isis Theater Condominiums (the “Prior Project”), there has previously been executed and delivered: i. A Special Warranty Deed dated as of February 15, 2007, conveying the Prior Project from CC Aspen, LLC, an Arizona limited liability company, to the Authority (the “Leased Property”); and ii. A Lease Purchase Agreement dated as of February 1, 2007 (the “2007 Lease”), by and between the City, as lessee, and the City of Aspen Public Finance Authority, as Lessor (the “Authority”); and iii. A Mortgage and Indenture of Trust dated as of February 1, 2007 (the “2007 Indenture”), by and between the Authority and The Bank of Cherry Creek, N.A. (now UMB Bank, n.a.), as Trustee (the “2007 Trustee”); and WHEREAS, pursuant to the 2007 Indenture, there were issued to investors the City of Aspen Public Facilities Authority Taxable Certificates of Participation (Isis Theater Project), Series 2007A (the “2007 Certificates”); and WHEREAS, pursuant to the 2007 Indenture, the 2007 Certificates are subject to redemption prior to maturity on any date on and after March 1, 2017, from moneys received by the 2007 Trustee from exercise of the City of its option to purchase the Leased Property; and 272 2 WHEREAS, pursuant to the 2007 Lease, the City has the option to purchase the Leased Property and to cause the redemption of the 2007 Certificates; and WHEREAS,a portion of the Leased Property was previously acquired by the City and conveyed to Isis Aspen Holdings, LLC and a portion of the 2007 Certificates was redeemed in connection with the acquisition and conveyance; and WHEREAS, the Leased Property now consists of a condominium unit currently subleased by the City to AspenFilm, f/k/a Independent Films, Inc. d/b/a AspenFilm (the “AspenFilm Sublease”); and WHEREAS, the City Council of the City (the “Council”) hereby determines that it is in the best interests of the City and its inhabitants that the City exercise its option to acquire the Leased Property in order to refinance the 2007 Certificates and to construct additional improvements to the Leased Property (collectively, the “2020 Project”); and WHEREAS, pursuant to a request for proposals from the City, Vectra Bank, a division of Zions Bancorporation (“Vectra”) has proposed to fund the refinancing of the 2007 Certificates by purchasing Taxable Refunding and Improvement 2020 Certificates of Participation, Series 2020, dated as of their date of delivery in the aggregate principal amount of not to exceed $2,500,000 (the “2020 Certificates”) which will be issued pursuant to an Indenture of Trust (the “2020 Indenture”) entered into by Zions Bancorporation, National Association, acting solely in its capacity as trustee under the 2020 Indenture (the “2020 Trustee”); and WHEREAS, concurrently with the acquisition of the Leased Property the City will (i) enter into a Site Lease Agreement with the 2020 Trustee to lease the Leased Property to the 2020 Trustee (the “2020 Site Lease”) and (ii) enter into a Lease Purchase Agreement with the 2020 Trustee (the “2020 Lease”, and together with the “2020 Site Lease”, the “Transaction Documents”) for the purpose of refinancing the 2007 Certificates and restructuring the City’s payments pursuant to the 2007 Lease so as to effect certain financial benefits for the City; and WHEREAS, pursuant to the 2020 Lease, and subject to the right of the City to terminate the 2020 Lease and other limitations as therein provided, the City will pay certain Base Rentals and Additional Rentals (as such terms are defined in the 2020 Lease) in consideration for the right of the City to use the Leased Property; and WHEREAS,the City’s obligation under the 2020 Lease to pay Base Rentals and Additional Rentals will be from year to year only; will constitute currently budgeted expenditures of the City; will not constitute a mandatory charge or requirement in any ensuing budget year; and will not constitute a general obligation or other indebtedness or multiple fiscal year financial obligation of the City within the meaning of any constitutional, statutory or Charter limitation or requirement concerning the creation of indebtedness or multiple fiscal year financial obligation (except as provided in Section 10.4 of the Charter concerning the limitation of City indebtedness to 20% of the assessed valuation of taxable property in the City), nor a mandatory payment obligation of the City in any ensuing fiscal year beyond any fiscal year during which the 2020 Lease shall be in effect; and 273 3 WHEREAS, the 2020 Certificates will evidence proportionate interests in the right to receive certain revenues under the 2020 Lease, will be payable solely from the sources therein provided and shall not directly or indirectly obligate the City to make any payments beyond those appropriated for any fiscal year during which the 2020 Lease shall be in effect; and WHEREAS, the proceeds of the sale of the 2020 Certificates will be utilized to effect the 2020 Project; and WHEREAS, the Leased Property will continue to be subleased by the City to AspenFilm, f/k/a Independent Films, Inc. d/b/a AspenFilm pursuant to an amended AspenFilm Sublease; and WHEREAS,Section 11-57-204 of the Supplemental Public Securities Act, constituting Title 11, Article 57, Part 2, Colorado Revised Statutes, as amended (the “Supplemental Act”), provides that a public entity, including the City, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act; and WHEREAS, there has been presented to the Council and are on file with the City Clerk the proposed forms of Transaction Documents; and WHEREAS, capitalized terms used herein and not otherwise defined shall have the meanings set forth in the 2020 Lease. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,the following: Section 1. Short Title. This Ordinance shall be known and may be cited by the short title “2020 AspenFilm Lease Purchase Ordinance.” Section 2. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Council. Section 3. Ratification and Approval of Prior Actions. All action heretofore taken (not inconsistent with the provisions of this Ordinance) by the Council or the officers, agents or employees of the Council or the City relating to the acquisition of the Leased Property pursuant to the 2007 Lease, the redemption of the 2007 Certificates, the lease of the Leased Property by the City to the Trustee pursuant to the 2020 Site Lease, the leasing of the Leased Property to the City by the Trustee pursuant to 2020 Lease, and the financing of the costs of the 2020 Project by the issuance of the 2020 Certificates and the execution and delivery of the Transaction Documents is hereby ratified, approved and confirmed. Section 4. Finding of Best Interests. The Council hereby finds and determines, pursuant to the Constitution, the laws of the State of Colorado and the Charter, that the 2020 Project, and the financing of the costs thereof pursuant to the terms set forth in the 2020 Lease are necessary, convenient, and in furtherance of the City’s purposes and are in the best interests of the inhabitants of the City and the Council hereby authorizes and approves the same. 274 4 Section 5.Supplemental Act; Parameters. The Council hereby elects to apply all of the Supplemental Act to the Transaction Documents and in connection therewith delegates to each of the Mayor, the City Manager or the Finance Director of the City the independent authority to make any determination delegable pursuant to Section 11-57-205(1)(a-i), Colorado Revised Statutes, in relation to the Transaction Documents, and to execute a sale certificate (the “Sale Certificate”) setting forth such determinations, including without limitation, the term of the 2020 Lease and the rental amount to be paid by the City pursuant to the 2020 Lease, subject to the following parameters and restrictions: a) the 2020 Lease term shall not extend beyond December 31, 2037; b) the term of the 2020 Site Lease shall not extend more than 10 years beyond the term of the 2020 Lease; c) the aggregate principal amount of the Base Rentals payable by the City pursuant to the 2020 Lease shall not exceed $2,500,000; d) the maximum annual repayment amount of Base Rentals payable by the City pursuant to the 2020 Lease shall not exceed $200,000; e) the maximum total repayment amount of Base Rentals payable by the City pursuant to the 2020 Lease shall not exceed $3,000,000; f) the maximum interest rate on the interest component of the Base Rentals relating to the 2020 Certificates shall not exceed 5.00%. Pursuant to Section 11-57-205 of the Supplemental Act, the Council hereby delegates to each of the Mayor, the City Manager or the Finance Director the independent authority to sign or to accept a binding bid for purchase of the 2020 Certificates and to execute any agreement or agreements in connection therewith. The Council hereby agrees and acknowledges that the proceeds of the 2020 Certificates will be used to finance the 2020 Project and to pay other costs of issuance. Section 6. Approval of Documents. The Transaction Documents, in substantially the forms on file with the City Clerk, are in all respects approved, authorized and confirmed, and the Mayor of the City is hereby authorized and directed for and on behalf of the City to execute and deliver the Transaction Documents, in substantially the form and with substantially the same content as on file with the City Clerk, provided that such documents may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Ordinance. Section 7. Authorization to Execute Collateral Documents. The City Clerk is hereby authorized and directed to attest all signatures and acts of any official of the City in connection with the matters authorized by this Ordinance and to place the seal of the City on any document authorized and approved by this Ordinance. The Mayor, the City Clerk, the City Manager, the Finance Director and other employees and officials of the City are hereby authorized and directed to execute and deliver for and on behalf of the City any and all additional 2020 Certificates, 275 5 documents and other papers, and to perform all other acts that they may deem necessary or appropriate in order to implement and carry out the transactions and other matters authorized by this Ordinance, including, without limitation, the modification or amendment of the AspenFilm Sublease. The approval hereby given to the various documents referred to above includes an approval of such additional details therein as may be necessary and appropriate for their completion, deletions therefrom and additions thereto as may be approved by the City Manager or the Finance Director prior to the execution of the documents. The execution of any instrument by the appropriate officers of the City herein authorized shall be conclusive evidence of the approval by the City of such instrument in accordance with the terms hereof. Section 8.No General Obligation Debt. No provision of this ordinance, the 2020 Lease, the Indenture, or the 2020 Certificates, shall be construed as creating or constituting a general obligation or other indebtedness or multiple fiscal year financial obligation of the City within the meaning of any constitutional, statutory or home rule charter provision (except as provided in Section 10.4 of the Charter concerning the limitation of City indebtedness to 20% of the assessed valuation of taxable property in the City), nor a mandatory charge or requirement against the City in any ensuing fiscal year beyond the then current fiscal year. The City shall have no obligation to make any payment with respect to the 2020 Certificates except in connection with the payment of the BaseRentals and certain other payments under the 2020 Lease, which payments may be terminated by the City in accordance with the provisions of the 2020 Lease. No provision of the 2020 Lease or the 2020 Certificates shall be construed or interpreted as creating an unlawful delegation of governmental powers nor as a donation by or a lending of the credit of the City within the meaning of Sections 1 or 2 of Article XI of the Colorado Constitution. Neither the 2020 Lease nor the 2020 Certificates shall directly or indirectly obligate the City to make any payments beyond those budgeted and appropriated for the City’s then current fiscal year. Section 9.Reasonableness of Rentals. The Council hereby determines and declares that the Base Rentals due under the 2020 Lease, in the maximum amounts authorized pursuant to Section 5 hereof, constitute the fair rental value of the Leased Property and do not exceed a reasonable amount so as to place the City under an economic compulsion to renew the 2020 Lease or to exercise its option to purchase the Leased Property pursuant to the 2020 Lease. The Council hereby determines and declares that the period during which the City has an option to purchase the Leased Property from the Trustee (i.e., the entire maximum term of the 2020 Lease) does not exceed the useful life of the Leased Property. Section 10.No Recourse against Officers and Agents. Pursuant to Section 11-57-209 of the Supplemental Act, if a member of the Council, or any officer or agent of the City acts in good faith, no civil recourse shall be available against such member, officer, or agent for payment of the principal or interest on the 2020 Certificates. Such recourse shall not be available either directly or indirectly through the Council or the City, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. By the acceptance of the 2020 Certificates and as a part of the consideration of their sale or purchase, any person purchasing or selling such certificate specifically waives any such recourse. Section 11.Repealer. All bylaws, orders, resolutions and ordinances of the City, or parts thereof, inconsistent with this ordinance or with any of the documents hereby approved are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as 276 6 reviving any bylaw, order, resolution or ordinance of the City, or part thereof, heretofore repealed. All rules of the Council, if any, which might prevent the final passage and adoption of this ordinance at this meeting of the Council be, and the same hereby are, suspended. Section 12.Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The City Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the City. Section 13. Interpretation. This Ordinance shall be so interpreted and construed as to effectuate its general purpose. Section 14. Charter Controls. Pursuant to Article XX of the State Constitution and the Charter, all State statutes that might otherwise apply in connection with the provisions of this Ordinance are hereby superseded to the extent of any inconsistencies or conflicts between the provisions of this Ordinance and the Sale Certificate authorized hereby and such statutes. Any such inconsistency or conflict is intended by the Council and shall be deemed made pursuant to the authority of Article XX of the State Constitution and the Charter. Section 15. Safety Clause. The Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the City, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Council further determines that this Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 16.Electronic Signatures. In the event the Mayor, City Clerk, City Manager, Finance Director or other employee or official of the City that is authorized or directed to execute any agreement, document, certificate, instrument or other paper in accordance with this Ordinance (collectively, the “Authorized Documents”) is not able to be physically present to manually sign any such Authorized Document, such individual or individuals are hereby authorized to execute Authorized Documents electronically via facsimile or email signature. Any electronic signature so affixed to any Authorized Document shall carry the full legal force and effect of any original, handwritten signature. This provision is made pursuant to Article 71.3 of Title 24, C.R.S., also known as the Uniform Electronic Transactions Act. Section 17. Publication. The City Clerk is ordered to publish this Ordinance in accordance with Article IV of the Charter. 277 7 Section 18. Effective Date. This Ordinance shall be effective thirty (30) days after final passage of the Ordinance upon second reading by the Council, as provided in Section 4.9 of the Charter. INTRODUCED, READ AND PASSED ON FIRST READING by the City Council of the City of Aspen at its regular meeting on September 8, 2020, as provided by the City’s Charter and applicable law. [SEAL] By: Torre, Mayor Attest: By: Nicole Henning, City Clerk READ, PASSED ON SECOND READING, FINALLY ADOPTED AND APPROVED AND ORDERED PUBLISHED WITHIN 10 DAYS OF SUCH FINAL PASSAGE by the City Council of the City of Aspen at its regular meeting on September 22, 2020, as provided by the City’s Charter and applicable law. [SEAL] By: Torre, Mayor Attest: By: Nicole Henning, City Clerk 278 8 STATE OF COLORADO ) ) COUNTY OF PITKIN )ss. ) CITY OF ASPEN ) I, Nicole Henning, the City Clerk of the City of Aspen, Colorado, do hereby certify that: 1.The foregoing pages are a true and correct copy of an ordinance (the “Ordinance”) passed and adopted by the City Council (the “Council”) at a regular meeting held on September 8, 2020. 2.The passage of the Ordinance on first reading on September 8, 2020, was duly moved and seconded and the Ordinance was approved by a vote of _____ to _____ of the members of the Council as follows: Name “Yes”“No”Absent Torre, Mayor Ward Hauenstein Skippy Mesirow Ann Mullins Rachael Richards 3.The passage of the Ordinance on second and final reading was duly moved and seconded at a regular meeting of the Council on September 22, 2020, and the Ordinance was approved on second and final reading by a vote of ___ to ___ of the members of the Council as follows: Name “Yes”“No”Absent Torre, Mayor Ward Hauenstein Skippy Mesirow Ann Mullins Rachael Richards 4.The members of the Council were present at such meetings and voted on the passage of such Ordinance as set forth above. 279 9 5.The Ordinance was authenticated by the signature of the Mayor, sealed with the City seal, attested by the City Clerk, and recorded in the minutes of the Council. 6.There are no bylaws, rules or regulations of the Council that might prohibit the adoption of the Ordinance. 7.Notices of the meetings of September 8, 2020 and September 22, 2020, in the forms attached hereto as Exhibit A were posted at the City Hall not less than 24 hours prior to each meeting in accordance with law. 8.The Ordinance was published in full on September __, 2020 after first reading, and published by title only on September __, 2020, after second reading, by posting on the City’s internet website, www.cityofaspen.com, as provided by Section 4.10(h) of the City’s Home Rule Charter. WITNESS my hand and the seal of the City affixed this ____ day of September, 2020. Nicole Henning, City Clerk (SEAL) 280 10 EXHIBIT A (Attach Notice of Meetings of September 8, 2020 and September 22, 2020) 281 AFTER RECORDATION PLEASE RETURN TO: Butler Snow LLP 1801 California Street, Suite 5100 Denver, Colorado 80202 Attention: Kimberley Crawford, Esq. Pursuant to Section 39-13-104(1)(j), Colorado Revised Statutes, this Site and Improvement Lease is exempt from the documentary fee. SITE LEASE AGREEMENT DATED AS OF [CLOSING DATE] BETWEEN CITY OF ASPEN,COLORADO, AS LESSOR AND ZIONS BANCORPORATION,NATIONAL ASSOCIATION, SOLELY IN ITS CAPACITY AS TRUSTEE UNDER THE INDENTURE, AS LESSEE 282 1 This SITE LEASE AGREEMENT, dated as of [closing date] (this “Site Lease”), is by and between the City of Aspen, Colorado, a home rule municipality duly organized and validly existing under the Constitution and laws of the State of Colorado (the “City”), as lessor, and Zions Bancorporation, National Association, Denver, Colorado, a national banking association duly organized and validly existing under the laws of the United States of America, solely in its capacity as trustee under the Indenture (the “Trustee”), as lessee. PREFACE Unless the context otherwise requires, capitalized terms used herein shall have the meanings ascribed to them herein and in the Lease Purchase Agreement, dated as of [closing date] (the “Lease”), between the Trustee, as lessor, and the City, as lessee. RECITALS 1.The City is a duly organized and existing home rule municipality of the State of Colorado, created and operating pursuant to Article XX of the Constitution of the State of Colorado and the home rule charter of the City (the “Charter”). 2.Pursuant to Section 10.8 of Article X of the Charter, the City is authorized to enter into one or more leases or lease-purchase agreements for land, buildings, equipment and other property for governmental or proprietary purposes. 3.For the purpose of financing the cost of acquiring certain property in the City known as the Isis Theater Condominiums (the “Prior 2020 Project”), there has previously been executed and delivered: a.A Special Warranty Deed dated as of February 15, 2007, conveying the Prior 2020 Project from CC Aspen, LLC, an Arizona limited liability company, to the Authority (the “Leased Property”); and b.A Lease Purchase Agreement dated as of February 1, 2007 (the “2007 Lease”), by and between the City, as lessee, and the City of Aspen Public Finance Authority, as Lessor (the “Authority”); and c.A Mortgage and Indenture of Trust dated as of February 1, 2007 (the “2007 Indenture”), by and between the Authority and The Bank of Cherry Creek, N.A. (now UMB Bank, n.a.), as Trustee (the “2007 Trustee”). 4.Pursuant to the 2007 Indenture, there were issued to investors the City of Aspen Public Facilities Authority Taxable Certificates of Participation (Isis Theater 2020 Project), Series 2007A (the “2007 Certificates”). 5.Pursuant to the 2007 Indenture, the 2007 Certificates are subject to redemption prior to maturity on any date on and after March 1, 2017, from moneys received by the 2007 Trustee from exercise of the City of its option to purchase the Leased Property. 6.Pursuant to the 2007 Lease, the City has the option to purchase the Leased Property and to cause the redemption of the 2007 Certificates. 7.The Leased Property now consists of a condominium unit currently subleased by the City to AspenFilm, f/k/a Independent Films, Inc. d/b/a AspenFilm (the “AspenFilm Sublease”). 8.The City Council of the City (the “Council”) has determined that it is in the best interests of the City and its inhabitants that the City exercise its option to acquire the Leased Property in order to 283 2 refinance the 2007 Certificates and to construct additional improvements to the Leased Property (collectively, the “2020 Project”). 9.The Council has determined that it is in the best interests of the City and its inhabitants to provide for the financing the 2020 Project by entering into this Site Lease and the Lease. 10.The City owns, in fee title, the Site (the “Site”) and the premises, buildings and improvements located thereon, (as more particularly described in Exhibit A attached hereto, the “Leased Property”). 11.To accomplish the 2020 Project, the Trustee will acquire a leasehold interest in the Site by leasing the Site from the City pursuant to this Site Lease and will lease the Site back to the City pursuant to the Lease. 12.The Trustee and the City intend that this Site Lease set forth their entire understanding and agreement regarding the terms and conditions upon which the Trustee is leasing the Leased Property from the City. 13.Contemporaneously with the execution and delivery of this Site Lease and the Lease, the Trustee will execute and deliver an Indenture of Trust (the “Indenture”) pursuant to which there is expected to be executed and delivered certain certificates of participation (the “Certificates”) dated as of their date of delivery that will evidence proportionate interests in the right to receive certain revenues as provided in the Indenture, will be payable solely from the sources therein provided, and will not directly or indirectly obligate the City to make any payments beyond those appropriated for any fiscal year during which the Lease shall be in effect. 14.The proceeds of the Certificates will be utilized for the 2020 Project as well as for the payment of the costs of execution and delivery of the Certificates. 15.The City proposes to enter into this Site Lease with the Trustee as material consideration for the Trustee’s agreement to lease the Leased Property to the City pursuant to the Lease. The Trustee shall pay in full its rental payment due under this Site Lease on the date hereof which rental payment shall be used by the City to effect the 2020 Project, all pursuant to this Site Lease, the Lease and the Indenture. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: Section 1.Site Lease and Terms. The City hereby demises and leases to the Trustee and the Trustee hereby leases from the City, on the terms and conditions hereinafter set forth, the Leased Property, subject to Permitted Encumbrances as described in Exhibit B hereto. The term of this Site Lease shall commence on the date hereof and shall end on December 31, [2047] (the “Site Lease Termination Date”), unless such term is sooner terminated as hereinafter provided. If, prior to the Site Lease Termination Date, the Trustee has transferred and conveyed the Trustee’s leasehold interest in all of the Leased Property pursuant to Article 12 of the Lease as a result of the City’s payment of (a) the applicable Purchase Option Price thereunder; or (b) all Base Rentals and Additional Rentals, all as further provided in Section 12.2 of the Lease, then the term of this Site Lease shall end in connection with such transfer and conveyance. The term of any sublease of the Leased Property or any portion thereof, or any assignment of the Trustee’s interest in this Site Lease, pursuant to Section 5 hereof, the Lease and the Indenture, shall not extend beyond December 31, [2047]. At the end of the term of this Site Lease, all right, title and interest 284 3 of the Trustee, or any sublessee or assignee, in and to the Leased Property, shall terminate. Upon such termination, the Trustee and any sublessee or assignee shall execute and deliver to the City any necessary documents releasing, assigning, transferring and conveying the Trustee’s, sublessee’s or assignee’s respective interests in the Leased Property. Section 2.Rental. The City acknowledges that the following amount of $_________ constitutes full and adequate consideration for conveyance of the leasehold interest in the Site conveyed to the Trustee pursuant to this Site Lease: (1) there has been deposited to the Construction Fund $________ in order to finance the 2020 Project, which will be leased to the City pursuant to the Lease and (2) there has been deposited to the Costs of Execution and Delivery Fund the amount of $________ to pay the Costs of Execution and Delivery. The estimated useful life of the 2020 Project exceeds the maximum term of this Site Lease. Section 3.Purpose. The Trustee shall use the Leased Property solely for the purpose of leasing the Leased Property back to the City pursuant to the Lease and for such purposes as may be incidental thereto; provided, that upon the occurrence of an Event of Nonappropriation or an Event of Lease Default and the termination of the Lease, the City shall vacate the Leased Property, as provided in the Lease, and the Trustee may exercise the remedies provided in this Site Lease, the Lease and the Indenture. Section 4.Owner in Fee. The City represents that (a) it is the owner in fee of the Leased Property, subject only to Permitted Encumbrances as described in Exhibit B hereto, and (b) the Permitted Encumbrances do not and shall not interfere in any material way with the Leased Property. The Trustee acknowledges that it is only obtaining a leasehold interest in the Leased Property and pursuant to this Site Lease. Section 5.Sales, Assignments and Subleases. Unless an Event of Nonappropriation or an Event of Lease Default shall have occurred and except as may otherwise be provided in the Lease, the Trustee may not sell or assign its rights and interests under this Site Lease or sublet all or any portion of the Leased Property, without the written consent of the City. In the event that (a) the Lease is terminated for any reason and (b) this Site Lease is not terminated, the Trustee may sublease the Leased Property or any portion thereof, or sell or assign the Trustee’s leasehold interests in this Site Lease, pursuant to the terms of the Lease and the Indenture, and any purchasers from or sublessees or assignees of the Trustee may sell or assign its respective interests in the Leased Property, subject to the terms of this Site Lease, the Lease and the Indenture. The City and the Trustee (or any purchasers from or assignees or sublessees of the Trustee) agree that, except as permitted by this Site Lease, the Lease and the Indenture and except for Permitted Encumbrances (including purchase options under the Lease), neither the City, the Trustee, nor any purchasers from or sublessees or assignees of the Trustee will sell, mortgage or encumber the Leased Property or any portion thereof during the term of this Site Lease. The Trustee and any other person who has the right to use the Leased Property under this Site Lease, at its own expense, may install equipment and other personal property in or on any portion of the Leased Property unless it is permanently affixed to the Leased Property or removal of it would materially damage the Leased Property, in which case it will become part of the Leased Property. Section 6.Right of Entry. To the extent that the Lease is terminated and this Site Lease is still in effect, the City reserves the right for any of its duly authorized representatives to enter upon the Leased Property at any reasonable time to inspect the same or to make any repairs, improvements or changes necessary for the preservation thereof. 285 4 Section 7.Termination. The Trustee agrees, upon the termination of this Site Lease, to quit and surrender all of the Leased Property, and agrees that any permanent improvements and structures existing upon the Leased Property at the time of the termination of this Site Lease shall remain thereon. Section 8.Default. In the event the Trustee shall be in default in the performance of any obligation on its part to be performed under the terms of this Site Lease, which default continues for 30 days following notice and demand for correction thereof to the Trustee, the City may exercise any and all remedies granted by law, except that no merger of this Site Lease and of the Lease shall be deemed to occur as a result thereof and that so long as any Certificates are Outstanding and unpaid under the Indenture, the Base Rentals due under the Lease shall continue to be paid to the Trustee except as otherwise provided in the Lease. In addition, so long as any of the Certificates are Outstanding, this Site Lease shall not be terminated except as described in Section 1 hereof. Section 9.Quiet Enjoyment and Acknowledgment of Ownership. The Trustee at all times during the term of this Site Lease shall peaceably and quietly have, hold and enjoy the Leased Property, subject to the provisions of the Lease and the Indenture, and the City hereby acknowledges that the Trustee shall have a leasehold interest in all improvements or additions to be built on the Leased Property subject to this Site Lease, the Lease and the Indenture. Section 10.Trustee’s Disclaimer. It is expressly understood and agreed that (a) this Site Lease is executed by Zions Bancorporation, National Association, solely in its capacity as Trustee under the Indenture, and (b) nothing herein shall be construed as creating any liability on Zions Bancorporation, National Association, other than in its capacity as Trustee under the Indenture. All financial obligations of the Trustee under this Site Lease, except those resulting from its willful misconduct or negligence, are limited to the Trust Estate. Section 11.Taxes; Maintenance; Insurance. During the Lease Term of the Lease and in accordance with the provisions of the Lease, including Sections 9.1 and 9.3 thereof, the City covenants and agrees to pay any and all taxes, assessments or governmental charges due in respect of the Leased Property and all maintenance costs and utility charges in connection with the Leased Property. In the event that (a) the Lease is terminated for any reason, (b) this Site Lease is not terminated, and (c) the Trustee subleases all or any portion of the Leased Property or sells or assigns its interests in this Site Lease, the Trustee, or any purchaser, sublessee or assignee of the Leased Property (including the leasehold interests of the Trustee resulting from this Site Lease) shall pay or cause to be paid when due, all such taxes, assessments or governmental charges and maintain the Leased Property in good condition and working order. Any such payments that are to be made by the Trustee shall be made solely from (a) the proceeds of such sale, subleasing or assignment, (b) from the Trust Estate, or (c) from other moneys furnished to the Trustee under Section 8.02(m) of the Indenture, and in the absence of available moneys identified in the preceding clauses (a) through (c), the Trustee shall be under no obligation to pay or cause to be paid when due, all such taxes, assessments or governmental charges and maintain the Leased Property in good condition and working order. The provisions of the Lease shall govern with respect to the maintenance of insurance hereunder during the Lease Term of the Lease. In the event that (a) the Lease is terminated for any reason, and (b) this Site Lease is not terminated, the Trustee, or any sublessee, purchaser or assignee of the Leased Property shall obtain and keep in force, (i) commercial general liability insurance against claims for personal injury, death or damage to property of others occurring on or in the Leased Property in an amount not less than the limitations provided in the Colorado Governmental Immunity Act (Article 10, Title 24, Colorado Revised Statutes, as heretofore or hereafter amended), and (ii) property insurance in an amount not less than the full replacement value of the Leased Property. Any such insurance that is to be obtained by the Trustee shall be paid for solely from (a) the proceeds of such sale, subleasing or assignment, (b) from the Trust Estate, 286 5 including without limitation moneys (including any amounts under a Qualified Surety Bond) on deposit in the Reserve Fund, or (c)fromother moneys furnished to the Trustee under Section 8.02(m) of the Indenture. All such insurance shall name the Trustee, any sublessee, purchaser or assignee and the City as insured. The Trustee shall be named loss payee. The City and the Trustee shall waiveany rights of subrogation with respect to the Trustee, any sublessee, purchaser or assignee, and the City, and their members, directors, officers, agents and employees, while acting within the scope of their employment and each such insurance policy shall contain such a waiver of subrogation by the issuer of such policy. Nothing in the preceding paragraphs or in this Site Lease shall be interpreted or construed to require the Trustee to sublease all or any portion of the Leased Property or sell or assign its interests in this Site Lease, in the event that the Lease is terminated for any reason and this Site Lease is not terminated. Section 12.Damage, Destruction or Condemnation. The provisions of the Lease shall govern with respect to any damage, destruction or condemnation of the Leased Property during the Lease Term of the Lease. In the event that (a) the Lease is terminated for any reason and (b) this Site Lease is not terminated, and either (i) the Leased Property or any portion thereof is damaged or destroyed, in whole or in part, by fire or other casualty, or (ii) title to or use of the Leased Property or any part thereof shall be taken under the exercise of the power of eminent domain, the City and the Trustee, or any sublessee, purchaser or assignee of the Leased Property from the Trustee shall cause the Net Proceeds of any insurance claim or condemnation award to be applied in accordance with the provisions of Article 10 of the Lease. Section 13.Hazardous Substances. Except for customary materials necessary for operation, cleaning and maintenance of the Leased Property, none of the City, the Trustee or any sublessee, purchaser or assignee of the Leased Property from the Trustee shall cause or permit any Hazardous Substance to be brought upon, generated at, stored or kept or used in or about the Leased Property without prior written notice to the City and the Trustee and all Hazardous Substances, including customary materials necessary for construction, operation, cleaning and maintenance of the Leased Property, will be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Substance so brought upon or used or kept on or about the Leased Property, provided unless the Trustee has exercised its right to take possession of the Leased Property after the occurrence and continuance of an Event of Lease Default, the Trustee shall have no responsibility under this Section to monitor or investigate whether the Leased Property complies with environmental laws or is subject to any Hazardous Substance. If the presence of Hazardous Substance on the Leased Property caused or permitted by the City, the Trustee or any sublessee, purchaser or assignee of the Leased Property from the Trustee, as the case may be, results in contamination of the Leased Property, or if contamination of the Leased Property by Hazardous Substance otherwise occurs for which the City, the Trustee or any sublessee or assignee of the Leased Property, as the case may be, is legally liable for damage resulting therefrom, then the City, the Trustee or any sublessee, purchaser or assignee of the Leased Property from the Trustee, as the case may be, shall reimburse the other party for its reasonable and necessary legal expenses to defend the parties hereto or assignees hereof that have not caused or permitted such contamination and are not so legally liable with respect to this Site Lease from claims for damages, penalties, fines, costs, liabilities or losses; provided that the cost of such defense, (a) in the case of the Trustee, shall be payable solely from the Trust Estate, or (b) in the case of the City, shall be payable only if the cost of such defense has been annually appropriated by the City. This duty to reimburse legal expenses is not an indemnification. It is expressly understood that none of the City, the Trustee or any sublessee, purchaser or assignee is indemnifying any other person with respect to this Site Lease. Without limiting the foregoing, if the presence of any Hazardous Substance on the Leased Property caused or permitted by: (a)the Trustee after the Trustee has exercised its right to take possession of the Leased Property after the occurrence and continuance of an Event of Lease Default, or any sublessee, purchaser or assignee of the Leased Property from the Trustee, as the case may be, results in any 287 6 contamination of the Leased Property, the Trustee or any sublessee, purchaser or assignee of the Leased Property from the Trustee, as the case may be, shall provide prior written notice to the City and the Trustee and promptly take all actions, solely at the expense of the Trust Estate as are necessary to effect remediation of the contamination in accordance with legal requirements; or (b)the City, results in any contamination of the Leased Property, the City shall provide prior written notice to the Trustee and promptly take all actions, solely at the expense of the City, which expenses shall constitute Additional Rentals, as are necessary to effect remediation of the contamination in accordance with legal requirements. Section 14.Third Party Beneficiaries. It is expressly understood and agreed that the Owners of the outstanding Certificates are third party beneficiaries to this Site Lease and enforcement of the terms and conditions of this Site Lease, and all rights of action relating to such enforcement, shall be strictly reserved to the City, as Lessor, and the Trustee, as Lessee, and their respective successors and assigns, and to the Owners of the Certificates. Except as hereinafter provided, nothing contained in this Site Lease shall give or allow any such claim or right of action by any other or third person on this Site Lease. It is the express intention of the City and the Trustee that any person other than the City, the Trustee or the Owners of the Certificates receiving services or benefits under this Site Lease shall be deemed to be an incidental beneficiary only. Section 15.Partial Invalidity. If any one or more of the terms, provisions, covenants or conditions of this Site Lease shall to any extent be declared invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, the finding or order or decree of which becomes final, none of the remaining terms, provisions, covenants and conditions of this Site Lease shall be affected thereby, and each provision of this Site Lease shall be valid and enforceable to the fullest extent permitted by law. Section 16.No Merger. The City and the Trustee intend that the legal doctrine of merger shall have no application to this Site Lease and that neither the execution and delivery of the Lease by the Trustee and the City nor the exercise of any remedies under this Site Lease or the Lease shall operate to terminate or extinguish this Site Lease or the Lease, except as specifically provided herein and therein. Section 17.Amendments. This Site Lease may only be amended, changed, modified or altered as provided in the Indenture. Section 18.Notices. All notices, statements, demands, consents, approvals, authorizations, offers, designations, requests or other communications hereunder by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if delivered personally or if mailed shall be made by United States registered mail, return receipt requested, postage prepaid, at the addresses indicated in the Lease, or to such other addresses as the respective parties may from time to time designate in writing, or in such other manner as authorized by the City or the Trustee, as the case may be. Section 19.Recitals. The Recitals set forth in this Site Lease are hereby incorporated by reference and made a part of this Site Lease. Section 20.Section Headings. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Site Lease. Section 21.Execution. This Site Lease may be executed in any number of counterparts, each of which shall be deemed to be an original but all together shall constitute but one and the same Site Lease. 288 7 Section 22.Governing Law. This Site Lease shall be governed by and construed in accordance with the State of Colorado without regard to choice of law analysis. Section 23.No Waiver of Governmental Immunity. No provision of this Site Lease shall act or be deemed to be a waiver by the City of the Colorado Governmental Immunity Act, C.R.S. §24-10-101, et seq. Section 24.Electronic Transactions. The parties hereto agree that the transactions described herein may be conducted and related documents may be stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law. IN WITNESS WHEREOF, the City and the Trustee have caused this Site Lease to be executed by their respective officers thereunto duly authorized, all as of the day and year first above written. CITY OF ASPEN, COLORADO, as Lessee By: Torre, Mayor ZIONS BANCORPORATION, NATIONAL ASSOCIATION, solely in its capacity of Trustee under the Indenture, as Lessor By: Neil B. Witoff, Vice President Zions Bank Division (SEAL) Attest: By: Nicole Henning, City Clerk 289 8 STATE OF COLORADO ) ) COUNTY OF PITKIN ) ss. ) CITY OF ASPEN ) The foregoing instrument was acknowledged before me this _____ day of __________, 2020, by Torre and Nicole Henning, as Mayor and City Clerk, respectively, of the City of Aspen, Colorado. WITNESS my hand and official seal. Notary Public (SEAL) * * * * * * * * * * * * * * * * * * STATE OF COLORADO ) )ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this _____ day of __________, 2020, by Neil B. Witoff, as Vice President of Zions Bancorporation, National Association, as Trustee. Notary Public (SEAL) 290 A - 1 EXHIBIT A DESCRIPTION OF THE LEASED PROPERTY The Leased Property consists of the real property and the buildings and improvements located thereon as set forth below, as amended from time to time. Site: 291 B - 1 EXHIBIT B PERMITTED ENCUMBRANCES “Permitted Encumbrances” means, as of any particular time: (a) liens for taxes and assessments not then delinquent, or liens which may remain unpaid pending contest pursuant to the provisions of the Lease; (b) this Site Lease, the Lease, the Indenture and any related fixture filing and any liens arising or granted pursuant to the Lease or the Indenture; (c) utility, access and other easements and rights of way, licenses, permits, party wall and other agreements, restrictions and exceptions which the Mayor or the City Representative certifies will not materially interfere with or materially impair the Leased Property, including rights or privileges in the nature of easements, licenses, permits and agreements as provided in the Lease; and (d) the easements, covenants, restrictions, liens and encumbrances (if any) to which title to the Leased Property was subject when leased to the Trustee pursuant to this Site Lease, as shown below and which do not interfere in any material way with the Leased Property. The easements, covenants, restrictions, liens and encumbrances (if any) to which title to the Leased Property was subject when leased to the Trustee pursuant to this Site Lease are as follows: 1)Liens for ad valorem taxes and special assessments not then delinquent, if applicable. 2)This Site Lease. 3)The Lease. 4)All other encumbrances appearing of record on the date hereof. 292 AFTER RECORDATION PLEASE RETURN TO: Butler Snow LLP 1801 California Street, Suite 5100 Denver, Colorado 80202 Attention: Kimberley Crawford, Esq. Pursuant to Section 39-13-104(1)(j), Colorado Revised Statutes, this Lease Purchase Agreement is exempt from the documentary fee. LEASE PURCHASE AGREEMENT DATED AS OF [CLOSING DATE] BETWEEN ZIONS BANCORPORATION,NATIONAL ASSOCIATION, SOLELY IN ITS CAPACITY AS TRUSTEE UNDER THE INDENTURE, AS LESSOR AND CITY OF ASPEN,COLORADO, AS LESSEE 293 i This Table of Contents is not a part of this Lease and is only for convenience of reference. TABLE OF CONTENTS ARTICLE 1 DEFINITIONS........................................................................................................... 4 Section 1.1 Certain Funds and Accounts.................................................................................. 4 Section 1.2 Definitions............................................................................................................. 4 ARTICLE 2 REPRESENTATIONS AND COVENANTS............................................................ 9 Section 2.1 Representations and Covenants of the City........................................................... 9 Section 2.2 Representations and Covenants of the Trustee.................................................... 10 Section 2.3 Nature of Lease ................................................................................................... 11 Section 2.4 City Acknowledgement of Certain Matters......................................................... 11 Section 2.5 Relationship of City and Trustee......................................................................... 11 ARTICLE 3 LEASE OF THE LEASED PROPERTY................................................................. 13 ARTICLE 4 LEASE TERM......................................................................................................... 14 Section 4.1 Duration of Lease Term ...................................................................................... 14 Section 4.2 Termination of Lease Term................................................................................. 15 ARTICLE 5 ENJOYMENT OF THE LEASED PROPERTY..................................................... 16 Section 5.1 Trustee’s Covenant of Quiet Enjoyment............................................................. 16 Section 5.2 City’s Need for the Leased Property; Determinations as to Fair Value and Fair Purchase Price ..................................................................................................... 16 ARTICLE 6 PAYMENTS BY THE CITY .................................................................................. 17 Section 6.1 Payments to Constitute Currently Budgeted Expenditures of the City............... 17 Section 6.2 Base Rentals, Purchase Option Price and Additional Rentals............................. 17 Section 6.3 Manner of Payment............................................................................................. 18 Section 6.4 Nonappropriation................................................................................................. 19 Section 6.5 Holdover Tenant.................................................................................................. 20 Section 6.6 Prohibition of Adverse Budget or Appropriation Modifications ........................ 21 ARTICLE 7 LEASING OF THE SITE; TITLE INSURANCE................................................... 22 Section 7.1 Leasing of the Site; Title Insurance..................................................................... 22 ARTICLE 8 TITLE TO LEASED PROPERTY; LIMITATIONS ON ENCUMBRANCES...... 23 Section 8.1 Title to the Leased Property ................................................................................ 23 Section 8.2 No Encumbrance, Mortgage or Pledge of the Leased Property.......................... 23 ARTICLE 9 MAINTENANCE; TAXES; INSURANCE AND OTHER CHARGES................. 24 Section 9.1 Maintenance of the Leased Property by the City................................................ 24 Section 9.2 Modification of the Leased Property; Installation of Furnishings and Machinery of the City............................................................................................................ 24 Section 9.3 Taxes, Other Governmental Charges and Utility Charges.................................. 24 Section 9.4 Provisions for Liability and Property Insurance.................................................. 25 294 ii Section 9.5 Advances............................................................................................................. 26 Section 9.6 Granting of Easements ........................................................................................ 26 ARTICLE 10 DAMAGE, DESTRUCTION AND CONDEMNATION; USE OF NET PROCEEDS.................................................................................................................................. 27 Section 10.1 Damage, Destruction and Condemnation............................................................ 27 Section 10.2 Obligation to Repair and Replace the Leased Property ...................................... 27 Section 10.3 Insufficiency of Net Proceeds ............................................................................. 28 Section 10.4 Cooperation of the Trustee.................................................................................. 29 ARTICLE 11 DISCLAIMER OF WARRANTIES; OTHER COVENANTS............................. 30 Section 11.1 Disclaimer of Warranties..................................................................................... 30 Section 11.2 Further Assurances and Corrective Instruments ................................................. 30 Section 11.3 Compliance with Requirements .......................................................................... 30 Section 11.4 Release and Substitution of Leased Property...................................................... 30 Section 11.5 Covenant to Reimburse Legal Expenses............................................................. 31 Section 11.6 Access to the Leased Property; Rights to Inspect Books.................................... 31 ARTICLE 12 PURCHASE OPTION........................................................................................... 32 Section 12.1 Purchase Option .................................................................................................. 32 Section 12.2 Conditions for Purchase Option.......................................................................... 32 Section 12.3 Manner of Conveyance ....................................................................................... 32 ARTICLE 13 ASSIGNMENT AND SUBLEASING.................................................................. 34 Section 13.1 Assignment by the Trustee; Replacement of the Trustee.................................... 34 Section 13.2 Assignment and Subleasing by the City.............................................................. 34 ARTICLE 14 EVENTS OF LEASE DEFAULT AND REMEDIES........................................... 35 Section 14.1 Events of Lease Default Defined......................................................................... 35 Section 14.2 Remedies on Default........................................................................................... 35 Section 14.3 Limitations on Remedies..................................................................................... 36 Section 14.4 No Remedy Exclusive......................................................................................... 37 Section 14.5 Waivers................................................................................................................ 37 Section 14.6 Agreement to Pay Attorneys’ Fees and Expenses............................................... 37 Section 14.7 Waiver of Appraisement, Valuation, Stay, Extension and Redemption Laws.... 37 ARTICLE 15 MISCELLANEOUS.............................................................................................. 38 Section 15.1 Sovereign Powers of City.................................................................................... 38 Section 15.2 Notices................................................................................................................. 38 Section 15.3 Third Party Beneficiaries..................................................................................... 38 Section 15.4 Binding Effect ..................................................................................................... 39 Section 15.5 Amendments........................................................................................................ 39 Section 15.6 Amounts Remaining in Funds............................................................................. 39 Section 15.7 Triple Net Lease.................................................................................................. 39 Section 15.8 Computation of Time .......................................................................................... 39 Section 15.9 Payments Due on Holidays ................................................................................. 39 Section 15.10 Severability........................................................................................................ 39 Section 15.11 Execution in Counterparts................................................................................. 40 295 iii Section 15.12 Applicable Law................................................................................................. 40 Section 15.13 The Trustee is Independent of the City............................................................. 40 Section 15.14 Governmental Immunity................................................................................... 40 Section 15.15 Recitals.............................................................................................................. 40 Section 15.16 Captions............................................................................................................. 40 Section 15.17 Trustee’s Disclaimer ......................................................................................... 40 Section 15.18 Electronic Transactions..................................................................................... 40 EXHIBIT A DESCRIPTION OF LEASED PROPERTY.......................................................A-1 EXHIBIT B PERMITTED ENCUMBRANCES.....................................................................B-1 EXHIBIT C BASE RENTALS SCHEDULE ..........................................................................C-1 EXHIBIT D FORM OF NOTICE OF LEASE RENEWAL...................................................D-1 296 1 This LEASE PURCHASE AGREEMENT, dated as of [closing date] (this “Lease”), is by and between ZIONS BANCORPORATION, NATIONAL ASSOCIATION, Denver, Colorado, a national banking association duly organized and validly existing under the laws of the United States of America, solely in its capacity as trustee under the Indenture (the “Trustee”), as lessor, and the CITY OF ASPEN, COLORADO, a Colorado home rule municipality duly organized and existing under the Constitution and laws of the State of Colorado (the “City”), as lessee. RECITALS 1.All capitalized terms used in these Recitals and not otherwise defined shall have the meanings given to them in the Section 1.2 hereof, unless the context otherwise requires. 2.The City is a duly organized and existing home rule municipality of the State of Colorado, created and operating pursuant to Article XX of the Constitution of the State of Colorado and the home rule charter of the City (the “Charter”). 3.Pursuant to Section 10.8 of Article X of the Charter, the City is authorized to enter into one or more leases or lease-purchase agreements for land, buildings, equipment and other property for governmental or proprietary purposes. 4.For the purpose of financing the cost of acquiring certain property in the City known as the Isis Theater Condominiums (the “Prior 2020 Project”), there has previously been executed and delivered: a.A Special Warranty Deed dated as of February 15, 2007, conveying the Prior 2020 Project from CC Aspen, LLC, an Arizona limited liability company, to the Authority (the “Leased Property”); and b.A Lease Purchase Agreement dated as of February 1, 2007 (the “2007 Lease”), by and between the City, as lessee, and the City of Aspen Public Finance Authority, as Lessor (the “Authority”); and c.A Mortgage and Indenture of Trust dated as of February 1, 2007 (the “2007 Indenture”), by and between the Authority and The Bank of Cherry Creek, N.A. (now UMB Bank, n.a.), as Trustee (the “2007 Trustee”). 5.Pursuant to the 2007 Indenture, there were issued to investors the City of Aspen Public Facilities Authority Taxable Certificates of Participation (Isis Theater 2020 Project), Series 2007A (the “2007 Certificates”). 6.Pursuant to the 2007 Indenture, the 2007 Certificates are subject to redemption prior to maturity on any date on and after March 1, 2017, from moneys received by the 2007 Trustee from exercise of the City of its option to purchase the Leased Property. 7.Pursuant to the 2007 Lease, the City has the option to purchase the Leased Property and to cause the redemption of the 2007 Certificates. 297 2 8.The Leased Property now consists of a condominium unit currently subleased by the City to AspenFilm, f/k/a Independent Films, Inc. d/b/a AspenFilm (the “AspenFilm Sublease”). 9.The City Council of the City (the “Council”) has determined that it is in the best interests of the City and its inhabitants that the City exercise its option to acquire the Leased Property in order to refinance the 2007 Certificates and to construct additional improvements to the Leased Property (collectively, the “2020 Project”). 10.The Council has determined that it is in the best interests of the City and its inhabitants to provide for the financing the 2020 Project by entering into this Site Lease and the Lease. 11.The City owns, in fee title, the Site (the “Site”) and the premises, buildings and improvements located thereon, (as more particularly described in Exhibit A attached hereto, the “Leased Property”). 12.To accomplish the 2020 Project, the Trustee will acquire a leasehold interest in the Site by leasing the Site from the City pursuant to the Site Lease and will lease the Site back to the City pursuant to the Lease. 13.The payment by the City of Base Rentals and Additional Rentals hereunder in any future Fiscal Year is subject to specific Appropriations and the renewal by the Council of this Lease for such future Fiscal Year. The Base Rentals and Additional Rentals payable by the City under this Lease shall constitute current expenditures of the City. 14.Neither this Lease nor the payment by the City of Base Rentals or Additional Rentals hereunder shall be deemed or construed as creating an indebtedness of the City within the meaning of any provision of the Colorado Constitution, the Charter or the laws of the State of Colorado, concerning or limiting the creation of indebtedness by the City (except as provided in Section 10.4 of the Charter concerning the limitation of City indebtedness to 20% of the assessed valuation of taxable property in the City), and shall not constitute a multiple fiscal year direct or indirect debt or other financial obligation of the City within the meaning of Article X, Section 20(4) of the Colorado Constitution or a mandatory charge or requirement against the City in any ensuing Fiscal Year beyond the then current Fiscal Year. The obligation of the City to pay Base Rentals and Additional Rentals hereunder shall be from year to year only, shall constitute currently budgeted expenditures of the City, shall not constitute a mandatory charge or requirement in any ensuing budget year, nor a mandatory payment obligation of the City in any ensuing Fiscal Year beyond any Fiscal Year during which this Lease shall be in effect. In the event that this Lease is not renewed, the sole security available to the Trustee, as lessor hereunder, shall be the Leased Property. 15.The Trustee is executing this Lease solely in its capacity as trustee under the Indenture, and subject to the terms, conditions and protections provided for therein. 16.The Trustee and the City intend that this Lease sets forth their entire understanding and agreement regarding the terms and conditions upon which the City is leasing the Leased Property from the Trustee. 298 3 NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the Trustee and the City agree as follows: 299 4 ARTICLE 1 DEFINITIONS Section 1.1 Certain Funds and Accounts. All references herein to any funds and accounts shall mean the funds and accounts so designated which are established under the Indenture. Section 1.2 Definitions. All capitalized terms used herein and not otherwise defined shall have the meanings given to them in the Indenture, unless the context otherwise requires. Capitalized terms used herein shall have the following meanings under this Lease: “Additional Certificates” means Additional Certificates which may be executed and delivered pursuant to the Indenture. “Additional Rentals” means the payment or cost of all: (a)(i) reasonable expenses and fees of the Trustee related to the performance or discharge of its responsibilities under the provisions of this Lease, the Site Lease or the Indenture, (ii) the cost of insurance premiums and insurance deductible amounts under any insurance policy reasonably deemed necessary by the Trustee to protect the Trustee from any liability under this Lease, approved by the City Representative, which approval shall not be unreasonably withheld, (iii) reasonable legal fees and expenses incurred by the Trustee to defend the Trust Estate or the Trustee from and against any legal claims, and (iv) reasonable expenses and fees of the Trustee incurred at the request of the City Representative; (b)taxes, assessments, insurance premiums, utility charges, maintenance, upkeep, repair and replacement with respect to the Leased Property and as otherwise required under this Lease; and (c)all other charges and costs (together with all interest and penalties that may accrue thereon in the event that the City shall fail to pay the same, as specifically set forth in this Lease) which the City agrees to assume or pay as Additional Rentals under this Lease. Additional Rentals shall not include Base Rentals. “Appropriation” means the action of the Council in annually making moneys available for all payments due under this Lease, including the payment of Base Rentals and Additional Rentals. “Approval of Special Counsel” means an opinion of Special Counsel to the effect that the matter proposed will not adversely affect the excludability from gross income for federal income tax purposes of the Interest Portion of the Base Rentals paid by the City under this Lease. “AspenFilm” means AspenFilm, f/k/a Independent Films, Inc. d/b/a AspenFilm. “AspenFilm Sublease” means the [insert name of revised sublease] between the City and AspenFilm. 300 5 “Base Rentals” means the rental payments payable by the City during the Lease Term, which constitute payments payable by the City for and in consideration of the right to possess and use the Leased Property as set forth in Exhibit C (Base Rentals Schedule) hereto. Base Rentals does not include Additional Rentals. “Base Rentals Payment Dates” means the Base Rentals Payment Dates set forth in Exhibit C (Base Rentals Schedule) hereto. “Business Day” means any day, other than a Saturday, Sunday or legal holiday or a day (a) on which banks located in Denver, Colorado, are required or authorized by law or executive order to close or (b) on which the Federal Reserve System is closed. “Certificates” means the “Certificates of Participation, Series 2020, evidencing Proportionate Interests in the Base Rentals and other Revenues under an annually renewable Lease Purchase Agreement dated as of [closing date], between Zions Bancorporation, National Association, solely in its capacity as trustee under the Indenture, as lessor, and the City of Aspen, Colorado, as lessee” dated as of their date of delivery, executed and delivered pursuant to the Indenture. “Charter” means the home rule charter of the City, and any amendments or supplements thereto. “City” means the City of Aspen, Colorado. “City Manager” means the City Manager of the City or his or her successor in function. “City Representative” means the Mayor, the City Manager or the Finance Director or such other person at the time designated to act on behalf of the City for the purpose of performing any act under this Lease, the Site Lease or the Indenture by a written certificate furnished to the Trustee containing the “Council” means the City Council of the City or any successor to its functions. “Counsel” means an attorney at law or law firm (who may be counsel for the Trustee) who is satisfactory to the City. “C.R.S.” means Colorado Revised Statutes. “Event(s) of Lease Default” means any event as defined in Section 14.1 of this Lease. “Event of Nonappropriation” means the termination and non-renewal of this Lease by the City, determined by the Council’s failure, for any reason, to appropriate by the last day of each Fiscal Year, (a) sufficient amounts to be used to pay Base Rentals due in the next Fiscal Year and (b) sufficient amounts to pay such Additional Rentals as are estimated to become due in the next Fiscal Year, as provided in Section 6.4 of this Lease. An Event of Nonappropriation may also occur under certain circumstances described in Section 9.3(c) of this Lease. The term also means a notice under this Lease of the City’s intention to not renew and therefore terminate this Lease or an event described in this Lease relating to the exercise by the City of its right to not appropriate 301 6 amounts due as Additional Rentals in excess of the amounts for which an Appropriation has been previously effected. “Finance Director” means the Finance Director of the City or his or her successor in functions, if any. “Fiscal Year” means the City’s fiscal year, which begins on January 1 of each calendar year and ends on December 31 of the same calendar year, or any other twelve month period which the City or other appropriate authority hereafter may establish as the City’s fiscal year. “Force Majeure” means, without limitation, the following: acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States of America, the State of Colorado or any of their departments, agencies or officials or any civil or military authority; insurrection; riots; landslides; earthquakes; fires; storms; droughts; floods; explosions; breakage or accidents to machinery, transmission pipes or canals; or any other cause or event not within the control of the City in its capacity as lessee hereunder or the Trustee. “Hazardous Substance” means and includes: (a) the terms “hazardous substance,” “release” and “removal” which, as used herein, shall have the same meaning and definition as set forth in paragraphs (14), (22) and (23), respectively, of Title 42 U.S.C. §9601 and in Colorado law, provided, however, that the term “hazardous substance” as used herein shall also include “hazardous waste” as defined in paragraph (5) of 42 U.S.C. §6903 and “petroleum” as defined in paragraph (8) of 42 U.S.C. §6991; (b) the term “superfund” as used herein means the Comprehensive Environmental Response, Compensation and Liability Act, as amended, being Title 42 U.S.C. §9601 et seq., as amended, and any similar State of Colorado statute or local ordinance applicable to the Leased Property, including, without limitation, Colorado rules and regulations promulgated, administered and enforced by any governmental agency or authority pursuant thereto; and (c) the term “underground storage tank” as used herein shall have the same meaning and definition as set forth in paragraph (1) of 42 U.S.C. §6991. “Indenture” means the Indenture of Trust, dated as of [closing date], entered into by the Trustee, as the same may be amended or supplemented. “Initial Term” means the period which commences on the date of delivery of this Lease and terminates on December 31, 2020. “Interest Portion” means the portion of each Base Rentals payment that represents the payment of interest set forth in Exhibit C (Base Rentals Schedule) hereto. “Lease” means this Lease Purchase Agreement, dated as of [closing date], between the Trustee, as lessor, and the City, as lessee, as the same may hereafter be amended. “Lease Remedy” or “Lease Remedies” means any or all remedial steps provided in this Lease whenever an Event of Lease Default or an Event of Nonappropriation has happened and is continuing, which may be exercised by the Trustee as provided in this Lease and in the Indenture. 302 7 “Lease Term” means the Initial Term and any Renewal Terms as to which the City may exercise its option to renew this Lease by effecting an Appropriation of funds for the payment of Base Rentals and Additional Rentals hereunder, as provided in and subject to the provisions of this Lease. “Lease Term” refers to the time during which the City is the lessee of the Leased Property under this Lease. “Leased Property” means the Site and the premises, buildings and improvements situated thereon, including all fixtures attached thereto, as more particularly described in Exhibit A to this Lease, together with any and all additions and modifications thereto and replacements thereof, including, without limitation, the easements, rights of way, covenants and other rights set forth in the documents listed on Exhibit B attached hereto. “Net Proceeds” means the proceeds of any performance or payment bond, or proceeds of insurance, including self-insurance, required by this Lease or proceeds from any condemnation award, or proceeds derived from the exercise of any Lease Remedy or otherwise following termination of this Lease by reason of an Event of Nonappropriation or an Event of Lease Default, allocable to the Leased Property, less (a) all related expenses (including, without limitation, attorney’s fees and costs) incurred in the collection of such proceeds or award; and (b) all other related fees, expenses and payments due to the City and the Trustee. “Owners” means the registered owners of any Certificates. “Permitted Encumbrances” with respect to the Leased Property, means, as of any particular time: (a) liens for taxes and assessments not then delinquent, or liens which may remain unpaid pending contest pursuant to the provisions of this Lease; (b) the Site Lease, this Lease, the Indenture and any related fixture filing and any liens arising or granted pursuant to the Site Lease, this Lease or the Indenture; (c) utility, access and other easements and rights of way, licenses, permits, party wall and other agreements, restrictions and exceptions which the City Representative certifies will not materially interfere with or materially impair the Leased Property, including rights or privileges in the nature of easements, licenses, permits and agreements as provided in this Lease or other Project Contracts; (d) any sublease of the Leased Property that are permitted pursuant to the terms and provisions of Section 13.2 hereof; and (e) the easements, covenants, restrictions, liens and encumbrances (if any) to which title to the Leased Property was subject when leased to the Trustee pursuant to the Site Lease, as shown on Exhibit B hereto and which the City Representative certifies do not and will not interfere in any material way with the intended use of the Leased Property. “Prepayment” means any amount paid by the City pursuant to the provisions of this Lease as a prepayment of the Base Rentals due hereunder. “Principal Portion” means the portion of each Base Rentals payment that represents the payment of principal set forth in Exhibit C (Base Rentals Schedule) hereto. “Project” means the payment in full of the purchase option price under the 2007 Lease and redemption of the 2007 Certificates, the costs of the construction of improvements to the Leased Property, and the costs of execution and delivery of the Lease, the Site Lease, the Indenture, and the Certificates. 303 8 “Purchase Option Price” means the amount payable on any date, at the option of the City, to prepay Base Rentals, terminate the Lease Term and purchase the Trustee’s leasehold interest in the Leased Property, as provided herein. “Renewal Term” means any portion of the Lease Term commencing on January 1 of any calendar year and terminating on or before December 31 of such calendar year as provided in Article 4 of this Lease. “Revenues” means (a) all amounts payable by or on behalf of the City or with respect to the Leased Property pursuant to this Lease including, but not limited to, all Base Rentals, Prepayments, the Purchase Option Price and Net Proceeds, but not including Additional Rentals; (b) any portion of the proceeds of the Certificates deposited into the Base Rentals Fund created under the Indenture; (c) any moneys which may be derived from any insurance in respect of the Certificates; and (d) any moneys and securities, including investment income, held by the Trustee in the Funds and Accounts established under the Indenture (except for moneys and securities held in any defeasance escrow account). “Site” means the real property owned by the City and leased by the City to the Trustee under the Site Lease and subleased by the Trustee to the City under this Lease, the legal description of which is set forth in Exhibit A hereto, or an amendment or supplement hereto. “Site Lease” means the Site Lease, dated as of [closing date], between the City, as lessor, and the Trustee, as lessee, as the same may hereafter be amended. “Special Counsel” means any counsel experienced in matters of municipal law and listed in the list of municipal bond attorneys, as published semiannually by The Bond Buyer, or any successor publication. So long as the Lease Term is in effect, the City shall have the right to select Special Counsel. “Trustee” means Zions Bancorporation, National Association, acting in the capacity of trustee pursuant to the Indenture, and any successor thereto appointed under the Indenture. “2007 Certificates”means the City of Aspen Public Facilities Authority Taxable Certificates of Participation (Isis Theater 2020 Project), Series 2007A. “2007 Lease”means the Lease Purchase Agreement dated as of February 1, 2007 (the “2007 Lease”), by and between the City, as lessee, and the City of Aspen Public Finance Authority, as Lessor. 304 9 ARTICLE 2 REPRESENTATIONS AND COVENANTS Section 2.1 Representations and Covenants of the City. The City represents and covenants to the Trustee, to the extent allowed by law and subject to renewal of this Lease and Appropriation as set forth in Article 6 hereof as follows: (a)The City is a home rule municipal corporation duly organized and existing within the State under the Constitution and laws of the State and its Charter. The City is authorized to enter into this Lease and the Site Lease and to carry out its obligations under this Lease and the Site Lease. The City has duly authorized and approved the execution and delivery of this Lease, the Site Lease and all other documents related to the execution and delivery of this Lease and the Site Lease. (b)The City owns the Leased Property and the Trustee has a leasehold interest in the Leased Property pursuant to the Site Lease. (c)The leasing of the Leased Property to the Trustee pursuant to the Site Lease and the leasing or subleasing of the Leased Property from the Trustee, under the terms and conditions provided for in this Lease, and the implementation of the Project by the City, are necessary, convenient and in furtherance of the City’s governmental or proprietary purposes and are in the best interests of the citizens and inhabitants of the City. The City will apply the net proceeds derived from the proceeds of the Certificates to effectuate the Project. (d)Neither the execution and delivery of this Lease and the Site Lease, nor the fulfillment of or compliance with the terms and conditions of this Lease and the Site Lease, nor the consummation of the transactions contemplated hereby or thereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which the City is now a party or by which the City or its property is bound, or violates any statute, regulation, rule, order of any court having jurisdiction, judgment or administrative order applicable to the City, or constitutes a default under any of the foregoing, or results in the creation or imposition of any lien or encumbrance whatsoever upon any of the property or assets of the City, except for Permitted Encumbrances. (e)The City agrees that, except for non-renewal and nonappropriation as set forth in Article 6 hereof, if the City fails to perform any act which the City is required to perform under this Lease, the Trustee may, but shall not be obligated to, perform or cause to be performed such act, and any reasonable expense incurred by the Trustee in connection therewith shall be an obligation owing by the City (from moneys for which an Appropriation has been effected) to the Trustee shall be a part of Additional Rentals, and the Trustee shall be subrogated to all of the rights of the party receiving such payment. (f)There is no litigation or proceeding pending against the City affecting the right of the City to execute this Lease or the Site Lease or the ability of the City to make the payments required hereunder or to otherwise comply with the obligations contained herein, or which, if adversely determined, would, in the aggregate or in any case, materially 305 10 adversely affect the property, assets, financial condition or business of the City or materially impair the right or ability of the City to carry on its operations substantially as now conducted or anticipated to be conducted in the future. (g)Except for customary materials necessary for construction, operation, cleaning and maintenance of the Leased Property, the City shall not cause or permit any Hazardous Substance to be brought upon, generated at, stored or kept or used in or about the Leased Property without prior written notice to the Trustee, and all Hazardous Substances, including, customary materials necessary for construction, operation, cleaning and maintenance of the Leased Property, will be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Substance so brought upon or used or kept in or about the Leased Property. If the presence of any Hazardous Substance on the Leased Property caused or permitted by the City results in contamination of the Leased Property, or if contamination of the Leased Property by any Hazardous Substance otherwise occurs for which the City is legally liable for damage resulting therefrom, then the City shall include as an Additional Rental any amount necessary to reimburse the Trustee for legal expenses incurred to defend (to the extent that an Appropriation for the necessary moneys has been effected by the City) the Trustee from claims for damages, penalties, fines, costs, liabilities or losses. The reimbursement of the Trustee’s legal expenses is not an indemnification. It is expressly understood that the City is not indemnifying the Trustee and expenses of such defense shall constitute Additional Rentals. Without limiting the foregoing, if the presence of any Hazardous Substance on the Leased Property caused or permitted by the City results in any contamination of the Leased Property, the City shall provide prior written notice to the Trustee and promptly take all actions at its sole expense (which expenses shall constitute Additional Rentals) as are necessary to effect remediation of the contamination in accordance with legal requirements. Section 2.2 Representations and Covenants of the Trustee. The Trustee represents and covenants as follows: (a)So long as no Event of Indenture Default has occurred and is then continuing or existing, except as specifically provided in the Site Lease or this Lease or as necessary to transfer the Trust Estate to a successor Trustee, the Trustee shall not pledge or assign the Trustee’s right, title and interest in and to (i) this Lease or the Site Lease, (ii) the Base Rentals, other Revenues and collateral, security interests and attendant rights and obligations which may be derived under this Lease or the Site Lease and/or (iii) the Leased Property and any reversion therein or any of its or the Trustee’s other rights under this Lease or the Site Lease or assign, pledge, mortgage, encumber or grant a security interest in its or the Trustee’s right, title and interest in, to and under this Lease or the Site Lease or the Leased Property except for Permitted Encumbrances. (b)Neither the execution and delivery of this Lease and the Site Lease or the Indenture by the Trustee, nor the fulfillment of or compliance with the terms and conditions thereof and hereof, nor the consummation of the transactions contemplated thereby or hereby conflicts with or results in a breach of the terms, conditions and provisions of any 306 11 restriction or any agreement or instrument to which the Trustee is now a party or by which the Trustee is bound, or constitutes a default under any of the foregoing. (c)To the Trustee’s knowledge, there is no litigation or proceeding pending against the Trustee affecting the right of the Trustee to execute this Lease and the Site Lease or to execute the Indenture, and perform its obligations thereunder or hereunder, except such litigation or proceeding as has been disclosed in writing to the City on or prior to the date the Indenture is executed and delivered. Section 2.3 Nature of Lease. The City and the Trustee acknowledge and agree that the Base Rentals and Additional Rentals hereunder shall constitute currently budgeted and appropriated expenditures of the City and may be paid from any legally available funds. The City’s obligations under this Lease shall be subject to the City’s annual right to terminate this Lease (as further provided herein), and shall not constitute a mandatory charge or requirement in any ensuing Fiscal Year beyond the then current Fiscal Year. No provision of this Lease shall be construed or interpreted as creating a general obligation, multiple fiscal year financial obligation, or other indebtedness of the City within the meaning of any constitutional, Charter or statutory debt limitation (except as provided in Section 10.4 of the Charter concerning the limitation of City indebtedness to 20% of the assessed valuation of taxable property in the City). No provision of this Lease shall be construed or interpreted as creating an unlawful delegation of governmental powers nor as a donation by or a lending of the credit of the City within the meaning of Article XI, Sections 1 or 2 of the Colorado Constitution. Neither this Lease nor the execution and delivery of the Certificates shall directly or indirectly obligate the City to make any payments beyond those duly budgeted and appropriated for the City’s then current Fiscal Year. The City shall be under no obligation whatsoever to exercise its option to purchase the Trustee’s leasehold interest in the Leased Property. No provision of this Lease shall be construed to pledge or to create a lien on any class or source of City moneys, nor shall any provision of this Lease restrict the future issuance of any City bonds or obligations payable from any class or source of City moneys (provided, however, certain restrictions in the Indenture shall apply to the issuance of Additional Certificates). In the event that this Lease is not renewed by the City, the sole security available to the Trustee, as lessor hereunder, shall be the Leased Property. Section 2.4 City Acknowledgement of Certain Matters. The City acknowledges the Indenture and the execution and delivery by the Trustee of the Certificates pursuant to the Indenture. The City also acknowledges the Trustee’s authority to act on behalf of the Owners of the Certificates with respect to all rights, title and interests of the Trustee in, to and under this Lease, the Site Lease and the Leased Property. Section 2.5 Relationship of City and Trustee. The relationship of the City and the Trustee under this Lease is, and shall at all times remain, solely that of lessee and lessor; and the City neither undertakes nor assumes any responsibility or duty to the Trustee or to any third party with respect to the Trustee’s obligations relating to the Leased Property; and the Trustee does not undertake or assume any responsibility or duty to the City or to any third party with respect to the City’s obligations relating to the Leased Property. Notwithstanding any other provisions of this Lease: (a) the City and the Trustee are not, and do not intend to be construed to be, partners, joint ventures, members, alter egos, managers, controlling persons or other business associates or participants of any kind of either of the other, and the City and the Trustee do not intend to ever 307 12 assume such status; and (b) the City and the Trustee shall not be deemed responsible for, or a participant in, any acts, omissions or decisions of either of the other. 308 13 ARTICLE 3 LEASE OF THE LEASED PROPERTY The Trustee demises and leases the Leased Property to the City and the City leases the Leased Property from the Trustee, in accordance with the provisions of this Lease, subject only to Permitted Encumbrances, to have and to hold for the Lease Term. The City and the Trustee acknowledge that the City owns the Leased Property and the City has leased the Leased Property to the Trustee pursuant to the Site Lease; and the City and the Trustee intend that there be no merger of the City’s interests as sublessee under this Lease and the City’s ownership interest in the Leased Property so as to cause the cancellation of the Site Lease or this Lease, or an impairment of the leasehold and subleasehold interest intended to be created by the Site Lease and this Lease. 309 14 ARTICLE 4 LEASE TERM Section 4.1 Duration of Lease Term. The Lease Term shall commence as of the date hereof. The Initial Term shall terminate on December 31, 2020. This Lease may be renewed, solely at the option of the City, for ____ Renewal Terms, provided, however, that the Lease Term shall terminate no later than December 31, 204_, except that the Renewal Term beginning on January 1, 204_ shall terminate upon the City’s payment of the final Base Rental payment as set forth in Exhibit C. The City hereby finds that the maximum Lease Term hereunder does not exceed the weighted average useful life of the Leased Property. The City further determines and declares that the period during which the City has an option to purchase the Trustee’s leasehold interest in the Leased Property (i.e., the entire maximum Lease Term) does not exceed the useful life of the Leased Property. The Finance Director or other officer of the City at any time charged with the responsibility of formulating budget proposals for the City is hereby directed to include in the annual budget proposals submitted to the Council, in any year in which this Lease shall be in effect, items for all payments required for the ensuing Renewal Term under this Lease until such time, if any, as the City may determine to not renew and terminate this Lease. Notwithstanding this directive regarding the formulation of budget proposals, it is the intention of the City that any decision to effect an Appropriation for the Base Rentals and Additional Rentals shall be made solely by the Council in its absolute discretion and not by any other official of the City, as further provided in the following paragraph. During the Lease Term, the City shall in any event, whether or not the Lease is to be renewed, furnish the Trustee with copies of its annual budget promptly after the budget is adopted. The Trustee shall have no duty to examine the City’s annual budget. Not later than December 15 of the then current Initial Term or any Renewal Term the City Representative shall give written notice (in substantially the form set forth in Exhibit D attached hereto) to the Trustee that either: (a)the City has effected or intends to effect on a timely basis an Appropriation for the ensuing Fiscal Year which includes (1) sufficient amounts authorized and directed to be used to pay all of the Base Rentals and (2) sufficient amounts to pay such Additional Rentals as are estimated to become due, all as further provided in Sections 6.2, 6.3 and 6.4 of this Lease, whereupon, this Lease shall be renewed for the ensuing Fiscal Year; or (b)the City has determined, for any reason, not to renew this Lease for the ensuing Fiscal Year. Subjectto the provisions of Section 6.4(a) hereof, the failure to give such notice shall not constitute an Event of Lease Default, nor prevent the City from electing not to renew this Lease, nor result in any liability on the part of the City. The City’s option to renew or not to renew this Lease shall be conclusively determined by whether or not the applicable Appropriation has been made on or before December 31 of each Fiscal Year, all as further provided in Article 6 of this Lease. The terms and conditions hereof during any Renewal Term shall be the same as the terms and conditions hereof during the Initial Term, except that the Purchase Option Price and the Base Rentals shall be as provided in Article 12 and Exhibit C (Base Rentals Schedule) hereof. 310 15 Section 4.2 Termination of Lease Term. The Lease Term shall terminate upon the earliest of any of the following events: (a)the expiration of the Initial Term or any Renewal Term during which there occurs an Event of Nonappropriation pursuant to Section 4.1 and Article 6 of this Lease (provided that the Lease Term will not be deemed to have been terminated if the Event of Nonappropriation is cured as provided in Section 6.4 hereof); (b)the occurrence of an Event of Nonappropriation under this Lease (provided that the Lease Term will not be deemed to have been terminated if the Event of Nonappropriation is cured as provided in Section 6.4 hereof); (c)the conveyance of the Trustee’s leasehold interest in the Leased Property under this Lease to the City upon payment of the Purchase Option Price or all Base Rentals and Additional Rentals, for which an Appropriation has been effected by the City for such purpose, as provided in Section 12.2(a) or (b) of this Lease; or (d)an uncured Event of Lease Default and termination of this Lease under Article 14 of this Lease by the Trustee. Except for an event described in subparagraph (c) above, upon termination of this Lease, the City agrees to peacefully deliver possession of the Leased Property to the Trustee. Termination of the Lease Term shall terminate all unaccrued obligations of the City under this Lease, and shall terminate the City’s rights of possession under this Lease (except to the extent of the holdover provisions of Sections 6.5 and 14.2(c)(i) hereof, and except for any conveyance pursuant to Article 12 of this Lease). All obligations of the City accrued prior to such termination shall be continuing until the Trustee gives written notice to the City that such accrued obligations have been satisfied. Upon termination of the Lease Term any moneys received by the Trustee in excess of the amounts necessary to terminate and discharge the Indenture, shall be paid to the City. The City shall not have the right to terminate this Lease due to a default by the Trustee under this Lease. 311 16 ARTICLE 5 ENJOYMENT OF THE LEASED PROPERTY Section 5.1 Trustee’s Covenant of Quiet Enjoyment. The Trustee hereby covenants that the City shall, during the Lease Term, peaceably and quietly have, hold and enjoy the Leased Property without suit, trouble or hindrance from the Trustee. The Trustee shall not interfere with the quiet use and enjoyment of the Leased Property by the City during the Lease Term so long as no Event of Lease Default shall have occurred. The Trustee shall, at the request of the City and at the cost of the City, cooperate fully in any legal action in which the City asserts against third parties its right to such possession and enjoyment, or which involves the imposition of any taxes or other governmental charges on or in connection with the Leased Property. In addition, the City may at its own expense join in any legal action affecting its possession and enjoyment of the Leased Property and shall be joined in any action affecting its liabilities hereunder. The provisions of this Article 5 shall be subject to the Trustee’s right to inspect the Leased Property and the City’s books and records with respect thereto as provided in Section 11.6 hereof. Section 5.2 City’s Need for the Leased Property; Determinations as to Fair Value and Fair Purchase Price. The City has determined and hereby determines that it has a current need for the Leased Property. It is the present intention and expectation of the City that this Lease will be renewed annually until the Trustee’s interests in the Site Lease are released and unencumbered title to the Leased Property is acquired by the City pursuant to this Lease; but this declaration shall not be construed as contractually obligating or otherwise binding the City. The City has determined and hereby determines that the Base Rentals under this Lease during the Lease Term for the Leased Property represent the fair value of the use of the Leased Property and that the Purchase Option Price for the Leased Property will represent the fair purchase price of the Trustee’s leasehold interest in the Leased Property at the time of the exercise of the option. The City has determined and hereby determines that the Base Rentals do not exceed a reasonable amount so as to place the City under an economic compulsion to renew this Lease or to exercise its option to purchase the Trustee’s leasehold interest in the Leased Property hereunder. In making such determinations, the City has given consideration to the estimated current value of the Leased Property, the uses and purposes for which the Leased Property will be employed by the City, the benefit to the citizens and inhabitants of the City by reason of the use and occupancy of the Leased Property pursuant to the terms and provisions of this Lease, the City’s option to purchase the Trustee’s leasehold interest in the Leased Property and the expected eventual vesting of unencumbered title to the Leased Property in the City. The City hereby determines and declares that the period during which the City has an option to purchase the Trustee’s leasehold interest in the Leased Property (i.e., the entire maximum Lease Term for the Leased Property) does not exceed the weighted average useful life of the Leased Property. 312 17 ARTICLE 6 PAYMENTS BY THE CITY Section 6.1 Payments to Constitute Currently Budgeted Expenditures of the City. The City and the Trustee acknowledge and agree that the Base Rentals, Additional Rentals and any other obligations hereunder shall constitute currently budgeted expenditures of the City, if an Appropriation has been effected for such purpose. The City’s obligations to pay Base Rentals, Additional Rentals and any other obligations under this Lease shall be from year to year only (as further provided in Article 4 and Sections 6.2 and 6.4 hereof), shall extend only to moneys for which an Appropriation has been effected by the City, and shall not constitute a mandatory charge, requirement or liability in any ensuing Fiscal Year beyond the then current Fiscal Year. No provision of this Lease shall be construed or interpreted as a delegation of governmental powers or as creating a multiple fiscal year direct or indirect debt or other financial obligation whatsoever of the City or a general obligation or other indebtedness of the City within the meaning of any constitutional, Charter provision or statutory debt limitation, including without limitation Article X, Section 20 of the Colorado constitution (except as provided in Section 10.4 of the Charter concerning the limitation of City indebtedness to 20% of the assessed valuation of taxable property in the City). No provision of this Lease shall be construed or interpreted as creating an unlawful delegation of governmental powers nor as a donation by or a lending of the credit of the City within the meaning of Sections 1 or 2 of Article XI of the Constitution of the State. Neither this Lease nor the Certificates shall directly or indirectly obligate the City to make any payments beyond those for which an Appropriation has been effected by the City for the City’s then current Fiscal Year. The City shall be under no obligation whatsoever to exercise its option to purchase the Trustee’s leasehold interest in the Leased Property. No provision of this Lease shall be construed to pledge or to create a lien on any class or source of City moneys, nor shall any provision of this Lease restrict the future issuance of any City bonds or obligations payable from any class or source of City moneys (provided, however, that certain restrictions in the Indenture shall apply to the issuance of Additional Certificates). Section 6.2 Base Rentals, Purchase Option Price and Additional Rentals. (a)The City shall pay Base Rentals for which an Appropriation has been effected by the City, directly to the Trustee during the Initial Term and any Renewal Term, on the Base Rentals Payment Dates and in the “Total Base Rentals” amounts set forth in Exhibit C (Base Rentals Schedule) attached hereto and made a part hereof. A portion of each payment of Base Rentals for the Certificates is designated and will be paid as interest, and Exhibit C (Base Rentals Schedule) hereto sets forth the Interest Portion of each payment of Base Rentals for the Certificates. The City shall receive credit against its obligation to pay Base Rentals to the extent moneys are held by the Trustee on deposit in the Base Rentals Fund created under the Indenture and are available to pay Base Rentals. The City acknowledges that upon receipt by the Trustee of each payment of Base Rentals, the Trustee, pursuant to the terms of the Indenture, is to deposit the amount of such Base Rentals in the Base Rentals Fund. The Base Rentals set forth in Exhibit C shall be recalculated in the event of the execution and delivery of Additional Certificates as provided in the Indenture and shall 313 18 also be recalculated in the event of a partial redemption of the Certificates. In such event the City Representative shall provide the Trustee with a revised Base Rentals Schedule. (b)The City may, on any date, pay the then applicable Purchase Option Price for the purpose of terminating this Lease and the Site Lease in whole and purchasing the Trustee’s leasehold interest in the Leased Property as further provided in Article 12 of this Lease. Subject to the Approval of Special Counsel, the City may also, at any time during the Lease Term, (1) prepay any portion of the Base Rentals due under this Lease and (2) in connection with such prepayment, recalculate the Base Rentals set forth in Exhibit C (Base Rentals Schedule). Any such revised Exhibit C (Base Rentals Schedule) shall be prepared by the City Representative and delivered to the Trustee. The Trustee may rely upon such revised Exhibit C (Base Rentals Schedule) and has no duty to make an independent investigation in connection therewith. The City shall give the Trustee notice of its intention to exercise either of such options not less than forty-five (45) days in advance of the date of exercise and shall deposit with the Trustee by not later than the Business Day preceding the date of exercise an amount equal to the Purchase Option Price due on the date of exercise or the applicable amount of Base Rentals to be prepaid. If the City shall have given notice to the Trustee of its intention to prepay Base Rentals but shall not have deposited the amounts with the Trustee on the date specified in such notice, the City shall continue to pay Base Rentals which have been specifically appropriated by the Council for such purpose as if no such notice had been given. The Trustee may waive the right to receive forty-five (45) days advance notice and may agree to a shorter notice period in the sole determination of the Trustee. (c)All Additional Rentals shall be paid by the City on a timely basis directly to the person or entity to which such Additional Rentals are owed. Additional Rentals shall include, without limitation, the reasonable fees and expenses of the Trustee, reasonable expenses of the Trustee in connection with the Leased Property and for the cost of taxes, insurance premiums, utility charges, maintenance and repair costs and all other expenses expressly required to be paid hereunder, and any other amounts due to the insurer of any of the Certificates. All of the payments required by this paragraph are subject to Appropriation by the City; provided, however, a failure by the City to budget and appropriate moneys for any of the payments required by this paragraph shall constitute an Event of Nonappropriation. If the City’s estimates of Additional Rentals for any Fiscal Year are not itemized in the budget required to be furnished to the Trustee under Section 4.1 of this Lease, the City shall furnish an itemization of such estimated Additional Rentals to the Trustee on or before the 15th day preceding such Fiscal Year. Section 6.3 Manner of Payment. The Base Rentals, for which an Appropriation has been effected by the City, and, if paid, the Purchase Option Price, shall be paid or prepaid by the City to the Trustee at its corporate trust office by wire transfer of federal funds, certified funds or other method of payment acceptable to the Trustee in lawful money of the United States of America. 314 19 The obligation of the City to pay the Base Rentals and Additional Rentals as required under this Article 6 and other sections hereof in any Fiscal Year for which an Appropriation has been effected by the City for the payment thereof shall be absolute and unconditional and payment of the Base Rentals and Additional Rentals in such Fiscal Years shall not be abated through accident or unforeseen circumstances, or any default by the Trustee under this Lease, or under any other agreement between the City and the Trustee, or for any other reason including without limitation, any acts or circumstances that may constitute failure of consideration, destruction of or damage to the Leased Property, commercial frustration of purpose, or failure of the Trustee, to perform and observe any agreement, whether expressed or implied, or any duty, liability or obligation arising out of or connected with this Lease, it being the intention of the parties that the payments required by this Lease will be paid in full when due without any delay or diminution whatsoever, subject only to the annually renewable nature of the City’s obligation hereunder as set forth in Section 6.1 hereof, and further subject to the City’s rights under Section 10.3 hereof. Notwithstanding any dispute between the City and the Trustee, the City shall, during the Lease Term, make all payments of Base Rentals and Additional Rentals in such Fiscal Years and shall not withhold any Base Rentals or Additional Rentals, for which an Appropriation has been effected by the City, pending final resolution of such dispute (except to the extent permitted by Sections 8.2 and 9.3 hereof with respect to certain Additional Rentals), nor shall the City assert any right of set-off or counterclaim against its obligation to make such payments required hereunder. No action or inaction on the part of the Trustee shall affect the City’s obligation to pay all Base Rentals and Additional Rentals, for which a specific Appropriation has been effected by the City for such purpose, in such Fiscal Years subject to this Article (except to the extent provided by Sections 8.2 and 9.3 hereof with respect to certain Additional Rentals). Section 6.4 Nonappropriation. In the event that the City gives notice that it intends to not renew this Leaseas provided by Section 4.1 hereof or the City shall not effect an Appropriation, on or before December 31 of each Fiscal Year, of moneys to pay all Base Rentals and reasonably estimated Additional Rentals coming due for the next ensuing Renewal Term as provided in Section 4.1 hereof and this Article, or in the event that the City is proceeding under the provisions of Section 10.3(c) hereof (when applicable), an Event of Nonappropriation shall be deemed to have occurred; subject, however, to each of the following provisions: (a)In the event the Trustee does not receive the written notice provided for by Section 4.1 hereof or evidence that an Appropriation has been effected by the City on or before December 31 of a Fiscal Year, then the Trustee shall declare an Event of Nonappropriation on the first Business Day of the February following such Fiscal Year or such declaration shall be made on any earlier date on which the Trustee receives official, specific written notice from the City that this Lease will not be renewed. In order to declare an Event of Nonappropriation, the Trustee shall send written notice thereof to the City. (b)The Trustee shall waive any Event of Nonappropriation which is cured by the City, within 30 days of the receipt by the City of notice from the Trustee as provided in (a) above, by a duly effected Appropriation to pay all Base Rentals and sufficient amounts to pay reasonably estimated Additional Rentals coming due for such Renewal Term. 315 20 (c)Pursuant to the terms of the Indenture, the Trustee may waive any Event of Nonappropriation which is cured by the City within a reasonable time with the procedure described in (b) above. In the event that during the Initial Term or any Renewal Term, any Additional Rentals shall become due which were not included in a duly effected Appropriation and moneys are not specifically budgeted and appropriated or otherwise made available to pay such Additional Rentals within 60 days subsequent to the date upon which such Additional Rentals are due, an Event of Nonappropriation shall be deemed to have occurred, upon notice by the Trustee to the City to such effect (subject to waiver by the Trustee as hereinbefore provided). If an Event of Nonappropriation occurs, the City shall not be obligated to make payment of the Base Rentals or Additional Rentals or any other payments provided for herein which accrue after the last day of the Initial Term or any Renewal Term during which such Event of Nonappropriation occurs; provided, however, that, subject to the limitations of Sections 6.1 and 14.3 hereof, the City shall continue to be liable for Base Rentals and Additional Rentals allocable to any period during which the City shall continue to occupy, use or retain possession of the Leased Property. Subject to Section 6.5 hereof, the City shall in all events vacate or surrender possession of the Leased Property by March 1 of the Renewal Term in respect of which an Event of Nonappropriation has occurred. After March 1 of the Renewal Term in respect of which an Event of Nonappropriation has occurred, the Trustee may proceed to exercise all or any Lease Remedies. The City acknowledges that, upon the occurrence of an Event of Nonappropriation (a) the Trustee shall be entitled to all moneys then being held in all funds and accounts created under the Indenture (except any defeasance escrow accounts) to be used as described therein and (b) all property, funds and rights then held or acquired by the Trustee upon the termination of this Lease by reason of an Event of Nonappropriation are to be held by the Trustee in accordance with the terms of the Indenture. Section 6.5 Holdover Tenant. If the City fails to vacate the Leased Property after termination of this Lease, whether as a result of the occurrence of an Event of Nonappropriation or an Event of Lease Default as provided in Section 14.2(a) hereof, with the written permission of the Trustee it will be deemed to be a holdover tenant on a month-to-month basis, and will be bound by all of the other terms, covenants and agreements of this Lease. Any holding over by the City without the written permission of the Trustee shall be at sufferance. The amount of rent to be paid monthly during any period when the City is deemed to be a holdover tenant will be equal to (a) one- sixth of the Interest Portion of the Base Rentals coming due on the next succeeding Base Rentals Payment Date plus one-twelfth of the Principal Portion of the Base Rentals coming due on the next succeeding Base Rentals Payment Date on which a Principal Portion of the Base Rentals would have been payable with appropriate adjustments to ensure the full payment of such amounts on the due dates thereof in the event termination occurs during a Renewal Term plus (b) Additional Rentals as the same shall become due. 316 21 Section 6.6 Prohibition of Adverse Budget or Appropriation Modifications. To the extent permitted by law, the City shall not, during any Fiscal Year of the Lease Term, make any budgetary transfers or other modifications to its then existing budget and appropriation measures relating to the Leased Property or this Lease which would adversely affect the City’s ability to meet its obligation to pay Base Rentals and duly budgeted and appropriated Additional Rentals hereunder. 317 22 ARTICLE 7 LEASING OF THE SITE; TITLE INSURANCE Section 7.1 Leasing of the Site; Title Insurance. As further provided in Section 8.1 hereof, fee simple title to the Site shall be held by the City. Pursuant to the Site Lease, the City shall lease the Site to the Trustee and pursuant to this Title Insurance. The Trustee shall be provided with an owner’s title insurance policy insuring the Trustee’s leasehold interest in the Site pursuant to the Site Lease, subject only to Permitted Encumbrances, in an amount not less than the aggregate principal amount of the Certificates or such lesser amount as shall be the maximum insurable value of the Leased Property. Such policy, or a binding commitment therefor, shall be provided to the Trustee concurrently with the issuance of each series of Certificates. 318 23 ARTICLE 8 TITLE TO LEASED PROPERTY; LIMITATIONS ON ENCUMBRANCES Section 8.1 Title to the Leased Property. At all times during the Lease Term, title to the Site shall remain in the City, subject to the Site Lease, this Lease, the Indenture and any other Permitted Encumbrances. Except personal property purchased by the City at its own expense pursuant to Section 9.2 of this Lease and personal property purchased by the City, the Leased Property Project, and any and all additions and modifications to or replacements of any portion of the Leased Property Project shall be held in the name of the Trustee, subject to this Lease and Permitted Encumbrances, until foreclosed on or conveyed as provided in Section 7.02 of the Indenture or Article 7 of this Lease, or until the termination of the Site Lease, notwithstanding (i) the occurrence of an Event of Nonappropriation as provided in Section 6.4 of this Lease or one or more Events of Default as defined in Section 14.1 of this Lease; (ii) the occurrence of any event of damage, destruction, condemnation or construction defect or title defect, as provided in Article 10 of this Lease; (iii) termination of the right of the City to direct the acquisition, construction and equipping of the Leased Property Project pursuant to the last sentence of Section 7.1 of this Lease; or (iv) the violation by the Trustee (or by the Trustee as assignee of the Lessor pursuant to the Indenture) of any provision of this Lease. The City shall have no right, title or interest in the Leased Property Project, or any additions and modifications to or replacements of any portion thereto, except as expressly set forth in this Lease. Section 8.2 No Encumbrance, Mortgage or Pledge of the Leased Property. Except as may be permitted by this Lease, the City shall not permit any mechanic’s or other lien to be established or remain against the Leased Property; provided that, if the City shall first notify the Trustee of the intention of the City to do so, the City may in good faith contest any mechanic’s or other lien filed or established against the Leased Property, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom unless the Trustee shall notify the City that, in the opinion of Counsel, by nonpayment of any such items the Trustee’s leasehold interest in the Leased Property will be materially endangered, or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the City shall promptly pay and cause to be satisfied and discharged all such unpaid items (provided, however, that such payment shall not constitute a waiver of the right to continue to contest such items). The Trustee will cooperate in any such contest. Except as may be permitted by this Lease, the City shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Leased Property, except Permitted Encumbrances. The City shall promptly, at its expense, take such action as may be necessary to duly discharge any such mortgage, pledge, lien, charge, encumbrance or claim not excepted above. 319 24 ARTICLE 9 MAINTENANCE; TAXES; INSURANCE AND OTHER CHARGES Section 9.1 Maintenance of the Leased Property by the City. Subject to its right to not appropriate and as otherwise provided in Section 9.3 hereof, the City agrees that at all times during the Lease Term, the City will maintain, preserve and keep the Leased Property or cause the Leased Property to be maintained, preserved and kept, in good repair, working order and condition, and from time to time make or cause to be made all necessary and proper repairs, including replacements, if necessary. The Trustee shall have no responsibility in any of these matters or for the making of any additions, modifications or replacements to the Leased Property. Section 9.2 Modification of the Leased Property; Installation of Furnishings and Machinery of the City. The City shall have the privilege of making substitutions, additions, modifications and improvements to the Leased Property, at its own cost and expense, as appropriate and any such substitutions, additions, modifications and improvements to the Leased Property shall be the property of the City, subject to the Site Lease, this Lease and the Indenture and shall be included under the terms of the Site Lease, this Lease and the Indenture; provided, however, that such substitutions, additions, modifications and improvements shall not in any way damage the Leased Property or cause the Leased Property to be used for purposes other than lawful governmental functions of the City (except to the extent of subleasing permitted under Section 13.2 hereof); and provided that the Leased Property, as improved or altered, upon completion of such substitutions, additions, modifications and improvements, shall be of a value not less than the value of the Leased Property immediately prior to such making of substitutions, additions, modifications and improvements. The City may also, from time to time in its sole discretion and at its own expense, install machinery, equipment and other tangible property in or on the Leased Property. All such machinery, equipment and other tangible property shall remain the sole property of the City in which the Trustee shall have no interests; provided, however, that title to any such machinery, equipment and other tangible property which becomes permanently affixed to the Leased Property shall be included under the terms of the Site Lease, this Lease and the Indenture, in the event that such Leased Property would be damaged or impaired by the removal of such machinery, equipment or other tangible property. The City shall have the right to make substitutions to the Leased Property upon compliance with the provisions set forth in Section 11.4 hereof. Section 9.3 Taxes, Other Governmental Charges and Utility Charges. In the event that the Leased Property shall, for any reason, be deemed subject to taxation, assessments or charges lawfully made by any governmental body, the City shall pay the amount of all such taxes, assessments and governmental charges then due, as Additional Rentals. With respect to special assessments or other governmental charges which may be lawfully paid in installments over a period of years, the City shall be obligated to provide for Additional Rentals only for such installments as are required to be paid during the upcoming Fiscal Year. Except for Permitted Encumbrances, the City shall not allow any liens for taxes, assessments or governmental charges to exist with respect to the Leased Property (including, without limitation, any taxes levied upon 320 25 the Leased Property which, if not paid, will become a charge on the rentals and receipts from the Leased Property, or any interest therein, including the leasehold interests of the Trustee), or the rentals and revenues derived therefrom or hereunder. The City shall also pay as Additional Rentals, as the same respectively become due, all utility and other charges and fees and other expenses incurred in the operation, maintenance and upkeep of the Leased Property. The City may, at its expense, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments, utility or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Trustee shall notify the City that, in the opinion of Counsel, by nonpayment of any such items the value of the Leased Property will be materially endangered or the Leased Property will be subject to loss or forfeiture, or the Trustee will be subject to liability, in which event such taxes, assessments, utility or other charges shall be paid forthwith (provided, however, that such payment shall not constitute a waiver of the right to continue to contest such taxes, assessments, utility or other charges). Section 9.4 Provisions for Liability and Property Insurance. The City shall cause casualty and property insurance to be carried and maintained with respect to the Leased Property in an amount equal to the estimated replacement cost of the Leased Property. Such insurance policy or policies may have a deductible clause in an amount deemed reasonable by the Council. The City may, in its discretion, insure the Leased Property under blanket insurance policies which insure not only the Leased Property, but other buildings as well, as long as such blanket insurance policies comply with the requirements hereof. If the City shall insure against similar risks by self- insurance, the City may, at its election provide for casualty and property damage insurance with respect to the Leased Property, partially or wholly by means of a self-insurance fund. If the City shall elect to self-insure, the City Representative shall annually furnish to the Trustee a certification of the adequacy of the City’s reserves. The Trustee shall be named additional insured and loss payee on any casualty and property insurance. The City shall cause public liability insurance to be carried and maintained with respect to the activities to be undertaken by and on behalf of the City in connection with the use of the Leased Property, in an amount not less than the limitations provided in the Colorado Governmental Immunity Act (Article 10, Title 24, Colorado Revised Statutes, as heretofore or hereafter amended). Such insurance may contain deductibles and exclusions deemed reasonable by the Council. The public liability insurance required by this Section may be by blanket insurance policy or policies. If the City shall insure against similar risks by self-insurance, the City, at its election may provide for public liability insurance with respect to the Leased Property, partially or wholly by means of a self-insurance fund. If the City shall elect to self-insure, the City Representative shall annually furnish to the Trustee a certification of the adequacy of the City’s reserves. The Trustee shall be named as additional insured and loss payee on any public liability insurance. Any casualty and property damage insurance policy required by this Section shall be so written or endorsed as to make payments under such insurance policy payable to the City and the Trustee. Each insurance policy provided for in this Section shall contain a provision to the effect that the insurance company shall not cancel the policy without first giving written notice thereof to the City at least 30 days in advance of such cancellation. All insurance policies issued pursuant to this Section, or certificates evidencing such policies, shall be deposited with the Trustee. No 321 26 agent or employee of the City shall have the power to adjust or settle any loss with respect to the Leased Property in excess of $25,000, whether or not covered by insurance, without the prior written consent of the Trustee. The City shall provide the Trustee with evidence that the insurance required pursuant to this Section is in effect. A certification by the City Representative that such insurance is in effect shall be sufficient evidence of insurance. A certificate of insurance from the City or the City’s insurance agent will also be acceptable evidence of insurance. On or about October 1 in each year the City shall provide annual certification that the insurance required pursuant to this Section is in effect. Section 9.5 Advances. If the City fails to pay any Additional Rentals during the Lease Term as such Additional Rentals become due, the Trustee may (but shall not be obligated to) pay such Additional Rentals and the City agrees to reimburse the Trustee to the extent permitted by law and subject to Appropriation as provided under Article 6 hereof. Section 9.6 Granting of Easements. As long as no Event of Nonappropriation or Event of Lease Default shall have happened and be continuing, the Trustee, shall upon the request of the City, (a) grant or enter into easements, permits, licenses, party wall and other agreements, rights- of-way (including the dedication of public roads) and other rights or privileges in the nature of easements, permits, licenses, party wall and other agreements and rights of way with respect to any property or rights included in this Lease (whether such rights are in the nature of surface rights, sub-surface rights or air space rights), free from this Lease and any security interest or other encumbrance created hereunder or thereunder; (b) release existing easements, permits, licenses, party wall and other agreements, rights-of-way, and other rights and privileges with respect to such property or rights, with or without consideration; and (c) execute and deliver any instrument necessary or appropriate to grant, enter into or release any such easement, permit, license, party wall or other agreement, right-of-way or other grant or privilege upon receipt of: (i) a copy of the instrument of grant, agreement or release and (ii) a written application signed by the City Representative requesting such grant, agreement or release and stating that such grant, agreement or release will not materially impair the effective use or materially interfere with the operation of the Leased Property, and will not materially adversely affect the security intended to be given by or under the Indenture, the Site Lease or this Lease. 322 27 ARTICLE 10 DAMAGE, DESTRUCTION AND CONDEMNATION; USE OF NET PROCEEDS Section 10.1 Damage, Destruction and Condemnation. If, during the Lease Term, (a)the Leased Property shall be destroyed (in whole or in part), or damaged by fire or other casualty; or (b)title to, or the temporary or permanent use of, the Leased Property or the estate of the City or the Trustee in the Leased Property is taken under the exercise of the power of eminent domain by any governmental body or by any person, firm or entity acting under governmental authority; or (c)a breach of warranty or a material defect in the construction, manufacture or design of the Leased Property becomes apparent; or (d)title to or the use of all or a portion of the Leased Property is lost by reason of a defect in title thereto, then, the City shall be obligated to continue to pay Base Rentals and Additional Rentals (subject to Article 6 hereof). Section 10.2 Obligation to Repair and Replace the Leased Property. The City and the Trustee, to the extent Net Proceeds are within their respective control, shall cause such Net Proceeds of any insurance policies, performance bonds or condemnation awards received to be deposited in a separate trust fund. All Net Proceeds so deposited shall be applied to the prompt repair, restoration, modification, improvement or replacement of the Leased Property by the City, upon receipt of requisitions by the Trustee signed by the City Representative stating with respect to each payment to be made: (a)the requisition number; (b)the name and address of the person, firm or entity to whom payment is due; (c)the amount to be paid; and (d)that each obligation mentioned therein has been properly incurred, is a proper charge against the separate trust fund and has not been the basis of any previous withdrawal and specifying in reasonable detail the nature of the obligation, accompanied by a bill or a statement of account for such obligation. The Trustee shall have no duty to review or examine the accompanying bill, invoice or statement of account, but may conclusively rely on the properly executed disbursement request. The City and the Trustee shall agree to cooperate and use their best reasonable efforts subject to the terms of the Indenture to enforce claims which may arise in connection with material defects in the construction, manufacture or design of the Leased Property or otherwise. If there is a balance of any Net Proceeds allocable to the Leased Property remaining after such repair, restoration, 323 28 modification, improvement or replacement has been completed, this balance shall be used by the City, to: (a)add to, modify or alter the Leased Property or add new components thereto, or (b)prepay the Base Rentals with a corresponding adjustment in the amount of Base Rentals payable under Exhibit C (Base Rentals Schedule) to this Lease, or (c)accomplish a combination of (a) and (b). Any repair, restoration, modification, improvement or replacement of the Leased Property paid for in whole or in part out of Net Proceeds allocable to the Leased Property shall be the property of the City, subject to the Site Lease, this Lease and the Indenture and shall be included as part of the Leased Property under this Lease. Section 10.3 Insufficiency of Net Proceeds. If the Net Proceeds (plus any amounts withheld from such Net Proceeds by reason of any deductible clause) are insufficient to pay in full the cost of any repair, restoration, modification, improvement or replacement of the Leased Property required under Section 10.2 of this Lease, the City may elect to: (a)complete the work or replace such Leased Property (or portion thereof) with similar property of a value equal to or in excess of such portion of the Leased Property and pay as Additional Rentals, to the extent amounts for Additional Rentals which have been specifically appropriated by the City are available for payment of such cost, any cost in excess of the amount of the Net Proceeds allocable to the Leased Property, and the City agrees that, if by reason of any such insufficiency of the Net Proceeds allocable to the Leased Property, the City shall make any payments pursuant to the provisions of this paragraph, the City shall not be entitled to any reimbursement therefor from the Trustee, nor shall the City be entitled to any diminution of the Base Rentals and Additional Rentals, for which a specific Appropriation has been effected by the City for such purpose, payable under Article 6 of this Lease; or (b)apply the Net Proceeds allocable to the Leased Property to the payment of the Purchase Option Price in accordance with Article 12 of this Lease, or an appropriate portion thereof. In the event of an insufficiency of the Net Proceeds for such purpose, the City shall, subject to the limitations of Section 6.1 hereof, pay such amounts as may be necessary to equal that portion of the Purchase Option Price which is attributable to the Leased Property for which Net Proceeds have been received (as certified to the Trustee by the City); and in the event the Net Proceeds shall exceed such portion of the Purchase Option Price, such excess shall be used as directed by the City in the same manner as set forth in Section 10.2 hereof; or (c)if the City does not timely budget and appropriate sufficient funds to proceed under either (a) or (b) above, an Event of Nonappropriation will be deemed to have occurred and, subject to the City’s right to cure, the Trustee may pursue remedies available to it following an Event of Nonappropriation. 324 29 The above referenced election shall be made by the City within 90 days of the occurrence of an event specified in Section 10.1 of this Lease. It is hereby declared to be the City’s present intention that, if an event described in Section 10.1 hereof should occur and if the Net Proceeds shall be insufficient to pay in full the cost of repair, restoration, modification, improvement or replacement of the Leased Property, the City would use its best efforts to proceed under either paragraph (a) or paragraph (b) above; but it is also acknowledged that the City must operate within budgetary and other economic constraints applicable to it at the time, which cannot be predicted with certainty; and accordingly the foregoing declaration shall not be construed to contractually obligate or otherwise bind the City. Section 10.4 Cooperation of the Trustee. The Trustee shall cooperate fully with the City in filing any proof of loss with respect to any insurance policy or performance bond covering the events described in Section 10.1 of this Lease and in the prosecution or defense of any prospective or pending condemnation proceeding with respect to the Leased Property and the enforcement of all warranties relating to the Leased Property. So long as no Event of Lease Default or Event of Nonappropriation has occurred and is then existing, the Trustee shall not voluntarily settle, or consent to the settlement of, any proceeding arising out of any insurance claim performance or payment bond claim, prospective or pending condemnation proceeding with respect to the Leased Property without the written consent of the City. 325 30 ARTICLE 11 DISCLAIMER OF WARRANTIES; OTHER COVENANTS Section 11.1 Disclaimer of Warranties. THE TRUSTEE HAS NOT MADE AND WILL NOT MAKE ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR FITNESS FOR USE OF THE LEASED PROPERTY OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE LEASED PROPERTY. THE CITY HEREBY ACKNOWLEDGES AND DECLARES THAT THE CITY IS SOLELY RESPONSIBLE FOR THE MAINTENANCE AND OPERATION OF THE LEASED PROPERTY, AND THAT THE TRUSTEE HAS NO RESPONSIBILITY THEREFOR. For the purpose of enabling the City to discharge such responsibility, the Trustee constitutes and appoints the City as its attorney in fact for the purpose of asserting and enforcing, at the sole cost and expense of the City, all manufacturer’s warranties and guaranties, express or implied, with respect to the Leased Property, as well as any claims or rights the Trustee may have in respect of the Leased Property against any manufacturer, supplier, contractor or other person. Except as otherwise provided in this Lease, the Trustee shall not be liable for any direct or indirect, incidental, special, punitive or consequential damage in connection with or arising out of this Lease or the existence, furnishing, functioning or use by the City of any item, product or service provided for herein except that nothing shall relieve the Trustee’s liability for any claims, damages, liability or court awards, including costs, expenses and attorney fees, relating to or arising from the Trustee’s actions or omissions that result from the negligence, bad faith or intentional misconduct of the Trustee or its employees. Section 11.2 Further Assurances and Corrective Instruments. The Trustee and the City agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such amendments hereof or supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Leased Property. Section 11.3 Compliance with Requirements. During the Lease Term, the City and the Trustee shall observe and comply promptly to the extent possible with all current and future orders of all courts having jurisdiction over the Leased Property, provided that the City and the Trustee may contest or appeal such orders so long as they are in compliance with such orders during the contest or appeal period, and all current and future requirements of all insurance companies writing policies covering the Leased Property. Section 11.4 Release and Substitution of Leased Property. So long as no Event of Lease Default or Event of Nonappropriation shall have occurred and be continuing, the City shall prepare and the Trustee shall release all or any portion of the Leased Property, and shall execute all documents necessary or appropriate to reconvey or release such portion of the Leased Property to the City, free of all restrictions and encumbrances imposed or created by the Site Lease, this Lease or the Indenture, upon receipt by the Trustee of the following: (a) a written request of the City Representative for such release, describing the portion of the Leased Property to be released; (b) a certificate of the City Representative certifying (i) the fair market value of the portion of the Leased Property to be released and of any real property to be substituted for the portion of the Leased Property to be released; (ii) that the disposition of the portion of the Leased Property to be 326 31 released and the substitution therefor of the real property to be substituted for the portion of the Leased Property to be released (if any) will not materially adversely affect the ability of the City to operate the Leased Property or to fulfill its obligations under this Lease; (iii) that any real property to be substituted for a portion of the Leased Property to be released is necessary or useful to the operation of the Leased Property; and (iv) that the fair market value of any real property to be substituted for the portion of the Leased Property to be released, together with cash to be paid by the City to the Trustee, if any, is at least equal to the fair market value of the portion of the Leased Property to be released; (c) appraisals of the fair market value of the portion of the Leased Property to be released and any real property to be substituted for the portion of the Leased Property to be released, respectively, by a member of the American Institute of Real Estate Appraisers (MAI); and (d) supplements and amendments to the Site Lease, this Lease and the Indenture and any other documents necessary to effect the substitution for any portion of the Leased Property to be released. The City agrees that any cash paid to the Trustee pursuant to the provisions of this Section shall be used to redeem or defease Outstanding Certificates. Section 11.5 Covenant to Reimburse Legal Expenses. To the extent permitted by law, the City shall defend and hold harmless the Trustee against claims arising from the alleged negligent acts or omissions of the City’s public employees, which occurred or are alleged to have occurred during the performance of their duties and within the scope of their employment, unless such acts or omissions are, or are alleged to be, willful and wanton. Such claims shall be subject to the limitations of the Colorado Governmental Immunity Act, C.R.S. 24-10-101 to 24-10-120. The City shall include as Additional Rentals, the reimbursement of reasonable and necessary fees and expenses incurred by the Trustee to defend the Trustee from and against all claims, by or on behalf of any person, firm, corporation or other legal entity arising from the conduct or management of the Leased Property or from any work or thing done on the Leased Property during the Lease Term requested by the City, or from any condition of the Leased Property caused by the City. This duty to reimburse the Trustee’s legal expenses is not an indemnification and it is expressly understood that the City is not indemnifying the Trustee and, as previously stated, is limited to Net Proceeds and moneys, if any, in excess of such Net Proceeds, for which an Appropriation has been effected. Section 11.6 Access to the Leased Property; Rights to Inspect Books. The City agrees that the Trustee shall have the right at all reasonable times to examine and inspect the Leased Property (subject to such regulations as may be imposed by the City for security purposes) and all of the City’s books and records with respect thereto, but the Trustee has no duty to inspect the Leased Property books or records. The City further agrees that the Trustee shall have such rights of access to the Leased Property as may be reasonably necessary to cause the proper maintenance of the Leased Property in the event of failure by the City to perform its obligations under this Lease. The Indenture allows the City to have the right at all reasonable times to examine and inspect all of the Trustee’s books and records with respect to the Leased Property and all funds and accounts held under the Indenture. The City and its representatives shall have the right to examine and inspect the books and records of the Trustee relating to the Leased Property at all reasonable times from the date of this Lease and until three years after the termination date of this Lease. 327 32 ARTICLE 12 PURCHASE OPTION Section 12.1 Purchase Option. The City shall have the option to purchase the Trustee’s leasehold interest in the Leased Property, but only if an Event of Lease Default or an Event of Nonappropriation has not occurred and is then continuing. The City may exercise its option on any date by complying with one of the conditions set forth in Section 12.2. The City shall give the Trustee notice of its intention to exercise its option not less than forty-five (45) days in advance of the date of exercise and shall deposit the required moneys with the Trustee on or before the date selected to pay the Purchase Option Price. The Trustee may waive such notice or may agree to a shorter notice period in the sole determination of the Trustee. If the City shall have given notice to the Trustee of its intention to purchase the Trustee’s leasehold interest in the Leased Property or prepay Base Rentals, but shall not have deposited the amounts with the Trustee on the date specified in such notice, the City shall continue to pay Base Rentals, which have been specifically appropriated by the City for such purpose, as if no such notice had been given. Section 12.2 Conditions for Purchase Option. The Trustee shall transfer and release the Trustee’s leasehold interests in the Leased Property to the City in the manner provided for in Section 12.3 of this Lease; provided, however, that prior to such transfer and release, either: (a)the City shall have paid the then applicable Purchase Option Price which shall equal the sum of the amount necessary to defease and discharge the Indenture as provided therein (i.e., provision for payment of all principal and interest portions of any and all Certificates which may have been executed and delivered pursuant to the Indenture shall have been made in accordance with the terms of the Indenture) plus any fees and expenses then owing to the Trustee; or (b)the City shall have paid all Base Rentals set forth in Exhibit C (Base Rentals Schedule) hereto, for the entire maximum Lease Term, and all then current Additional Rentals required to be paid hereunder. At the City’s option, amounts then on deposit in any fund held under the Indenture (except any defeasance escrow funds) may be credited toward the Purchase Option Price. Section 12.3 Manner of Conveyance. At the closing of the purchase or other conveyance of all of the Trustee’s leasehold interest in the Leased Property pursuant to Section 12.2 of this Lease, the Trustee shall release and terminate the Site Lease, this Lease and the Indenture and execute and deliver to the City any necessary documents releasing, assigning, transferring and conveying the Trustee’s leasehold interest in the Leased Property, as they then exist, subject only to the following: (a)Permitted Encumbrances, other than the Site Lease, this Lease and the Indenture; 328 33 (b)all liens, encumbrances and restrictions created or suffered to exist by the Trustee as required or permitted by the Site Lease, this Lease or the Indenture or arising as a result of any action taken or omitted to be taken by the Trustee as required or permitted by the Site Lease, this Lease or the Indenture; (c)any lien or encumbrance created or suffered to exist by action of the City; and (d)those liens and encumbrances (if any) to which title to the Leased Property was subject when leased to the Trustee. 329 34 ARTICLE 13 ASSIGNMENT AND SUBLEASING Section 13.1 Assignment by the Trustee; Replacement of the Trustee. Except as otherwise provided in this Lease and the Indenture, this Lease may not be assigned by the Trustee for any reason other than to a successor by operation of law or to a successor trustee under the Indenture or with the prior written consent of the City which consent shall not be unreasonably withheld. The Trustee will notify the City of any assignment to a successor by operation of law. If an Event of Lease Default or Event of Nonappropriation has occurred and is continuing, the Trustee may act as herein provided, including exercising the remedies set forth in Section 14.2, without the prior written direction of the City. Section 13.2 Assignment and Subleasing by the City. This Lease may not be assigned by the City for any reason other than to a successor by operation of law. However, the Leased Property may be subleased, as a whole or in part, by the City, without the necessity of obtaining the consent of the Trustee or any owner of the Certificates subject to each of the following conditions: (a)This Lease, and the obligations of the City hereunder, shall, at all times during the Lease Term remain obligations of the City, and the City shall maintain its direct relationships with the Trustee, notwithstanding any sublease; and (b)The City shall furnish or cause to be furnished to the Trustee a copy of any sublease agreement. The Trustee acknowledges that the City is subleasing the Leased Property pursuant to the AspenFilm Sublease and that the Trustee covenants not to disturb AspenFilm’s occupancy of the Lease Property so long as AspenFilm is in compliance with the AspenFilm Sublease. This covenant shall survive the termination of this Lease. Upon the occurrence of any Event of Lease Default and termination of the Lease Term, the City assigns all of its right title and interest in the AspenFilm Sublease to the Trustee. 330 35 ARTICLE 14 EVENTS OF LEASE DEFAULT AND REMEDIES Section 14.1 Events of Lease Default Defined. Any one of the following shall be Events of Lease Default under this Lease: (a)failure by the City to pay any Base Rentals or Additional Rentals, which have been specifically appropriated by the City for such purpose, during the Initial Term or any Renewal Term, within five (5) Business Days of the date on which they are due; or (b)subject to the provisions of Section 6.5 hereof, failure by the City to vacate or surrender possession of the Leased Property by March 1 of any Renewal Term in respect of which an Event of Nonappropriation has occurred; or (c)failure by the City to observe and perform any covenant, condition or agreement on its part to be observed or performed hereunder, other than as referred to in (a) or (b), (and other than a failure to comply with Section 11.6 hereof) for a period of 30 days after written notice, specifying such failure and requesting that it be remedied shall be received by the City from the Trustee, unless the Trustee shall agree in writing to an extension of such time prior to its expiration; provided that if the failure stated in the notice cannot be corrected within the applicable period, the Trustee shall not withhold its consent to an extension of such time if corrective action can be instituted by the City within the applicable period and diligently pursued until the default is corrected; or (d)failure by the City to comply with the terms of the Site Lease. The foregoing provisions of this Section 14.1 are subject to the following limitations: (i)the City shall be obligated to pay the Base Rentals and Additional Rentals, which have been specifically appropriated by the City for such purpose, only during the then current Lease Term, except as otherwise expressly provided in this Lease; and (ii)if, by reason of Force Majeure, the City or the Trustee shall be unable in whole or in part to carry out any agreement on their respective parts herein contained other than the City’s agreement to pay the Base Rentals and Additional Rentals due hereunder, the City or the Trustee shall not be deemed in default during the continuance of such inability. The City and the Trustee each agree, however, to remedy, as promptly as legally and reasonably possible, the cause or causes preventing the City or the Trustee from carrying out their respective agreements; provided that the settlement of strikes, lockouts and other industrial disturbances shall be entirely within the discretion of the City. Section 14.2 Remedies on Default. Whenever any Event of Lease Default shall have happened and be continuing beyond any applicable cure period, the Trustee may, or shall at the request of the owners of a majority in aggregate principal amount of the Certificates then Outstanding and upon indemnification as to costs and expenses as provided in the Indenture, without any further demand or notice, take one or any combinationof the following remedial steps: 331 36 (a)terminate the Lease Term and give notice to the City to vacate and surrender possession of the Leased Property, which vacation and surrender the City agrees to complete within sixty (60) days from the date of such notice; provided, in the event the City does not vacate and surrender possession on the termination date, the provisions of Section 6.5 hereof shall apply; (b)lease or sublease the Leased Property or sell or assign any interest the Trustee has in the Leased Property, including the Trustee’s leasehold interest in the Leased Property; (c)recover from the City: (i)the portion of Base Rentals and Additional Rentals, for which a specific Appropriation has been effected by the City for such purpose, which would otherwise have been payable hereunder, during any period in which the City continues to occupy, use or possess the Leased Property; and (ii)Base Rentals and Additional Rentals, for which a specific Appropriation has been effected by the City for such purpose, which would otherwise have been payable by the City hereunder during the remainder, after the City vacates and surrenders possession of the Leased Property, of the Fiscal Year in which such Event of Lease Default occurs; or (d)take whatever action at law or in equity may appear necessary or desirable to enforce its rights in and to the Leased Property under the Site Lease, this Lease and the Indenture. Upon the occurrence of an Event of Nonappropriation, the Trustee shall be entitled to recover from the City the amounts set forth in Section 14.2(c)(i) hereof if the City continues to occupy the Leased Property after December 31 of the Fiscal Year in which such Event of Nonappropriation occurs. The Trustee shall also be entitled, upon any Event of Lease Default, to any moneys in any funds or accounts created under the Indenture (except any defeasance escrow accounts). Section 14.3 Limitations on Remedies. The remedies in connection with an Event of Lease Default shall be limited as set forth in this Section. A judgment requiring a payment of money may be entered against the City by reason of an Event of Lease Default only as to the City’s liabilities described in paragraph (c) of Section 14.2 hereof. A judgment requiring a payment of money may be entered against the City by reason of an Event of Nonappropriation only to the extent that the City fails to vacate and surrender possession of the Leased Property as required by Section 6.4 of this Lease, and only as to the liabilities described in paragraph (c)(i) of Section 14.2 hereof. The remedy described in paragraph (c)(ii) of Section 14.2 of this Lease is not available for an Event of Lease Default consisting of failure by the City to vacate and surrender possession of the Leased Property by March 1 following an Event of Nonappropriation. Section 14.4 No Remedy Exclusive. Subject to Section 14.3 hereof, no remedy herein conferred upon or reserved to the Trustee, is intended to be exclusive, and every such remedy shall 332 37 be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Trustee to exercise any remedy reserved in this Article 14, it shall not be necessary to give any notice, other than such notice as may be required in this Article 14. Section 14.5 Waivers. The Trustee may waive any Event of Lease Default under this Lease and its consequences. In the event that any agreement contained herein should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. Payment of Base Rentals or Additional Rentals by the City shall not constitute a waiver of any breach or default by the Trustee hereunder. Section 14.6 Agreement to Pay Attorneys’ Fees and Expenses. In the event that either party hereto shall default under any of the provisions hereof and the nondefaulting party shall employ attorneys or incur other expenses for the collection of Base Rentals or Additional Rentals, or the enforcement of performance or observance of any obligation or agreement on the part of the defaulting party herein contained, the defaulting party agrees that it shall on demand therefor pay to the nondefaulting party, to the extent permitted by law, the reasonable fees of such attorneys and such other reasonable expenses so incurred by the nondefaulting party. Notwithstanding the foregoing, any such fees and expenses owed by the City hereunder shall constitute Additional Rentals for all purposes of this Lease and shall be subject to Appropriation. Section 14.7 Waiver of Appraisement, Valuation, Stay, Extension and Redemption Laws. To the extent permitted by law, in the case of an Event of Nonappropriation or an Event of Lease Default neither the City nor any one claiming through or under the City shall or will set up, claim or seek to take advantage of any appraisement, valuation, stay, extension or redemption laws now or hereafter in force in order to prevent or hinder the enforcement of the Indenture; and the Trustee and the City, for themselves and all who may at any time claim through or under it, hereby waives, to the full extent that it may lawfully do so, the benefit of all such laws. Notwithstanding the foregoing, it is expressly understood that the City cannot and does not hereby waive its right to set up, claim or seek to take advantage of its police powers or its Colorado constitutional or statutory right of eminent domain. 333 38 ARTICLE 15 MISCELLANEOUS Section 15.1 Sovereign Powers of City. Nothing in this Lease shall be construed as diminishing, delegating, or otherwise restricting any of the sovereign powers or immunities of the City. Nothing in this Lease shall be construed to require the City to occupy and operate the Leased Property other than as lessee, or to require the City to exercise its right to purchase the Leased Property as provided in Article 12 hereof. Section 15.2 Notices. All notices, certificates or other communications to be given hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by certified or registered mail, postage prepaid, addressed as follows: If to the Trustee: Zions Bancorporation, National Association 1001 17th Street, Ste. 850 Denver, Colorado 80202 Attn: Corporate Trust & Escrow Services Email: DenverCorporateTrust@zionsbancorp.com Email: sneil.witoff@zionsbancorp.com Phone: (720) 947-7438 If to the City: City of Aspen, Colorado 130 South Galena Street Aspen, Colorado 81611-1975 Attention: Finance Director Email: pete.strecker@cityofaspen.com Phone: (970) 920-5007 The City and the Trustee may, by written notice, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Section 15.3 Third Party Beneficiaries. It is expressly understood and agreed that the Owners of the outstanding Certificates are third party beneficiaries to this Lease and enforcement of the terms and conditions of this Lease, and all rights of action relating to such enforcement, shall be strictly reserved to the City, as lessee and the Trustee, as lessor, and their respective successors and assigns, and to the Owners of the Certificates. Except as hereinafter provided, nothing contained in this Lease shall give or allow any such claim or right of action by any other or third person on this Lease. It is the express intention of the City and the Trustee that any person other than the City, the Trustee, or the Owners of the Certificates receiving services or benefits under this Lease shall be deemed to be an incidental beneficiary only. 334 39 Section 15.4 Binding Effect. This Lease shall inure to the benefit of and shall be binding upon the Trustee and the City and their respective successors and assigns, subject, however, to the limitations contained in Article 13 of this Lease. Section 15.5 Amendments. This Lease may only be amended, changed, modified or altered as provided in the Indenture. Section 15.6 Amounts Remaining in Funds. It is agreed by the parties hereto that any amounts remaining in the Base Rentals Fund or any other fund or account created under the Indenture (except any defeasance escrow account), upon termination of the Lease Term, and after payment in full of the Certificates (or provision for payment thereof having been made in accordance with the provisions of this Lease and the Indenture) and fees and expenses of the Trustee in accordance with this Lease and the Indenture, shall belong to and be paid to the City by the Trustee, as an overpayment of Base Rentals. Section 15.7 Triple Net Lease. This Lease shall be deemed and construed to be a “triple net lease” and, subject to the prior Appropriation requirements hereof, the City shall pay absolutely net during the Lease Term, the Base Rentals, the Additional Rentals and all expenses of, or other payments in respect of, the Leased Property as required to be paid by the City under this Lease, for which a specific Appropriation has been effected by the City for such purpose, free of any deductions, and without abatement, deduction or setoff (other than credits against Base Rentals expressly provided for in this Lease). Section 15.8 Computation of Time. In computing a period of days, the first day is excluded and the last day is included. If the last day of any period is not a Business Day, the period is extended to include the next day which is a Business Day. If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month. Notwithstanding the foregoing, Base Rentals shall be recalculated in the event of any Prepayment of Base Rentals as provided in Section 6.2(b) hereof. Section 15.9 Payments Due on Holidays. If the date for making any payment or the last day for performance of any act or the exercising of any right, as provided in this Lease, shall be a day other than a Business Day, such payment may be made or act performed or right exercised on the next succeeding Business Day, with the same force and effect as if done on the nominal date provided in this Lease. Section 15.10 Severability. Except for the requirement of the City to pay Base Rentals for which a specific Appropriation has been effected by the City for such purpose and the requirement of the Trustee to provide quiet enjoyment of the Leased Property and to convey the Trustee’s leasehold interest in the Leased Property to the City under the conditions set forth in Article 12 of this Lease (which, if held invalid or unenforceable by any court of competent jurisdiction, may have the effect of invalidating or rendering unenforceable the other provisions of this Lease), in the event that any other provision of this Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 335 40 Section 15.11 Execution in Counterparts. This Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 15.12 Applicable Law. This Lease shall be governed by and construed in accordance with the law of the State of Colorado. Section 15.13 The Trustee is Independent of the City. Neither the Trustee nor any agent or employee of the Trustee shall be or shall be deemed to be an agent or employee of the City. The Trustee acknowledges that the Trustee and its employees are not entitled to unemployment insurance benefits of the City unless the Trustee or a third party otherwise provides such coverage and that the City does not pay for or otherwise provide such coverage. The Trustee shall have no authorization, express or implied, to bind the City to any agreements, liability or understanding except as expressly set forth herein. Section 15.14 Governmental Immunity. Notwithstanding any other provisions of this Lease to the contrary, no term or condition of this Lease shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101, et. seq., C.R.S., as now or hereafter amended. Section 15.15 Recitals. The Recitals set forth in this Lease are hereby incorporated by this reference and made a part of this Lease. Section 15.16 Captions. The captions or headings herein are for convenience only and in no way define, limit or describe the scope or intent of any provisions or Sections of this Lease. Section 15.17 Trustee’s Disclaimer. It is expressly understood and agreed that (a) the Lease is executed by Zions Bancorporation, National Association, solely in its capacity as Trustee under the Indenture, and (b) nothing herein shall be construed as creating any liability on Zions Bancorporation, National Association, other than in its capacity as Trustee under the Indenture. All financial obligations of the Trustee under this Lease, except those resulting from its willful misconduct or negligence, are limited to the Trust Estate. Section 15.18 Electronic Transactions. The parties hereto agree that the transactions described herein may be conducted and related documents may be stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law. 336 41 IN WITNESS WHEREOF, the parties have executed this Lease Purchase Agreement as of the day and year first above written. CITY OF ASPEN, COLORADO, as Lessee By: Torre, Mayor ZIONS BANCORPORATION, NATIONAL ASSOCIATION, solely in its capacity of Trustee under the Indenture, as Lessor By: Neil B. Witoff, Vice President Zions Bank Division (SEAL) Attest: By: Nicole Henning, City Clerk 337 42 STATE OF COLORADO ) ) CITY OF ASPEN ) ss. ) COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this _____ day of __________, 2020, by Torre and Nicole Henning, as Mayor and City Clerk, respectively, of the City of Aspen, Colorado. WITNESS my hand and official seal. Notary Public (SEAL) * * * * * * * * * * * * * * * * * * STATE OF COLORADO ) )ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this _____ day of __________, 2020, by Neil B. Witoff, as Vice President of Zions Bancorporation, National Association, as Trustee. Notary Public (SEAL) 338 A - 1 EXHIBIT A DESCRIPTION OF LEASED PROPERTY The Leased Property consists of the Site and the premises, buildings and improvements located thereon (with the exceptions noted below) as set forth below, as amended from time to time. Site: A PARCEL OF LAND SITUATED IN LOT 2 OF THE RIO GRANDE SUBDIVISION ACCORDING TO THE PLAT RECORDED FEBRUARY 14, 2018 IN PLAT BOOK 121 AT PAGE 007, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 2, A NAIL AND SHINER L.S. #16129 IN PLACE; THENCE S73°37'45"E ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 2 A DISTANCE OF 77.81 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET, AND A CENTRAL ANGLE OF 17°37'55", A DISTANCE OF 15.39 FEET (CHORD BEARS S32°01'45"E A DISTANCE OF 15.33 FEET); THENCE LEAVING SAID SOUTHERLY BOUNDARY N49°09'18"E A DISTANCE OF 1.58 FEET TO THE POINT OF BEGINNING; THENCE N14°50'48"E A DISTANCE OF 108.49 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID LOT 2; THENCE S50°00'00"E ALONG SAID NORTHERLY BOUNDARY A DISTANCE OF 192.86 FEET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 164.00 FEET AND A CENTRAL ANGLE OF 25°08'50", A DISTANCE OF 71.98 FEET (CHORD BEARS S62°34'25"E A DISTANCE OF 71.40 FEET); THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY S75°08'50"E A DISTANCE OF 24.31 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY S37°29'27"W A DISTANCE OF 19.11 FEET; THENCE S28°24'06"W A DISTANCE OF 25.11 FEET; THENCE S14°50'48"W A DISTANCE OF 23.17 FEET; THENCE N75°09'12"W A DISTANCE OF 189.68 FEET; THENCE N14°50'48"E A DISTANCE OF 54.24 FEET; THENCE N75°09'12"W A DISTANCE OF 65.66 FEET TO THE POINT OF BEGINNING. Address:425 Rio Grande Place, Aspen, CO 81611. Description of Project: Construction and equipping of new City Administration Facility and related improvements. 339 B - 1 EXHIBIT B PERMITTED ENCUMBRANCES “Permitted Encumbrances” as defined in Section 1.2 of this Lease and the following: 1)Liens for ad valorem taxes and special assessments not then delinquent, if applicable. 2)The Site Lease. 3)This Lease. 4)All other encumbrances appearing of record on the date hereof. 340 C - 1 EXHIBIT C BASE RENTALS SCHEDULE(1) 341 C - 2 Base Rental payments are due on May __ and November __ of each year during the Lease Term. The Base Rentals have been calculated on the basis of a 360-day year of twelve 30-day months and any recalculation of Base Rentals under Section 6.2(b) hereof shall be done on the same basis. If Base Rentals are stated to be due on any date that is not a Business Day, such Base Rentals shall be due on the next day that is a Business Day without the accrual of interest on Base Rentals between such dates. Statement Regarding the Leased Property The duration of the Lease, throughout the maximum Lease Term, does not exceed the weighted average useful life of the Leased Property. 342 D - 1 EXHIBIT D FORM OF NOTICE OF LEASE RENEWAL To:Zions Bancorporation, National Association, as Trustee Attention: Corporate Trust and Escrow Services The undersigned is the City Representative of the City of Aspen, Colorado (the “City”). The City is the lessee under that certain Lease Purchase Agreement, dated as of [closing date] (the “Lease”), between the City and Zions Bancorporation, National Association, solely in its capacity of Trustee under the Indenture, as the lessor thereunder. I am familiar with the facts herein certified and am authorized and qualified to certify the same. The undersigned hereby states and certifies: (a)the City has effected or intends to effect on a timely basis an Appropriation for the ensuing Fiscal Year which includes (1) sufficient amounts authorized and directed to be used to pay all the Base Rentals and (2) sufficient amounts to pay such Additional Rentals as are estimated to become due, all as further provided in Sections 6.2, 6.3 and 6.4 of the Lease, whereupon, the Lease shall be renewed for the ensuing Fiscal Year; Initial or (b)the City has determined not to renew the Lease for the ensuing Fiscal Year. Initial CITY OF ASPEN, COLORADO By: City Representative Date: 343 MEMORANDUM TO: City Council FROM: Pete Strecker, Finance Director THROUGH: Sara Ott, City Manager MEETING DATE: September 8, 2020 RE: 1st Reading – 2020 Supplemental for APCHA & Component Unit Funds Request of Council: Staff is requesting Council consideration of needed budgetary adjustments to the Housing Administration Fund (APCHA operations), and APCHA Development Fund. In total, the supplemental requests an increase of $3.3M from $4.5M to $7.8M. The majority of this increase is related to two items: the acquisition of a single-family home at Burlingame ($1M true spending authority increase plus $1M double count for transfers between funds) and the roll- forward spending authority associated with the HomeTrek software solution for unit inventory, compliance and communication. In addition to the above, there are also lesser increases new requests that include (a) strategic plan development and outreach; (b) funding for broadcasting board meetings; (c) carryforward funds for IT networks and workstations; and (d) a technical increase for previously omitted workers compensation premium costs and employee separation costs. Original Budget Supplemental Revised Budget Proj. Opening Balance $3,932,563 $1,566,331 $5,498,894 Original Revenues $3,897,800 $0 $3,897,800 Transfers $0 $1,000,000 $1,000,000 Revenues $3,897,800 $1,000,000 $4,897,800 Base $2,606,534 $0 $2,606,534 New Requests (Exh B) $110,000 $32,500 $142,500 Carry Forwards (Exh C) $0 $1,440 $1,440 Technical (Exh E) $0 $74,510 $74.510 COVID Reductions (Exh F) $0 ($20,350) ($20,350) Operating Budget $2,716,534 $88,100 $2,804,634 Original $1,202,650 0 $1,202,650 Carry Forwards (Exh D) $0 $1,279,500 $1,279,500 Technical (Exh E) $0 $1,000,000 $1,000,000 Capital Outlay $1,202,650 $2,279,500 $3,482,150 Debt Service $535,210 $0 $535,210 Net Appropriations $4,454,394 $2,367,600 $6,821,994 Technical (Exh E) $0 $1,000,000 $1,000,000 Transfers $0 $1,000,000 $1,000,000 Total Appropriations $4,454,394 $3,367,600 $7,821,994 Proj. Ending Balance $3,375,969 ($801,269) $2,574,700 344 Recommendations: Staff recommends first reading approval of the revised spending plan for 2020, allowing for the re-appropriation of one-time capital and operational project budgets that lapsed at the end of 2019, approval of new requested funding, and to also reduce spending in other areas to respond to a new economic environment. City Manager Comments: 345  2020 APPROPRIATIONS BY FUNDExhibit AFund NameProjected Opening Balance2020 Adopted Revenue2020 Supplemental2020 Amended Revenue Budget2020 Adopted Expense2020 Supplemental2020 Amended Expense Budget2020 Ending BalanceTrust Fiduciary Funds620 ‐ Housing Administration Fund$2,090,595 $2,306,350 $1,000,000 $3,306,350$2,470,584 $2,367,600 $4,838,184$558,761 622 ‐ Smuggler Housing Fund$409,531 $81,140 $0 $81,140 $73,860 $0 $73,860$416,811 632 ‐ APCHA Development Fund$1,738,232 $0 $0 $0 $0 $1,000,000 $1,000,000$738,232 641 ‐ Truscott Phase II Fund$1,181,744 $1,084,150 $0 $1,084,150$1,542,640 $0 $1,542,640$723,254 642 ‐ Aspen Country Inn Fund$78,792 $426,160 $0 $426,160 $367,310 $0 $367,310$137,642 Subtotal Trust and Agency Funds$5,498,894 $3,897,800 $1,000,000$4,897,800 $4,454,394$3,367,600 $7,821,994$2,574,700 Revenues Expenses 346 Revenue Department/Description New Revenue Transfer Purchase of Foreclosed Properties: This funding will be used for the potential purchase of property in the  Burlingame area. Funds are being transferred from the APCHA Housing Development Fund. $0 $1,000,000 620 ‐ Housing Administration Fund $0 $1,000,000 Total Revenue / Transfers In:$0 $1,000,000       2020 SUPPLEMENTAL REVENUE DETAIL 347 Exhibit B ‐ New Requests Department/Description Operating Capital Strategic Plan Development and Public Outreach  ‐ Conduct strategic planning and guideline development  as required by the intergovernmental agreement between APCHA, the City, and Pitkin County. $25,000 $0 APCHA Board Meeting Broadcasting: This will pay for the broadcast of APCHA board meetings on the web  via Grassroots TV. $7,500 $0 620 ‐ Housing Administration Fund $32,500 $0 Total New Requests ‐ Operating / Capital:$32,500 $0        2020 SUPPLEMENTAL NEW REQUESTS 348 Exhibit C ‐ Operation Carry Forwards 2020 OPERATIONAL CARRY FORWARDS Department/Description Amount Aggregate Workstation Replacement Carry Forwards $1,440 620 ‐ Housing Administration Fund $1,440 Total Operational Carry Forward Requests:$1,440 349 Exhibit D ‐ Capital Carry Forwards 2020 CAPITAL CARRY FORWARDS Project Title Lifetime  Budget 2019 Carry  Forward Completion  Estimate 50744 Housing Info Mgmt System and Efficiency Reforms Solutions $1,405,000 $1,273,700 Fall 2020 51096 Core City Network ‐ APCHA ‐ 2019 $5,800 $5,800 Fall 2020 620 ‐ Housing Administration Fund $1,279,500 Total Capital Carry Forward: $1,279,500 350 Exhibit E ‐ Technical Adjustments 2020 TECHNICAL ADJUSTMENTS Department/Description Operating Capital Transfer Purchase of Foreclosed Properties: This funding will be used for the potential purchase of property in the  Burlingame area. Funds are being transferred from the APCHA Housing Development Fund. $0 $1,000,000 $0 Workers' Compensation was not loaded in the system when the 2020 Budget Resolution was calculated  for adoption.  This action corrects this oversight.  $10,430 $0 Resignation Payout as included in City policies around accrued paid time off, extended sick leave banks  and separation agreements.  One‐time. $64,080 620 ‐ Housing Administration Fund $74,510 $1,000,000 $0 Purchase of Foreclosed Properties: This funding will be used for the potential purchase of property in the  Burlingame area. Funds are being transferred from the APCHA Housing Development Fund. $0 $0 $1,000,000 632 ‐ APCHA Development Fund $0 $0 $1,000,000 Total Technical Adjustments ‐ Operating / Capital / Transfers:$74,510 $1,000,000 #REF! 351 Exhibit F ‐ COVID Expense Adjustments 2020 COVID EXPENSE ADJUSTMENTS Fund Labor Other Operating Capital Transfers Total 620 ‐ Housing Administration Fund ($20,350) $0 $0 $0 ($20,350) Total ($20,350) $0 $0 $0 ($20,350) Total Labor + Other Operating:($20,350) 352 ORDINANCE No. 15 (Series of 2020) AN ORDINANCE APPROPRIATING AN INCREASE IN THE HOUSING ADMINISTRATION FUND OF $2,367,600; APCHA DEVELOPMENT FUND OF $1,000,000. WHEREAS, by virtue of Section 9.12 of the Home Rule Charter, the City Council may make supplemental appropriations; and WHEREAS, the City Manager has certified that the City has unappropriated current year revenues and/or unappropriated prior year fund balance available for appropriations in the following funds: Housing Administration Fund, and APCHA Development Fund. WHEREAS, the City Council is advised that certain expenditures, revenue and transfers must be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 Upon the City Manager’s certification that there are current year revenues and/or prior year fund balances available for appropriation in the above-mentioned funds, the City Council hereby makes supplemental appropriations as itemized in the Exhibit A. Section 2 If any section, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason invalid or unconstitutional by any court or competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion thereof. INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED AND/OR POSTED ON FIRST READING on the 8 th of September 2020. ATTEST: ________________________ ________________________ Nicole Henning, City Clerk Torre, Mayor 353 A public hearing on the ordinance shall be held on the 22nd of September 2020, in the City Council Chambers, City Hall, Aspen, Colorado. FINALLY ADOPTED AFTER PUBLIC HEARING on the 22 nd of September 2020. ATTEST: ________________________ ________________________ Nicole Henning, City Clerk Torre, Mayor Approved as to Form: ________________________ Jim True, City Attorney 354