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HomeMy WebLinkAboutresolution.council.008-14 RESOLUTION#8 (Series of 2014) THE CITY of ASPEN A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND RA NELSON LLC FOR CONSTRUCTION OF BUILDINGS 5 THROUGH 7 AT BURLINGAME RANCH PHASE II, 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 construction of buildings 5 through 7 at Burlingame Ranch Phase II, between the City of Aspen and RA Nelson LLC, a true and accurate copy of which is attached hereto as Exhibit "D"; 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 that Contract for construction of buildings 5 through 7 at Burlingame Ranch Phase II, between the City of Aspen and RA Nelson LLC, 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 he City,Council of the City of Aspen on the idth day of:RbvVa 3 2014. Steven Skadron, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, io 2014. K ryn S. Koch, City Clerk Contract 1 / 27 / 14 Owner: City of Aspen I Architect: OZ Architecture General Contractor: R.A.Nelson,LLC I Response to RFP -October 24,2013 WIMMNG' RANCH PRASE IIAii VERTICAL CONSTRUCTION MULTIFAMILY RUILDIN"GS 5-7 h"- ti A BUILDING MOUNTAIN RESORT COMMUNITIE 0 MOW THE CITY OF ASPEN Vol- Document A102TM - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the 27th day of January in the year 2014 ADDITIONS AND DELETIONS: BETWEEN the Owner: The author of this document has added information needed for its City of Aspen completion.The author may also 130 South Galena Street have revised the text of the original Aspen,Colorado 81611 AIA standard form.An Additions and Deletions Report that notes added and the Contractor: information as well as revisions to the standard form text is available from R.A.Nelson,LLC,a Delaware limited liability company the author and should be reviewed.A P.O.Drawer 5400 vertical line in the left margin of this Avon,CO 81620 document indicates where the author has added necessary information for the following Project: and where the author has added to or deleted from the original AIA text. Burlingame Ranch Phase IIAii Vertical Construction Multifamily Buildings 5-7, This document has important legal including,but not limited to: consequences.Consultation with an Civil infrastructure,earthwork and utilities,and attorney is encouraged with respect Ancillary parking structures,and to its completion or modification. Vertical construction,and This document is not intended for Site work and landscaping. use in competitive bidding. Harmony Road Aspen,Colorado AIA Document A201 TM-2007, General Conditions of the Contract The Architect: for Construction,is adopted in this document by reference.Do not use OZ Architecture with other general conditions unless 3003 Larimer Street this document is modified. Denver,CO 80205 The Owner and Contractor agree as follows. AIA Document Al 02 TM—2007(formerly All 1 TM—1997).Copyright(D 1920,1925,1951,1958,1961,1963,1967,1974,1978,1987,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 01/16/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1347249016) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 RELATIONSHIP OF THE PARTIES 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 5 CONTRACT SUM 6 CHANGES IN THE WORK 7 COSTS TO BE REIMBURSED 8 COSTS NOT TO BE REIMBURSED 9 DISCOUNTS,REBATES AND REFUNDS 10 SUBCONTRACTS AND OTHER AGREEMENTS 11 ACCOUNTING RECORDS 12 PAYMENTS 13 DISPUTE RESOLUTION r° 14 TERMINATION OR SUSPENSION 15 MISCELLANEOUS PROVISIONS 16 ENUMERATION OF CONTRACT DOCUMENTS 17 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,as amended,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement,all of which form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements,either written or oral.If anything in the other Contract Documents,other than a Modification,is inconsistent with this Agreement,this Agreement shall govern. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 RELATIONSHIP OF THE PARTIES The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Contractor's skill and best professional judgment in furthering the interests of the Owner;to furnish efficient business administration and supervision;to furnish at all times an adequate supply of workers and materials;and to perform the Work in an expeditious and economical manner consistent with the Owner's interests.The Owner agrees to furnish and approve,in a timely manner,information AIA Document At 02 TM—2007(formerly All 1 TM—1997).Copyright©1920,1925,1951,1958,1961,1963,1967,1974,1978,1987,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 2 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 01/16/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1347249016) User Notes: Irequired by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents. ARTICLE 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 4.1 The date of commencement of the Work shall be fixed in a notice to proceed issued by the Owner. (Paragraph deleted) The Owner requires time to apply for and obtain the necessary building permits,as follows: The construction of the Work will commence by approximately April 1,2014. § 4.2 The Contract Time shall be measured from the date of commencement. § 4.3 The Contractor shall achieve Substantial Completion of the entire Work not later than as follows: (Paragraphs deleted) Portion of Work Substantial Completion date Building 5: 1/21/2015 Building 6: 1/28/2015 Building 7: 2/4/2015 Final landscaping Building 5 to 7: 6/12/2015 subject to adjustments of this Contract Time as provided in the Contract Documents. § 4.4 LIQUIDATED DAMAGES Should the Contractor fail to substantially complete the Work on or before the date of Substantial Completion for each building set forth in the Contract Documents,as adjusted by Change Order,the Owner shall deduct from any monies due or which may become due to Contractor,a sum as specified therein,for each and every calendar day for each building that the Work shall remain uncompleted. One building may be defined as two"Pods." This sum shall be considered not as penalty but as the cost(s)of additional field and office expenses, additional consultants fees,and other expenses incurred by the Owner,caused by such delays. § 4.5 SCHEDULE OF LIQUIDATED DAMAGES: Owner shall deduct from Contractor Two Thousand Dollars($2,000 Dollars)per building for each day after the Date of Substantial Completion for each building set forth in the Contract Documents until the Work is substantially complete,as that term is defined in A201, Section 9.8. The parties acknowledge and agree that the daily amounts set forth above for liquidated damages are reasonable due to increased costs of administrating the Contract,and increased consultants' expenses, incurred by the Owner due to delays in completion. ARTICLE 5 CONTRACT SUM § 5.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum is the Cost of the Work as defined in Article 7 plus the Contractor's Fee. § 5.1.1 The Contractor's Fee: 5.0%of the Cost of the Work. § 5.1.1.1 The Contract Sum identified in Section 5.1.1 above includes within it an amount for General Conditions which is subject to additions and deductions by Change Order as provided in the Contract Documents.General Conditions will be billed at actual costs. Contractor must not move Work from General Conditions to subcontract trades or self-performed work without a signed Change Order. § 5.1.2 The method of adjustment of the Contractor's Fee for changes in the Work: 5.0%of the Cost of the Work for Work performed by the Contractor's Subcontractors included in the change,in accordance this Article 7 of the A201 General Conditions,and 10%of the Cost of the Work for Work performed by the Contractor's own forces included in the change. § 5.1.3 Limitations on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work shall be governed by Article 7.1 of the A201 General Conditions. Init. AIA Document A102-—2007(formerly A111 T^'—1997).Copyright©1920,1925,1951,1958,1961,1963,1967,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be 3 t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 01/16/2014 under Order No.2777914493-1 which expires on 11/24/2014,and is not for resale. User Notes: (1347249016) I § 5.1.4 Rental rates for Contractor-owned equipment shall not exceed One Hundred percent( 100%)of the standard rate paid by the Contractor at the place of the Project. § 5.1.5 Unit prices,if any: None. Item Units and Limitations Price Per Unit($0.00) § 5.2 GUARANTEED MAXIMUM PRICE § 5.2.1 The Contract Sum is guaranteed by the Contractor not to exceed Eleven Million,Two Hundred Ninety-Seven Thousand,One Hundred Fourteen and no/100 Dollars($11,297,114.00), subject to additions and deductions by Change Order as provided in the Contract Documents.Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Paragraph deleted) The amount by which the sum of the(i)actual Cost of the Work,plus(ii)the Contractor's Fee,is less than the Guaranteed Maximum Price("Savings")shall be shared between the Owner and Contractor. The sharing ratio shall be fifty percent(50%)to the Owner and fifty percent(50%)to the Contractor. The Contractor's portion of the Savings shall be paid at the time of the Final Payment,as provided for in the Agreement. § 5.2.2 The Guaranteed Maximum Price is based on the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: (Paragraph deleted) There are no Alternates included in the Guaranteed Maximum Price at this time. § 5.2.3 Allowances included in the Guaranteed Maximum Price,if any: (Paragraph deleted) Price Item 1.Repair existing infrastructure hardscape $ 10,000.00 2.Site Signage Allowance $ 3,000.00 3.3"Irrigation Mainline with Control Wire$11.00/LF $ 11.00/LF 4.Drywall Patch/Reconfiguration Allowance $ 10,000.00 5.RFI 109-213 Allowance $ 50,000.00 6.Weather Conditions Allowance $ 38,000.00 7. Subcontractor Buyout Allowance $100,000.00 8.Off Site General Liability$1.0 M Umbrella Coverage Allowance $ 94,000.00 § 5.2.4 Assumptions,if any,on which the Guaranteed Maximum Price is based: None. § 5.2.5 To the extent that the Drawings and Specifications are anticipated to require further development by the Architect,the Contractor has provided in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems,kinds and quality of materials,finishes or equipment,all of which,if required, shall be incorporated by Change Order. ARTICLE 6 CHANGES IN THE WORK § 6.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work may be determined by any of the methods listed in Section 7.3.3 of AIA Document A201-2007,General Conditions of the Contract for Construction. § 6.2 In calculating adjustments to subcontracts,the terms"cost" and"fee"as used in Section 7.3.3.3 of AIA Document A201-2007 and the term"costs" as used in Section 7.3.7 of AIA Document A201-2007 shall have the meanings assigned to them in AIA Document A201-2007 and shall not be modified by Articles 5,7 and 8 of this Agreement. AIA Document A102TM—2007(formerly All 11 TM—1997).Copyright©1920,1925,1951,1958,1961,1963,1967,1974,1978,1987,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 01/16/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1347249016) User Notes: § 6.3 In calculating adjustments to the Guaranteed Maximum Price,the terms"cost"and"costs"as used in the above-referenced provisions of AIA Document A201-2007 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term "fee" shall mean the Contractor's Fee as defined in Section 5.1.1 of this Agreement. § 6.4 If the extent of such changes is such,in the aggregate,that application of the adjustment provisions of Article 5 will cause substantial inequity to the Owner or Contractor,the Contractor's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work,and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 7 COSTS TO BE REIMBURSED § 7.1 COST OF THE WORK § 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner.Owner and Contractor hereby agree that actual,agreed upon costs for Burdened Hourly Wage rates and equipment rates are the stipulated, fixed rates to be set forth on Exhibit C,and such rates are not subject to further audit or adjustment.The Cost of the Work shall include only the items set forth in this Article 7. § 7.1.2 Where any cost is subject to the Owner's prior approval,the Contractor shall obtain this approval prior to incurring the cost.The parties shall endeavor to identify any such costs prior to executing this Agreement. § 7.2 LABOR COSTS § 7.2.1 Wages of construction workers directly employed by the Contractor to perform the construction of the Work at the site or,with the Owner's prior approval,at off-site workshops. Overtime for non-exempt employees may be charged at 1.5 times the Burdened Hourly Rates. § 7.2.2 Wages or salaries of the Contractor's supervisory and administrative personnel when stationed at the site with the Owner's prior approval,based on actual hours devoted to the Project. Salaried,exempt employees of Contractor will not be paid an overtime premium,and will not charge the Project for more than 40 hours in any week. Wages or salaries of officers of the company,Project Executives, Construction Executives, Senior Project Executives or above will not be reimbursed under any circumstances. Contractor's approved supervisory and administrative personnel for Phase IIAii Vertical Construction Multifamily Buildings 5-7 include a Superintendent,an Assistant Superintendent, and a Project Manager at the rates to be identified in Exhibit C. These rates must not include allocation for subsistence,per diems,housing,travel,vehicle allowances,gas,merit pay, incentive pay,profit sharing or bonuses, other than as may be included in the Burdened Hourly Rate cost breakdown submitted to and approved by the City and incorporated into this Agreement. § 7.2.3 Wages and salaries of the Contractor's supervisory or administrative personnel engaged at factories, workshops or on the road,in expediting the production or transportation of materials or equipment required for the Work,but only for that portion of their time required for the Work and devoted to the Project. Salaried,exempt employees of Contractor will not be paid an overtime premium,and will not charge the Project for more than 40 hours in any week. § 7.2.3.4 Contractor's project personnel stationed at the Contractor's principal office or offices other than the site office, will not be charged to this Project without the Owner's prior written approval. With the Owner's prior approval,such personnel will be paid based on actual hours devoted to the Project at the rates to be listed in the approved Burdened Hourly Rates schedule in Exhibit C. With the Owner's prior approval,reasonable travel and temporary living expenses are allowed for such employees. Salaried,exempt employees of Contractor will not be paid an overtime premium,and will not charge the Project for more than 40 hours in any week. Wages or salaries of officers of the company,Project Executives, Construction Executives, Senior Project Executives or above will not be reimbursed under any circumstances. § 7.2.4 Costs paid or incurred by the Contractor for taxes,insurance,contributions,assessments and benefits required by law or collective bargaining agreements and,for personnel not covered by such agreements,customary benefits such as sick leave,medical and health benefits,holidays,vacations and pensions,provided such costs are based on wages and salaries included in the Cost of the Work under Sections 7.2.1 through 7.2.3 are included in the Burdened Hourly Rates to be identified on Exhibit C,attached hereto,and will not be paid in addition to the Burdened Hourly Rates.. Init. AIA Document A102TI—2007(formerly A111 TM—1997).Copyright©1920,1925,1951,1958,1961,1963,1967,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be 5 / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 01/16/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1347249016) § 7.2.5 Intentionally deleted. § 7.3 SUBCONTRACT COSTS Payments made by the Contractor to any Subcontractors in accordance with the requirements of the subcontracts on the Project will be considered a Cost of the Work and the Contractor will be entitled to no more than the fee in Section 5.1.1 on Subcontract costs. § 7.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION § 7.4.1 Costs,including transportation and storage,of materials and equipment incorporated or to be incorporated in the completed construction. § 7.4.2 Costs of materials described in the preceding Section 7.4.1 in excess of those actually installed to allow for reasonable waste and spoilage.Unused excess materials,if any,shall become the Owner's property at the completion of the Work or,at the Owner's option,shall be sold by the Contractor.Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 7.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS § 7.5.1 Costs of transportation,storage,installation,maintenance,dismantling and removal of materials,supplies, temporary facilities,machinery,equipment and hand tools not customarily owned by construction workers that are provided by the Contractor at the site and fully consumed in the performance of the Work.Costs of materials,supplies, temporary facilities,machinery,equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site.Costs for items not fully consumed by the Contractor shall mean fair market value. § 7.5.2 Rental charges for temporary facilities,machinery,equipment and hand tools not customarily owned by construction workers that are provided by the Contractor at the site and costs of transportation,installation,minor repairs,dismantling and removal.The total rental cost of any Contractor-owned item may not exceed the purchase 0 -. price of any comparable item.Rates of Contractor-owned equipment and quantities of equipment shall be subject to the Owner's prior approval. § 7.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 7.5.4 Costs of document reproductions,facsimile transmissions and long-distance telephone calls,postage and parcel delivery charges,telephone service at the site and reasonable petty cash expenses of the site office. § 7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location,subject to the Owner's prior approval. § 7.6 MISCELLANEOUS COSTS § 7.6.1 Premiums for that portion of insurance and bonds,at actual cost,required by the Contract Documents that can be directly attributed to this Contract.Estimates of the Guaranteed Maximum Price may be based on percentages, however payment to the Contractor will be based on actual cost. I § 7.6.2 Sales,use or similar taxes imposed by a governmental authority that are related to the Work and for which the Contractor is liable and which are not exempt under the City's Tax Exemption. § 7.6.3 Fees and assessments for the building permit and for other permits,licenses and inspections for which the Contractor is required by the Contract Documents to pay. § 7.6.4 Fees of laboratories for tests required by the Contract Documents,except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201-2007 or by other provisions of the Contract Documents,and which do not fall within the scope of Section 7.7.3. § 7.6.5 Royalties and license fees paid for the use of a particular design,process or product required by the Contract Documents;the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents;and payments made in accordance with legal judgments against the Contractor resulting from AIA Document A102T1—2007(formerly All 11 TM—1997).Copyright©1920,1925,1951,1958,1961,1963,1967,1974,1978,1987,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 01/16/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1347249016) User Notes: such suits or claims and payments of settlements made with the Owner's consent.However,such costs of legal defenses,judgments and settlements shall not be included in the calculation of the Contractor's Fee or subject to the Guaranteed Maximum Price.If such royalties,fees and costs are excluded by the last sentence of Section 3.17 of AIA Document A201-2007 or other provisions of the Contract Documents,then they shall not be included in the Cost of the Work. § 7.6.6 Costs for electronic equipment,cell phones,computers and software,office furniture and office equipment, directly related to the Work with the Owner's prior approval.The total rental cost of any rental item,excluding the cost of insurance,repairs and maintenance,whether a Contractor-owned item or otherwise,may not exceed the purchase price of any comparable item. Items purchased for the Project as a direct cost charged to the Project belong to the Owner. Contractor shall provide Owner with an equipment management plan which identifies the following: .1 All equipment to be used on the Project;and .2 Competitive market rental rates for the equipment,including whether the equipment can be rented on an hourly,weekly or monthly basis;and .3 A recommendation regarding whether it is in the Owner's best interest to purchase the equipment outright or to rent the equipment;and .4 Which equipment may be provided by the Contractor,at rates not to exceed the competitive market rates. §7.6.6.5 Equipment including,but not limited to,electronic equipment,machinery,cell phones,computers and software,office furniture,supplies and office equipment purchased and charged to the Project as a Cost of the Work shall become the property of the Owner.The Owner may require Contractor to turn these items over to the Owner at the end of the Project.Any lease/purchase rental arrangements must be disclosed to the Owner. If the Contractor purchases equipment under a lease/purchase arrangement whereby rental payments are charged to Owner as a Cost of the Work,an appropriate credit shall be given to the Owner for the fair market value of the equipment at the time it was last used on the Project. For Contractor-owned equipment,the Contractor shall maintain daily equipment usage reports. The Owner shall not be charged for equipment which is stored on the job site but not in regular use.The equipment use reports shall be used by the Contractor to determine the most economical billing rate(hourly,weekly, monthly)to the Owner. § 7.6.7 Deposits lost for causes other than the Contractor's negligence or failure to fulfill a specific responsibility in the Contract Documents. § 7.6.8 Legal,mediation and arbitration costs,including attorneys' fees,other than those arising from disputes between the Owner and Contractor,and other than those related to claims filed by subcontractors or material suppliers for non-payment on the Project,reasonably incurred by the Contractor after the execution of this Agreement in the performance of the Work and with the Owner's prior approval,which shall not be unreasonably withheld. § 7.6.9 Subject to the Owner's prior approval,temporary living and subsistence expenses approved by Owner incurred for the Contractor's personnel identified in A.3.1.3.2 above and required for the Work on this Project. Meals will not considered temporary living expenses and will not be reimbursed.The Owner reserves the right to approve accommodations for Contractor's personnel in advance,and to find them alternate accommodations in the event that the Owner does not approve of their proposed accommodations.. § 7.6.10 That portion of the reasonable expenses of the Contractor's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the performance of the Work on this Project,at the rates on Exhibit C which have been approved by the Owner in writing. Travel expenses of officers of the company,Project Executives,Construction Executives, Senior Project Executives or above will not be reimbursed under any circumstances. § 7.6.11 General Conditions will be paid monthly, on the basis of actual costs incurred, but only when supported by evidence satisfactory to the Owner. § 7.7 OTHER COSTS AND EMERGENCIES Init. AIA Document A102-—2007(formerly A11IT,—1997).Copyright©1920,1925,1951,1958,1961,1963,1967,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be 7 / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 01/16/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1347249016) § 7.7.1 Other costs incurred in the performance of the Work if,and to the extent,approved in advance in writing by the Owner. § 7.7.2 Costs incurred in taking action to prevent threatened damage,injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section 10.4 of AIA Document A201-2007. § 7.7.3 Costs of repairing or correcting damaged Work executed by the Contractor, Subcontractors or suppliers, provided that such damaged Work was not caused by negligence,failure to conform to the Contract Documents,or failure to fulfill a specific responsibility of the Contractor and only to the extent that the cost of repair or correction is not recovered by the Contractor from insurance,sureties, Subcontractors,suppliers,or others. § 7.8 RELATED PARTY TRANSACTIONS § 7.81 For purposes of Section 7.8,the term"related party" shall mean a parent,subsidiary,affiliate or other entity having common ownership or management with the Contractor;any entity in which any stockholder in,or management employee of,the Contractor owns any interest in excess of ten percent in the aggregate;or any person or entity which has the right to control the business or affairs of the Contractor.The term"related party"includes any member of the immediate family of any person identified above. § 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Contractor and a related party,the Contractor shall notify the Owner of the specific nature of the contemplated transaction,including the identity of the related party and the anticipated cost to be incurred,before any such transaction is consummated or cost incurred.If the Owner,after such notification,authorizes the proposed transaction,then the cost incurred shall be included as a cost to be reimbursed,and the Contractor shall procure the Work,equipment,goods or service from the related party, as a Subcontractor,according to the terms of Article 10.If the Owner fails to authorize the transaction,the Contractor shall procure the Work,equipment,goods or service from some person or entity other than a related party according to the terms of Article 10. ARTICLE 8 COSTS NOT TO BE REIMBURSED § 8.1 The Cost of the Work shall not include the items listed below: 1 Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principal office or offices other than the site office,of officers of the company,Project Executives,Construction Executives, Senior Project Executives or above,except as specifically provided in Section 7.2. or as may be provided in Article 15; .2 Expenses of the Contractor's principal office and offices other than the site office; .3 Overhead and general expenses,except as may be expressly included in Article 7; .4 The Contractor's capital expenses,including interest on the Contractor's capital employed for the Work; 5 Except as provided in Section 7.7.3 of this Agreement,costs to correct defective,non-conforming work,or work damaged due to the negligence or failure of the Contractor,Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; .6 Any cost not specifically and expressly described in Article 7;and .7 Costs,other than costs included in Change Orders approved by the Owner,that would cause the Guaranteed Maximum Price to be exceeded; .8 Entertainment,business development meals,meals delivered to the job site,or similar expenses; m .9 Bonuses,profit sharing,incentive compensation and any other discretionary payments paid to anyone hired by the Contractor or paid to any Subcontractor or vendor,without the Owner's prior approval;and 10 Travel expenses of any kind,including aviation related expenses,of officers of the company,Project I Executives,Construction Executives, Senior Project Executives or above. ARTICLE 9 DISCOUNTS, REBATES AND REFUNDS § 9.1 Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if(1)before making the payment,the Contractor included them in an Application for Payment and received payment from the Owner,or(2) the Owner has deposited funds with the Contractor with which to make payments; otherwise,cash discounts shall accrue to the Contractor.Trade discounts,rebates,refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner,and the Contractor shall make provisions so that they can be obtained. AIA Document A102T"—2007(formerly A111 T°"—1997).Copyright©1920,1925,1951,1958,1961,1963,1967,1974,1978,1987,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and International Treaties. 8 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 01/16/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1347249016) User Notes: § 9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 9.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE 10 SUBCONTRACTS AND OTHER AGREEMENTS § 10.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own forces, defined as the Contractor's own personnel or employees, shall be performed under subcontracts or purchase agreements with the Contractor. .The Owner may designate specific persons from whom,or entities from which,the Contractor shall obtain bids.The Contractor shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect.The Owner shall then determine,with the advice of the Contractor and the Architect,which bids will be accepted.The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. § 10.2 When a specific bidder(L)is recommended to the Owner by the Contractor,(2)is qualified to perform that portion of the Work;and(3)has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions,but the Owner requires that another bid be accepted, after the GMP has been established, then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 10.3 Subcontracts,purchase orders,or other agreements shall conform to the applicable payment provisions of this Agreement,and shall not be awarded on the basis of cost plus a fee without a guaranteed maximum price or lump sum price. If a Subcontract or purchase order is awarded on the basis of the cost-plus a fee with a guaranteed maximum price,,the Contractor shall provide in the Subcontract or purchase order for the Owner to receive the same audit rights with regard to the Subcontractor or supplier as the Owner receives with regard to the Contractor in Article 11,below. ARTICLE 11 ACCOUNTING RECORDS The Contractor shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred.The accounting and control systems shall be satisfactory to the Owner.The Owner and the Owner's auditors shall,during regular business hours and upon reasonable notice,on at least a monthly basis,be afforded access to,and shall be permitted to audit and copy,the Contractor's records and accounts,including complete documentation supporting accounting entries,books, correspondence, instructions,drawings,receipts,subcontracts, Subcontractor's proposals,purchase orders,vouchers,memoranda and other data relating to this Contract.The Contractor shall preserve these records for a period of three years after final payment,or for such longer period as may be required by law. ARTICLE 12 PAYMENTS § 12.1 PROGRESS PAYMENTS § 12.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 12.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: § 12.1.3 Provided that a notarized Application for Payment is received by the Architect and the Owner not later than the Fifth day of a month,the Owner shall make payment of the certified amount to the Contractor not later than the Fifth day of the following month.If an Application for Payment is received by the Architect and Owner after the application date fixed above, payment shall be made by the Owner not later than Thirty(30)days after the Architect and Owner receive the notarized Application for Payment. § 12.1.4 With each Application for Payment,the Contractor shall submit payrolls,petty cash accounts,receipted invoices or invoices with check vouchers attached,and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or Init. AIA Document A102TM—2007(formerly All 11 T°'—1997).Copyright©1920,1925,1951,1958,1961,1963,1967,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be 9 / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 01116/2014 under Order No.2777914493_1 which expires on 11124/2014,and is not for resale. User Notes: (1347249016) exceed(1)progress payments already received by the Contractor;less(2)that portion of those payments attributable to the Contractor's Fee;plus(3)payrolls for the period covered by the present Application for Payment. § 12.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work,except that the Contractor's Fee shall be shown as a single separate item.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. § 12.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.The percentage of completion shall be the lesser of(1)the percentage of that portion of the Work which has actually been completed;or(2)the percentage obtained by dividing (a)the expense that has actually been incurred by the Contractor on account of that portion of the Work for which the Contractor has made or intends to make actual payment prior to the next Application for Payment by(b)the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 12.1.7 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values.Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201-2007; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work,or if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing; .3 Add the Contractor's Fee,less retainage of Five percent(5%).The Contractor's Fee shall be computed ,n:r upon the Cost of the Work at the rate stated in Section 5.1.1 or,if the Contractor's Fee is stated as a fixed sum in that Section,shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of Five percent(5%)from that portion of the Work that the Contractor self-performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall,if any,indicated by the Contractor in the documentation required by Section 12.1.4 to substantiate prior Applications for Payment,or resulting from errors subsequently discovered by the Owner's auditors in such documentation;and .7 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 12.1.8 The Owner and the Contractor shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors. The Contractor shall not hold more than 5%retainage on Subcontracts. The Contractor shall execute subcontracts in accordance with those agreements. § 12.1.9 In taking action on the Contractor's Applications for Payment,the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the Architect has made a detailed examination,audit or arithmetic verification of the documentation submitted in accordance with Section 12.1.4 or other supporting data;that the Architect has made exhaustive or continuous on-site inspections;or that the Architect has made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations,audits and verifications,if required by the Owner,will be performed by the Owner's auditors acting in the sole interest of the Owner. § 12.2 FINAL PAYMENT § 12.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when AIA Document A102TM—2007(formerly A111 TM—1997).Copyright©1920,1925,1951,1958,1961,1963,1967,1974,1978,1987,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and International Treaties. 10 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 01/16/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1347249016) User Notes: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007,and to satisfy other requirements,if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work and a final Application for Payment;and .3 a final Certificate for Payment has been issued by the Architect. § 12.2.2 The Owner's auditors will review and report in writing on the Contractor's final accounting within 30 days after delivery of the final accounting to the Architect by the Contractor.Based upon such Cost of the Work as the Owner's auditors report to be substantiated by the Contractor's final accounting,and provided the other conditions of Section 12.2.1 have been met,the Architect will,within seven days after.receipt of the written report of the Owner's auditors,either issue to the Owner a final Certificate for Payment with a copy to the Contractor, or notify the Contractor and Owner in writing of the Architect's reasons for withholding a certificate as provided in Section 9.5.1 of the AIA Document A201-2007. The time periods stated in this Section 12.2.2 supersede those stated in Section 9.4.1 of the AIA Document A201-2007.The Architect is not responsible for verifying the accuracy of the Contractor's final accounting. § 12.2.3 If the Owner's auditors report the Cost of the Work as substantiated by the Contractor's final accounting to be less than claimed by the Contractor,the Contractor shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201-2007.A request for mediation shall be made by the Contractor within 30 days after the Contractor's receipt of a copy of the Architect's final Certificate for Payment. Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Contractor.Pending a final resolution of the disputed amount,the Owner shall pay the Contractor the amount certified in the Architect's final Certificate for Payment. § 12.2.4 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment. § 12.2.5 If,subsequent to final payment and at the Owner's request, the Contractor incurs costs described in Article 7 and not excluded by Article 8 to correct defective or nonconforming Work,the Owner shall reimburse the Contractor such costs and the Contractor's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment,but not in excess of the Guaranteed Maximum Price.If the Contractor has participated in savings as provided in Section 5.2,the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Contractor.The Owner shall not be required to reimburse the Contractor to correct defective or nonconforming Work of Subcontractors or Sub-subcontractors,or Work which is covered under any policies of insurance. ARTICLE 13 DISPUTE RESOLUTION § 13.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007,unless the parties appoint below another individual,not a party to the Agreement,to serve as Initial Decision Maker. (Paragraphs deleted) § 13.2 BINDING DISPUTE RESOLUTION For any Claim subject to,but not resolved by mediation pursuant to Section 15.3 of AIA Document A201-2007,the method of binding dispute resolution shall be (Paragraphs deleted) 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. ARTICLE 14 TERMINATION OR SUSPENSION § 14.1 Subject to the provisions of Section 14.2 below,the Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. (Paragraphs deleted) Init. AIA Document A102-—2007(formerly A11IT'—1997).Copyright©1920,1925,1951,1958,1961,1963,1967,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be 11 / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 01/16/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1347249016) ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 15.2 (Paragraphs deleted) 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. § 15.3 The Owner's representative: City of Aspen 130 South Galena Street Aspen,Colorado Contact:Chris Everson,Project Manager Phone: (970)429-1834 Fax:(970)544-5378 chris everson(a�cityofaspen.com § 15.4 The Contractor's representative: Bruce Gentry R.A.Nelson,LLC PO Drawer 5400 Avon,CO 81620 Phone: (970)963-3558 Fax: (970)963-3179 bgentry@ranelson.com § 15.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days'written notice to the other party. § 15.6 The Architect's representative: OZ Architecture 3003 Larimer Street Denver,CO 80205 Phone:(303)861-5704 Fax:(303)861-9230 Contact:Eduardo Illanes eillanes(a—ozarch.com § 15.7 The Construction Manager's representative: Rider Levett Bucknall 1675 Larimer Street,Suite 470 Denver,CO 80202 Phone:(720)904-1480 Fax:(720)904-1481 Contact:Rob Taylor Rob TaylorAus.rlb.com § 15.8 The Commissioning Agent's representative: Engineering Economics,Inc. ` AIA Document A102TI—2007(formerly A111 TM—1997).Copyright©1920,1925,1951,1958,1961,1963,1967,1974,1978,1987,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and International Treaties. 12 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 0146/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1347249016) User Notes: 780 Simms Street, Suite 210 Golden,CO 80401 Phone: (303)239-8700 Fax:(303)239-9982 Contact: Jarrell Wenger ARTICLE 16 ENUMERATION OF CONTRACT DOCUMENTS § 16.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated in the sections below. I § 16.1.1 The Agreement is this executed AIA Document A102-2007, Standard Form of Agreement Between Owner and Contractor,as amended. § 16.1.2 The General Conditions are AIA Document A201-2007,General Conditions of the Contract for Construction,as amended. § 16.1.3 The Supplementary and other Conditions of the Contract: None. Document Title Date Pages § 16.1.4 The Specifications: Project Manual,Volume I and II(Specifications),dated 6/25/2013 § 16,1.1 The Drawings: •Project master drawing package(Conformance set files#1 through#10) -Volume 2 vertical construction drawing list including"T"and"A"plan sheets,updated October 2013 -Volume 3 vertical construction drawing list including"S", "M", "P","E"and"FP"plan sheets,updated October 2013 -Volume 5 civil construction drawing package including"C", "D", "L","I", "P1", "E1"and"FP1"civil plan sheets, updated September 2013 -Exponential Engineering Medium Voltage Design drawings, dated 8/29/2012 •REG Solar Thermal Project Narrative,dated 12/10/2010 •RFIs required for inclusion,dated 9/19/2013 •ASI's required for inclusion,dated 9/19/2013 •RFP Question Worksheet,dated 10/17/2013 § 16.1.6 The Addenda,if any: None. Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 16. § 16.1.7 Additional documents,if any, forming part of the Contract Documents: I .1 AIA Document E201TM-2007,Digital Data Protocol Exhibit,if completed by the parties,or the. following: To be determined at a later date by the Team. .2 Other documents,if any, listed below: Exhibit A-City of Aspen Request for Proposals:Burlingame Ranch Phase IIAii Vertical Construction Multifamily Buildings 5-7,bid date: October 18,2013 Init. AIA Document A102TA°—2007(formerly A111 M—1997).Copyright©1920,1925,1951,1958,1961,1963,1967,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be 13 / prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 01/16/2014 under Order No.2777914493-1 which expires on 11/24/2014,and is not for resale. User Notes: (1347249016) Exhibit B—OCIP Addendum Exhibit C—Burdened Hourly rates Exhibit D—GMP Summary Exhibit E—GMP Schedule of Values Exhibit F—Schedule ARTICLE 17 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance,which is not provided by the Owner under the Owner Controlled Insurance Program("OCIP"),and provide bonds as set forth in Article 11 of AIA Document A201-2007. See Exhibit B,OCIP Addendum.. (Table deleted) This Agreement entered into as of the day and year first written above. CITY O ASPEN R.A.NELSON,L C AOWIR ure) CONT (Signat re) Steven Skadron,Mayor Bruce Gentry,Vice President (Row deleted) AIA Document A102W—2007(formerly A111 TM—1997).copyright©1920,1925,1951,1958,1961,1963,1967,1974,1978,1987,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and International Treaties. 14 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 01/16/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1347249016) User Notes: Additions and Deletions Report for AIA®Document A 102"M— 2007 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 12:55:42 on 01/16/2014. PAGE 1 AGREEMENT made as of the a°y e� 27th day of January in the year 2014 (��affle,legal status,address end other-infemiatie*) City of Aspen 130 South Galena Street Aspen,Colorado 81611 R.A.Nelson,LLC,a Delaware limited liabilit y company P.O.Drawer 5400 Avon,CO 81620 fFlr th_eoi . -for the following Project• Burlingame Ranch Phase IIAii Vertical Construction Multifamily Buildings 5-7,including but not limited to Civil Infrastructure earthwork and utilities and Ancillary parking structures and Vertical construction and Site work and landscaping_ Harmony Road Aspen,Colorado The Architect: OZ Architecture 3003 Larimer Street Denver,CO 80205 PAGE The Contract Documents consist of this Agreement,as amended,Conditions of the Contract(General,Supplementary and other Conditions),Drawings, Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement,all of which form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, Additions and Deletions Report for AIA Document A102T^—2007(formerly A111 TM—1997).Copyright 01920,1925,1951,1958,1961,1963,1967,1974, 1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and crimin 1 penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:4 al 2 on 01/16/20 in under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1347249016) representations or agreements,either written or oral.If anything in the other Contract Documents,other than a Modification,is inconsistent with this Agreement,this Agreement shall govern. The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Contractor's skill and best professional judgment in furthering the interests of the Owner;to furnish efficient business administration and supervision;to furnish at all times an adequate supply of workers and materials;and to perform the Work in an expeditious and economical manner consistent with the Owner's interests.The Owner agrees to furnish and approve,in a timely manner,information required by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents. PAGE 3 § 4.1 The date of commencement of the Work shall be�he deAe ef this Agree t upAess a a.f c fixed in a notice to proceed issued by the Owner. (Inseft the men�i f i t di ff�r-s ffem the date ef this Agr-eement ef,if applieable,state that the d4e wil be fi x ed in a fietiee-tepfec-eed-.) if-, e fi "I be The Owner requires time to apply for and obtain the necessary building permits,as follows: The construction of the Work will commence by approximately April 1,2014. § 4.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ^was follows: Building 5: 1/21/2015 Building 6: 1/28/2015 Building 7: 2/4/2015 Final landscaping Building 5 to 7: 6/12/2015 fT- evisions,if any for-1*idated damages relating to ai1twe to aehieva Substantial Completion On time,or-fef 4.4 LIQUIDATED DAMAGES Should the Contractor fail to substantially complete the Work on or before the date of Substantial Completion for each building set forth in the Contract Documents as adjusted by Change Order,the Owner shall deduct from any monies due or which may become due to Contractor,a sum as specified therein for each and every calendar day for each building that the Work shall remain uncompleted One building may be defined as two"Pods." This sum shall be considered not as penalty but as the cost(s)of additional field and office expenses additional consultants fees and other expenses incurred by the Owner,caused by such delays. Additions and Deletions Report for AIA Document A10211—2007(formerly A111 T"—1997).Copyright©1920,1925,1951,1958,1961,1963,1967,1974, 1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.copyright Law 2 and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 01/16/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1347249016) User Notes: §.5 SCHEDULE OF LIQUIDATED DAMAGES: Owner shall deduct from Contractor Two Thousand Dollars($2,000 Dollars)pper building for each day after the Date of Substantial Completion for each building set forth in the Contract Documents until the Work is substantially complete,as that term is defined in A201 Section 9.8. The parties acknowledge and agree that the daily amounts set forth above for liquidated damages are reasonable due to increased costs of administrating the Contract,and increased consultants' expenses incurred by the Owner due to delays in completion. § 5.1.1 The Contractor's Fee: the Cost of the Work. 5.0%of § 5.1.1.1 The Contract Sum identified in Section 5 1.1 above includes within it an amount for General Conditions which is subject to additions and deductions by Change Order as provided in the Contract Documents General Conditions will be billed at actual costs. Contractor must not move Work from General Conditions to subcontract trades or self-performed work without a signed Change Order. 5.0%of the Cost of the Work for Work performed by the Contractor's Subcontractors included in the change,in accordance this Article 7 of the A201 General Conditions and 10%of the Cost of the Work for Work performed by the Contractor's own forces included in the change. § 5.1.3 Limitations;ifaiiy,-Limitations on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work! Work shall be governed by Article 7.1 of the A201 General Conditions § 5.1.4 Rental rates for Contractor-owned equipment shall not exceed One Hundred percent( 100%)of the standard rate paid by the Contractor at the place of the Project. § 5.1.5 Unit prices,if any: (identify and state the unit priee;state the the up&pr4ee—Q!be None. PAGE 4 § 5.2.1 The Contract Sum is guaranteed by the Contractor not to exceed($—+,Eleven Million,Two Hundred Ninety-Seven Thousand,One Hundred Fourteen and no/100 Dollars($11,297,114.00),subject to additions and deductions by Change Order as provided in the Contract Documents.Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price.Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. The amount by which the sum of the(i)actual Cost of the Work plus(ii)the Contractor's Fee is less than the Guaranteed Maximum Price("Savings")shall be shared between the Owner and Contractor. The sharing ratio shall be fifty percent(50%)to the Owner and fifty percent(50%)to the Contractor. The Contractors portion of the Savings shall be paid at the time of the Final Payment as provided for in the Agreement Additions and Deletions Report for AIA Document A102T' —2007(formerly A111 TM—1997).Copyright©1920,1925,1951,1958,1961,1963,1967,1974, 1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal 3 penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 01/16/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1347249016) There are no Alternates included in the Guaranteed Maximum Price at this time. 1 Repair existing infrastructure hardscape $ 10,000.00 2 Site Signage Allowance $ 3.000.00 3.3"Irrigation Mainline with Control Wire$11.00/LF $ 11.00/LF 4 Drywall Patch/Reconfiguration Allowance $ 10,000.00 5.RFI 109-213 Allowance $ 50,000.00 6.Weather Conditions Allowance $ 38.000.00 7 Subcontractor Buyout Allowance $100,000.00 8 Off Site General Liability$1 0 M Umbrella Coverage Allowance $ 94,000.00 § 5.2.4 Assumptions,if any,on which the Guaranteed Maximum Price is based: None. § 6.2 In calculating adjustments to subeentraets(eiceept hese awarded with the Owner's prior-eensent en the basis e eest phis a fee),*h,subcontracts,the terms"cost" and"fee"as used in Section 7.3.3.3 of AIA Document A201-2007 and the term"costs"as used in Section 7.3.7 of AIA Document A201-2007 shall have the meanings assigned tot em in AIA Document A201-2007 and shall not be modified by Articles 5,7 and 8 of this Agreement.Adjl+stin° + t_ t -- ef these ..i.,.o t-,eta PAGE 5 § 6.4 If Wer*,or-if-the extent of such changes is such,in the aggregate,that application of the adjustment provisions of Article 5 will cause substantial inequity to the Owner or Contractor,the Contractor's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work,and the Guaranteed Maximum Price shall be adjusted accordingly. § 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Contractor in the proper performance of the Work.Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner.Owner and Contractor hereby agree that actual agreed upon costs for Burdened Hourly Wage rates and equipment rates are the stipulated fixed rates to be set forth on Exhibit C,and such rates are not subject to further audit or adjustment.The Cost of the Work shall include only the items set forth in this Article 7. § 7.2.1 Wages of construction workers directly employed by the Contractor to perform the construction of the Work at the site or,with the Owner's prior approval,at off-site workshops. Overtime for non-exempt employees maybe charged at 1.5 times the Burdened Hourly Rates. § 7.2.2 Wages or salaries of the Contractor's supervisory and administrative personnel when stationed at the site with the Owner's prior appr-eval: part of their-time,affd the rates at which their-tifne mx ehafged tE) approval based on actual hours devoted to the Protect. Salaried exempt employees of Contractor will not be paid an overtime premium,and will not Additions and Deletions Report for AIA Document A102T1°—2007(formerly A111 TM—1997).Copyright©1920,1925,1951,1958,1961,1963,1967,1974, 1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Are Document is protected by U.S.copyright Law 4 and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software a 112:55:42 on 01/16/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1347249016) User Notes: charge the Proiect for more than 40 hours in any week. Wages or salaries of officers of the company,Proiect Executives,Construction Executives, Senior Project Executives or above will not be reimbursed under any circumstances. Contractor's approved supervisory and administrative personnel for Phase IIAii Vertical Construction Multifamily Buildings 5-7 include a Superintendent,an Assistant Superintendent,and a Project Manager at the rates to be identified in Exhibit C. These rates must not include allocation for subsistence,per diems,housing,travel,vehicle allowances, gas,merit pay,incentive pay,profit sharing or bonuses,other than as may be included in the Burdened Hourly Rate cost breakdown submitted to and approved by the City and incorporated into this Agreement. § 7.2.3 Wages and salaries of the Contractor's supervisory or administrative personnel engaged at factories, workshops or on the road,in expediting the production or transportation of materials or equipment required for the Work,but only for that portion of their time required for the Work Work and devoted to the Proiect. Salaried,exempt employees of Contractor will not be paid an overtime premium,and will not charge the Project for more than 40 hours in any week. § 7.2.3.4 Contractor's project personnel stationed at the Contractor's principal office or offices other than the site office,will not be charged to this Project without the Owner's prior written approval. With the Owner's prior approval,such personnel will be paid based on actual hours devoted to the Proiect at the rates to be listed in the approved Burdened Hourly Rates schedule in Exhibit C. With the Owner's prior approval,reasonable travel and temporary living expenses are allowed for such employees. Salaried,exempt employees of Contractor will not be paid an overtime premium,and will not charge the Proiect for more than 40 hours in any week. Wages or salaries of officers of the company,Proiect Executives,Construction Executives, Senior Project Executives or above will not be reimbursed under any circumstances. § 7.2.4 Costs paid or incurred by the Contractor for taxes,insurance,contributions,assessments and benefits required by law or collective bargaining agreements and,for personnel not covered by such agreements,customary benefits such as sick leave,medical and health benefits,holidays, vacations and pensions,provided such costs are based on wages and salaries included in the Cost of the Work under Sections 7.2.1 through 7.2.3.7.2.3 are included in the Burdened Hourly Rates to be identified on Exhibit C,attached hereto,and will not be paid in addition to the Burdened Hourly Rates.. § 7.2.5 Bonuses,pfefit shafing, the Genl.^^t^..^ paid to any Sub eemHr.,..t..--A.-- ender- with the Owner's prier- t.Intentionally deleted. PAGE 6 Payments made by the Contractor to any Subcontractors in accordance with the requirements of the subeontracts.of the subcontracts on the Project will be considered a Cost of the Work and the Contractor will be entitled to no more than the fee in Section 5.1.1 on Subcontract costs. § 7.6.1 Premiums for that portion of insurance and bonds,at actual cost,required by the Contract Documents that can be directly attributed to this Contract. Self:nsu-anee f either-furl Pal4W^ is of the required by the GentFaet Poeuments ith the Owner-'s prior- r-eval. of the Guaranteed Maximum Price may be based on percentages,however payment to the Contractor will be based on actual cost. § 7.6.2 Sales,use or similar taxes imposed by a governmental authority that are related to the Work and for which the Contractor is liable.liable and which are not exempt under the City's Tax Exemption. PAGE 7 § 7.6.6 Costs for electronic equipment and sett are,eec uipment,cell phones,computers and software,office furniture and office equipment,directly related to the Work with the Owner's prior approval.The total rental cost of any rental item,excluding the cost of insurance,repairs and maintenance,whether a Contractor-owned item or otherwise,may not exceed the purchase price of any comparable item. Items purchased for the Project as a direct cost charged to the Proiect belong to the Owner. Additions and Deletions Report for AIA Document A102 TM-2007(formerly All 11 TM-1997).Copyright©1920,1925,1951,1958,1961,1963,1967,1974, 1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law 5 and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 01/16/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1347249016) Contractor shall provide Owner with an equipment management plan which identifies the following: .1 All equipment to be used on the Proiect; and 2 Competitive market rental rates for the equipment including whether the equipment can be rented on an hourly,weekly or monthly basis; and 3 A recommendation regarding whether it is in the Owner's best interest to purchase the equipment outright or to rent the equipment;and 4 Which equipment may be provided by the Contractor,at rates not to exceed the competitive market rates. §7.6.6.5 Equipment including but not limited to electronic equipment,machinery,cell phones computers and software office furniture supplies and office equipment purchased and charged to the Project as a Cost of the Work shall become the property of the Owner.The Owner may require Contractor to turn these items over to the Owner at the end of the Project Any lease/purchase rental arrangements must be disclosed to the Owner. If the Contractor purchases equipment under a lease/purchase arrangement whereby rental payments are charged to Owner as a Cost of the Work an appropriate credit shall be given to the Owner for the fair market value of the equipment at the time it was last used on the Proiect. For Contractor-owned equipment,the Contractor shall maintain daily equipment usage reports The Owner shall not be charged for equipment which is stored on the job site but not in regular use.The equipment use reports shall be used by the Contractor to determine the most economical billing rate(hourly,weekly, monthly)to the Owner. § 7.6.8 Legal,mediation and arbitration costs,including attorneys' fees,other than those arising from disputes between the Owner and Contractor,and other than those related to claims filed by subcontractors or material suppliers for non-payment on the Project,reasonably incurred by the Contractor after the execution of this Agreement in the performance of the Work and with the Owner's prior approval,which shall not be unreasonably withheld. § 7.6.9 Subject to the Owner's prior approval, Wer-IFtemporary living and subsistence expenses approved by Owner incurred for the Contractor's personnel identified in A.3.1.3.2 above and required for the Work on this Proiect. Meals will not considered temporary living expenses and will not be reimbursed.The Owner reserves the right to approve accommodations for Contractor's personnel in advance and to find them alternate accommodations in the event that the Owner does not approve of their proposed accommodations.. § 7.6.10 That portion of the reasonable expenses of the Contractor's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Wert-performance of the Work on this Proiect,at the rates on Exhibit C which have been approved by the Owner in writing.Travel expenses of officers of the company,Proiect Executives Construction Executives Senior Project Executives or above will not be reimbursed under any circumstances. § 7 611 General Conditions will be paid monthly, on the basis of actual costs incurred,but only when supported by evidence satisfactory to the Owner. PAGE 8 § 7.7.3 Costs of repairing or correcting damaged or neneenf fmift Work executed by the Contractor,Subcontractors or suppliers,provided that such damaged erxeeeenfefmintWork was not caused by eegl-igenc-e-negligence,failure to conform to the Contract Documents,or failure to fulfill a specific responsibility of the Contractor and only to the extent that the cost of repair or correction is not recovered by the Contractor from insurance, sureties, Subcontractors, suppliers,or others. .1 Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principal office or offices other than the site office,of officers of the company,Proiect Executives,Construction Executives, Senior Proiect Executives or above, except as specifically provided in Section 7.2.or as may be provided in Article 15; Additions and Deletions Report for AIA Document A1021"—2007(formerly A111 TM—1997).Copyright©1920,1925,1951,1958,1961,1963,1967,1974, 1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law 6 and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 01/16/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1347249016) .5 Except as provided in Section 7.7.3 of this Agreement,costs to correct defective non-conformin work,or work damaged due to the negligence or failure of the Contractor,Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; .7 Costs,other than costs included in Change Orders approved by the Owner,that would cause the Guaranteed Maximum Price to be :exceeded; .8 Entertainment business development meals meals delivered to the 'ob site or similar expenses; 9 Bonuses,profit sharing,incentive compensation and any other discretionary payments paid to anyone hired by the Contractor or paid to any Subcontractor or vendor,without the Owner's prior approval and .10 Travel expenses of any kind including aviation related expenses of officers of the company,Project Executives Construction Executives Senior Project Executives or above. PAGE 9 § 10.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own forces, defined as the Contractor's own personnel or employees,shall be performed under subcontracts or by-ethe� apprepi-liate-purchase agreements with the Contractor._The Owner may designate specific persons from whom,or entities from which,the Contractor shall obtain bids.The Contractor shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect.The Owner shall then determine,with the advice of the Contractor and the Architect,which bids will be accepted. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. § 10.2 When a specific bidder(1)is recommended to the Owner by the Contractor;(2)is qualified to perform that portion of the Work;and(3)has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions,but the Owner requires that another bid be accepted,after the GMT has been established then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 10.3 Subcontracts,purchase orders or other agreements shall conform to the applicable payment provisions of this Agreement,and shall not be awarded on the basis of cost plus a fee without the prier eensen ef'the ,a guaranteed maximum price or lump sum price If a Subcontract or purchase order is awarded on the basis of the cost-plus a fee with a guaranteed maximum price the Contractor shall provide in the Subcontract or purchase order for the Owner to receive the same audit rights with regard to the Subcontractor or supplier as the Owner receives with regard to the Contractor in Article 11,below. The Contractor shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred.The accounting and control systems shall be satisfactory to the Owner.The Owner and the Owner's auditors shall,during regular business hours and upon reasonable notice,on at least a monthly basis be afforded access to,and shall be permitted to audit and copy,the Contractor's records and accounts,including complete documentation supporting accounting entries,books, correspondence, instructions,drawings,receipts,subcontracts,Subcontractor's proposals,purchase orders,vouchers,memoranda and other data relating to this Contract.The Contractor shall preserve these records for a period of three years after final payment,or for such longer period as may be required by law. Additions and Deletions Report for AIA Document A102TM—2007(formerly A111 TM—1997).Copyright©1920,1925,1951,1958,1961,1963,1967,1974, 1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA1 Document is protected 61 U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion cu it,may result in severe civil and criminal 7 penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at ever 42 on 01/16/imin under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1347249016) § 12.1.3 Provided that an-a notarized Application for Payment is received by the Architect and the Owner not later than the Fifth day of a month,the Owner shall make payment of the certified amount to the Contractor not later than the Fifth day of the following month.If an Application for Payment is received by the Architect and Owner after the application date fixed above,payment shall be made by the Owner not later than Thirty(30)days after the Architect and Owner receive the notarized Application for Payment. PAGE 10 3 Add the Contractor's Fee,less retainage of Five percent(5%).The Contractor's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1.1 or,if the Contractor's Fee is stated as a fixed sum in that Section,shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of Five percent(5%)from that portion of the Work that the Contractor self-performs; § 12.1.8 The Owner and the Contractor shall agree upon a(}mutually acceptable procedure for review and approval of payments to held en Subcontractors. The Contractor shall not hold more than 5%retainage on Subcontracts. The Contractor shall execute subcontracts in accordance with those agreements. PAGE 11 § 12.2.4 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for P ` as`ellaW Payment. § 12.2.5 If,subsequent to final payment and at the Owner's request,the Contractor incurs costs described in Article 7 and not excluded by Article 8 to correct defective or nonconforming Work,the Owner shall reimburse the Contractor such costs and the Contractor's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment,but not in excess of the Guaranteed Maximum Price.If the Contractor has participated in savings as provided in Section 5.2,the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Contractor.The Owner shall not be required to reimburse the Contractor to correct defective or nonconforming Work of Subcontractors or Sub-subcontractors or Work which is covered under any policies of insurance. other s -tl- Arehiteef 1 ' For any Claim subject to,but not resolved by mediation pursuant to Section 15.3 of AIA Document A201-2007,the method of binding dispute resolution shall be as Additions and Deletions Report for AIA Document A102——2007(formerly A111 T"—1997).Copyright©1920,1925,1951,1958,1961,1963,196 Law 8 1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected b U.S.copyright and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 01/16/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1347249016) User Notes: r 1 A fbit_ cirnro t to Seetief, 15.4 F AIA A Tl t A201 200� r 1 Other-/Q« 'I 1 L J lifi ation.Venue and 'urisdiction for any suit brought to enforce the terms of this Agreement shall be in Pitkin Countv District Court. State of Colorado § 14.2 if the 0,,Nmer-teRi..inates the G@"tfaet for-eatis@ as pr-evided in Miele 14 of AIA Paeument A201 2007,th afflettfi�if an5-, to be paid te the Gontfaetef tmdef Seetion 14.2.4 efAhk Peetiment A201 2007 shall not eause th -1 Take the-Cest of the WME ineuffed by the Cantraetor-to the date of tenflinatjen; .2 Add the Centraetef's Fee eemputed upon the Cost ef the Wofk to the Elate eftef:minati on at the rate Ownef,fef any equipment ev�iied by the Gentfaeter-that the Owner-eleets to r-etain and that is net ethef-wise inehided in the Gast of the Work tmd@F Seetion 14.2.1.TO the eXtefit that the ON"ff eleets to take legal assipffnent of subeentr-aet r-efi�i+ed te in this Miele 14,e*eeute and delivef:all sueh papef:s and take all sueh steps,ineluding the legal assigpiinent § 14.4 The 3AIME may be suspended by the 0-Affier as pr-evided in Aftiele 14 ef AIA Poetifnefit A201 2007;in sueh ease,the GuiifwIteed Ma*imum Pr-iee and Gentfaet Time shall be inefeased as pfeNided in Seetien 14.3.2 of Doeument A201 2007,exeept that the tenn"profit" shall be understood to mean the Centfaetor-'s Fee as desefibed i PAGE 12 § 15.2 N54nefits due and unpaid under-the Gantr-aet shall bear interest 4am the date payment is due at the fate stated below,or-in the absenee ther-e&,,at the legal r-ate pr-evailing 4om tifne to time at the plitee where the PFojeet is leeated. (bqser4 Fate ef interest agreed upen, *any) .3; Interest on amounts ultimately determined to be due to a Contractor or the City shall be payable at the statutory rate applicable to iudgments from the date the claim arose through the date of decision or judgment whichever is later. Aspen Municipal Code Sec.4.16 070 Interest (AWnqe-, address and oAeF4pq�&�� City of Aspen 130 South Galena Street Aspen,Colorado Contact: Chris Everson,Project Manama Additions and Deletions Report for AIA Document A102 T' —2007(formerly A111 TM—1997).Copyright©1920,1925,1951,1958,1961,1963,1967,1974, 1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and Intemational Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal 9 penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 01/16/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1347249016) Phone:(970)429-1834 Fax:(970)544-5378 RAT address and ether in f .matien Bruce Gentry R.A.Nelson,LLC PO Drawer 5400 Avon,CO 81620 Phone:(970)963-3558 Fax: (970)963-3179 bgentry(�_branelson.com § 15.6 Other-pr-eviskmThe Architect's representative: OZ Architecture 3003 Latimer Street Denver,CO 80205 Phone:(303)861-5704 Fax:(303)861-9230 Contact:Eduardo Illanes eillanes(a_ozarch.com 15.7 The Construction Manager's representative: Rider Levett Bucknall 1675 Larimer Street,Suite 470_ Denver,CO 80202 Phone:(720)904-1480 Fax:(720)904-1481 Contact:Rob Taylor Rob.TaylorAus.rlb.com § 15.8 The Commissioning Agent's representative: Engineering Economics,Inc. 780 Simms Street,Suite 210 Golden,CO 80401 Phone: (303)239-8700 Fax:(303)239-9982 Contact: Jarrell Wenger PAGE 13 § 16.1.1 The Agreement is this executed AIA Document A102-2007, Standard Form of Agreement Between Owner and Ce Contractor,as amended. § 16.1.2 The General Conditions are AIA Document A201-2007,General Conditions of the Contract for n6en-.Construction,as amended. § 16.1.3 The Supplementary and other Conditions of the Contract: None. Additions and Deletions Report for AIA Document A102 T'—2007(formerly All 11 TM—1997).Copyright©®920,1925,1951,1958,1961,1963,1967,1974, 1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law 10 and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 01/1612014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1347249016) User Notes: Proiect Manual,Volume I and If(Specifications) dated 6/25/2013 Sestfep Title gate Rages •Project master drawin ackage (Conformance set files#1 throu hg #10) -Volume 2 vertical construction drawing list including"T"and"A"plan sheets updated October 2013 -Volume 3 vertical construction drawing list including"S" "M" "P" "E"and"FP"plan sheets updated October 2013 -Volume 5 civil construction drawing package including"C" "D" "L" "I" "Pi I,, "E1"and"FP1"civil plan sheets updated September 2013 -Exponential Engineering Medium Voltage Design drawings,dated 8/29/2012 •REG Solar Thermal Project Narrative dated 12/10/2010 •RFIs required for inclusion dated 9/19/2013 •ASI's required for inclusion dated 9/19/2013 •RFP Question Worksheet dated 10/17/2013 Numb Title gate § 16.1.6 The Addenda,if any: None. .1 AIA Document E201T"-2007,Digital Data Protocol Exhibit,if completed by the parties,or the following: To be determined at a later date by the Team Bidders,(List here any additional deetiments that afe intended te f4m paA of the Gentmet Daeuments.AIA Doeumen A201 2007 pr-evides that bidding r-equif:etnents such as advef4isemew or-invitation to bid,lfls4uetiefis to sample kfffis aiid the Gantmeter-'s bid afe not paFt of the Gentr-aet Daeuments unless eiiumer-ated in this Agreement. They should be listed here enly if intended te be pat4 ef the Gentmet Deetiments.) Exhibit A-City of Aspen Request for Proposals:Burlingame Ranch Phase IIAii Vertical Construction Multifamilv Buildings 5-7 bid date: October 18 2013 Exhibit B—OCIP Addendum Exhibit C—Burdened Hourly rates Exhibit D—GMP Summary Exhibit E—GMP Schedule of Values Exhibit F—Schedule PAGE 14 The Contractor shall purchase and maintain inquranee insurance,which is not provided by the Owner under the Owner Controlled Insurance Program COCIP") and provide bonds as set forth in Article 11 of AIA Document A201-2007. A201 ' .)See Exhibit B OCIP Addendum Type of insurance or hen Limit of liability or bond amount($0.00) CITY OF ASPEN R.A.NELSON LLC Additions and Deletions Report for AIA Document A102T'—2007(formerly All 1 T^'—1997).Copyright©1920,1925,1951,1958,1961,1963,1967,1974, 1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal 11 penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 01/16/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1347249016) Steven Skadron Mayor Bruce Gentry Vice President title)(Pr-intednalne and Additions and Deletions Report for AIA Document A102 T'—2007(formerly At 11 T"—1997).Copyright©1920,1925,1951,1958,1961,1963,1967,1974, 1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law 12 and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:55:42 on 01/16/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1347249016) User Notes: Cettification of Document's Authenticity AIA9 Document D401 TM — 2003 I,Janet La%0er McDaniel,hereby certify,to the best of my knowledge,information and belief.that I created the attached final document simultaneously With its associated Additions and Deletions Report and this certification at 12:55:42 on 01,116,12014 under Order No.2777914493.1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA' Document A 102TM--2007, Standard Form of Agreement Between Owner and Contractor There the basis ofpayment is the Cost of the Work Plus u a Fee with a Guaranteed klaxinnm Price,as published by the AIA in its sofixaare,other than those additions and deletions shomi in the associated Additions and Deletions Report. i (S;gnell) - ---- Mello AIA Document D40111—2003.Copyright,05 1992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This AIA` Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximrnn extent possible under the law.This document was produced by AIA software at 12 55:42 on 01116/2014 under Order No 2777914493 1 which expires on 11/24!2014,and is not for resale. User Notes: — (1347249016) v 4,ADocument A201 T11 - 2007 General Conditions of the Contract for Construction for the following PROJECT: Burlingame Ranch Phase IIAii Vertical Construction Multifamily Buildings 5-7 Harmony Road ADDITIONS AND DELETIONS: Aspen,Colorado The author of this document has added information needed for its THE OWNER: completion.The author may also have revised the text of the original City of Aspen AIA standard form.An Additions and 130 South Galena Street Deletions Report that notes added Aspen,Colorado 81611 information as well as revisions to the standard form text is available from THE ARCHITECT: the author and should be reviewed.A vertical line in the left margin of this OZ Architecture document indicates where the author has added necessary information 3003 Larimer Street and where the author has added to or Phone:(30033)861-5704 Denver, 80205 deleted from the original AIA text. Fax:(303)861-9230 This document has important legal Contact:Eduardo Illanes consequences.Consultation with an eillanes @ozarch.com attorney is encouraged with respect to its completion or modification. THE CONTRACTOR: R. A.Nelson,LLC,a Delaware limited liability company P.O.Drawer 5400 Avon,CO 81620 Phone:(970)963-3558 Fax: (970)963-3179 Contact:Bruce Gentry THE CONSTRUCTON MANAGER: Rider Levett Bucknall 1675 Larimer Street,Suite 470 Denver,CO 80202 Phone:(720)904-1480 Fax:(720)904-1481 Contact:Rob Taylor Rob.Tavlor us.rlb.com THE COMMISSIONING AGENT: Engineering Economics, Inc. 780 Simms Street, Suite 210 Golden,CO 80401 Phone: (303)239-8700 Fax:(303)239-9982 Contact: Jarrell Wenger Init. AIA Document A201T"—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the / maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/1512014 under Order No.2777914493 1 which expires on 11/24/2014,and is not for resale. — User Notes: (1918334263) i 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 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES AIA Document A201TM—2007.Copyright C 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible underthe law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11124/2014,and is not for resale. (1918334263) User Notes: INDEX Architect's Administration of the Contract (Topics and numbers in bold are section headings.) 3.1.3,4.2,3.7.4, 15.2,9.4.1,9.5 Architect's Approvals 2.4.1,3.1.3,3.5,3.10.2,4.2.7 Acceptance of Nonconforming Work Architect's Authority to Reject Work 9.6.6,9.9.3, 12.3 3.5,4.2.6, 12.1.2, 12.2.1 Acceptance of Work Architect's Copyright 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3, 12.3 1.1.7, 1.5 Access to Work Architect's Decisions 3.16,6.2.1, 12.1 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.2.14,6.3, Accident Prevention 7.3.7,7.3.9, 8.1.3, 8.3.1,9.2,9.4.1,9.5,9.8.4,9.9.1, 10 13.5.2, 15.2, 15.3 Acts and Omissions Architect's Inspections 3.2, 3.3.2,3.12.8,3.18,4.2.3,8.3.1,9.5.1, 10.2.5, 3.7.4,4.2.2,4.2.9,9.4.2,9.8.3,9.9.2,9.10.1, 13.5 10.2.8, 13.4.2, 13.7, 14.1, 15.2 Architect's Instructions Addenda 3.2.4,3.3.1,4.2.6,4.2.7, 13.5.2 1.1.1,3.11.1 Architect's Interpretations Additional Costs,Claims for 4.2.11,4.2.12 3.7.4,3.7.5,6.1.1,7.3.7.5, 10.3, 15.1.4 Architect's Project Representative Additional Inspections and Testing 4.2.10 9.4.2,9.8.3, 12.2.1, 13.5 Architect's Relationship with Contractor Additional Insured 1.1.2, 1.5,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1, 3.4.2,3.5, 11.1.4 3.7.4,3.7.5,3.9.2,3.9.3,3.10,3.11,3.12,3.16,3.18, Additional Time,Claims for 4.1.2,4.1.3,4.2, 5.2,6.2.2,7,8.3.1,9.2,9.3,9.4,9.5, 3.2.4,3.7.4,3.7.5,3.10.2,8.3.2, 15.1.5 9.7,9.8,9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, 15.2 Administration of the Contract Architect's Relationship with Subcontractors 3.1.3,4.2,9.4,9.5 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3, 9.6.4, 11.3.7 Advertisement or Invitation to Bid Architect's Representations 1.1.1 9.4.2,9.5.1,9.10.1 Aesthetic Effect Architect's Site Visits 4.2.13 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1, 9.9.2,9.10.1, 13.5 Allowances Asbestos 3.8, 7.3.8 10.3.1 All-risk Insurance Attorneys' Fees 11.3.1, 11.3.1.1 3.18.1,9.10.2, 10.3.3 Applications for Payment Award of Separate Contracts 4.2.5,7.3.9,9.2,9.3,9.4,9.5.1,9.6.3,9.7,9.10, 11.1.3 6.1.1,6.1.2 Approvals Award of Subcontracts and Other Contracts for 2.1.1,2.2.2,2.4,3.1.3,3.10.2,3.12.8,3.12.9,3.12.10, Portions of the Work 4.2.7,9.3.2, 13.5.1 5.2 Arbitration Basic Definitions 8.3.1, 11.3.10, 13.1.1, 15.3.2, 15.4 1.1 ARCHITECT Bidding Requirements 4 1.1.1,5.2.1, 11.4.1 Architect,Definition of Binding Dispute Resolution 4.1.1 9.7, 11.3.9, 11.3.10, 13.1.1, 15.2.5, 15.2.6.1, 15.3.1, Architect,Extent of Authority 15.3.2, 15.4.1 2.4.1,3.12.7,4.1,4.2,5.2, 6.3, 7.1.2, 7.3.7,7.4,9.2, Boiler and Machinery Insurance 9.3.1,9.4,9.5,9.6.3,9.8,9.10.1,9.10.3, 12.1, 12.2.1, 11.3.2 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Bonds,Lien Architect,Limitations of Authority and Responsibility 7.3.7.4,9.10.2,9.10.3 2.1.1,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1,4.2.2,4.2.3, Bonds,Performance,and Payment 4.2.6,4.2.7,4.2.10,4.2.12,4.2.13, 5.2.1,7.4,9.4.2, 7.3.7.4,9.6.7,9.10.3, 11.3.9, 11.4 9.5.3,9.6.4, 15.1.3, 15.2 Building Permit Architect's Additional Services and Expenses 3.7.1 2.4.1, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Init. AIA Document A201 T^'—2007.Copyright©1911,1915,1918,1®25,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the 3 / maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493 1 which expires on 11/24/2014,and is not for resale. — User Notes: (1918334263) Capitalization Compliance with Laws 1.3 1.6.1,3.2.3,3.6,3.7,3.12.10,3.13,4.1.1,9.6.4,10.2.2, Certificate of Substantial Completion 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 9.8.3,9.8.4,9.8.5 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Certificates for Payment Concealed or Unknown Conditions 4.2.1,4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7, 3.7.4,4.2.8,8.3.1, 10.3 9.10.1,9.10.3, 14.1.1.3, 14.2.4, 15.1.3 Conditions of the Contract Certificates of Inspection,Testing or Approval 1.1.1,6.1.1,6.1.4 13.5.4 Consent,Written Certificates of Insurance 3.4.2,3.7.4,3.12.8,3.14.2,4.1.2,9.3.2,9.8.5,9.9.1, 9.10.2, 11.1.3 9.10.2,9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2 Change Orders Consolidation or Joinder 1.1.1,2.4.1,3.4.2,3.7.4,3.8.2.3,3.11.1,3.12.8,4.2.8, 15.4.4 5.2.3,7.1.2,7.1.3,7.2,7.3.2,7.3.6,7.3.9,7.3.10,8.3.1, CONSTRUCTION BY OWNER OR BY 9.3.1.1,9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, SEPARATE CONTRACTORS 15.1.3 1.1.4,6 Change Orders,Definition of Construction Change Directive, Definition of 7.2.1 7.3.1 CHANGES IN THE WORK Construction Change Directives 2.2.1,3.11,4.2.8,7,7.2.1,7.3.1,7.4, 8.3.1,9.3.1.1, 1.1.1,3.4.2,3.12.8,4.2.8,7.1.1,7.1.2, 7.1.3,7.3, 11.3.9 9.3.1.1 Claims,Definition of Construction Schedules,Contractor's 15.1.1 3.10,3.12.1,3.12.2,6.1.3, 15.1.5.2 CLAIMS AND DISPUTES Contingent Assignment of Subcontracts 3.2.4,6.1.1,6.3,7.3.9,9.3.3,9.10.4, 10.3.3, 15, 15.4 5.4, 14.2.2.2 Claims and Timely Assertion of Claims Continuing Contract Performance 15.4.1 15.1.3 Claims for Additional Cost Contract,Definition of 3.2.4,3.7.4,6.1.1,7.3.9, 10.3.2, 15.1.4 1.1.2 Claims for Additional Time CONTRACT,TERMINATION OR 3.2.4,3.7.46.1.1, 8.3.2, 10.3.2, 15.1.5 SUSPENSION OF THE Concealed or Unknown Conditions,Claims for 5.4.1.1, 11.3.9, 14 3.7.4 Contract Administration Claims for Damages 3.1.3,4,9.4, 9.5 3.2.4,3.18,6.1.1, 8.3.3,9.5.1,9.6.7, 10.3.3, 11.1.1, Contract Award and Execution,Conditions Relating 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 to Claims Subject to Arbitration 3.7.1,3.10, 5.2,6.1, 11.1.3, 11.3.6, 11.4.1 15.3.1, 15.4.1 Contract Documents,Copies Furnished and Use of Cleaning Up 1.5.2,2.2.5,5.3 3.15,6.3 Contract Documents,Definition of Commencement of the Work,Conditions Relating to 1.1.1 2.2.1,3.2.2,3.4.1,3.7.1,3.10.1,3.12.6,5.2.1, 5.2.3, Contract Sum 6.2.2,8.1.2,8.2.2,8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1, 3.7.4,3.8,5.2.3,7.2,7.3,7.4,9.1,9.4.2,9.5.1.4,9.6.7, 15.1.4 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 15.2.5 Commencement of the Work, Definition of Contract Sum,Definition of 8.1.2 9.1 Communications Facilitating Contract Contract Time Administration 3.7.4,3.7.5,3.10.2,5.2.3,7.2.1.3, 7.3.1,7.3.5,7.4, 3.9.1,4.2.4 8.1.1,8.2.1,8.3.1,9.5.1,9.7, 10.3.2, 12.1.1, 14.3.2, Completion,Conditions Relating to 15.1.5.1, 15.2.5 3.4.1,3.11,3.15,4.2.2,4.2.9, 8.2,9.4.2,9.8,9.9.1, Contract Time,Definition of 9.10, 12.2, 13.7, 14.1.2 8.1.1 COMPLETION,PAYMENTS AND CONTRACTOR 9 3 Completion, Substantial Contractor,Definition of 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, 3.1,6.1.2 13.7 AIA Document A201 T1-2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.copyright Law and International Treaties.Unauthorized 4 reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible underthe law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: Contractor's Construction Schedules Cutting and Patching 3.10,3.12.1, 3.12.2,6.1.3, 15.1.5.2 3.14,6.2.5 Contractor's Employees Damage to Construction of Owner or Separate 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, Contractors 11.1.1, 11.3.7, 14.1, 14.2.1.1 3.14.2,6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, Contractor's Liability Insurance 12.2.4 11.1 Damage to the Work Contractor's Relationship with Separate Contractors 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.4.1, 11.3.1, 12.2.4 and Owner's Forces Damages, Claims for 3.12.5,3.14.2,4.2.4,6, 11.3.7, 12.1.2, 12.2.4 3.2.4,3.18, 6.1.1,8.3.3, 9.5.1,9.6.7, 10.3.3, 11.1.1, Contractor's Relationship with Subcontractors 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 1.2.2,3.3.2,3.18.1,3.18.2,5,9.6.2,9.6.7,9.10.2, Damages for Delay 11.3.1.2, 11.3.7, 11.3.8 6.1.1, 8.3.3,9.5.1.6,9.7, 10.3.2 Contractor's Relationship with the Architect Date of Commencement of the Work,Definition of 1.1.2, 1.5,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1, 3.4.2,3.5, 8,1,2 3.7.4,3.10,3.11,3.12,3.16,3.18,4.1.3,4.2,5.2,6.2.2, Date of Substantial Completion,Definition of 7,8.3.1,9.2, 9.3,9.4,9.5,9.7,9.8,9.9, 10.2.6, 10.3, 8.1.3 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Day,Definition of Contractor's Representations 8.1.4 3.2.1,3.2.2,3.5,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 Decisions of the Architect Contractor's Responsibility for Those Performing the 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 15.2,6.3, Work 7.3.7,7.3.9,8.1.3, 8.3.1,9.2,9.4,9.5.1,9.8.4, 9.9.1, 3.3.2,3.18, 5.3.1,6.1.3,6.2,9.5.1, 10.2.8 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Contractor's Review of Contract Documents Decisions to Withhold Certification 3.2 9.4.1,9.5,9.7, 14.1.1.3 Contractor's Right to Stop the Work Defective or Nonconforming Work,Acceptance, 9.7 Rejection and Correction of IContractor's Right to Terminate the Contract 2.3.1,2.4.1,3.5,4.2.6,6.2.5,9.5.1,9.5.2,9.6.6,9.8.2, 14.1, 15.1.6 9.9.3,9.10.4, 12.2.1 Contractor's Submittals Definitions 3.10,3.11,3.12.4,4.2.7,5.2.1, 5.2.3,9.2, 9.3, 9.8.2, 1.1, 2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1, 9.8.3,9.9.1,9.10.2,9.10.3, 11.1.3, 11.4.2 15.1.1, 5.1,6.1.2,7.2.1,7.3.1,8.1,9.1,9.8.1 Contractor's Superintendent Delays and Extensions of Time I3.9, 10.2.6 3.2,3.7.4, 5.2.3,7.2.1,7.3.1,7.4,8.3,9.5.1,9.7, Contractor's Supervision and Construction 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 Procedures Disputes 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, 6.3, 7.3.9, 15.1, 15.2 7.3.5,7.3.7,8.2, 10, 12, 14, 15.1.3 Documents and Samples at the Site Contractual Liability Insurance 3.11 11.1.1.8, 11.2 Drawings,Definition of Coordination and Correlation 1.1.5 1.2, 3.2.1,3.3.1,3.10,3.12.6,6.1.3,6.2.1 Drawings and Specifications, Use and Ownership of Copies Furnished of Drawings and Specifications 3.11 1.5,2.2.5,3.11 Effective Date of Insurance Copyrights 8.2.2, 11.1.2 1.5,3.17 Emergencies Correction of Work 10.4, 14.1.1.2, 15.1.4 2.3,2.4,3.7.3,9.4.2,9.8.2,9.8.3,9.9.1, 12.1.2, 12.2 Employees,Contractor's Correlation and Intent of the Contract Documents 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 1.2 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Cost, Definition of Equipment,Labor,Materials or 7.3.7 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13.1,3.15.1, Costs 4.2.6,4.2.7, 5.2.1,6.2.1,7.3.7,9.3.2, 9.3.3,9.5.1.3, 2.4.1,3.2.4,3.7.3,3.8.2,3.15.2, 5.4.2, 6.1.1,6.2.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 7.3.3.3,7.3.7,7.3.8,7.3.9,9.10.2, 10.3.2, 10.3.6, 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14 Init. AIA Document A201 TM—2007.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 5 maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493 on 11/24/2014,and is not for resale. — 1 which expires User Notes: (1918334263) Execution and Progress of the Work Insurance,Boiler and Machinery 1.1.3, 1.2.1, 1.2.2,2.2.3,2.2.5,3.1,3.3.1,3.4.1,3.5, 11.3.2 3.7.1,3.10.1,3.12,3.14,4.2,6.2.2,7.1.3,7.3.5, 8.2, Insurance,Contractor's Liability 9.5.1,9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 11.1 Extensions of Time Insurance,Effective Date of 3.2.4,3.7.4,5.2.3,7.2.1,7.3,7.4,9.5.1,9.7, 10.3.2, 8.2.2, 11.1.2 10.4.1, 14.3, 15.1.5, 15.2.5 Insurance,Loss of Use Failure of Payment 11.3.3 9.5.1.3,9.7,9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Insurance,Owner's Liability Faulty Work 11.2 (See Defective or Nonconforming Work) Insurance,Property Final Completion and Final Payment 10.2.5, 11.3 1 4.2.1,4.2.9,9.8.2,9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, Insurance, Stored Materials 12.3.1, 14.2.4, 14.4.3 9.3.2 Financial Arrangements,Owner's INSURANCE AND BONDS 2.2.1, 13.2.2, 14.1.1.4 11 Fire and Extended Coverage Insurance Insurance Companies,Consent to Partial Occupancy 11.3.1.1 9.9.1 GENERAL PROVISIONS Intent of the Contract Documents 1 1.2.1,4.2.7,4.2.12,4.2.13,7.4 Governing Law Interest 13.1 13.6 Guarantees(See Warranty) Interpretation Hazardous Materials 1.2.3, 1.4,4.1.1,5.1,6.1.2, 15.1.1 10.2.4, 10.3 Interpretations, Written Identification of Subcontractors and Suppliers 4.2.11,4.2.12, 15.1.4 5.2.1 Judgment on Final Award Indemnification 15.4.2 3.17,3.18,9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, Labor and Materials,Equipment 11.3.7 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, Information and Services Required of the Owner 4.2.6,4.2.7,5.2.1,6.2.1,7.3.7,9.3.2,9.3.3,9.5.1.3, 2.1.2,2.2,3.2.2,3.12.4,3.12.10,6.1.3,6.1.4,6.2.5, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, Labor Disputes 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 8.3.1 Initial Decision Laws and Regulations 15.2 1.5,3.2.3,3.6,3.7,3.12.10,3.13.1,4.1.1,9.6.4,9.9.1, Initial Decision Maker,Definition of 10.2.2, 11.1.1, 11.3, 13.1.1, 13.4, 13.5.1, 13.5.2, 1.1.8 13.6.1, 14, 15.2.8, 15.4 Initial Decision Maker,Decisions Liens 14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 2.1.2,9.3.3,9.10.2,9.10.4, 15.2.8 Initial Decision Maker,Extent of Authority Limitations,Statutes of 14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 12.2.5, 13.7, 15.4.1.1 15.2.5 Limitations of Liability Injury or Damage to Person or Property 2.3.1,3.2.2,3.5,3.12.10,3.17,3.18.1,4.2.6,4.2.7, 10.2.8, 10.4.1 4.2.12,6.2.2,9.4.2,9.6.4,9.6.7, 10.2.5, 10.3.3, 11.1.2, Inspections 11.2, 11.3.7, 12.2.5, 13.4.2 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3, Limitations of Time 9.9.2,9.10.1, 12.2.1, 13.5 2.1.2,2.2,2.4,3.2.2,3.10, 3.11,3.12.5,3.15.1,4.2.7, Instructions to Bidders 5.2, 5.3.1,5.4.1,6.2.4,7.3,7.4,8.2,9.2,9.3.1,9.3.3, 1.1.1 9.4.1,9.5,9.6,9.7,9.8, 9.9,9.10, 11.1.3, 11.3.1.5, Instructions to the Contractor 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 3.2.4,3.3.1,3.8.1,5.2.1,7,8.2.2, 12, 13.5.2 Loss of Use Insurance Instruments of Service,Definition of 11.3.3 1.1.7 Material Suppliers Insurance 1.5, 3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.6,9.10.5 3.18.1,6.1.1,7.3.7,9.3.2,9.8.4,9.9.1,9.10.2, 11 Materials,Hazardous 10.2.4, 10.3 AIA Document A201T"—2007.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and International Treaties.Unauthorized s reproduction or distribution of this AIA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: Materials,Labor,Equipment and Owner's Authority 1.1.3, 1.1.6, 1.5.1,3.4.1,3.5,3.8.2,3.8.3,3.12,3.13.1, 1.5,2.1.1,2.3.1,2.4.1,3.4.2,3.8.1,3.12.10,3.14.2, 3.15.1,4.2.6,4.2.7,5.2.1,6.2.1, 7.3.7, 9.3.2,9.3.3, 4.1.2,4.1.3,4.2.4,4.2.9,5.2.1,5.2.4, 5.4.1,6.1,6.3, 9.5.1.3,9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 7.2.1,7.3.1, 8.2.2, 8.3.1,9.3.1,9.3.2, 9.5.1,9.6.4, Means,Methods,Techniques, Sequences and 9.9.1,9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, Procedures of Construction 12.3.1, 13.2.2, 14.3, 14.4, 15.2.7 3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 Owner's Financial Capability Mechanic's Lien 2.2.1, 13.2.2, 14.1.1.4 2.1.2, 15.2.8 Owner's Liability Insurance Mediation 11.2 8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3, Owner's Relationship with Subcontractors 15.4.1 1.1.2,5.2,5.3,5.4,9.6.4,9.10.2, 14.2.2 Minor Changes in the Work Owner's Right to Carry Out the Work 1.1.1,3.12.8,4.2.8,7.1,7.4 2.4, 14.2.2 MISCELLANEOUS PROVISIONS Owner's Right to Clean Up 13 6.3 Modifications, Definition of Owner's Right to Perform Construction and to 1.1.1 Award Separate Contracts Modifications to the Contract 6.1 1.1.1, 1.1.2,3.11,4.1.2,4.2.1,5.2.3, 7,8.3.1,9.7, Owner's Right to Stop the Work 10.3.2, 11.3.1 2.3 Mutual Responsibility Owner's Right to Suspend the Work 6'2 14.3 Nonconforming Work,Acceptance of Owner's Right to Terminate the Contract 9.6.6,9.9.3, 12.3 14.2 Nonconforming Work,Rejection and Correction of Ownership and Use of Drawings,Specifications 2.3.1,2.4.1,3.5,4.2.6,6.2.4,9.5.1,9.8.2,9.9.3,9.10.4, and Other Instruments of Service 12.2.1 1.1.1, 1.1.6, 1.1.7, 1.5,2.2.5,3.2.2,3.11.1,3.17, Notice 4.2.12,5.3.1 2.2.1,2.3.1,2.4.1,3.2.4,3.3.1,3.7.2,3.12.9,5.2.1,9.7, Partial Occupancy or Use 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 9.6.6,9.9, 11.3.1.5 14.1, 14.2, 15.2.8, 15.4.1 Patching,Cutting and Notice,Written 3.14,6.2.5 2.3.1,2.4.1,3.3.1,3.9.2,3.12.9,3.12.10,5.2.1, 9.7, Patents 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 3.17 15.2.8, 15.4.1 Payment,Applications for Notice of Claims 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, 3.7.4, 10.2.8, 15.1.2, 15.4 14.2.3, 14.2.4, 14.4.3 Notice of Testing and Inspections Payment,Certificates for 13.5.1, 13.5.2 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7,9.10.1, Observations,Contractor's 9.10.3, 13.7, 14.1.1.3, 14.2.4 3.2, 3.7.4 Payment,Failure of Occupancy 9.5.1.3,9.7,9.10.2, 13.6, 14.1.1.3, 14.2.1.2 2.2.2,9.6.6,9.8, 11.3.1.5 Payment, Final Orders,Written 4.2.1,4.2.9,9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1, 12.3.1, 1.1.1,2.3,3.9.2,7,8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.5.2, 13.7, 14.2.4, 14.4.3 14.3.1 Payment Bond,Performance Bond and OWNER 7.3.7.4,9.6.7,9.10.3, 11.4 2 Payments,Progress Owner,Definition of 9.3, 9.6,9.8.5,9.10.3, 13.6, 14.2.3, 15.1.3 2.1.1 PAYMENTS AND COMPLETION Owner,Information and Services Required of the 9 2.1.2,2.2,3.2.2,3.12.10,6.1.3,6.1.4,6.2.5,9.3.2, Payments to Subcontractors 9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 11.2, 11.3, 13.5.1, 5.4.2,9.5.1.3,9.6.2, 9.6.3, 9.6.4,9.6.7, 14.2.1.2 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 PCB 10.3.1 Init. AIA Document A201TI—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the 7 maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493 1 which expires on 11/24/2014,and is not for resale. — User Notes: (1918334263) Performance Bond and Payment Bond Rules and Notices for Arbitration 7.3.7.4,9.6.7,9.10.3, 11.4 15.4.1 Permits,Fees,Notices and Compliance with Laws Safety of Persons and Property 2.2.2,3.7,3.13,7.3.7.4, 10.2.2 10.2, 10.4 PERSONS AND PROPERTY,PROTECTION OF Safety Precautions and Programs 10 3.3.1,4.2.2,4.2.7,5.3.1, 10.1, 10.2, 10.4 Polychlorinated Biphenyl Samples,Definition of 10.3.1 3.12.3 Product Data,Definition of Samples,Shop Drawings,Product Data and 3.12.2 3.11,3.12,4.2.7 Product Data and Samples,Shop Drawings Samples at the Site,Documents and 3.11,3.12,4.2.7 3.11 Progress and Completion Schedule of Values 4.2.2,8.2,9.8,9.9.1, 14.1.4, 15.1.3 9.2,9.3.1 Progress Payments Schedules,Construction 9.3,9.6,9.8.5,9.10.3, 13.6, 14.2.3, 15.1.3 3.10,3.12.1, 3.12.2,6.1.3, 15.1.5.2 Project,Definition of Separate Contracts and Contractors 1.1.4 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,6, 8.3.1, 12.1.2 Project Representatives Shop Drawings,Definition of 4.2.10 3.12.1 Property Insurance Shop Drawings,Product Data and Samples 10.2.5, 11.3 3.11,3.12,4.2.7 PROTECTION OF PERSONS AND PROPERTY Site,Use of 10 3.13,6.1.1,6.2.1 Regulations and Laws Site Inspections 1.5, 3.2.3,3.6,3.7,3.12.10,3.13,4.1.1,9.6.4,9.9.1, 3.2.2,3.3.3,3.7.1,3.7.4,4.2,9.4.2,9.10.1, 13.5 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, Site Visits,Architect's 15.2.8, 15.4 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.5 Rejection of Work Special Inspections and Testing 3.5,4.2.6, 12.2.1 4.2.6, 12.2.1, 13.5 Releases and Waivers of Liens Specifications,Definition of 9.10.2 1.1.6 Representations Specifications 3.2.1,3.5,3.12.6,6.2.2,8.2.1,9.3.3,9.4.2,9.5.1,9.8.2, 1.1.1, 1.1.6, 1.2.2, 1.5,3.11,3.12.10,3.17,4.2.14 9.10.1 Statute of Limitations Representatives 13.7, 15.4.1.1 2.1.1,3.1.1,3.9,4.1.1,4.2.1,4.2.2,4.2.10,5.1.1,5.1.2, Stopping the Work 13.2.1 2.3,9.7, 10.3, 14.1 Responsibility for Those Performing the Work Stored Materials 3.3.2,3.18,4.2.3,5.3.1,6.1.3,6.2,6.3,9.5.1, 10 6.2.1,9.3.2, 10.2.1.2, 10.2.4 Retainage Subcontractor,Definition of 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 5.1.1 Review of Contract Documents and Field SUBCONTRACTORS Conditions by Contractor 5 3.2, 3.12.7,6.1.3 Subcontractors,Work by Review of Contractor's Submittals by Owner and 1.2.2,3.3.2,3.12.1,4.2.3,5.2.3,5.3,5.4,9.3.1.2,9.6.7 Architect Subcontractual Relations 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 5.3, 5.4,9.3.1.2,9.6,9.10, 10.2.1, 14.1, 14.2.1 Review of Shop Drawings,Product Data and Samples Submittals by Contractor 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.7,9.2,9.3,9.8, 3.12 9.9.1,9.10.2,9.10.3, 11.1.3 Rights and Remedies Submittal Schedule 1.1.2,2.3,2.4,3.5, 3.7.4,3.15.2,4.2.6, 5.3,5.4,6.1, 3.10.2,3.12.5,4.2.7 6.3,7.3.1,8.3,9.5.1,9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, Subrogation,Waivers of 13.4, 14, 15.4 6.1.1, 11.3.7 Royalties,Patents and Copyrights 3.17 AIA Document A201TI—2007.copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and International Treaties.Unauthorized 8 reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: Substantial Completion Time Limits 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, 2.1.2,2.2,2.4,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2, 13.7 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, Substantial Completion, Definition of 9.5,9.6,9.7,9.8,9.9,9.10, 11.1.3, 12.2, 13.5, 13.7, 14, 9.8.1 15.1.2, 15.4 Substitution of Subcontractors Time Limits on Claims 5.2.3,5.2.4 3.7.4, 10.2.8, 13.7, 15.1.2 Substitution of Architect Title to Work 4.1.3 9.3.2,9.3.3 Substitutions of Materials Transmission of Data in Digital Form 3.4.2,3.5,7.3.8 1.6 Sub-subcontractor,Definition of UNCOVERING AND CORRECTION OF WORK 5.1.2 12 Subsurface Conditions Uncovering of Work 3.7.4 12.1 Successors and Assigns Unforeseen Conditions,Concealed or Unknown 13.2 3.7.4, 8.3.1, 10.3 Superintendent Unit Prices 3.9, 10.2.6 7.3.3.2,7.3.4 Supervision and Construction Procedures Use of Documents 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, 1.1.1, 1.5,2.2.5,3.12.6,5.3 7.3.7,8.2, 8.3.1,9.4.2, 10, 12, 14, 15.1.3 Use of Site Surety 3.13,6.1.1,6.2.1 5.4.1.2,9.8.5,9.10.2,9.10.3, 14.2.2, 15.2.7 Values,Schedule of Surety, Consent of 9.2, 9.3.1 9.10.2,9.10.3 Waiver of Claims by the Architect Surveys 13.4.2 2.2.3 Waiver of Claims by the Contractor Suspension by the Owner for Convenience 9.10.5, 13.4.2, 15.1.6 14.3 Waiver of Claims by the Owner Suspension of the Work 9.9.3,9.10.3,9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 5.4.2, 14.3 Waiver of Consequential Damages Suspension or Termination of the Contract 14.2.4, 15.1.6 5.4.1.1, 14 Waiver of Liens Taxes 9.10.2,9.10.4 3.6,3.8.2.1,7.3.7.4 Waivers of Subrogation Termination by the Contractor 6.1.1, 11.3.7 14.1, 15.1.6 Warranty Termination by the Owner for Cause 3.5,4.2.9,9.3.3,9.8.4,9.9.1,9.10.4, 12.2.2, 13.7 5.4.1.1, 14.2, 15.1.6 Weather Delays Termination by the Owner for Convenience 15.1.5.2 14.4 Work,Definition of Termination of the Architect 1.1.3 4.1.3 Written Consent Termination of the Contractor 1.5.2,3.4.2,3.7.4,3.12.8,3.14.2,4.1.2,9.3.2, 9.8.5, 14.2.2 9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 TERMINATION OR SUSPENSION OF THE Written Interpretations CONTRACT 4.2.11,4.2.12 14 Written Notice Tests and Inspections 2.3,2.4, 3.3.1,3.9,3.12.9, 3.12.10,5.2.1, 8.2.2,9.7, I3.1.3,3.3.3,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3,9.9.2, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1, 13.5 15.4.1 TIME Written Orders 8 1.1.1,2.3,3.9,7,8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, Time,Delays and Extensions of 15.1.2 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, 10.4.1, 14.3.2, 15.1.5, 15.2.5 Init. AIA Document A201TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 9 / maximum extent possible underthe law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) 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,as amended,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 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 the Contractor and the Construction Manager, or(5) between any persons or entities other than the Owner and the Contractor.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. § 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 to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results.Where a conflict AIA Document A20111—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American 10 Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible underthe law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: 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. § 1.2.2 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.The Contractor, Subcontractors, Sub-subcontractors,and material or equipment 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 this 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 material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them 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 Init. AIA Document A201 TM—2007.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA!Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 11 / maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493 1 which expires on 11/24/2014,and is not for resale. — User Notes: (1918334263) Contractor,Subcontractors, Sub-subcontractors,and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner,Architect and the Architect's consultants. § 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form,they shall endeavor to establish necessary protocols governing such transmissions,unless otherwise already provided in the Agreement or the Contract Documents. ARTICLE 2 OWNER § 2.1 GENERAL § 21.1 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,except as otherwise indicated above. (Paragraph deleted) § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 Prior to commencement of the Work,the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter,the Contractor may only request such evidence if(1)the Owner fails to make payments to the Contractor as the Contract Documents require;(2)a change in the Work materially changes the Contract Sum;or(3)the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due.The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change.After the Owner furnishes the evidence,the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.2 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. § 2.2.3 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. § 2.2.4 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. § 2.2.5 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 shall furnish the services of a Commissioning Agent who will assist the Owner,as well as conduct inspections and prepare commissioning reports during the construction phase. The Contractor shall be required to correct any deficiencies identified by the Commissioning Agent. § 2.2.10 The Owner shall furnish the services of a Material Testing Firm,who will provide inspections and material testing reports during the construction phase. AIA Document A201TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 12 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the t maximum extent possible underthe law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: § 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 prepare and update the Master Project Schedule using information from the Contractor's Construction Schedule. § 2.3 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 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. § 2.4 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 written 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 deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the 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 subject to prior approval of both the Architect and Construction Manager. If payments then or thereafter due the Contractor are not sufficient to cover such amounts,the Contractor shall pay the difference to the Owner. 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 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 Init. AIA Document A201 TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the 13 / maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) 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 § 3.21 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 2.2.3,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 in writing 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 make 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 as 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,unless the Contract Documents give other specific instructions concerning these matters.If the Contract Documents give specific instructions concerning construction means,methods,techniques,sequences or procedures,the Contractor shall evaluate the jobsite safety thereof and,except as stated below,shall be fully and 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 written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect.If the Contractor is then instructed to proceed with the required means,methods,techniques, sequences or procedures without acceptance of changes proposed by the Contractor,the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required 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. AIA Document A201TM—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 14 reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: § 3.3.4 The Contractor shall carefully check its own work and that of Subcontractors as the work is being performed. The Contractor shall ensure that incorrect or faulty work is corrected immediately. § 3.3.5 The Contractor shall have weekly meetings for the coordination of all mechanical and electrical activities.The Construction Manager and Architect's consultants may be invited to attend by the Contractor,as appropriate. § 3.3.6 During the finishing stages of the project,the Contractor shall make frequent inspections of the Work in the presence of the Architect,the Construction Manager and the applicable Subcontractor(s)involved, if any,and the Architect shall identify incorrect and faulty Work. The Contractor shall ensure that incorrect or faulty Work is corrected immediately. § 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 authorized by the Architect in accordance with Sections 3.12.8 or 7.4,the Contractor may not make substitutions without the written consent of the Owner,after evaluation by the Architect and the Construction Manager and in accordance with a Change Order or Construction Change Directive.If the Contractor requests a material substitution after execution of the Contract, the Contractor shall retain liability for the performance of the substituted materials or products and shall certify that the substituted materials or products are equal to or better than the original materials or products. All substitutions shall meet or exceed Department of Energy Building America and Aspen/Pitkin Efficient Building criteria. § 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. The Owner may, by notice in writing,require the Contractor to remove from the Work any employee the Owner deems incompetent,careless or otherwise objectionable. § 3.4.4 All work under this Contract shall be performed in a skillful and workmanlike manner in accordance with industry standards. § 3.5 WARRANTY 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. §3.5.1 The Contractor shall provide the original of,and assign to the Owner at the time of Substantial Completion of the Work,any and all Subcontractor's,Sub-subcontractor's,suppliers'and manufacturer's warranties,guarantees,and maintenance requirements required to maintain all warranties and guarantees,relating to materials and labor used in the Work.These materials shall be assembled in Warranty Manuals and submitted to the Owner through the Construction Manager.The Contractor shall perform the Work in a manner consistent with and so as to preserve any and all such guarantees and warranties. If the Contractor performs warranty work during the warranty period which later is discovered to not have been performed correctly,the Contractor shall repair the work in accordance with Section 12.2.2.3. §3.5.2 In the event that the Contractor,or any of its Subcontractors,performs any subsurface investigations, Contractor shall promptly forward copies of the results or reports of such investigations to the Owner,Construction Manager and Architect. Init. AIA Document A20111—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the 15 maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493 1 which expires on 11/24/2014,and is not for resale. — User Notes: (1918334263) §3.5.3 Temporary or trial usage by the Owner of any mechanical device,machinery, apparatus,equipment,or any work or material supplied under the Contract before substantial completion and written acceptance by the Architect or Commissioning Agent,shall not be construed as evidence of the Architect's,Commissioning Agent's,Construction Manager's,or the Owner's acceptance of same, or the commencement of any warranty periods. §3.5.4 The Owner shall have the right of such temporary or trial usage,for such reasonable time as the Owner, Commissioning Agent,or the Architect deem proper. §3.5.5 If the Contractor so elects, it may,without cost to the Owner,make such trial usage. However,trials shall only be conducted with the Architect's and Commissioning Agent's prior approval and under observation by either of them. Equipment and/or materials shall be replaced or returned to"as new"condition prior to acceptance by the Owner or Commissioning Agent. § 3.6 TAXES All purchases of construction or building materials shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. The Owner's State of Colorado tax identification number is 98-04557. The Owner's Federal Tax Identification Number is 84-6000563. § 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 21 days after first observance of the conditions.The Architect,Owner and Construction Manager will promptly investigate such conditions and,if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of,or time required for,performance of any part of the Work,will recommend an equitable adjustment in the Contract Sum or Contract Time,or both.If the Architect determines 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 in writing,stating the reasons.If either party disputes the Architect's determination or recommendation,that party may proceed 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,Construction Manager 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. AIA Document A201 TM—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA!Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 1 b reproduction or distribution of this AIA! Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible underthe law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: § 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 of materials and equipment delivered at the site and all required taxes,less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor,installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 Whenever costs are more than or less than allowances,the Contract Sum shall be adjusted accordingly by Change Order.The amount of the Change Order shall reflect(1)the difference between actual costs and the allowances under Section 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 remain on the Project Site,without substitution,until all punch list items have been completed to the satisfaction of the Architect and the Commissioning Agent. No subcontractor shall perform work on the site without the presence of the Superintendent or Assistant Superintendent.The superintendent shall represent the Contractor,and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor,as soon as practicable after award of the Contract,shall furnish in writing to the Owner and the Architect through the Construction Manager the name and qualifications of a proposed superintendent.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 the proposed superintendent or(2)that the Architect or Owner requires additional time to review.Failure of the Construction Manager to reply 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. The Contractor shall designate a second person in charge in writing in the event the Superintendent is temporarily absent due to illness,vacation, or any other cause(s). § 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES § 3.10.1 The Contractor,promptly after being awarded the Contract,shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work compliant with the AGC's Construction Scheduling Guidelines.The schedule shall not exceed time limits current under the Contract Documents,shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents,and shall provide for expeditious and practicable execution of the Work. § 3.10.2 The Contractor shall prepare a submittal schedule,promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule,and shall submit the schedule(s)for the Architect's and Construction Manager's approval.The Architect's and Construction Manager's approval shall not unreasonably be delayed or withheld.The submittal schedule shall(1)be coordinated with the Contractor's construction schedule,and (2)allow the Architect reasonable time to review submittals.If the Contractor fails to submit a submittal schedule,the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in accordance with the most recent schedules submitted to and approved by the Owner,Construction Manager and Architect. Init. AIA Document A201TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA*Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this A10 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 17 / maximum extent possible under the taw.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493 1 which expires on 11/24/2014,and is not for resale. — User Notes: (1918334263) § 3.10.4 This Contractor's Construction Schedule will include,but is not limited to,work activities required by each section of the specifications as listed in the Contract Documents to complete the Work. The duration,sequence,cost for each work activity(separate amounts for labor and material),and dependency of the work activity on other work activities will be generated by the Contractor. The Construction Manager's Master Project Schedule is to be used, among other functions,to provide a comprehensive planning tool for completion of both the Work and the Project. Contractor will cooperate fully with the Construction Manager in integrating the Contractor's Construction Schedule into the Master Project Schedule. § 3.10.5 Upon acceptance by the Construction Manager,the Master Project Schedule shall supersede previously submitted schedules. Each updated Master Project Schedule shall supersede previous updates. § 3.10.6 The Contractor shall cooperate with the Construction Manager in scheduling and performing the Contractor's Work to avoid conflict,delay in or interference with the Work of other Contractors or the operations of the Owner's own forces. § 3.10.7 The Construction Manager,together with the Contractor,will monitor the Master Project Schedule,and incorporate the Contractor(s)updates to their portions of this overall schedule. § 3.10.8 The Contractor will produce a short interval schedule on major weekly work activities. At each weekly job meeting this schedule will be reviewed by the Contractor with all affected Subcontractors and the Construction Manager. § 3.10.9 Delivery and Storage. The Contractor shall exercise due diligence in seeing that all equipment,material,and supplies are delivered in advance of the time they are needed on the job. § 3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one copy of the Drawings,Specifications,Addenda,Change Orders and other Modifications,in good order and marked currently to indicate field changes and selections made during construction,and one copy of approved Shop Drawings,Product Data,Samples and similar required submittals.These shall be available to the Architect and shall be delivered to the Owner upon completion of the Work as a record of the Work as constructed. § 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 the way by which 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. § 3.12.5 The Contractor shall review for compliance with the Contract Documents,approve and submit to the Architect,with a copy to the Construction Manager, 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. AIA Document A201 TM—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and International Treaties.Unauthorized 18 reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible underthe law.This document was produced by AIA software at 13:48:26 on 01115/2014 under Order No.2777914493_1 which expires on 11/2412014,and is not for resale. (1918334263) User Notes: § 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 requirements of the Contract Documents by the Architect's approval of Shop Drawings,Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing 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 written 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. 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 Architect will specify all performance and design criteria that such services must satisfy.The Contractor shall cause such services or certifications to be provided by a properly licensed design professional,whose signature and seal shall appear on all drawings,calculations,specifications,certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional,if prepared by others,shall bear such professional's written approval when submitted to the Architect.The Owner,Construction Manager,and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals,provided the Architect has specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10,the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 3.12.11 Fire Protection and Life Safety Systems: All life safety systems and building assemblies shall be designed by a professional engineer licensed in the state of Colorado,and shall be designed,constructed,and installed in accordance with the current applicable Aspen Fire Protection District requirements:NFPA 13, 13D, 13R as applicable;NFPA 72(Alarm Systems);2003 International Fire Code;all as amended by the AFPD and adopted by the City of Aspen at time of permit submittal. It is the Contractor's sole responsibility to ensure the fire protection sprinkler system is compatible with the water system pressures existing at the Project site. § 3.12.12 Before ordering any material or doing any Work,the Contractor shall verify all measurements for Work completed at the Project and shall be responsible for their accuracy. Any differences found shall be submitted to the Architect for consideration before proceeding with the Work. The Contractor shall use its utmost efforts to identify discrepancies in dimensions in a timely manner and notify the Owner and Construction Manager of these prior to commencing any work affected by the ambiguous dimensions. No extra charge or compensation shall be allowed because of differences between actual measurements and the dimensions indicated on the drawings. Init. AIA Document A201 T"—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the 19 / maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) § 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,and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. §3.13.1 Protection of construction materials and equipment stored at the Project Site from weather,theft,vandalism, damage or all other adversity is solely the responsibility of the Contractor and its subcontractors,to the extent that such losses are not covered by builder's risk insurance. § 3.13.2 During the performance of the Work required by this Agreement,the Contractor or Subcontractor, will use such entrances to the construction site that may be designated by the Owner. These entrances may be reviewed and changed from time to time by the Owner. § 3.13.3 The Owner shall be responsible for snow removal only on public streets which have been dedicated to the City. Snow removal within the site for the purpose of performing and protecting Work shall be the responsibility of the Contractor. § 3.13.4 Site Snow Management: Contractor acknowledges that the Project is to be built in an area of heavy seasonal snows. Contractor shall be responsible for site snow removal and designated snow storage areas adequate to store 100%(one hundred percent)of the snow from the site during the snow season. §3.13.5 The Contractor shall erect and maintain a 8'-0"chain link fence around the perimeter of the construction site throughout the Construction Phase. The area inside the perimeter of the fence shall include areas adequate for 100%(one hundred percent)of site snow storage. §3.13.6 The Contractor shall be responsible for the mitigation and/or abatement of all noise,dust,erosion,fumes, traffic,recycling of construction materials, or other by-product of construction activity that have an adverse effect on the adjacent residents. Such mitigation and/or abatement shall comply with the Aspen Building Department and Aspen Engineering Department's requirement for a Construction Management Plan(CMP),including but not limited to,Dust Control,Erosion Control,traffic management,recycling,mud mitigation and clean up and Noise Control. §3.13.7 Erosion Control: Contractor shall prepare and implement a Stormwater Pollution Prevention Plan in accordance with EPA's National Pollutant Discharge Elimination System(NPDES)General Permit for stormwater discharges from Large and Small Construction Activities(effective June 30,2008). Any mud tracked onto public roadways shall be removed daily. §3.13.8 The Contractor is advised that the project site area is subject to high winds. The Contractor shall maintain all materials secured or tied down daily to prevent possible damage caused by flying materials and debris. §3.13.9 The Contractor shall maintain access around the construction site. §3.13.10 The Contractor shall furnish and maintain sufficient sanitary facilities for its own forces. The facilities of the existing buildings will not be available for construction use. §3.13.11 Inappropriate Behavior:The Contractor shall control its employees and subcontractors on the job site at all times. Alcohol and illegal drugs shall be strictly prohibited on the Project at all times. Any intoxicated person(s)shall be immediately removed from the Project. Workers shall dress in an appropriate manner on the Project at all times. Profanity and loud or offensive behavior shall be strictly prohibited,as well as any other activities deemed inappropriate to the Owner. The Owner shall be entitled to demand the permanent removal from the Project of any person(s)who are repeat offenders. §3.13.12 The Contractor shall layout and mark any plantings,shrubs and trees which will require removal a minimum of five(5)business days prior to their removal.The Contractor shall notify the Architect and Construction Manager in writing immediately upon completion of this marking. The Construction Manager will then give permission for removal in writing to the Contractor. Plantings, shrubs, and trees shall not be removed or damaged without such permission. AIA Document A2011M—2007.Copyright®1911 1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American ! Init. Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.copyright Law and International Treaties.Unauthorized 2 reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This documentwas produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: § 3.13.13 The Contractor shall provide all reasonable protection to prevent damage,injury or loss to,all persons at the site and all property at the site and adjacent thereto. The Contractor acknowledges the Project site is adjacent to existing structures which will be occupied during the performance of the Work. § 3.13.14 The Contractor shall notify all public utility companies a minimum of two(2)business days prior to the commencement of any work by it or its subcontractors in the vicinity of the utilities. No work shall commence until the utilities have been located and staked by the utility company or written consent from the Architect to proceed has been given to the Contractor. If the utility service must be interrupted,the Contractor shall notify the head of the local utility services,the Owner,the Architect,the Construction Manager, and the utility users affected by the interruption. Such notice shall consist of direct written communication,publication in a local newspaper,and/or announcement on local radio or television stations,whichever is most reasonably calculated to give notice to such utility users. § 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 and patching shall be restored to the condition existing prior to the cutting,fitting and 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 such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall-not be unreasonably withheld.The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. § 3.15 CLEANING UP § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract.At completion of the Work,the Contractor shall remove waste materials,rubbish,the Contractor's tools,construction equipment,machinery and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect 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 such 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 the Contractor has reason to believe that the required design,process or product is an infringement of a copyright or a patent,the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 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 Init. AIA Document A201 T"—2007.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the 21 / maximum extent possible underthe law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/2412014,and is not for resale. User Notes: (1918334263) Iexpenses,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. § 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,except as provided in Section 3.3.1. § 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 report to the Owner(1)known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor,and(2)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 FACILITATING CONTRACT ADMINISTRATION 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,with a copy to the Owner and Architect,about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect.Communications by and with Subcontractors and material suppliers shall be through the Contractor.Communications by and with separate contractors shall be through the Owner or the Construction Manager. § 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. AIA Document A20ITM—2007.copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 22 reproduction or distribution of this A10 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: § 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 13.5.2 and 13.5.3,whether or not such Work is fabricated, installed or completed. However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility ofthe Architect to the Contractor,Subcontractors,material and equipment 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 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 Construction Manager will prepare Change Orders and 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.The duties,responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 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 Init. AIA Document A201 TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the 23 / maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493 1 which expires on 11/24/2014,and is not for resale. — User Notes: (1918334263) and means a Subcontractor or an authorized representative of the Subcontractor.The term"Subcontractor"does not include a separate contractor or subcontractors of a separate contractor. § 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. § 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 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 previously selected if the Construction Manager,Owner or Architect makes reasonable objection to such substitution. §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,which the Contractor,by these Documents,assumes toward the Construction Manager,Owner and Architect.Each subcontract agreement shall preserve and protect the rights of the Construction Manager,Owner and Architect under the 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 AIA Document A201TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 24 reproduction or distribution of this AIA® Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: .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 in writing;and .2 assignment is subject to the prior rights of the surety, if any,obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement,the Owner assumes the Contractor's rights and obligations under the subcontract. § 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 such 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 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 in the context of the Master Project Schedule.The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement with the Construction Manager and the Owner.The Contractor's construction and the Master Project 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 be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor 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. Init. AIA Document A20111—2007.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 25 / maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) § 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 the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors 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. § 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 and rubbish,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,ten percent(10%)of the cost. .2 For the Contractor,for Work performed by the Contractor's Subcontractor,five percent(5%)of the amount due the Subcontractor. .3 For each Subcontractor or Sub-subcontractor involved, for Work performed by that Subcontractor or Sub-subcontractor's own forces,ten percent(10%)of 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 of costs including labor,materials,and subcontracts. Subcontract pricing shall also be itemized. § 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. AIA Document A20111—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.copyright Law and International Treaties.Unauthorized 26 reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible underthe law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: § 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 without an authorized signature in accordance with the City of Aspen Procurement Code. § 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 7.3.7. § 7.3.4 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 Upon receipt of 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. § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Construction Manager shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change,including,in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement under Section 7.1.3,the Contractor shall keep and present,in such form as the Construction Manager may prescribe,an itemized accounting together with appropriate supporting data.Unless otherwise provided in the Contract Documents,costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor,including social security,old age and unemployment insurance, fringe benefits required by agreement or custom,and workers'compensation insurance; Init. AIA Document A201TI—2007.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the 27 maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_t which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) .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,related ec the Work;and .5 Additional actual costs of supervision and field office personnel directly attributable to the change. § 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. AIA Document A201 T1—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American 28 [nit. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible underthe law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: § 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. § 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 Require the Contractor to prepare 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 does not reflect completion of the Project by the applicable Contractual Milestone or completion dates in the current Contractor's Schedule,as adjusted,the Owner may unilaterally establish a Recovery Plan and the Contractor shall comply therewith,and/or the 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. § 8.2.5.5 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 an act or neglect of the Owner or Architect,Construction Manager,or of an employee of either,or of a separate contractor employed by the Owner;or by changes ordered in the Work;or by labor disputes, fire,unusual delay in transportation,unavoidable casualties or other causes beyond the Contractor's control;or by delay authorized by the Owner pending mediation; or by other causes that the Architect or Owner determines may justify delay,then the Contract Time shall be extended by Change Order for such reasonable time as the Architect and Owner may determine.This provision shall not affect or limit the Owner's rights against any party other than the Contractor. § 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 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. § 9.2 SCHEDULE OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum Price,the Contractor shall submit to the Architect and Owner,through the Construction Manager,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 require.The Init. AIA Document A201 TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 29 / maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) 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 under Section 9.2,for completed portions of the Work. Such application shall be notarized,if required,and supported by such data substantiating the Contractor's right to payment as the Owner, Construction Manager or Architect may require,such as copies of requisitions from Subcontractors and material 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 material 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 stored materials and equipment, which must be properly labeled with the Project identification,must be in a bonded warehouse,must be available for inspection by the Architect and Construction Manager,and must be accompanied by documentary evidence as to quantity and value of materials,including insurance on the materials as evidenced by a Certificate of Insurance,or otherwise protect the Owner's interest,and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 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,material suppliers,or other persons or entities making a claim by reason of having provided labor,materials and equipment relating to the Work.Evidence of payment for all work included in previous payments to the Contractor shall be provided in writing from each subcontractor and material supplier. § 9.3.4 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 issue to the Owner a Certificate for Payment,with a copy to the Contractor,for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part 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 comprising the Application for Payment,that,to the best of the Architect's knowledge, information and belief,the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents,and that the As-Build Record Drawings are updated in electronic format,and that the Contractor's Construction Schedule is updated,through the date of the Application for Payment.The foregoing representations are subject to the Architect's evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,to results of subsequent tests and inspections,to correction of AIA Document A201 TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American 3n [nit. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11124/2014,and is not for resale. (1918334263) User Notes: minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Owner and Architect.The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However,the issuance of a Certificate for Payment will not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques, sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.4.3 Retainage of five percent(5 1/o)will be withheld. § 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 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, or .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.'.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 material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check,the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate 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. § 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. init. AIA Document A201 TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 31 maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) § 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. § 9.6.21 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 Contractor shall provide evidence to the Owner that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work,beginning with the second Application for Payment.If the Contractor fails to furnish such evidence within seven days,the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid.Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor,except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment 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 Payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held in trust by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials,or both,under contract with the Contractor for which payment was made by the Owner. § 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' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received.The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down,delay and start-up,plus interest as provided for in the Contract Documents. § 9.8 SUBSTANTIAL COMPLETION § of the Work when the Work or designated portion thereof is 9.8.1 Substantial Completion is the stage in the progress 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's or Commissioning Agent's inspection discloses any item,whether or not included on the Contractor's list,which is not sufficiently complete in accordance with the 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, AIA Document A20119—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American 32 Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: Ithe 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,shall establish responsibilities of the Owner and Contractor for security,maintenance,heat,utilities, damage to the Work and insurance,and shall 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 such Certificate.Upon such acceptance and consent of surety,if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for 200%of the value of the Work that is incomplete or not in accordance with the requirements of the 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 as applicable. §9.8.7 The Contractor shall furnish the Owner "As-built Record Drawings"on CD disk using AutoCAD Version 2004 or later,and one set of reproducible mylars,certified and stamped by an engineer licensed in the State of Colorado. The Architect shall furnish one set of the original bidding documents to the Contractor for this work as"backgrounds"in electronic media as described above. Record Specifications shall be similarly modified,using the latest version of MS Word Windows XP. The Contractor shall furnish the Owner"As-built Record Drawings"on compact disk at Final Completion. § 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 as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete,provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage,if any, security,maintenance,heat,utilities,damage to the Work and insurance,and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete,the Contractor shall prepare and submit a list to the Architect and Construction Manager as provided under Section 9.8.2.Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and 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 carefully document the condition of the Work. § 9.9.3 Unless otherwise agreed upon,partial occupancy or use of 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 Commissioning Agent to promptly make such inspection and,when the Architect and Commissioning Agent find the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections,the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Init. AIA Document A201 T"—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document Is by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of thls AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 33 / maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) IArchitect'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 not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner,(3)a written statement that the Contractor knows of no substantial 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 and(5),if required by the Owner,other data establishing payment or satisfaction of obligations,such as receipts,releases and waivers of claims, security interests or encumbrances arising out of the Contract,to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner,the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such claim.If such claim remains unsatisfied after payments are made,the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such claim,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 confirm,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 and accepted. If the remaining balance for Work not folly completed or corrected is less than retainage stipulated in the Contract Documents,and if bonds have been furnished,the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment.Such payment shall be made under terms and conditions governing final payment,except that it shall not constitute a waiver of claims. § 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;or .3 terms of special warranties required by the Contract Documents. § 9.10.5 Acceptance of final payment by the Contractor,a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 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 or the Contractor's Subcontractors or Sub-subcontractors;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. AIA Document A201TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 34 reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible underthe law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: § 10.2.3 The Contractor shall erect and maintain,as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § 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,written notice of such 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. § 10.3 HAZARDOUS MATERIALS § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. 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 report the condition to 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 such material or substance or who are to perform the task of removal or safe containment of such material or substance.The Construction Manager,Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner,the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless,Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order,the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down,delay and start-up. § 10.3.3 Omitted. Init. AIA Document A201TM—2007.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA!Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 3S / maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493 1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) I § 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 a material or substance the Contractor brings to the site and negligently handles,or(2)where the Contractor fails to perform its obligations under Section 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 LIABILITY INSURANCE § 11.1.1 The Owner has purchased and maintained an Owner's Consolidated Insurance Program("OCIP")to cover the liability insurance,excess liability insurance,builder's risk insurance,and Contractor's pollution liability during the construction,and completed operations phases of the Project. The OCIP does not include any Workers' Compensation insurance coverage or professional liability insurance coverage. The OCIP coverage and insurance required to be provided by the Contractor and subcontractors is further clarified by Exhibit A,the OCIP Addendum. Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance required to be obtained by the Contractor under Exhibit B, OCIP Addendum,as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations and completed operations under the Contract and for which the Contractor may be legally liable,whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable: .1 Claims under workers'compensation,disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; .2 Claims for damages because of bodily injury,occupational sickness or disease, or death of the Contractor's employees; .3 Claims for damages because of bodily injury,sickness or disease,or death of any person other than the Contractor's employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages,other than to the Work itself,because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 Claims for damages because of bodily injury,death of a person or property damage arising out of ownership,maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of completed operations;and .8 Claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. § 11.1.2 The insurance required by Section I I.1.I 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 correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents,or until the end of the Colorado statute of repose,whichever is longer. § 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance.These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An AIA Document A2011m—2007.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American 36 Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA! Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible underthe law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: 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 claims paid under the General Aggregate,shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1)the Owner,the Construction Manager,the Architect and the Architect's consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and(2)the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. § 11.1.5 Limits of Insurance: See Exhibit B,OCIP Addendum, 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 etseg.,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. §11.1.10 Deductible: The Contractor shall pay any amounts not covered because of a deductible under the OCIP general liability policy up to$10,000 per claim. § 11.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided,the 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 without optional deductibles. 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 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered,whichever is later.This insurance shall include interests of the Owner,the Contractor, Subcontractors and Sub-subcontractors in the Project. § 11.3.1.1 Property insurance shall be on an "all-risk"or equivalent policy form and shall include,without limitation, insurance against the perils of fire(with extended coverage)and physical loss or damage including,without Init. AIA Document A20ITM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by U.S.copyright Law and International Treaties.Unauthorized Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the reproduction or distribution of this Ale Document,maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) 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. § 11.3.1.2 Omitted. § 11.3.1.3 If the property insurance requires deductibles,the Contractor shall pay costs not covered because of such deductibles up to$10,000 per claim. § 11.3.1.4 This property insurance shall cover portions of the Work stored off the site,and also portions of the Work in transit. § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 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. § 11.3.2 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 IThe 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. § 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 AIA Document A201 TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and International Treaties.Unauthorized 38 reproduction or distribution of this AIA® Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: 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 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 OR AFTER 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,whether discovered before or after Substantial Completion and whether or not fabricated,installed or completed.Costs of correcting such rejected Work,including additional testing and inspections,the cost of uncovering and replacement,and compensation for the Construction Manager's, Architect's and Commissioning Agent's services and expenses made necessary thereby,shall be at the Contractor's expense. Init. AIA Document A201TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this A10 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the on 11/24/2014,and is not for resale. t which expires 39 / maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_ User Notes: (1918334263) § 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 an 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 written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition.The Owner shall give such notice promptly after discovery of the condition. During the two year period for correction of Work,if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction,the Owner waives the rights to require correction by the Contractor.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 2.4. § 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 for any 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. However in no instance shall the duty to correct,repair or replace the Work provided under this section exceed a duration of three(3)years from the date of Substantial Completion. § 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,whether completed or partially completed,of the Owner or separate contractors caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the 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. § 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. AIA Document A201TM—2007.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 40 reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible underthe law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: § 133 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: Bruce Gentry R. A.Nelson,LLC P.O.Drawer 5400 Avon,CO 81620 Architect: Eduardo Illanes OZ Architecture 3003 Larimer Street Denver,CO 80205 Construction Manager:" Rob Taylor Rider Levett Bucknall 1675 Larimer Street,Suite 470 Denver,Colorado 80202 § 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. § 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 Init. AIA Document A201 TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 41 / maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493 1 which expires on 11/24/2014,and is not for resale. — User Notes: (1918334263) 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. § 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. AIA Document A201T1—2007.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized 42 reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible underthe law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: § 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 §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 Init. AIA Document A201 TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 43 / maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493 1 which expires on 11/24/2014,and is not for resale. — User Notes: (1918334263) Iequitable 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,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. § 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.Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim,whichever is later. § 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. § 15.1.3 CONTINUING CONTRACT PERFORMANCE 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.The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. Document A2 Architects. —2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American AIA Doc Init. Institute u Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 44 reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible underthe law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: § 15.1.4 CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum,written notice as provided herein shall be given before proceeding to execute the Work.Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.4.1 In no event shall adjustment to the Contract Sum be made for conditions of which the Contractor knew or should have been known,or which would have been noticed by a Contractor of similar experience pursuant to on-site inspection,by conditions referenced in any other inspections or tests concerning the site which have been made available to the Contractor,which have been performed by the Contractor or its subcontractors,or are part of the Contract Documents used in constructing the improvements. § 15.1.5 CLAIMS FOR ADDITIONAL TIME § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time,written notice as provided herein shall be given.The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work.In the case of a continuing delay, only one Claim is necessary. § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time,such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. (Paragraphs deleted) §15.1.5.3 Extensions of the Contract Time for delays due to weather conditions may be made only when such conditions are more severe and extended than those reflected by the ten-year average for the month as evidenced by the Colorado Climate Data maintained by Colorado State University,Fort Collins,Colorado,or other data as mutually agreed between Owner and Contractor,for the project area. Extensions of time due to weather will be granted on the basis of one-and-four-tenths(1.4)calendar days added for every working day lost, with each separate extension figured to the nearest whole calendar day. The extension of the Contract Time for weather conditions will occur only in the event that the weather in question impacted activities on the critical path of the Contractor's current Construction Schedule. § 15.2 INITIAL DECISION § 15.2.1 Claims,excluding those arising under Sections 10.3, 10.4, 11.3.9,and 11.3.10, shall be referred to the Initial Decision Maker for initial decision.The Architect will serve as the Initial Decision Maker.Except for those Claims excluded by this Section 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 such request,and shall either(1)provide a response on the requested supporting data,(2)advise the Initial Decision Maker when the response or supporting data will be furnished or(3)advise the Initial Decision Maker that no supporting data will be furnished.Upon receipt of the response or supporting data,if any,the Initial Decision Maker will either reject or approve the Claim in whole or in part. Init. AIA Document A20111—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 45 / maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493 1 which expires on 11/24/2014,and is not for resale. — User Notes: (1918334263) § 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 an initial decision,demand in writing that the other party file for mediation within 60 days of the initial decision.If such a demand is made and the party receiving the demand fails to file for mediation within the time required,then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 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 15.1.6 shall be subject to mediation as a condition precedent to litigation.Venue and jurisdiction for any suit brought to enforce the terms of this Agreement shall be in Pitkin County District Court, State of Colorado. § 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 the 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 litigation proceedings but,in such event,mediation shall proceed within 60 days from the date of filing,unless stayed for a longer period by agreement of the parties. § 15.3.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in Aspen, Colorado.Written agreements,executed by the parties,reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. (Paragraphs deleted) ARTICLE 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 AIA Document A20111—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and Intemational Treaties.Unauthorized 46 reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible underthe law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: 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. § 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. Init. AIA Document A201 T"—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA"Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this A10 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 47 / maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493 1 which expires on 11/24/2014,and is not for resale. — User Notes: (1918334263) .6 Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102(5),C.R.S. .7 If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102,C.R.S.the Owner may terminate this Agreement. If this Agreement is so terminated,Contractor shall be liable for actual damages to the Owner arising out of Contractor's violation of Subsection 8-17.5-102,C.R.S. (Paragraph deleted) AIA Document A201TM—2007.Copyright©19111 1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 48 reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible underthe law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: Additions and Deletions Report for AIA®Document A201"m— 2007 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 13:48:26 on 01/15/2014. PAGE Burlingame Ranch Phase IIAii Vertical Construction Multifamily Buildings 5-7 Harmony Road Aspen,Colorado City of Aspen 130 South Galena Street Aspen,Colorado 81611 THE ARCHITECT: OZ Architecture 3003 Larimer Street Denver,CO 80205 Phone:(303) 861-5704 Fax:(303)861-9230 Contact:Eduardo Illanes eillanes@ozarch.com (Na-te,legfil Status and THE CONTRACTOR: R. A.Nelson,LLC,a Delaware limited liability company P.O.Drawer 5400 Avon,CO 81620 Phone:(970)963-3558 Fax: (970)963-3179 Contact: Bruce Gentry THE CONSTRUCTON MANAGER: Rider Levett Bucknall 1675 Larimer Street Suite 470 Denver,CO 80202 Phone:(720)904-1480 Fax:(720)904-1481 Contact: Rob Taylor Rob.Taylor_us.rlb.com THE COMMISSIONING AGENT: Additions and Deletions Report for AIA Document A201 TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal 1 penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) Engineering Economics,Inc. 780 Simms Street,Suite 210 Golden,CO 80401 Phone: (303)239-8700 Fax:(303)239-9982 Contact: Jarrell Wenger PAGE 3 1.1.1,3443.11.1 8.3.1, 11.3.10,434—, 13.1.1, 15.3.2, 15.4 24,2.4.1,3.12.7,4.1,4.2,5.2,6.3,7.1.2,7.3.7,7.4,9.2,9.3.1,9.4,9.5,9.6.3,9.8,9.10.1,9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 24,2.4.1, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 2.4, 2.4.1 3.1.3,3.5,3.10.2,4.2.7 9.7, 11.3.9, 11.3.10,434 13.1.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.4.1 PAGE 4 1.1.1,X2.4.1,3.4.2,3.7.4,3.8.2.3,344—,3.11.1,3.12.8,4.2.8,5.2.3,7.1.2,7.1.3,7.2,7.3.2,7.3.6, 7.3.9,7.3.10, 8.3.1,9.3.1.1,9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3 3.2.4,3.7.4,64-T3.7.46.1.1,8.3.2, 10.3.2, 15.1.5 41.6.1,3.23,3.6,3.7,3.12.10,3.13,4.1.1,9.6.4, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 PAGE 5 3.3.2,3.18,5.3--5.3.1,6.1.3,6.2,9.5.1, 10.2.8 24-2.4.1,3.2.4,3.7.3,3.8.2,3.15.2,5.4.2,6.1.1,6.2.3,7.3.3.3,7.3.7,7.3.8,7.3.9,9.10.2, 10.3.2, 10.3.6, 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14 Additions and Deletions Report for AIA Document A201 TM—2007.Copyright(D 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.copyright Law and 2 International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01I15I2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: 3.14.2,9.9.1, 10.2.1.2, 10.2.5,x4.4,-10.4.1, 11.3.1, 12.2.4 2 2.3.1,2.4.1,3.5,4.2.6,6.2.5,9.5.1,9.5.2,9.6.6, 9.8.2,9.9.3, 9.10.4, 12.2.1 3.2,3.7.4,5.2.3,7.2.1,7.3.1, 7.4,8.3,9.5.1,9.7, 10.3.2,44.4,-10.4.1, 14.3.2, 15.1.5, 15.2.5 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,33.13.1,3.15.1,4.2.6,4.2.7,5.2.1,6.2.1,7.3.7,9.3.2,9.3.3,9.5.1.3,9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 PAGE 6 3.2.4,3.7.4,5.2.3, 7.2.1,7.3,7.4,9.5.1, 9.7, 10.3.2,444-10.4.1. 14.3, 15.1.5, 15.2.5 4.2.1,4.2.9,9.8.2,9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5,4-X3,-12.3.1, 14.2.4, 14.4.3 10.2.8,40-.410.4.1 1.5,3.2.3,3.6,3.7,3.12.10,3-13.13.1,4.1.1,9.6.4, 9.9.1, 10.2.2, 11.1.1, 11.3,4-34;13.1.1, 13.4, 13.5.1, 13.5.2, 13. 13.6.1, 14, 15.2.8, 15.4 �3,-2.3.1,3.2.2,3.5,3.12.10,3.17,3.18.1,4.2.6,4.2.7,4.2.12,6.2.2, 9.4.2,9.6.4,9.6.7, 10.2.5, 10.3.3, 11.1.2, 11.2, 11.3.7, 12.2.5, 13.4.2 2.1.2,2.2,2.4,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2.7, 5.2,53,-5.3.1,5.4.1,6.2.4,7.3, 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, 11.1.3, 11.3.1.5, 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 PAGE 7 1.1.3, 1.1.6, 1.5.1,3.4.1,3.5,3.8.2,3.8.3, 3.12,33.13.1,3.15.1,4.2.6,4.2.7,5.2.1,6.2.1,7.3.7, 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 x;2.3.1,2.4.1,3.5,4.2.6,6.2.4,9.5.1,9.8.2,9.9.3, 9.10.4, 12.2.1 Additions and Deletions Report for AIA Document A201 TM—2007.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law a d criminal nd International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil an 3 penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:41 on 01/15/2014 al under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) 2.2.1,2.34;2.3.1,2.4.1,3.2.4,3.3.1,3.7.2,3.12.9, 5.2.1,9.7,9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1, 14.2, 15.2.8, 15.4.1 1 4,2.3.1,2.4.1,3.3.1,3.9.2,3.12.9,3.12.10,5.2.1,9.7,9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2. , 13.3, 14, 15.2.8, 15.4.1 1.5,2.1.1, 2.3.1,2.4.1,3.4.2,3.8.1,3.12.10,3.14.2,4.1.2,4.1.3,4.2.4,4.2.9,5.2.1,5.2.4,5.4.1,6.1,6.3,7.2.1, 7.3.1,8.2.2,8.3.1,9.3.1,9.3.2, 9.5.1,9.6.4,9.9.1,9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2,42:3;-12.3.1, 13.2.2, 14.3, 14.4, 15.2.7 1.1.1, 1.1.6, 1.1.7, 1.5,2.2.5,3.2.2,3-13.11.1,3.17,4.2.12,5-35.3.1 4.2.1,4.2.9,9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1,4z?�12.3.1, 13.7, 14.2.4, 14.4.3 PAGE 8 3.3.2,3.18,4.2.3,Sr.3—,5.3.1,6.1.3,6.2,6.3,9.5.1, 10 3.3.1,4.2.2,4.2.7,5,3 5.3.1,10.1, 10.2, 10.4 PAGE 9 3.1.3,3.3.3,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3,9.9.2,9.10.1, 10.3.2, 11.4.1, 11.4.1.1, 12.2.1, 13.5 3.2.4,3.7.4, 5.2.3,7.2.1,7.3.1, 7.4,8.3,9.5.1,9.7, 10.3.2,444,-10.4.1, 14.3.2, 15.1.5, 15.2.5 PAGE 10 The Contract Documents are enumerated in the Agreement between the Owner and Contractor(hereinafter the Agreement)and consist of the Agreement,as amended,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 requirements. 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 Additions and Deletions Report for AIA Document A201 TM—2007.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA!Document is protected by U.S.copyright Law and 4 International Treaties.Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: and the Architect or the Architect's consultants or(4)between the Contractor and the Construction Manager,or(5) between any persons or entities other than the Owner and the Contractor.The Afeitee4 Owner shall,however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. § 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 efl4�-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 qgg,lit 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 Drawinggs 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 anv 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 °fla will retain except to the extent that they have assigned to the Owner all common law, statutory and other reserved rights,including copyrights.The Contractor, Subcontractors, Sub-subcontractors,and material or equipment 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 this 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 Additions and Deletions Report for AIA Document A201 TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal 5 penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) 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 fep ezre resentative except as_p otherwise indicated above. § 2.1.2 The 0,Aqier shall ftiraish te the CefitfaetOF Within fifteen days after Feeeipt of a Nwitt-a fvqtiest-, HeGOSSaffand relevant for-the Gentfaeter-te evaltiate,give netiee of or enfer-ee tneehania's lien rights- usually r-eferf ed to as the site,and the 0,Amer's interest thereii+7 2.2.6 The Owner shall furnish the services of a Commissioning Agent who will assist the Owner,as well as conduct inspections and prepare commissioning reports during the construction phase. The Contractor shall be required to correct any deficiencies identified by the Commissioning Agent. 2.2.10 The Owner shall furnish the services of a Material Testing Firm who will provide inspections and material testing reports during the construction phase. 6 2.3 CONSTRUCTION MANAGER S 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 t)erforming 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 iob 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. 4 2.3.4 The Construction Manager shall make a review of the Work at such intervals necessary to discharge its duties to the Owner. 2.3.5 The Construction Manager shall meet with the Contractor to prepare and update the Master Project Schedule usiniz information from the Contractor's Construction Schedule. PAGE 13 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 written 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 deficiencies.In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies,including Owner's expenses and compensation for the 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 Beth subject to prior approval Additions and Deletions Report for AIA Document A201 TM—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 6 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: of the A the Architect and Construction Manager.If payments then or thereafter due the Contractor are not sufficient to cover such amounts,the Contractor shall pay the difference to the Owner. § 3.1.3 The Contractor shall not be relieved of 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. PAGE 14 § 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 2.2.3,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 fequire.-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 AFehiteet.in writing 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. PAGE 15 3.3.4 The Contractor shall carefully check its own work and that of Subcontractors as the work is being performed The Contractor shall ensure that Incorrect or faulty work is corrected immediately. 3.3.5 The Contractor shall have weekly meetings for the coordination of all mechanical and electrical activities The Construction Manager and Architect's consultants may be Invited to attend by the Contractor,as appropriate § 3.3.6 During the finishing stages of the project the Contractor shall make frequent inspections of the Work in the presence of the Architect,the Construction Manager and the applicable Subcontractor(s)involved if any,and the Architect shall identify incorrect and faulty Work. The Contractor shall ensure that incorrect or faulty Work is corrected immediately. § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4,the Contractor may not make substitutions elilT,ritl+ without the written consent of the Owner,after evaluation by the Architect and the Construction Manager and in accordance with a Change Order or Construction Change Directive. If the Contractor requests a material substitution after execution of the Contract the Contractor shall retain liability for the performance of the substituted materials or products and shall certify that the substituted materials or Products are equal to or better than the original materials or products. All substitutions shall meet or exceed Department of Energy Building America and Aspen/Pitkin Efficient Building criteria § 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 Additions and Deletions Report for AIA Document A201 T"—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal 7 penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) skilled in tasks assigned to them. The Owner may, by notice in writing,require the Contractor to remove from the Work any employee the Owner deems incompetent careless or otherwise objectionable. 3.4.4 All work under this Contract shall be performed in a skillful and workmanlike manner in accordance with industry standards. §3.5.1 The Contractor shall provide the original of and assign to the Owner at the time of Substantial Completion of the Work any and all Subcontractor's Sub subcontractor's suppliers and manufacturers warranties guarantees,and maintenance requirements required to maintain all warranties and guarantees,relating to materials and labor used in the Work These materials shall be assembled in Warranty Manuals and submitted to the Owner through the Construction Manager.The Contractor shall perform the Work in a manner consistent with and so as to preserve any and all such guarantees and warranties If the Contractor performs warrantv work during the warranty period which later is discovered to not have been performed correctly,the Contractor shall repair the work in accordance with Section 12.2.2.3. S 3.5.2 In the event that the Contractor,or any of its Subcontractors performs any subsurface investigations, Contractor shall promptly forward copies of the results or reports of such investigations to the Owner Construction Manager and Architect. 4 3.5.3 Temporary or trial usage by the Owner of any mechanical device machinery,apparatus equipment or any work or material supplied under the Contract before substantial completion and written acceptance by the Architect or Commissioning Agent,shall not be construed as evidence of the Architects Commissioning Agent's,Construction Manager's or the Owner's acceptance of same or the commencement of any warranty periods. 3.5.4 The Owner shall have the right of such temporary or trial usage,for such reasonable time as the Owner Commissioning Agent or the Architect deem proper. 4 3.5.5 If the Contractor so elects it may,without cost to the Owner,make such trial usage. However,trials shall only be conducted with the Architect's and Commissioning Agents prior approval and under observation by either of them Equipment and/or materials shall be replaced or returned to"as new"condition prior to acceptance by the Owner or Commissioning Agent. The Go metw shall pet)-- ge into e€feet-.All purchases of construction or buildiny,materials shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. The Owner's State of Colorado tax identification number is 98-04557. The Owner's Federal Tax Identification Number is 84-6000563. PAGE 16 § 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 21 days after first observance of the conditions.The 4ehite i chitect Owner and Construction Manager will promptly investigate such conditions and,if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for,performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time,or both. If the Architect determines 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 in writing,stating the reasons.If either party disputes the Architect's determination or recommendation,that party may proceed as provided in Article 15. Additions and Deletions Report for AIA Document A201 TM—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and 8 International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: § 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 Omer Owner,Construction Manager 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. PAGE 17 § 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 remain on the Proiect Site without substitution until all Punch list items have been completed to the satisfaction of the Architect and the Commissioning Agent. No subcontractor shall perform work on the site without the presence of the Superintendent or Assistant Superintendent.The superintendent shall represent the Contractor,and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor,as soon as practicable after award of the Contract, shall furnish in writing to the Owner thfeug-the " "4 t and the Architect through the Construction Manager the name and qualifications of a proposed superintendent.The " ehite t-C'.onstruction Manager may reply within 14 days to the Contractor in writing stating(1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or(2)that the Architect or Owner requires additional time to review. Failure of the ^-ter Construction Manager to reply 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. The Contractor shall designate a second person in charge in writing in the event the Superintendent is temporarily absent due to illness vacation or any other causes . § 3.10.1 The Contractor,promptly after being awarded the Contract,shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Week. rk compliant with the ACC's Construction Scheduling Guidelines The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project,shall be related to the entire Project to the extent required by the Contract Documents,and shall provide for expeditious and practicable execution of the Work. § 3.10.2 The Contractor shall prepare a submittal schedule,promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule,and shall submit the schedule(s)for the Architect's and Construction Manager's approval.The Architect's and Construction Manager's approval shall not unreasonably be delayed or withheld.The submittal schedule shall(1)be coordinated with the Contractor's construction schedule,and (2)allow the Architect reasonable time to review submittals.If the Contractor fails to submit a submittal schedule,the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in gener-al accordance with the most recent schedules submitted to the r- `heel-and approved by the Owner Construction Manager and Architect § 3.10.4 This Contractor's Construction Schedule will include but is not limited to work activities required by each section of the specifications as listed in the Contract Documents to complete the Work. The duration sequence,cost for each work activity(separate amounts for labor and material) and dependency of the work activity on other work activities will be generated by the Contractor. The Construction Manager's Master Project Schedule is to be used among other functions to provide a comprehensive planning tool for completion of both the Work and the Protect Contractor will cooperate fully with the Construction Mana into the Master Proiect Schedule er in integrating the Contractor's Construction Schedule Additions and Deletions Report for AIA Document A20114—2007.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal 9 penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) 4310 5 Upon acceptance by the Construction Manager,the Master Project Schedule shall supersede previously submitted schedules Each updated Master Protect Schedule shall supersede previous updates. 3.10.6 The Contractor shall cooperate with the Construction Manager in scheduling and performing the Contractor's Work to avoid conflict delay in or interference with the Work of other Contractors or the operations of the Owner's own forces. 3.10.7 The Construction Manager,together with the Contractor,will monitor the Master Project Schedule and incorporate the Contractor(s)updates to their portions of this overall schedule. S 3.10.8 The Contractor will produce a short interval schedule on maior weekly work activities At each weekly job meeting this schedule will be reviewed by the Contractor with all affected Subcontractors and the Construction Manager. 3.10.9 Delivery and Storage. The Contractor shall exercise due diligence in seeing that all equipment,material and supplies are delivered in advance of the time they are needed on the job. PAGE 18 The Contractor shall maintain at the site for the Owner one copy of the Drawings,Specifications,Addenda,Change Orders and other Modifications,in good order and marked currently to indicate field changes and selections made during construction,and one copy of approved Shop Drawings,Product Data,Samples and similar required submittals.These shall be available to the Architect and shall be delivered to the ^ ehiteet fer submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12.5 The Contractor shall review for compliance with the Contract Documents,approve and submit to the ^-h'�tArchitect with a copy to the Construction Manager, 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. PAGE 19 § 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. If professional design services or certifications by a design professional related to systems,materials or equipment are specifically required of the Contractor by the "°Architect will specify all performance and design criteria that such services Contract Documents,the a t� p �' p must satisfy.The Contractor shall cause such services or certifications to be provided by a properly licensed design professional,whose signature and seal shall appear on all drawings,calculations,specifications,certifications,Shop Drawings and other submittals prepared by such professional.Shop Drawings and other submittals related to the Work designed or certified by such professional,if prepared by others,shall bear such professional's written approval when submitted to the Architect.The owner-Owner Construction Manager,and the Architect shall be entitled to rely upon the adequacy,accuracy and completeness of the services,certifications and approvals performed or provided by such design professionals,provided the OAIR`r Fiflid,-A-FOWK-4" Architect has specified to the Contractor all performance and design criteria that such services must satisfy.Pursuant to this Section 3.12.10,the Architect will review,approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. 3.12.11 Fire Protection and Life Safety Systems: All life safety systems and building assemblies shall be designed by a professional engineer licensed in the state of Colorado and shall be desiMied,constructed and installed in Additions and Deletions Report for AIA Document A20J TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA!Document is protected by U.S.copyright Law and 10 International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: accordance with the current applicable Aspen Fire Protection District requirements:NFPA 13 13D 13R as applicable;NFPA 72 Alarm S stems •2003 International Fire Code;all as amended bv the AFPD and adopted by the City of Aspen at time of permit submittal It is the Contractor's sole responsibility to ensure the fire protection sprinkler system is compatible with the waters stem pressures existing at the Project site. 3.12.12 Before orderiniz any material or doing any Work the Contractor shall verify all measurements for Work completed at the Project and shall be res onsible for their accuracy. Anv differences found shall be submitted to the Architect for consideration before Proceeding with the Work. The Contractor shall use its utmost efforts to identifv discrepancies in dimensions in a timely manner and notify the Owner and Construction Manager of these prior to commencing any work affected by the ambiguous dimensions No extra charge or compensation shall be allowed because of differences between actual measurements and the dimensions indicated on the drawings. PAGE 20 3.13.1 Protection of construction materials and equipment stored at the Project Site from weather,theft vandalism damage or all other adversity is solely the responsibility of the Contractor and its subcontractors to the extent that such losses are not covered by builder's risk insurance 3.13.2 During the performance of the Work required by this Agreement,the Contractor or Subcontractor, will use such entrances to the construction site that may be designated by the Owner. These entrances may be reviewed and changed from time to time by the Owner. 3.13.3 The Owner shall be responsible for snow removal only on public streets which have been dedicated to the City. Snow removal within the site for the purpose of performing and protecting Work shall be the responsibility of the Contractor. 3.13.4 Site Snow Management: Contractor acknowledges that the Proiect is to be built in an area of heavy seasonal snows. Contractor shall be responsible for site snow removal and designated snow storage areas adequate to store 100% one hundred percent)of the snow from the site during the snow season. 3.13.5 The Contractor shall erect and maintain a 8'-0"chain link fence around the perimeter of the construction site throughout the Construction Phase. The area inside the Perimeter of the fence shall include areas ad2quate for 100% one hundred percent)of site snow storage 3.13.6 The Contractor shall be responsible for the mitigation and/or abatement of all noise dust erosion fumes traffic recycling of construction materials or other by-product of construction activity that have an adverse effect on the adjacent residents Such mitigation and/or abatement shall comply with the Aspen Building Department and Aspen Engineering Department's requirement for a Construction Management Plan(CMP) including but not limited to Dust Control Erosion Control traffic management,recycling,mud mitigation and clean up and Noise Control. 3.13.7 Erosion Control: Contractor shall prepare and implement a Stormwater Pollution Prevention Plan in accordance with EPA's National Pollutant Dischar a Elimination System PDES)General Permit for stormwater discharges from Large and Small Construction Activities(effective June 30 2008) Any mud tracked onto public roadways shall be removed daily. 3.13.8 The Contractor is advised that the project site area is subiect to high winds The Contractor shall maintain all materials secured or tied down daily to prevent possible damage caused by flying materials and debris. §3.13.9 The Contractor shall maintain access around the construction site 3.13.10 The Contractor shall furnish and maintain sufficient sanitary facilities for its own forces The facilities of the existing buildings will not be available for construction use 3.13.11 Inappropriate Behavior:The Contractor shall control its employees and subcontractors on the lob site at all times. Alcohol and illegal drujzs shall be strictly prohibited on the Project at all times. Any intoxicated person(s)shall be immediately removed from the Project. Workers shall dress in an appropriate manner on the Proiect at all times Profanity and loud or offensive behavior shall be strictly prohibited as well as any other activities deemed Additions and Deletions Report for AIA Document A201 T"—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal 11 penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) inappropriate to the Owner. The Owner shall be entitled to demand the permanent removal from the Proiect of any person(s)who are repeat offenders. 3.13.12 The Contractor shall layout and mark any plantings,shrubs and trees which will require removal a minimum of five(5)business days prior to their removal The Contractor shall notify the Architect and Construction Manager in writing immediately upon completion of this marking. The Construction Manager will then ive permission for removal in writing to the Contractor. Plantings, shrubs and trees shall not be removed or damaged without such permission. 3.13.13 The Contractor shall provide all reasonable protection to prevent damage,injury or loss to all persons at the site and all property at the site and adjacent thereto The Contractor acknowledges the Project site is adjacent to existing structures which will be occupied during the performance of the Work. § 31314 The Contractor shall notify all public utility companies a minimum of two(2)business days prior to the commencement of any work by it or its subcontractors in the vicinity of the utilities. No work shall commence until the utilities have been located and staked by the utility company or written consent from the Architect to proceed has been given to the Contractor. If the utility service must be interrupted the Contractor shall notify the head of the local utility services the Owner,the Architect the Construction Manager, and the utility users affected by the interruption.. Such notice shall consist of direct written communication publication in a local newspaper,and/or announcement on local radio or television stations whichever is most reasonably calculated to give notice to such utility users. PAGE 21 § 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. PAGE 22 § 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 Proiect The term"Architect"means the Architect and the authorized representative. 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 Wiest Construction Manager,with a copy to the Owner and Architect,about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect.Communications by and with Subcontractors and material suppliers shall be through the Contractor.Communications by and with separate contractors shall be through'' -the Owner or the Construction Manager. PAGE 23 Additions and Deletions Report for AIA Document A201 TM—2007.copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.copyright Law and 12 International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: § 4.2.8 The ^"ter Construction Manager will re are Change Orders and Construction Change r,:_ p P g g 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. PAGE 24 § 5.2.1 Gentraet Deetiments or the bidding 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. § 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 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 previously selected if the Construction Manager, Owner or Architect makes reasonable objection to such substitution. §5.2.5 The Contractor shall after receipt of Notice to Proceed and approval of the list of subcontractors and material suppliers, lace orders for all equipment,materials and supplies required for the Work with reasonable promptness. Contractor shall submit to the Construction Manager evidence that such orders have been placed. By appropriate validity,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,which the Contractor, by these Documents, assumes toward the Construction Manager,Owner and Architect.Each subcontract agreement shall preserve and protect the rights of the Construction Manager Owner and Architect under the 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. Wh -°app „P,iate,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 25 Additions and Deletions Report for AIA Document A201 T"'—2007.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result in severe civil and criminal 13 penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) § 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 o� their construction tial schedules in the context of the Master Proiect Schedule.The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual ,ehe A agreement with the Construction Manager and the Owner.The Contractor's construction and the Master Proiect Schedule as revised, shall then constitute the schedules to be used by the Contractor,Construction Manager, separate contractors and the Owner until subsequently revised. § 6.2.1 The Contractor shall afford the Owner-Owner the Construction Manager,the Architect, 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 diseeveiakil�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 .vi because of the Contractor's delays,improperly timed�i�fies sactivities 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. PAGE 26 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,the Owner may clean up and the A r- t-Construction Manager will allocate the cost among those responsible. §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 r ti �� The total allowable overhead and profit on changes in the Work included in the efdef total cost to the Owner shall be based on the following schedule: Additions and Deletions Report for AIA Document A201 TM—2007.copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and 14 International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: .1 For the Contractor, for Work Performed by the Contractor's own forces ten percent 10% of the cost. .2 For the Contractor,for Work nerformed by the Contractor's Subcontractor,five percent 5% of the amount due the Subcontractor. .3 For each Subcontractor or Sub-subcontractor involved for Work Performed by that Subcontractor or Sub-subcontractor's own forces ten percent(10%)of the cost .4 For each Subcontractor,for Work performed by 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 of costs including labor,materials and subcontracts Subcontract pricing shall also be itemized. 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 PAGE 27 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 without an authorized signature in accordance with the City of Aspen Procurement Code § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the ^ '*�tConstruction Manager shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change,including, in case of an increase in the Contract Sum,an amount for overhead and profit as set forth in the-Agreement e er-i fne s. h r h amatint-is set the,kVeement,a reasonable amotint.In sHeill ease,and also under-Seetiell b Agreement under Section 7 1 3 the Contractor shall keep and present, in such form as the A hiteet Construction Manager may prescribe,an itemized accounting together with appropriate supporting data.Unless otherwise provided in the Contract Documents,costs for the purposes of this Section 7.3.7 shall be limited to the following: PAGE 28 4 Costs of premiums for all bonds and insurance,permit fees and sales,use •l related to the Work;and .5 Additional actual costs of supervision and field office personnel directly attributable to the change. § 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 "-h iteettConstruction 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. Additions and Deletions Report for AIA Document A201 T"—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this A10 Document,or any portion of it,may result in severe civil and criminal 1$ penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) 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.c ya 9 &AY4 g as 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. PAGE 29 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 51 Require the Contractor to prepare a Recovery Plan to get back on schedule within ten(10) days. § 8.2.5J.1 If the Recovery Plan proposed by the Contractor does not reflect completion of the Project by the applicable Contractual Milestone or completion dates in the current Contractors Schedule,as adjusted,the Owner may unilaterally establish a Recovery Plan and the Contractor shall comply therewith and/or the 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 Contractors expense. 4 8.2.5.5 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 an act or neglect of the Owner or Architect,Construction Manager, or of an employee of either,or of a separate contractor employed by the Owner;or by changes ordered in the Work;or by labor disputes,fire,unusual delay in aTtransportation, unavoidable casualties or other causes beyond the Contractor's control;or by delay authorized by the Owner pending MW-d-iAtiOn and ;mediation;or by other causes that the Architect or Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect and Owner may other than the Contractor. determine.This provision shall not affect or limit the Owner's ri is against an art Where the Contract is based on a stipulated sum or Guaranteed Maximum Price,the Contractor shall submit to the Arehite Architect and Owner through the Construction Manager,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 Additions and Deletions Report for AIA Document A201 TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA!Document is protected by U.S.copyright Law and 16 International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: 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 Applications for Payment. PAGE 30 § 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 ifreq ir- values under Section 9.2,for completed portions of the Work. Such application shall be notarized,if required,and supported by such data substantiating the Contractor's right to payment as the 9wt+er-Owner, Construction Manager or Architect may require, such as copies of requisitions from Subcontractors and material 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 egerstored 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,material suppliers,or other persons or entities making a claim by reason of having provided labor,materials and equipment relating to the Work.Evidence of payment for all work included in previous payments to the Contractor shall be provided in writing_from each subcontractor and material supplier. § 9.3.4 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 comprising the Application for Payment,that,to the best of the Architect's knowledge, information and belief,the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Des. Documents,and that the As-Build Record Drawings are updated in electronic format,and that the Contractor's Construction Schedule is updated through the date of the Application for Payment.The foregoing representations are subject to wi-the Architect's 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.The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However,the issuance of a Certificate for Payment will not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques, sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. Additions and Deletions Report for AIA Document A201 TM—2007.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.Copyright Law and 17 International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) § 9.4.3 Retainage of five percent(5%)will be withheld. PAGE 31 § 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 Gaer 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, or 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. § 9.5.4 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. PAGE 32 § 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 0,AffieF has the Fight te Fequest NwiRen evidenee fiam the GentFaetew-Contractor shall provide evidence to the Owner that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted WeFk.-Work beginning with the second Application for Payment.If the Contractor fails to furnish such evidence within seven days,the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid.Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor,except as may otherwise be required by law. Additions and Deletions Report for AIA Document A201 T1—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and 18 International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) § 9.6.7 Unless the GeHtfaeter prevides the O-A",Fwith a payment bend in the M penal stim &f the Gelitfaef MfflielitsTa ments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held in trust by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials,or both,under contract with the Contractor for which payment was made by the Owner.Nothing—ee i a i 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 dispute Architect,then the Contractor may,upon sevef+- eon(I S)additional days' written notice to the Owner and Architect,stop the Work until payment ofthe amount owing has been received.The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down,delay and start-up,plus interest as provided for in the Contract Documents. § 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 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 ^haeet—.A_rchitect 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. PAGE 33 § 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 such Certificate.Upon such acceptance and consent of surety,if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for 200%of the value of the Work that is incomplete or not in accordance with the requirements of the 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 Qperations and Maintenance manuals as applicable. 9.8.7 The Contractor shall furnish the Owner "As built Record Drawings"on CD disk using AutoCAD Version 2004 or later,and one set of reproducible m lars certified and stamped by an engineer licensed in the State of Colorado. The Architect shall furnish one set of the original bidding documents to the Contractor for this work as"backgrounds"in electronic media as described above.Record Specifications shall be similarly modified using the latest version of MS Word Windows XP. The Contractor shall furnish the Owner"As-built Record Drawings"on compact disk at Final Completion. Additions and Deletions Report for AIA Document A201 TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA!Document is protected by U.S.copyright law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal 19 penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) § 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 as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project.Such partial occupancy or use may commence whether or not the portion is substantially complete,provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage,if any, security,maintenance,heat,utilities,damage to the Work and insurance,and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents.When the Contractor considers a portion substantially complete,the Contractor shall prepare and submit a list to the Architect and Construction Manager as provided under Section 9.8.2.Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld.The stage of the progress of the Work shall be determined by written agreement between the Owner and 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 fee csj efully document 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 fteeeptanee acceptance a Final Certificate of Occupancy has been obtained on each building, and upon receipt of a final L hit •."the Construction Manager will schedule the Architect and Commissioning Application for Payment,�����- ••--• Agent to promptly make such inspection and,when the Architect finds and Commissioning Agent find the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge,information and belief,and on the basis of the Architect's on-site visits and inspections,the Work has been completed in accordance with terms and conditions of the 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 not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner,(3)a written statement that the Contractor knows of no substantial 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 and(5),if required by the Owner,other data establishing payment or satisfaction of obligations,such as receipts,releases and waivers of hef;�,-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 4eirclaim.If such 4ewrgJaim remains unsatisfied after payments are made,the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such}iei3-claim,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�confirm,the Owner shall,upon application by the � r-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 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 surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment,except that it shall not constitute a waiver of claims. PAGE 35 Additions and Deletions Report for AIA Document A201 TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970, (r 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA!Document is protected b U.S.copyright Law and 2 International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: § 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. § 10.3.2 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 such material or substance or who are to perform the task of removal or safe containment of such material or substance.The Construction Manager Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner.If either the Contractor or Architect has an objection to a person or entity proposed by the Owner,the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection.When the material or substance has been rendered harmless,Work in the affected area shall resume upon written agreement of the Owner and Contractor.By Change Order,the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down,delay and start-up. § 10.3.3 Te the lidliest extent peFfnitted by law,the Owner shall indeffini6,and held hafmiess theC-eH#aet_er_ death as deser-ibed in Section 10.3.1 and has not been r-eiije]Fed haFmless,pr-evided that sueh elaim, damage,-less-er (other-than the Wer-k itself),eNeept te the extelit that sueh damage,less er expease is due te the fault ef negligenee-4 the r �....�+ ,sees imng adew._•._.Omitted. § 10.3.4 The Owner shall not be responsible under thi s 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. PAGE 36 § 10.3.6 if, Omitted. § 11.1.1 The Owner has purchased and maintained an Owner's Consolidated Insurance Program("OCIP")to cover the liability insurance excess liability insurance builders risk insurance and Contractor's pollution liability during the construction,and completed operations phases of the Project The OCIP does not include any Workers Compensation insurance coverage or professional liability insurance coverage The OCIP coverage and insurance required to be provided by the Contractor and subcontractors is further clarified by Exhibit A the OCIP Addendum. Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance required to be obtained by the Contractor under Exhibit B OCIP Addendum,as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations and completed operations under the Contract and for which the Contractor may be legally liable,whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: Additions and Deletions Report for AIA Document A20111-2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and Ale Document,or any portion of it,may result in severe civil and criminal 21 International Treaties.Unauthorized reproduction or distribution of this AI penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) § 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 correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract sDocuments,or until the end of the Colorado statute of repose whichever is longer. § 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance.These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage,including coverage for completed operations,shall be submitted with 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' laims paid under the General Aggregate,eF both,shall be furnished by the Contractor with reasonable promptness. § 111.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1)the Owner,the Construction Manager,the Architect and the Architect's consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor 's operations; and(2)the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. 6 11.1.5 Limits of Insurance: See Exhibit B OCIP Addendum 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 eriod thereto and may a 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 se C.R.S. as from time to time amended or otherwise available to Owner,its officers, or its employees. 411.1.9 Owner's Insurance:The parties hereto understand that the Owner is a member of the Colorado Intergovern- mental Risk Sharing Agency(CIRSA)and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Contractor for inspection during normal business hours Owner makes no representations whatsoever with respect to specific coverages offered by CIRSA Owner shall provide reasonable notice of any changes in its membership or participation in CIRSA. 11.1.10 Deductible:The Contractor shall pay any amounts not covered because of a deductible under the OCIP general liability policy up to$10,000 per claim. PAGE 37 Additions and Deletions Report for AIA Document A201 TM—2007.copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 22 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA!Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: § 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 without optional deductibles. 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 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered,whichever is later. This insurance shall include interests of the Owner,the Contractor, Subcontractors and Sub-subcontractors in the Project. PAGE 38 § 11.3.1.2 above,wid mri ` bl th ' .Omitted. § 11.3.1.3 If the property insurance requires deductibles,the 9wmrer Contractor shall pay costs not covered because of such ''deductibles up to$10,000 per claim The Owner--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. 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. 449°._.mo_ all rights of aetieH against w eRused. § 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 QFVnnr Shah if ib! Contractor may include such insurance,and the cost thereof shall be r�,�. for a determination regarding incorporating the cost into the GMP submitted to the Owner § 11.3.5 Pr-ejeet during the eanstfuetien period,the 0,Aner-shall%eive all Fights in aeeer-daneewith the teFms of Seratinn I I q Shall PIFOVidethiSA'aiVeF et'stibregation by-,-A, Omitted. § 11.3.6 Before an exposure to loss may occur,the Oi"eFContractor shall file with the Ge Owner a copy of each policy that includes insurance coverages required by this Se tic 44-.3—. 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 Ce.Mae-,,Owner. Additions and Deletions Report for AIA Document A201 TM—2007.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal 23 penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) 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 Ovmer as fidueiai7, 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. Fa••��� § 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner •T and made payable to the Owner �T 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 0,Amer-as fiduciary s ' give bond feppFepe"er-fepmanee of the wfier's duties-.The a as ca -• 44 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 aeee.anee with 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. Fdtieiary shall have power to adjust and settle a loss with insurers unless one of the parties in § 11.3.10 The Owner T P J 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. binding dispute+eselff4ffi,the O-A%er as fidueiai-75,shall make settlementwith insur-eFS Of,in the ease of a disp*te-eveF PAGE 39 § 11.4.1 ntraeter to Contractor shall furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder ach 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. 11.4.3 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 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. Additions and Deletions Report for AIA Document A201 TO—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and 24 International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: § 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. The Contractor shall promptly correct Work rejected by the Architect or Commissioning Agent or failing to conform to the requirements of the Contract Documents,whether discovered before or after Substantial Completion and whether or not fabricated,installed or completed.Costs of correcting such rejected Work,including additional testing and inspections,the cost of uncovering and replacement,and compensation for the.Construction Manager's Architect's and Commissionin- 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 eae-yeaf-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 an 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 written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition.During the else yew-two year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction,the Owner waives the rights to require correction by the Contractor.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 2.4. § 12.2.2.2 The efie-yetf-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 0He-year-tw2-vearperiod for correction of Work shall Abe extended b�-for any 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. However in no instance shall the duty to correct,repair or replace the Work provided under this section exceed a duration of three(3) Years from the date of Substantial Completion § 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 ene-}eaf�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. PAGE 41 Written notice shall be deemed to have been duly served if delivered in person to the individual,to a member of the firm or entity,or to an officer of the corporation for which it was intended; or if delivered at,or sent by registered or certified mail or by courier service providing proof of delivery to-,the last business address e-to the respective versons at the addresses listed below. Additions and Deletions Report for AIA Document A201 T^'—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document Is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result In severe civil and criminal 25 penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) Owner: City Manager City of Aspen 130 South Galena Street Aspen Colorado 81611 Contractor: Bruce Gentry R A.Nelson,LLC P.O.Drawer 5400 Avon,CO 81620 Architect: Eduardo Illanes OZ Architecture 3003 Larimer Street Denver,CO 80205 Construction Mana>zer: Rob Taylor Rider Levett Bucknall 1675 Larimer Street,Suite 470 Denver,Colorado 80202 PAGE 42 Pa54nenta-dtte and unpaid undeF the CefitFaet Daeunients shall beaF interest fiem the date payment is due at s Re 4 the- as the pafties may agree open in wTiting er-,in the absenee thereof,at the lega-- 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 'ud ment whichever is later. Aspen Municipal Code Sec.4.16.070.Interest. 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 y l able�d aw Own any-ease—net mere than !0 years after the date of Substantial Gempletien of the V-E�.Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. .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 § 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 Additions and Deletions Report for AIA Document A201 TM—2007.copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and 26 International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: the Owner and Architect,terminate the Contract and recover from the Owner payment for Work executed,including reasonable overhead and 4 and profit on the work completed and costs incurred by reason of such and damages-termination. PAGE 43 § 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. 14.2.4.1.1f 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. § 14.3.2 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 pre€rt:- an equitable adjustment of the Contractor's fee on any services performed or Work completed No adjustment shall be made to the extent PAGE 44 § 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 anv 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 assimment 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 Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Arehiteet,if the AlFebitest is net serwing as _ Initial _ _ i Construction Manager.Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim,whichever is later. 415.1.3 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 an •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 Additions and Deletions Report for AIA Document A201 TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and Ale Document,or any portion of it,may result in severe civil and criminal 27 International Treaties.Unauthorized reproduction or distribution of this AI penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) extent of the injury claimed to have been suffered; and a statement of the amount of monetary damages that is being requested. PAGE 45 15.1.4.1 In no event shall adjustment to the Contract Sum be made for conditions of which the Contractor knew or should have been known or which would have been noticed by a Contractor of similar experience pursuant to on-site inspection,by conditions referenced in any other inspections or tests concerning the site which have been made available to the Contractor,which have been performed by the Contractor or its subcontractors or are part of the Contract Documents used in constructing the improvements. § 15.1.6 CLAIMS FOR Goo-SPIQlAiNP-Al DAMAGE .2 damages ifieurfed by the-C-en per-sennel stationed there,feF losses effinaFleing,business and reputatie ,and ftebf:105S OfpFefit e*eept qphis ffitAual waiver is-applieable,without jifniwian,to eAl eensequential damages due te either paft-y's terminatien it' aeeaf danee with Affiele 14.1�jething eantained in this Seetien 15.1.6 shall be deemed te preelude an a-,Aef: s of the Centfaet-��- 415.1.5.3 Extensions of the Contract Time for delays due to weather conditions may be made only when such conditions are more severe and extended than those reflected by the ten-year average for the month as evidenced by the Colorado Climate Data maintained by Colorado State University Fort Collins Colorado or other data as mutually ageed between Owner and Contractor,for the protect area Extensions of time due to weather will be granted on the basis of one-and-four-tenths(1.4)calendar days added for every working day lost,with each separate extension figured to the nearest whole calendar day. The extension of the Contract Time for weather conditions will occur only in the event that the weather in question impacted activities on the critical path of the Contractors current Construction Schedule. § 15.2.1 Claims,excluding those arising under Sections 10.3, 10.4, 11.3.9,and 11.3.10, shall be referred to the Initial Decision Maker for initial decision.The Architect will serve as the Initial Decision Makef,tmiess th rwise indie t°d in A eem .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. PAGE 46 § 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 15.1.6 shall be subject to mediation as a condition precedent to bindin dispute 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 ^ -_ -Alfbitfatien Asseeiatie icial Arbiter Group Denver Colorado, in accordance with is-the 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`ispute esekit'n r Additions and Deletions Report for AIA Document A201 T'—2007.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 28 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIO Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: litigation proceedings but, in such event,mediation shall proceed preeeedi"s,"ieh shall be stayed pending mediatien for-a per-i 9d of stayed for a longer period by agreement of the within 60 days from the date of filing,unless 15.3.2,the pai4ies may Aien of the ar-hitfateqs) pieeeeding . arties. ateIr § 15.3.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the pl-aee Aspen,Colorado Written agreements,executed by the parties reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § RAN § 16.4.1 "e paFfies haw se.lee4.e.d afbitf.atien as the method fer binding dispute r-eselutien in the Agreewent-,� peffniAed te be demanded. 41--an of legal or-equitable pf:eeee lings based en § 15.4.2 The a%,aFd r-endeFed by the ar-bitfater or-arbitrators shall be Ai -1d upen it in § 15.4.3 The fer-againg weement to af:bitr-ate and E)theF affee Refits tE)afbit!Fat",ith an additieeal per-S614 OF entity duly eensented 40 13),par-ties to the Agreement shall be speeifieally enfereeable under amheable la-%,in afl5'60HIFt ha"4ag jurisdiction thereof § 15.4.4.2 Is or-entities substantially involved in—a pemen OF entity shall net eqffstittlte eensent to ar-bitration Bf-afi),elaim,dispute r-other mattef in-ques6en-i+(4 e don :bed 4i. itt - iiJGT[Lt v - 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 Pro'ect when requested by the Owner. .1 The Contractor shall participate once per month in a Prowess meeting with the Owner, including a walk-through ofthe 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 Additions and Deletions Report for AIA Document A201 TM—2007.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal 29 penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) 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. 17.2 Definitions. The ol lowing 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 iointly 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. g 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. 4 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: .l 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 Additions and Deletions Report for AIA Document A201 T1—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA!Document is protected by U.S.copyright Law and 30 International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. (1918334263) User Notes: notice required pursuant to this section the subcontractor does not stop employing or contracting with the illegal alien 7 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 Em to ent 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 12ertaining 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. the same rights ofjoin"-"d r--,A-Rqnji Additions and Deletions Report for AIA Document A201 TM—2007.Copyright O 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA!Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result In severe civil and criminal 31 penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/15/2014 under Order No.2777914493_1 which expires on 11/24/2014,and is not for resale. User Notes: (1918334263) Certification of Document's Authenticity AIA®Document D401 TM - 2003 I,Janet Lawler McDaniel,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 13:48:26 on 01/15/2014 under Order No.2777914493_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document A20 ITM—2007, 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) AIA Document D407 TM—2003.Copyright©1992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is 1 protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may software at 13:48:26 on 01/15/2014 penalties, der No be prosecuted to the maximum extent 9 44 9 3 1 which expies on 11 possible islnot foreesa resale. This document was produced by AIA (1918334263) User Notes: Certification of Document's Authenticity AIA®Document D401 TM —2003 1,Janet Lawler McDaniel,hereby certify,to the best of my knowledge, information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 13:48:26 on 01/15/2014 under Order No.2777914493_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIAt Document A20ITM—2007, 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) _ fiol-/14- (Dated) AIA Document D401"'—2003.Copyright O 1992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This AIA!t]ocument Is protected by U.B.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this AIA!Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:48:26 on 01/1512014 under Order No.2777914493_I which expires on 11/2412014,and is not for resale. User Notes: (1918334263) Exhibit A Tm GTY of ASFFN REQUEST FOR PROPOSALS Sealed proposals will be received at the City of Aspen Purchasing office until 2:00pm, Friday, October 18, 2013, at which time the proposals will be opened and reviewed, for the following City of Aspen project: Burlingame Ranch Phase IIAii Vertical Construction Multifamily Buildings 5-7 The project will include, but is not limited to: • Civil infrastructure earthwork and utility services related to buildings 5, 6 and 7 • Ancillary parking structures related to buildings 5, 6 and 7 • Vertical construction of buildings 5, 6 and 7 (total of 34 deed restricted affordable condos) • Site work and landscaping related to buildings 5, 6 and 7 Complete proposal packages are available to download or from www.rock)Eountainbidsystem.com Vendors must be registered to view the bid packages. There is no charge to register. Call 1-800-835-4603 if you need assistance registering. The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the Proposal which is in the City's best interest. The City further reserves the right, in the best interests of the City,to waive any technical defects or irregularities in any and all Proposals submitted. The Proposal must be placed in an envelope securely sealed therein and labeled: "Burlingame Ranch Phase IIAii Vertical Construction Multifamily Buildings 5-7" 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 criteria set forth in the Instruction to Offerors and any specific criteria listed below, may be considered in judging which Proposal is in the best interests of the City. The City cannot accept late, faxed, or emailed proposals. Weather conditions often delay carrier package delivery. It is your responsibility to allow sufficient time for package delivery and to verify that your proposal was received. Proposals received after the specified closing date may be returned. BY ORDER OF THE CITY OF ASPEN, COLORADO Rebecca Hodgson,Purchasing RFP for Burlingame Ranch Phase IIAii Vertical Construction Multifamily Buildings 5-7 Page 1 of 10 TFIE CITY OF ASPEN Contents I. Purpose Page 3 II. Proiect Description Page 3 III. Scope of Work Page 4 IV. Proposal Content and Format Page 7 V. Intent to Participate Page 8 VI. Proposal Submission Page 8 VII. Questions Page 8 VIII. Evaluation Criteria Page 9 IX. Procurement Timeline Page 9 X. Contract/Lmal Page 9 XI. Confidentiality of Records Page 10 XII. List of Attachments Page 10 RFP for Burlingame Ranch Phase IIAii Vertical Construction Multifamily Buildings 5-7 Page 2 of 10 DIE CITY OF ASPEN I. Purpose The City of Aspen Capital Asset Department is seeking proposals from developers or general contractors who specialize in or have proven capability for the creation/construction of multifamily housing developments. The subject project is the construction and handover of Burlingame Phase II Buildings 5, 6 and 7, a total of 34 deed-restricted affordable condominium housing units, with a total gross building square footage of±40,139 sf. II. Project Description The City of Aspen is,in the process of developing a large-scale affordable workforce housing development at Burlingame Ranch in Aspen, Colorado. Burlingame Ranch is located approximately 2.5 miles northwest of downtown Aspen and can be accessed from State Highway 82 by turning East onto Harmony Road and following Harmony Road for approximately 1/2 mile to Burlingame Ranch. Burlingame Ranch Phase I was completed in 2007 and consists of 84 condominium units. The Burlingame Ranch Phase I site is located immediately adjacent to the Burlingame Ranch Phase II site and is a thriving workforce housing neighborhood today. • Burlingame Ranch Phase II buildings 1, 2, 3 and 4 are currently being constructed on behalf of the City of Aspen by Haselden Construction. Completion and handover of buildings 1 and 2 is scheduled for December 2013. Completion and handover of buildings 3 and 4 is scheduled for January 2014. Upon completion and handover of each building, new homeowners are scheduled for immediate occupancy. Completion of landscape associated with buildings 1, 2, 3 and 4 is anticipated to run through summer of 2014. Due to the close proximity of buildings 5, 6 and 7 to the new Phase II homeowners in buildings 1, 2, 3 and 4 as well as the existing Phase I neighborhood, special care is needed to minimize construction impacts to the existing neighborhoods. The City of Aspen has a working construction management plan (CMP) which is expected to be followed by the constructor of buildings 5, 6 and 7. Construction of buildings 5, 6 and 7 is anticipated to begin on or around April 1, 2014 pending the necessary building permits, which will be applied for by the City of Aspen Capital Asset Department and its design consultants. Completion and handover of buildings 5, 6 and 7 is required to facilitate occupancy by new homeowners before end of year 2014 with completion of associated landscape to follow into 2015. The City of Aspen will be providing an Owner • Controlled Insurance Program (OCIP). RFP for Burlingame Ranch Phase IIAii Vertical Construction Multifamily Buildings 5-7 Page 3 of 10 Scone of Work T}iE CITY OF ASPEN III. The scope of work shall be defined by the documents listed in Section XII. List of Attachments. You will receive a link to the public dropbox web folder containing the list of attachments when you communicate your intent to participate per Section V. Intent to Participate. Buffingame Phase IIA11 Work Area ' I P4 P7 4 - - - - epcke P3 R03 RO- P1 ,. => N LOCat1Q 00ail Note Building 5 Pod F-4 units J 5,665 GSF Building 6 Pods C&D- 15 units 17,237 GSF GSF excludes balconies Building 7 Pods C&D- 15 units 17,237 GSF GSF excludes balconies Carport P5 9 carport/storage units Foundation already constructed plus 1 bay for transit/mail Carport P6 6 carport/storage units plus 1 bay for trash Carport P7 15 c ort/stora a units Foundation already constructed Civils, Earthwork, Paving P5,P6,P7 Roadway, curb&gutter,and Utilities, Surface parking lots only. permeable pavers to the cul-de- Parking,Concrete S2 lights at site sac are already constructed. Walkways, Site walkways. S I street lights are already Railings. Landscape installed. and Irrigation from All ROW work including 135 to 137. parallel parking is complete. • RFP for Burlingame Ranch Phase IIAii Vertical Construction Multifamily Buildings 5-7 Page 4 of 10 TFiE CITY OF ASPEN III.1. Scope of work notes to bidders IIL 1.1. General 1. The asphalt roadway and permeable pavers along Paepcke Drive will be in a finished state from the intersection of Mining Stock and Forge Road to the cul-de-sac west of Park 2 (station 15.00). Contractor to allow for appropriate protection and/or repair of the roadway and curb and gutter as necessary. 2. Contractor shall close Paepcke Drive west of the entrance to parking lot P4 (approximately station 20.00). Residential traffic for buildings 1 to 4 will go in and out of P4 from the East. Contractor access along the west leg of Paepcke Drive is from the south intersection at Harmony Road. 3. Contractor to comply with current City of Aspen hours of work regulations. 4. Contractor to comply with current City of Aspen noise restrictions. 5. 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: http://www.gWenpitkin com/Departments/Engineerin./Design Construction/Construction Miti ation/. Adjoining CoA property to the south of Building 7 may be used for lay down, staging and parking (include as part of CMP). Contractor responsible for reclamation/revegetation. 6. Contractor to allow co-ordination as necessary for other projects occurring adjacent to site including but not limited to. City of Aspen Parks Department Construction, City of Aspen Utilities Deer Hill Project, Burlingame Ranch Phase 2Ai Buildings 1 through 4 completion and landscaping. 7. Contractor to allow for project work area mesh fencing with wind/dust fabric 8. Contractor will be required to openly communicate and proactively manage concerns with the Burlingame Ranch residents and homeowners associations. 9. There is to be NO access through Phase I and the occupied area at Buildings 1 to 4 of Phase II. At the entrance to Burlingame Ranch, all construction traffic must make a LEFT TURN ONLY on to Paepcke Road. 10. Utilities are LIVE under the full loop of Paepcke Road — or particular note is the 25kV City electrical main, Holy Cross "Ajax-Highlands" electrical mains and the Aspen City water main. III.1.2. Civil 1. Utility infrastructure in the road and right of way will be completed. 2. Contractor to allow for building (and pod) service connections to the utility mains for water, sanitary sewer, low voltage, electrical, gas. 3. Contractor to allow for erosion control and dust control of the work area and Paepcke Road access road IIL 1.3. Landscape 1. Irrigation work will consist of reconfiguring detailed irrigation by connecting to the 3" mainlines already installed along Paepcke Road and the central north-south walkway. Contractor to exclude any reconfiguration of the 3" mainline suggested by sheets Volume RFP for Burlingame Ranch Phase IIAii Vertical Construction Multifamily Buildings 5-7 Page 5 of 10 Tate CITY OF ASFFn 5/I.2.2 and 12.4. Please provide unit cost per l.f. of any mainline reconfiguration should this be necessary. 2. Sleeves are already provided under the roadway in key locations. 3. Fall grass seeding is acceptable. Contractor to allow for filling in any dead or non- established spots. 111.1.4. Architectural 1. Contractor to note that the window and door flashing detail has liquid applied flashing to the opening and then membrane flashing over this liquid applied flashing. 2. Contractor to allow for soffit blocking at the eave overhang so that Hardie Soffit can be installed per standard Hardie installation details. 3. Contractor to allow for RI acoustical/sound batts to all interior bathroom, mechanical/laundry room and bedroom walls. 4. Contractor to allow for 1.5" gyperete to meet manufacturers requirements. 5. Allow for all metal mesh and all misc metals to be powder coated black. 6. Contractor to allow for Trex"select" decking III.1.5. Structural 1. Concrete foundations have been constructed to Carport structures along the west of the project site at P5 and P7. Associated pier footings and concrete flatwork (and backfill under this flatwork) is required to be completed at P5 and P7. P6 requires all concrete work. III.1.6 Electrical 1. Contractor to include one 100kVA transformer (#5) adjacent to Building 7. Cooper transformers are preferred by the City of Aspen Utilities Department. Refer Exponential Engineering Design documents and spec. 2. The electrical service and transformer vaults have already been installed in Paepcke Road. Transformer therefore is just supply and connect to existing main. City of Aspen Utilities will provide oversight of final transformer connection. 3. Linemen only may carry out work on transformers and 25kV City Electric Main. 1II 1.7 Mechanical and Plumbing 1. Contractor to provide add alternate for design-build installation of solar thermal system meeting REG engineering guidelines attached (dated 12-10-10). Solar thermal system to be south facing and each pod is to have SIX 4'x10' solar hot water panels, racks, two insulated indirect water tanks, a circulator pump, controls, piping, antiscald valve, isolation valves, relief valve, solar check valve, expansion tank, gauges and BTU meters. 2. Water metering at each water entry room in each pod per City of Aspen Water Department standards. Contractor shall provide no condo unit sub-metering for water. III.1.8 Fire Protection 1. Fire protection subcontractor to integrate fire alarm network into existing building 1-4 system. 2. Contractor to include fire alarm integration of Building 5 which is inadvertently omitted from sheet Volume 5/FP.1.02 RFP for Burlingame Ranch Phase IIAii Vertical Construction Multifamily Buildings 5-7 Page 6 of 10 THE CITY OF AWN III.1.9. Special Instructions 1. 'Per City of Aspen regulations this project is Tax and Use Tax exempt. 2. Contractor to include 2% construction contingency. Use of this shall not be unreasonably withheld by the Owner. 3. Contractor's proposal must be valid until February 28. 2014 to allow for approvals, contract compilation and issuance of a notice to proceed. 4. Construction of buildings 5, 6 and 7 is anticipated to begin on or around April 1, 2014 (or before weather permitting) pending the necessary building permits, which will be applied for by the City of Aspen Capital Asset Department and its design consultants. 5. Completion and handover of buildings 5, 6 and 7 is required to facilitate occupancy by new homeowners before end of year 2014 with completion of associated landscape to follow into 2015. 6. The City of Aspen will be providing an Owner Controlled Insurance Program (OCIP) with a $10,000 deductible. Contractor is responsible for deductible for claims under$10,000. IV. Proposal Content and Format Proposals must contain the following information in the format below: IV.1. Experience References & Financial Standing IV.1.1. Relevant recent experience including dollar volumes IV.1.2. References including contact information IV.1.3. Financial standing& bonding(i.e. current bond letter) IV.1.4. Bankruptcies, lawsuits, liens IV.2. Proposed Services: IV.2.1. Project understanding narrative IV.2.2. Proposed services/construction management methodology IV.2.3. Proposed staffing including roles, responsibilities and qualifications IV.3. Guaranteed Maximum Price (GMP) Proposal per the GMP bid summary form provided IV.3.1. Overall Summary by CSI section, including Direct Costs, and any Contingencies, GCs, Bonds, Fees to construct the entire scope of work. IV.3.2. General Conditions and General Requirements line item detail including quantities and unit costs IV.3.3. Direct cost detail per building in CSI format including quantities and unit costs IV.3.4 Subcontractor bid detail and preferred subcontractor list IV.3.5. Allowances (if any) IV.3.6. Inclusions/exclusions/limitations IV.3.7. Proposed schedule including planned activities per building/pod plus site RFP for Burlingame Ranch Phase HAN Vertical Construction Multifamily Buildings 5-7 Page 7 of 10 Tm CITY OF AcrEN IV A. Additional Information Required: IVA.1. Audited Financial Statements IV.4.2. Quality control/assurance procedures &protocols IV.4.3. Experience modification worksheets (insurance claim history) IV.4.4. Subcontractor prequalification& selection process & list of preferred subs IV.4.5. Work completion history IV.4.6. General Liability loss runs for past 5 years IV.4.7. Pending litigation V. Intent to Participate Interested bidders must communicate their intent to participate in this procurement process to Rebecca Hod son kcityofaspen.com. Submitting your intent to participate ensures that you will receive the scope of work documents and all communication and addendums for this project. VI. Proposal Submission City procurement regulations require that at least one paper copy of proposals be submitted, thus the formal submittal is required to consist of one paper copy of the proposal (duplex printing on 8.5x11 is preferred). You must also physically submit one electronic copy of the proposal on a DVD, CD or USB flash drive. The electronic copy must be compiled as a single PDF file of 20MB or less in file size. Proposal must be clearly labeled with your contact information and should also be clearly labeled: "Burlingame Ranch Phase IIAii Vertical Construction Multifamily Buildings 5-7". If using a carrier's envelope or box, it must be marked on the outside of it as well. Proposals must be received by Rebecca Hodgson, Aspen City Hall, 130 S Galena St, Aspen, CO 81611 or before 2.001)m,Friday,October 18,201 The City cannot accept late, faxed, or emailed proposals. Weather conditions often delay carrier package delivery. It is your responsibility to allow sufficient time for package delivery and to verify that your proposal was received. Proposals received after the specified closing date may be returned. VII. Questions Questions regarding this procurement process or this project must be directed to rebecca hod s� on(a cityofaspen.com. All questions and answers will be distributed to all those who have submitted their intent to participate. A standardized RFP question form is located in the public dropbox folder along with the scope of work documents. You will receive a link to the public dropbox folder when you communicate your intent to participate (per Section V). RFP for Burlingame Ranch Phase IIAii Vertical Construction Multifamily Buildings 5-7 Page 8 of 10 Tm CITY of AsrFN VIII. Evaluation Criteria All areas of proposal content will be evaluated with intended weighting as follows: 20% IV.1 Experience, References&Financial Standing 15% IV.2 Proposed Services 50% IV.3 Guaranteed Maximum Price (GMP) Proposal 15% IVA Additional Information Required The City of Aspen reserves the right to modify these 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. IX. Procurement Timeline The City estimates the following procurement timeline and reserves the right to modify it at any time. RFP Issued September 20, 2013 Pre-Bid Conference October 09, 2013 RFP Questions Close October 11, 2013 Proposals Due October 18, 2013 Finalist interviews TBD Requests for additional information TBD City Council approval TBD X. Contract/Leial A modified AIA A102 GMP contract will be issued on or about October 4, 2013. Specific modifications to the standard AIA A102 anticipated are: • Change order approval protocols for authorization by the City of Aspen • Liquidated damages of$2,000 per day per building • OCIP deductible is $10,000. Contractor shall pay deductible for claims under$10,000 • Performance and Payment Bond for the project sum will be required • Any "savings" under the GMP shall be shared 50°/x50% Proposers must be willing to accept all terms, conditions and language contained with the modified AIA A102 GMP contract which will be issued on or about October 4, 2013. Proposers may be asked to sign the contract document prior to final selection/award. Objection to any contract terms, conditions, language is, in the sole judgment of the City of Aspen, grounds for disqualification from this RFP process. RFP for Burlingame Ranch Phase IIAii Vertical Construction Multifamily Buildings 5-7 Page 9 of 10 T1I CITY OF AsPFN XI. Confidentiality of Records Offerors must identify each portion of their proposals which they deem 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. XII. List of Attachments You will receive a link to the public dropbox web folder containing the list of attachments when you communicate your intent to participate per Section V. Intent to Participate. • Project master drawing package (Conformance set files#1 through#10) • Volume 2 drawing list relating to 2014 • Volume 3 drawing list relating to 2014 • Project Manual (specification) 5/7/2013 • Exponential engineering medium voltage electrical drawings • RFIs and ASIs required for inclusion • REG Solar Thermal Project Narrative • GMP bid summary form • RFP question worksheet • AIA A102 Contract will be issued on or about October 4,2013 RFP for Burlingame Ranch Phase IIAii Vertical Construction Multifamily Buildings 5-7 Page 10 of 10 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM to the AIA A102-2007 Standard Form of Agreement between Owner and Contractor based on the Cost of the Work plus a Fee with a Guaranteed Maximum Price,dated January 27,2014 INSURANCE REQUIREMENTS AL, Document A201— 2007, Sections 11.1 and 11.3 - General Conditions of the Contract for Construction, shall be supplemented by this Exhibit and the insurance provided herein. To the extent that there is conflict between these documents the stricter document will apply. INTRODUCTIONS/DEFINITIONS Capitalized terms not otherwise defined in this Exhibit shall have the meanings assigned to them in the Agreement. Contract: means (i)a written agreement between Owner and Contractor for performing Work on the Project, and/or (ii)with respect to any Subcontractor, any written agreement between a Contractor and such Subcontractor for performing Work on the Project. Contractor:means the person or entity awarded the Contract to provide construction services for the Project,including General Contractor and Subcontractors of every tier. General Contractor:means R.A.Nelson,LLC. Insurance Representative and Project OCIP Administrator: means the entity or individual designated by Owner to represent its interest in the OCIP through the coordination of enrollment, claims and other OCIP activities, as well as monitoring for compliance to OCIP policies,procedures and guidelines. Owner: means the City of Aspen, their agents, employees, representatives, officers, directors, principals, members, managers, shareholders, joint ventures, partnerships and/or related or affiliated persons and entities of every tier, successors and assigns. Owner further means the Owner of the Property regardless of the entity name as set forth in the Contract. Owner-Controlled Insurance Program (OCIP): means an insurance delivery method that assures Contractors on the Project are insured for Commercial General Liability and such other coverage as the Owner may in writing specifically add or delete for the Project. Project: means the construction of the Burlingame Ranch Phase 2 Project and adjacent areas where incidental Work is being performed,excluding permanent locations of the Insured other than the Owner(s). Project Site: means the physical location of Work to be performed on the Project as described in the Contract. Subcontractor:means an eligible individual or entity having a direct contract with General Contractor or with any other Subcontractor for performing any part of the Work at the Site. Work:means all activities required to be conducted by Contractor to fulfill its obligations under the Contract. This Exhibit outlines the Insurance applicable for: 1. Owner Controlled Insurance Program(OCIP) 2. Contractor Obligations-OCIP 3. Contractor Provided Insurance—Required 4. Contractor Obligations 5. Insurance Requirement for Other Work Related Parties G. Alternate Insurance 7. Subrogation and Waivers 8. Evidence of Insurance 9. Miscellaneous Page 1 of 13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM 1. OWNER CONTROLLED INSURANCE PROGRAM(OCIP) The Project shall be subject to an Owner Controlled Insurance Program C"OCIP"). Owner,acting directly or through its authorized designee shall administer the OCIP. Prior to commencement of the Work,Owner,at its sole option and cost,shall secure and thereafter,except as otherwise provided herein, maintain at all times during the performance of this Contract, the insurance specified herein, with Owner, General Contractor, Subcontractors, and such other persons or interests as Owner may designate as eligible insured parties with limits not less than those specified below for each coverage. Owner provided Insurance to the Contractor shall apply only to Contractors who are eligible and have completed the enrollment process,complied with the insurance requirements herein,and received notification of enrollment from the Project OCIP Administrator. Owner reserves the right to exclude any Subcontractor from the OCIP. Except as specifically provided herein, Contractor shall be responsible for ensuring compliance with all OCIP requirements described herein for Contractor and its Subcontractors at any tier. Contractor shall provide its eligible Subcontractors with all documentation related to the OCIP. Contractor will receive a Project Insurance Manual as a part of this Exhibit as developed and published by Owner's Insurance Representative,which will include a summary of the insurance coverage and the programs loss control, administrative and claim procedures and requirements. The Project Insurance Manual will also include enrollment forms and reporting requirements for the OCIP. Contractor shall use and comply with the Program Insurance Manual which shall be incorporated by attachment to this Contract, and as may be amended. Owner provided Insurance shall not apply to vendors, suppliers,material dealers, haulers and/or independent haulers,and others who merely transport,pick up,deliver or carry materials,personnel,parts or equipment,or any other items or persons to or from the Project Site. Subcontractors providing on site hauling services with dedicated payroll will be considered eligible for enrollment at Owner's discretion. The Project Site will include adjacent areas or nearby described tracts of land where incidental operations, related to the Work, are performed, excluding permanent locations of any insured party other than Owner. The OCIP shall not apply to the operations of Contractor or any Subcontractor at their offices, factories or warehouses. The cost of the OCIP Insurance specified above to be obtained by Owner will be paid for by Owner, and Owner shall receive and pay,as the case may be,all adjustments in such costs,whether by way of dividends or otherwise. Owner shall execute such instruments of assignment as may be necessary to permit Owner to receiver such adjustments and shall cause Contractor and all Subcontractors covered by such insurance to do the same. The furnishing of insurance by Owner shall in no way relieve, limit, or be construed to relieve Contractor of any responsibility or obligation whatsoever otherwise imposed by the Contract. Owner assumes no obligation to provide insurance other than that specified herein. However,Owner reserves the right to furnish additional insurance coverage of various types and limits. 1.1 Commercial General Liability(Carrier) $1,000,000 Bodily Injury and Property Damage—Combined Single Limit Per Occurrence $2,000,000 General Aggregate $2,000,000 Completed Operations Aggregate Page 2 of 13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM The Policy limits are shared by all Contractors/Subcontractors enrolled in the OCIP and are exclusive to this Project. Policy Exclusions—(Example Policy Forms—policy provided upon written request) COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Exclusions: ❖ Expected or Intended Injury ❖ Contractual Liability ❖ Liquor Liability ❖ Workers'Compensation And Similar Laws ❖ Employer's Liability ❖ Pollution ❖ Aircraft,Auto Or Watercraft ❖ Mobile Equipment ❖ War ❖ Damage To Property—modified or deleted by endorsement ❖ Damage To Your Product-modified or deleted by endorsement ❖ Damage To Your Work-modified or deleted by endorsement ❖ Damage To Impaired Property Or Property Not Physically Injured ❖ Recall Of Products,Work Or Impaired Property ❖ Personal and Advertising Injury ❖ Electronic Data COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Exclusions: ❖ Knowing Violation Of Rights Of Another ❖ Material Published With Knowledge Of Falsity ❖ Material Published Prior To Policy Period ❖ Criminal Acts ❖ Contractual Liability ❖ Breach Of Contract ❖ Quality Or Performance Of Goods—Failure to Conform to Statements ❖ Wrong Description Of Prices ❖ Infringement Of Copyright,Patent,Trademark Or Trade Secret ❖ Insureds In Media And Internet Type Businesses ❖ Electronic Chatrooms Or Bulletin Boards ❖ Distribution of Material in Violation of Statues ❖ Unauthorized Use Of Another's Name Or Product ❖ Pollution ❖ Pollution-Related ❖ War COVERAGE C MEDICAL Pr1YM_ EN_ TS_ Exclusions: ❖ Any Insured ❖ Hired Person ❖ Injury On Normally Occupied Premises ❖ Workers Compensation And Similar Laws ❖ Athletics Activities ❖ Products-Completed Operations Hazard ❖ Coverage A Exclusions Additional Policy Endorsements Endorsements: Page 3of13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM ❖ Limits of Insurance •S Named Insured Amended ❖ Limitation of Coverage to Designated Project ❖ Amendment Property Damage ❖ Extended Completed Operations ❖ Service of Suit ❖ Signature Endorsement ❖ Nlinimum Earned Premium and Premium Audit Premium Endorsement ❖ Additional Insured—State or Political Subdivision Permits-Blanket ❖ Additional Insured—Mortgagee,Assignee,or Receiver-Blanket ❖ Additional Insured—Lessor of Leased Equipment—Automatic Status When Required ❖ Deductible Liability/SIR Endorsement ❖ Limited Coverage Repair Work ❖ Trade or Economic Sanctions Endorsement ❖ Disclosure Pursuant to Terrorism Risk Insurance Act ❖ Cancellation Provision Endorsement—Manuscript ❖ Claims Directory—Duties in Event of an Occurrence,Offense,Claim or Suit Additional Policy Exclusions Exclusions: ❖ Nuclear Energy Liability Exclusion ❖ Asbestos Exclusion ❖ War ❖ Wrap-Up Cross Suits Excl.—Amendment-exception First Named Insured ❖ Designated Work—Condo Conversion ❖ Designated Ongoing Operations(Scheduled Location excluded) ❖ Damage to Premises Rented to You ❖ Lead Exclusion •3 Discrimination ❖ Exclusion—Coverage C—Medical Payments: Any Location or Job Site ❖ Employment-Related Practices Exclusion ❖ Fungi or Bacteria Exclusion ❖ Exclusion—Exterior Insulation and Finish Systems ❖ Property Damage to Designated Project During the Course of Construction ❖ Waiver of Transfer of Rights of Recovery Against Others to Us ❖ Silica or Silica-Related Dust Exclusion ❖ Total Pollution Exclusion with Hostile Fire Exception ❖ Exclusion—Contractors Professional Liability(CG 2279) ❖ Violation of Statues that Govern Emails,Faxes,Phone Calls or Other Methods of ❖ Sending Material Information The Commercial General Liability policy shall be part of the OCIP,and shall include,but shall not be limited to a standard Commercial General Liability Insurance policy or equivalent, including Bodily Injury, Property Damage,Personal Injury and Completed Operations covering operations at the Project Site for Contractor and enrolled Subcontractors shall be provided. An eight (8) year extension (the earlier of 8 years or the Statute of Repose and Limitations) of the Completed Operations Liability coverage will begin upon the earlier of expiration of the Commercial General Liability policy or Substantial Completion. This insurance will not extend products liability coverage for any product manufactured away from the Project Site. General Contractor will be responsible for repayment of any deductible for Bodily Injury or Property Damage up to $10,000 per occurrence (the Policy deductible amount) to the extent loss costs (including allocated loss adjustment expense) payable are attributable to its acts or the acts of its Subcontractors, or any other entity or person for whom it may be responsible,with no increase in the Contract amount. Page 4 of 13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM To the extent losses covered and payable under the OCIP arise out of,or are the responsibility of the General Contractor's Subcontractor(s) of any tier, General Contractor may seek contribution from those Subcontractor(s) in an amount equal to the self-insured retention or deductible amount under the Subcontractor's own conventional General Liability Insurance Policy in effect at the time of enrollment into the OCIP, but in no case may the General Contractor collectively collect more than the per occurrence deductible of$10,000 for the occurrence which is the contractual responsibility of the General Contractor. 1.2 Excess Liability(Carrier) $10,000,000 Each Occurrence $10,000,000 Policy Aggregate Coverage is in excess of the primary Commercial General Liability and Employer's Liability. Such Excess Liability Insurance will be primary and non-contributory as to any other excess insurance the parties hereto may have in force. An eight(8)year-extension (the earlier of 8 years or the Statute of Repose and Limitations) of the Completed Operations Liability coverage will begin upon the earlier of expiration of the Commercial General Liability policy or Substantial Completion. This insurance will not extend products liability coverage for any product manufactured away from the Project Site. The Excess Liability policy(s) include exclusions applicable to the primary CGL policy,and further may carry exclusions for uninsured motorist,first party auto,punitive damages,ERISA,fellow employee claims and suits, foreign claims and suits,discrimination,violation of economic and trade sanctions,and organic pathogen,mold and fungus.The actual exclusions are set forth in the excess OCIP policies of the carrier(s). Limits outlined above may be satisfied in various combinations with an Umbrella Excess polic . 1.3 Contractor's Pollution Liability—(General Contractor required should Owner not purchase) $3,000,000 Per Claim/Per Project Claims Expenses (including Defense Costs)within limits. Coverage will include Bodily Injury or Property Damage from a pollution event as defined within the policy form resulting from covered operations or completed operations of the covered operations. Owner will be responsible for payment of any premium associated with this coverage as well as any deductible, and assumes responsibility for any loss associated with the activities of any Contractor performing Work at the Project. This coverage requirement does not limit the responsibility of the Contractor or limit the liability associated with a claim as a result of the activities of the Contractor. 1.4 Builder's Risk(Carrier)—(General Contractor required should Owner not purchase) A Completed Value Special Perils ("All Risk")policy form on behalf of the Owner and the Contractor(s). Such policy shall include sublinuts for transit and off-site storage to protect the interests of the Owner, General Contractor and Subcontractors, against the risk of loss or damage to the Work during construction at the Project Site. Such policy will include a waiver of subrogation in favor of Owner, General Contractor and Subcontractors. Coverage will include all materials, supplies, and equipment that are intended for specific installation in the Project while such materials, supplies, and equipment are located at the Project Site, in transit, or while temporarily located away from the Project Site for the purpose of repair, adjustment, or storage at the risk of one of the insured parties, however the Subcontractor shall be responsible to carry adequate insurance for materials stored at their owned premises and non-project dedicated locations. POLICY COVERAGE FORM AND EXCLUSIONS: Page 5 of 13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM Commercial Inland Marine—Builders Risk Coverage Form Endorsements: ❖ Extra Expense and Rental Income Endorsement ❖ Elite Property Enhancement:Builders Risk—sub limits apply ❖ Builders Risk Warranties Exclusions: ❖ Government Action ❖ Nuclear Hazard ❖ War and Military Action ❖ Ordinance or Law ❖ Water—modified or deleted by endorsement ❖ Mold Exclusion Policy Coverage Extensions (sub limits may apply): ❖ Fire Department Service Charges ❖ Valuable Papers and Records ❖ Trees,Shrubs and Plants ❖ Scaffolding and Construction Forms ❖ Debris Removal ❖ Pollutant Clean Up and Removal ❖ Flood and Earthquake(limits to be determined) This insurance will not include any other personal property, tools or clothing of workers or any tools, equipment,protective fencing, scaffolding,and equipment owned, rented, or used by Subcontractor and used in the performance of the Work.Subcontractor waives any rights of recovery from Owner,Contractor,and/or the OCIP policies insurers. This exclusion shall not apply to formwork, shoring, false work, and temporary buildings, as long as the same are not owned and insured outside the OCIP by the Subcontractor or are damaged due to a covered peril. General Contractor will be responsible for repayment of any deductible up to $10,000 per occurrence for loss or damage incurred to the Work provided the loss or damage is covered by this insurance to the extent the loss or damage is caused by the Work.To the extent losses covered and payable under the OCIP arise out of,or are the responsibility of the General Contractor's Subcontractor(s) of any tier, General Contractor may seek contribution from those Subcontractor(s). NOTE:The builders risk policy terms vary from policy to policy,and such insurance provided by Owner will be subject to such limits of liability, exclusions and deductibles as Owner may negotiate in its discretion. Contractor is advised to consult the terms of the policy to ascertain its terms. 1.5 Coverage Unless herein otherwise specifically indicated, the policies set forth in Sections 1.1 through 1.3 above will cover, only at the Project Site, those operations or employees of the insured parties performed in connection with the Work. The coverage referred to in Sections 1.1 through 1.3 will be set forth in full in the respective Policy forms. The foregoing descriptions of such policies are not intended to be complete,or to alter or amend any provision of the actual policies. In matters, if any, in which the said description may conflict with the Policy, and to the extent there are conflicts or inconsistencies,the provisions of the insurance Policy shall govern. Except for completed operations coverage, the OCIP insurance shall discontinue upon the final date a Contractor is on the Project. Coverage may also be discontinued if the Project is substantially delayed for an extended period of time, or if the Project,or the OCIP is permanently terminated. Page 6 of 13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM 1.6 Excluded Property Contractor, and its Subcontractors at any tier, shall retain the risk of loss for any damage whatsoever to their equipment, stationary or mobile, tools, supplies, materials, automobiles and vehicles, highway or otherwise, cranes, and hoists or any other property owned or leased which will not be incorporated into the physical construction. If separate insurance is maintained for any property described in this Section 1.5, it shall contain a Waiver of Subrogation on the part of the insurance company in favor of Owner and all other Contractors, and Subcontractors at any tier,with respect to on Site activities. If Contractor of any tier chooses to self-insure any of the property described under this Section 1.5, it is agreed that Owner and all other suppliers and subcontractors of any tier shall be held harmless for any loss or damage to the property while on Project Site. 2. CONTRACTOR OBLIGATIONS-OCIP Contractor shall furnish each Subcontractor a copy of this Exhibit,and shall make the same requirement of all Subcontractors with respect to their subcontract or procurement procedures. The duties, obligations, and requirements of these insurance provisions shall apply to all Subcontractors with whom Contractor may contract. 2.1 Contractor Insurance Calculations Base Bid The Contractor shall submit two Bid amounts to the General Contractor for the Owner.The Base Bid amount (Base Bid) shall include your Cost of the Work plus your insurance costs for the insurance identified in Section 3, Contractor Provided Insurance — Required,with limits not less than those outlined in Section 3 of this Exhibit for all Contractors. The Contractor shall submit a second Alternate Add Bid amount, separate from the Base Bid amount (Add Alternate Bid). This amount should be the amount which the Contractor would require to be included in a Change Order to add the insurance costs which the Contractor would be required to purchase should the Owner elect, or the Contractor not be eligible, to be enrolled in the OCIP. The Owner may elect at its sole discretion to enroll the Contractor into the OCIP. Such coverage shall be equal,or equivalent to the terms and conditions of coverage in the OCIP for General Liability as outlined in Section 1.1 of this Exhibit(inclusive of coverage for Work performed at the Project Site). An Insurance Calculation Worksheet has been provided for the Contractor which will be used for verification of the accuracy of this estimate. The General Contractor shall provide additional coverage equal, or equivalent to the terms, conditions and limits as outlined in Section 1.2,1.3 and 1.4 of this Exhibit. If the Owner elects to not enroll the Contractor, or if the Contractor is deemed ineligible for enrollment, the General Contractor will be issued a Change Order to add to the Contract the cost of insurance included in the Alternate Add Bid amount so that the Contract represents the full cost of insurance without an OCIP. The Contractor may be asked to verify their total cost of insurance in their Add Alternate Bid as evidenced on their Insurance Calculation Worksheet, as provided to the General Contractor or the OCIP Insurance Administrator upon enrollment where the Add Alternate Bid amount does not appear to comply with insurance industry measurements for the cost of insurance and the type of Work to be performed. The Contractor shall be obligated to comply with any reasonable request for verification of insurance carrier or policy information,including copies thereof. Further, the Insurance Calculation Worksheet shall become the basis for adding to the Contract the cost of insurance should Owner not elect, or the Contractor not be eligible, to enroll in the OCIP or the OCIP coverage is cancelled for any reason. Page 7 of 13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM Any and all change orders will be presented exclusive of OCIP related insurance as described above. If requested,an Officer of the Contractor will sign and deliver to Owner, the General Contractor and/or the OCIP Insurance Representative an affidavit attesting to the fact that all insurance as provided by the OCIP has been removed from their Base Bid amount. 2.2 Contractor Enrollment Prior to commencement of operations at the Project Site, eligible Contractor(s) shall complete a Contractor / Subcontractor Application for enrollment into the OCIP and shall furnish and cause each Subcontractor to furnish to Owner or its Insurance Representative estimates of total construction values in connection with the Work, copies of rate pages from General Liability policies, other insurance related information deemed necessary to effect and maintain coverage and to assure that Owner has received an appropriate reduction of the total insurance cost excluded from their Contract,including any markup thereon. For insurance purposes, each Contractor agrees that both it and its Subcontractors shall keep and maintain current,accurate and complete records of their work and shall furnish same to Owner,in accordance with the requirements of the insurance company or companies, permit inspection of its relevant books and records periodically by the insurance company, or Owner and their Insurance Representatives for the limited purpose of determining the value of their construction work on the Project. Contractor shall not violate or knowingly permit to be violated any condition of the policies of insurance provided by Owner under the terms of this Contract and shall at all times satisfy the requirements of the insurance companies issuing them. 2.3 Duties and Obligations of Contractor Duties and Obligations of Contractor associated with its participation in the OCIP as related to the OCIP administration and claim handling are set forth below: .1 Accept the insurance described above and promptly furnish any information required by Owner and its Insurance Representative for enrollment. .2 Comply with the OCIP requirements which are set forth in the Project Insurance Manual. .3 Sign a dividend release form authorizing the insurance companies providing the OCIP to pay any dividends, refunds, or returns directly to Owner. Owner shall be entitled to retain all dividends, refunds or returns. .4 Immediately report and assist in the investigation of any accident or occurrence involving injury to any person or loss or damage to property,and cooperate with the companies involved in adjusting any claim by securing and giving evidence, and obtaining the participation and attendance of witnesses required for the investigation or defense of any claim or lawsuit. Failure to comply will result in Contractor being responsible for payment of.any medical or indemnity benefits, or claim costs accrued as a result late reporting,or failure to report the claim. Failure to comply with any of the above items will be considered noncompliance with the Contract and may result in remedial action, including withholding of payment, and/or removal of Contractor and/or Subcontractor from the Project Site. 3. CONTRACTOR PROVIDED INSURANCE-REQUIRED Contractor shall at all times during the period in which this Contract is in force and effect provide and maintain insurance and shall require all its Subcontractors to provide and maintain insurance of the type and in limits as set forth below. Such insurance shall be in a form and from issuing companies acceptable to Owner. The Page 8 of 13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM issuing companies must have a Best's rating of A-, VIII or better. The insurance may be provided in a policy or policies, primary and excess,including the so-called umbrella or excess form. The limits of liability shall be as stated below, unless, prior to commencement of any Work, written approval is granted by Owner for variance from those limits. 3.1 Automobile Liability Insurance covering"any auto" or all owned,non-owned and hired automobiles. Such insurance shall provide coverage not less than that of a standard Insurance Services Office (ISO) Business auto Coverage policy with limits not less than listed below. Contractual Liability,if not provided in the policy form,is to be provided by endorsement. General Contractor limit $1,000,000 Combined Single Limit each occurrence for Bodily Injury and Property Damage Subcontractor minimum limit $1,000,000 Combine Single Limit each occurrence for Bodily Injury and Property Damage. 3.2 Workers'Compensation For all operations Contractor and Subcontractors shall carry Workers Compensation insurance in compliance with statutory limits for the Workers' Compensation Laws of the State of Colorado and Employer's Liability limits of not less than: $1,000,000—Each Accident for Bodily Injury $1,000,000—Policy limit for Bodily Injury by disease $1,000,000—Each Employee for Bodily Injury by disease. 3.3 Commercial General Liability Evidence of liability insurance for premises and operations exposures of Contractor and Subcontractors away from the Project Site (off-site) shall be provided by Contractor, and by Subcontractors through Contractor. Coverage to be provided in a form equivalent to the Standard Insurance Service Office Commercial General Liability Insurance policy (occurrence form) including products liability for any product manufactured, assembled or otherwise worked upon away from the Project Site. The required insurance limits may be provided through a combination of primary and excess policies,including the umbrella form of policy. General Contractor limit $1,000,000 Each Occurrence $2,000,000 General Aggregate $2,000,000 Products and Completed Operations Aggregate Subcontractor minimum limit $1,000,000 Each Occurrence $2,000,000 General:-Aggregate $2,000,000 Products and Completed Operations Aggregate 3.4 Excess Liability requirement Page 9 of 13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM General Contractor Emit $1,000,000 Each Occurrence $1,000,000 General Aggregate Subcontractor minimum limit $1,000,000 Each Occurrence $1,000,000 General Aggregate Evidence of Excess Liability insurance excess of the primary Commercial General Liability, Employer's Liability, and Auto Liability exposures of General Contractor and Subcontractors away from the Project Site (off-site) shall be provided by the General Contractor. Such Excess shall be primary and non-contributory to any other excess insurance the parties hereto may have in force. Limits outlined above may be satisfied in various combinations with an Umbrella/Excess policy. 3.5 Environmental and Asbestos Abatement Coverage Should the Contractor's work involve the removal of asbestos,the removal/replacement of underground tanks or the removal of toxic chemicals and substances, Contractor shall be required to provide adequate coverage, with limits not less than$2,000,000 per claim basis,for such exposures subject to requirements and approval of Owner and/or the General Contractor. 3.6 Professional Liability(Errors&Omissions where required) Should the Contractor's work involve a design or design build component where professional services are provided or contracted for by the Contractor, Professional Liability insurance as described below in this paragraph shall be required and will be maintained by their architect,engineers and all sub-consultants for the duration of the applicable Statute of Repose.There should be no exclusion on the policy for the type or scope of work associated with the project. Such insurance shall be approved by the Owner and/or the General Contractor. $1,000,000 each occurrence $1,000,000 general aggregate 3.7 Watercraft or Aviation Should watercraft or aircraft of any kind be used by Contractor or by any person on its behalf, Contractor or such other party will maintain or cause the operator of the watercraft or aircraft to maintain watercraft or aircraft liability insurance, including bodily injury, property damage and passenger liability, as respects any watercraft or aircraft owned,used,operated or hired in connection with the Work by Contractor or anyone else with limits of$10,000,000 combined single limit for bodily injury and property damage any one occurrence, each watercraft or aircraft. The Owner will not reimburse the cost of the premium or the deductible for such insurance as a Cost of the Work. 4. CONTRACTOR OBLIGATIONS All requirements imposed in Section 3 and required of General Contractor, shall likewise be imposed upon, assumed and performed by each Subcontractor. Each party hereto shall require that all policies of insurance,as allowed by statute,that are in any way related to the Work,including those that are secured and maintained by consultants and Subcontractors,include clauses providing that each underwriter shall waive all of its rights of recovery under subrogation or otherwise,against Page 10 of 13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM Owner,its officials, directors, officers, and employees and all other interests as may be reasonable required by Owner. Each insurance policy required of Contractor and Subcontractors in Sections 3.1 through 3.7 shall be endorsed,or shall recognize: 4.1 With respect to all liability policies required (with the exception of Professional Liability), Owner(s), their respective officials, officers, directors, shareholders, employees, members, managers, agents, representatives, the Contract and all other interests as may be reasonably required by Owner for the Project shall be named as Additional Insured. The coverage afforded the Additional Insured under these policies shall be primary insurance to the extent the claim arises, in whole or in part, from the negligence of Contractor or its Subcontractors. In such cases, if the Additional Insured has other insurance,which is applicable to the loss, such other insurance shall be on an excess and non-contributory basis. The Additional Insured Endorsement, shall be equivalent to ISO form CG2010 (07/04) and ISO form CG2037 (07/04) for completed operations editions. It shall state that the coverage provided to the Additional Insured is primary and non-contributory with respect to any other insurance available to the Additional Insured. 4.2 In the event of any claims being made by reasons of bodily injury, personal injury, or property damage sustained by agent,servant or employee of one insured for which another insured is or may be liable,the policy shall cover such insured against whom a claim is made in the same manner as if a separate policy had been issued to each insured(Severability of Interest). Contractor shall furnish each of its Subcontractors a copy of this Exhibit. Contractor shall ensure that the duties,obligations,and requirements of these insurance provisions shall apply to all Subcontractors with whom Contractor may contract. 5. INSURANCE REQUIREMENTS FOR OTHER WORK RELATED PARTIES 5.1 Vendors,suppliers,material men,owner/operator truckers, firms whose sole function is to transport materials, supplies, tools, equipment,parts or items to or from the project site and Subcontractors who will perform no actual labor at the site shall not be covered by insurance purchased by Owner through the OCIP. However, these excluded parties shall obtain and maintain until all of their obligations have been discharged, including any warranty periods under this contract are satisfied, the insurance coverage specified in subsections listed below. Such insurance shall be in a form and from issuing companies acceptable to Owner. The issuing companies must have a Best's rating of A-,VIII or better. Automobile Liability: $1,000,000 Combine single Limit each occurrence for Bodily Injury and Property Damage. Workers'Compensation: Statutory WC limit applicable to State of Colorado Employers Liability—limits not less than: $1,000,000 each accident for Bodily Injury $1,000,000 Policy limit for Bodily Injury by disease $1,000,000 each employee for Bodily Injury by disease Commercial General Liability: Page 11 of 13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM $1,000,000 annual occurrence $2,000,000 general aggregate $2,000,000 products and completed operations aggregate Such insurance shall be primary and non-contributing with any other insurance and be in a form and from insurance companies reasonable acceptable to Owner. 5.2 The required insurance limits may be provided through a combination of primary and excess policies,including the umbrella form of policy. 5.3 Liability policies required under Section 5.1 shall, where prudently feasible, name Owner(s), their respective officials,officers,directors,shareholders,members,managers,employees,agents,representatives,the Contract, and any additional entities as Owner may request, as Additional Insured. The Additional Insured Endorsement, equivalent to ISO form CG2010 (07/04) and ISO form CG2037 (07/04) for completed operations editions, shall state that the coverage provided to the Additional Insured is primary and non- contributory with respect to any other insurance available to the Additional Insured. Contractor is responsible to ensure to the best of its' ability that those entering the Project Site location have evidence of or hold the appropriate insurance or that those visitor are escorted while at the Project. Exceptions may be granted where mutually agreed to in advance between the Owner and the Contractor. 5.4 All policies of insurance required in this Section 5 shall be endorsed to provide that the insurance company shall provide written notice to Owner at least 30 days prior to the effective date of any cancellation of such policies,10 days in the event of cancellation for non-payment. 5.5 All policies of insurance,as allowed by statute,that are in any way related to the Work,including those that are secured and maintained by consultants and subcontractors, include clauses providing that each underwriter shall waive all its rights of recovery under subrogation or otherwise, against Owner, Owner's authorized representative(s),Project Manager,Contractor and its Subcontractors. 5.6 Parties covered in this Section 5 shall cause to be furnished to Owner, or its Insurance Representative certificates of insurance evidencing all insurance as required by this Contract. As and when Owner may direct, copies of the actual insurance policies or renewals or replacements thereof shall be submitted to Owner. All copies of policies, if any, and certificates of insurance submitted to Owner shall be in form and content acceptable to Owner. 6. ALTERNATE INSURANCE Owner makes no guarantees or warranties, and disclaim any responsibility whatsoever, that the OCIP policies will remain in effect and in no way assume responsibility for the solvency of the insurers,or any of their parent, subsidiary,excess,re-insurers or other companies or group members. If Owner, for any reason, is unable to furnish, or after commencement of Work elects not to furnish, or to continue to furnish the insurance as specified in Section 1.1 through 1.4 and upon 30 days'written notice from Owner the following shall be required: Contractor shall obtain replacement insurance with the minimum coverage and limits set forth in Section 3 above (inclusive of Work at the Project Site location),and for the General Contractor with coverage and limits as set forth in Section 1.1 through 1.4,or as otherwise required by Owner,with insurers acceptable to Owner. Such insurance shall be obtained before the OCIP coverage terminates and Contractor shall provide Owner with certificates of insurance or,at Owner's option, certified copies of policies prior to that date. Contractor shall require its Subcontractors of every tier to obtain such replacement insurance. Owner shall issue an appropriate change order based upon the insurance rates and calculation provided at Bid in their Add Alternate Bid amount to Contractor to reimburse the actual cost of the additional premiums and its Subcontractors for such replacement insurance. Page 12 of 13 The City of Aspen Owner Controlled Insurance Program EXHIBIT B—OCIP ADDENDUM 7. SUBROGATION AND WAIVERS 7.1 Contractor shall require all policies of insurance that are related to the Project and that are secured and maintained by each Contractor to include clauses providing that each underwriter and carrier shall waive all their respective rights of recovery, under subrogation or otherwise, against Owner and Contractors rendering services at the Project, General Contractor, its Subcontractors, other Project Contractors, and their Subcontractors,regardless of tier. 7.2 Contractor waives rights of recovery against its Subcontractors, Owner and other Contractors rendering services at the Project, regardless of tier that Contractor may have or acquire because of deductible clauses in or inadequacy of limits of policies of insurance that are in any way related to the Project and that are secured and maintained by Contractor. 7.3 Contractor shall require its Subcontractors to waive the rights of recovery in the same manner(as waived in the preceding paragraph by Contractor) against Owner and General Contractor, other Subcontractors, other Project Contractors,and their Subcontractors,regardless of the tier. 8. EVIDENCE OF INSURANCE All insurance policies Contractor is required to obtain under the terms of this Contract shall be endorsed to provide that the insurance company shall provide written notice to Owner at least 30 days prior to the effective date of any cancellation of such policies. Prior to the date on which Contractor commences any Work at the Project site, Contractor shall furnish to Owner certificates of insurance evidencing all insurance required by this Contract. If Owner directs,copies of the actual insurance policies or renewals or replacements thereof shall be submitted to Owner. All copies of policies, if any, and certificates of insurance submitted to Owner shall be in form and content acceptable to Owner. 9. MISCELLANEOUS 9.1 Nothing contained herein shall relieve Contractor or its Subcontractors of their obligations to exercise due care when performing any Work on the Project or to complete such Work in strict compliance with the Contract. 9.2 By enrolling in the OCIP, the Contractor acknowledges that (A) the limits of OCIP provided insurance are shared by all insured parties under the OCIP for the Project, (B) Owner(s) and their affiliates of every tier disclaim any responsibility whatsoever for the availability, adequacy or exhaustion of the limits of the OCIP, the present or future solvency of any OCIP insurers,or any claims or disputes by,between,or among Owner(s) and Contractor and any Subcontractor,or any tier,and any of the OCIP insurance carriers. 9.3 Any type of insurance or increase in limits not described herein which Contractor requires for its own protection or as a result of any applicable law shall be its own responsibility and expense. 9.4 Further Information. Should Contractor require further specific information or explanation of the OCIP policies, Contractor should contract the Owner's Insurance Representative or OCIP Administrator, Lockton Companies—Construction Wrap-up Business Unit,at 303-414-6000. Identify the Owner and the Project. i F ASE R.A.NELSON,LLC OWNER(Si afore CONTRAC R Signatu Steven Skadro Mayor Bruce Gentry,Vice President Page 13of13 r, RAN E L SO N Burlingame Ranch Ph II Bld s 5-7 I\ BUILDING MOUNTAIN RESORT COMMUNITIES g Exhibit C City of Aspen, Colorado 1/15/14 LABOR RATES .A-; V • i - . Prged Executive 115.00 Diredor of PrecorsbWion 100.00 Preoonstrudion Mbnager 80.00 Prqed Nxager 80.00 Prged Engineer 55.00 Prged Superintendent 105.00 Asst. Superintendent 65.00 Foreman 55.00 Carpe7ter 50.00 Laborer 40.00 Acocuntant 50.00 The cost of the labor includes:1)wages of construction v<aikers employed by the Contractor to perform the Wok;2)wages or salaries of the Cionhactoi's supervisory and administrative personnel,but only for that portion of their time attributable to the Wak-and 3)the labor burden and benefits associated with such wages and salaries including but not limited to taxes, insurance,contributions,assessrri nts,benefits such as sick leave,medical and health benefits,holidays,vacations,pensions, bonuses,profits sharing vehicles and incentive compensation Cartiactor and Owner agree that it is difficult and expensive to calculate the Pwise arTroinTt of such labor costs,but desire to establish such labor cost rates with ce tairity in advance of mining such labor costs.Thus,Owner and Contractor ague that labor costs will be wed on the basis of rates set fath on Exhibit D Such rates are guaranteed for one year from the date of this Agrearent,and subject to escalation not to exceed 5%per year.Bemuse these rates ace nuually agreed to and established in advance of the Wait,the rates shall not be subject to audit. „ N E L �R. C1 EXHIBIT - D - GMP summary ,�.II 1 BUILDING MOUNTAIN RESORT COMMUNITIES 1/14/2014 GUARANTEED MAXIUMUM PRICE PROPOSAL FOR BUILDING 5,6 AND 7 Exhibit to Contract DIRECT COSTS Building 5-Pod F-4 units $ 1,116,652 Building 6-Pods C/D—15 units $ 3,195,790 Building 7-Pods C/D—15 units $ 3,192,888 Carport structures 5,6 and 7.30 spaces,plus trash and transit-mail. $ 471,307 Site work,ind landscaping,utilities $ 1,497,983 Off Site General Liability$1.0 Million Umbrella Coverage Allowance $ 94,000 GENERAL CONDITIONS General Conditions/General Requirements $ 900,443 FEES AND MARKUPS Construction Fee(Overhead&Profit) 5.00% $ 523,453 Construction Contingency stipulated 2% 2.000 $ 209,381 General Liability Insurance Excluded-OCIP by Owner Difference in Coverage Insurance(Unclear as to what is desired.) 0.00% No Bid Builders Risk Insurance Excluded-OCIP by Owner Performance and Payment Bond(With 1 Year Maintenance/Warranty Guarantee) 0.85% $ 95,216 Provide 2 year warranty by general contractor(Includes 2 YR Bond Maintenance/Warranty Guarantee) inc , ALTERNATES 's ' 1.Add alternate-Unit Finish/Appliance Upgrade Package Per single unit,includes: Ia.upgrade kitchen countertops to 3cm granite in lieu of PL1(kitchen only) lb.provide S3 under mount sink in lieu of 51 drop-in sink TBD lc.upgrade dining room light fixture,L8 in lieu of L6 ld.replace white appliances with stainless steel equivalent 2.Add alternate-provide 2 year landscape maintenance in lieu of 1 year. $ 12,652 3.Add alternate-provide 2 year landscape warranty in lieu of 1 year. Included 4.Add alternate-provide 2 year warranty by all subcontractors Included 5.Add alternate-provide 2 year warranty by general contractor(Includes 2 YR Bond Maintenance/Warranty Guarantee) Included 6.Add alternate-Unit price to import 1 Cubic Yard of 3”Minus $ 33 6.Add alternate-Unit price to import 1 Cubic Yard of 6"Minus $ 33 7.Off Site General Liability$3.0 Million Umbrella Coverage NC `"Note,only the Construction Contingency is a stipulated fee percentage.Other percentages are placeholders only! R.A. NELSON LLC Burlingame Ranch Phase II JEXHI BIT - E Aspen,Colorado Exhibit to Contract 1/15/2014 SCHEDULE OF VALUES DIVISION 1 GENERAL REQUIREMENTS Subtotals 1-3000 Administrative Requirements $ 638,735 1-5000 Temporary Facilities $ 103,739 1-7000 Execution Requirements $ 114,333 1-7800 2 Year Warranty by GC $ 43,636 SUBTOTAL-DIVISION 1 $ 900,443 DIVISION 2 SITEWORK 2-1300 Radon Mitigation $ 44,150 2-3100 Excavation,backfill,grading $ 746,301 2-2200 Surveying $ 20,000 2-2700 Construction Fencing $ 24,135 2-7100 Asphalt $ 42,093 2-7200 Parking Signs,Striping $ 1,845 2-7210 Site Signage Allowance $ 3,000 2-8010 Existing Infrastructure Repair Allowance $ 10,000 2-8200 Entry Gate Keeper $ 61,920 2-9000 Landscaping $ 238,148 2-9210 1 ft of 3"Irrigation Mailine w/Control Wire/LF Allowance $ 11 SUBTOTAL-DIVISION 2 $ 1,191,603 DIVISION 3 CONCRETE 3-1000 Concrete footings,walls and slabs $ 630,853 3-5100 Gyperete $ 109,635 SUBTOTAL-DIVISION 3 $ 740,488 DIVISION 5 METALS 5-1000 Structural Steel $ 136,842 5-5000 Specialty Fabrications $ 68,779 SUBTOTAL-DIVISION 5 $ 205,621 DIVISION 6 WOODS 6-1000 Framing Materials $ 812,600 6-2000 Framing Labor $ 1,233,420 6-3000 Finish Carpentry Materials $ 42,700 6-4000 Finish Carpentry Labor $ 249,310 6-6000 General Labor $ 138,400 6-6110 Weather Conditions Allowance $ 38,000 SUBTOTAL-DIVISION 6 $ 2,514,430 DIVISION 7 THERMAL&MOISTURE PROTECTION 7-1000 Damp/Waterproofing $ 71,020 7-2000 Thermal Prot/Insulation $ 100,720 7-3000 Roofing/Metal Siding $ 586,754 7-6000 Flashing and Sheetmetal $ 27,871 7-9000 Joint Sealers $ 30,108 SUBTOTAL-DIVISION 7 $ 816,473 DIVISION 8 DOORS&WINDOWS 8-2000 Doors $ 84,625 8-3000 Specialty Doors $ 5,535 8-5000 Windows $ 192,026 8-8000 Glass and Glazing $ 21,043 SUBTOTAL-DIVISION 8 $ 303,229 DIVISION 9 FINISHES 9-2000 Drywall and Gypsum Finishes $ 387,372 9-2010 Drywall Patch/Reconfiguration Allowance $ 10,000 9-4000 Protection of Finishes $ 21,764 9-6000 Flooring/Tile $ 272,204 9-9000 Painting $ 166,614 SUBTOTAL-DIVISION 9 $ 857,954 DIVISION 10 SPECIALTIES 10-1000 Misc Specialties $ 13,514 10-8000 Bath Accessories $ 34,949 SUBTOTAL-DIVISION 10 $ 48,463 DIVISION 11 EQUIPMENT 11-4000 Appliances $ 106,214 11-6000 Tools and Equipment $ 9,450 SUBTOTAL-DIVISION 11 $ 115,664 DIVISION 12 FURNISHINGS 12-3000 Manufactured Casework $ 261,736 SUBTOTAL DIVISION 12 $ 261,736 DIVISION 13 SPECIAL CONSTRUCTION 13-2110 RFI 109-213 Allowance $ 50,000 13-2200 Subcontractor Buyout Allowance $ 100,000 13-2800 Solar Thermal Pre-Heat System $ 210,000 SUBTOTAL DIVISION 13 $ 360,000 DIVISION 14 CONVEYING SYSTEMS DIVISION 15 MECHANICAL 15-3000 Fire Protection $ 134,506 15-4000 Plumbing $ 584,118 15-5000 HVAC $ 525,375 SUBTOTAL-DIVISION 15 $ 1,243,999 DIVISION 16 ELECTRICAL 16-1000 Electrical demo/rough-in $ 722,838 16-1100 Solar Thermal Pre-Heat System Electrical $ 3,795 16-7000 Site Lighting $ 88,325 SUBTOTAL-DIVISION 16 $ 814,958 DIVISION 17 INDIRECT COST 17-1120 Performance and Payment Bond 0.85% $ 95,216 17-1010 Off Site General Liability$1.0 M Umbrella Coverage Allowance $ 94,000 SUBTOTAL-DIVISION 17 $ 189,216 DIVISION S8 PROJECT CONTINGENCY 18-1100 Construction Contingency Stipulated 2% $ 209,381 SUBTOTAL-DIVISION 18 $ 209,381 DIVISION 19 OVERHEAD/FEE 19-2100 Construction Fee 5% $ 523,453 SUBTOTAL-DIVISION 19 $ 523,453 TOTAL-ALL DIVISIONS $ 11,297,114 $ 11,297,114 Pj)RAN E L S O N Exhibit Burlingame Phase 2 Contract 1D T�"'n' « �� F,.h JEXHIBIT F - schedule Tue 1,14/14 2 BfMF�94gaE9M9Cp.N a' !Deer. 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MIM.wr. ♦ s�mm,rr ^' _ _ GlajaO Summary EgemM Twb I .-_..__ Eg4mb MaeGbm♦ Owallrre Tue 1/14/14 Exhibit Burlingame Phase 2 Contract r RRA.NELSON ID .— aMn F4iX ee iM.ar eiva aoam Mm wan♦ FXwv11 '� PunaAla i06y4 ev�wvl FX w:uu t---—� Eawbr Meitlimna P.K. a06p Mm W14 FA 1MW14 ..——- pdPP, Tao eaan• FsI teO11� h P4rlrlr,e CarrWlreaelr Fw%tl'sllviEw/v.EW eary4~-TU wW1♦ WaE dVH loawa my ao'1♦ w.awwa Faudabn CMU.4M _ eaYF4 lau %14 emonl Mon FaMaMn WbrPafnq 44.r1or 800 )dy4 TMrwWi4 Fri e/Pn4 8p� Is A TuF7 n 714- Mmm14 FY4mMp 'N a.Y4 Mvr wJWla' iH)Rd14 MEW 1adY4 Md 1/1&14 PXBan4 EMWMM RagMn tedY4 Men wtii4- -FX w'J1I14 �_ -Mon>a8/14 FXwv14 - Etl`wb- pays 924 s r fX Wtel14 rr44tb 8WM Man PiFrMi1M - IU4aY6 Mon B2'..+e -Fri te3'1{ ...._.....MMIYq Can4Mretlrl ManlWll Th;_-114 Man-14 Rwn�re rr�rq FaurmOm E]u+Yim R�n44iiq FavWim Canau Twuv14 vaewln♦ -mvenw4 —Md Fa:MMrmWelapaokq ' Mw soo -._--. 7la Trw wvl4 Faeaw♦ -SXan ru eau/♦ Mm 4 FwWYlan 9.tid9 - __...__.__.. 16mvs Mon wyt• n n1 F vMq 14 14 - I' eeayv ) mCan Mvr nw4 4 4 15 Ca s M 1♦ �— � Y i I 10 Cays --fbmw 4 Nl'a E wbu04e 10 Cave -TMCAr14 Mon~4 id mn Fr eam4 Tn+3 - _ loaev,' Pnearns _-rM,nau - _ !I,PPK +w dY4 —ae'14 ru4 a do lu teas W4aW14 Truraaw♦ 104 _ 8a4 .W yW yn Wa 4 Tr ww• as Mala4Mfaa an F 1 n4 11 w4 o.wesarroa— alas+ ra mw4 Pn 4awe arar.ars t0`M4'I _Fd)nw♦ 11.1)atn4 eirr. 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Per — MEMO RA NELSON CONTRACT FGMP ATTAC VILIV I S -- NOT PUBLISHED 1 - GENERAL CONDITIONS DETAIL 2 - GMP DETAIL BY BUILDING 3 - GMP DETAIL BY DIVISION 4 - ALLOWANCES 0 t Standard Estimate Report Page 1 f^ RAN E L SON gurifngame GC's 11-13 1/14/2014 2:22 PM SUIIDING MOUKIAIN RESOR{COMMU"'i S - - -- _ -_.. -. • Total _ Item Description Takeoff Qty Unit Cost Amount 001-0000 GENERAL REQUIREMENTS 001-3000 Admin.Requirements 105.00 /HR 43,575 3100 Senior Project Manager 415.00 HR 12.00 MO 12;900.00 /MO 154,800 3100 Project Manager 172.00 HR 75.00 /HR 12,900 3100 Preconstruction Manager 11.00 MO 15,480.00 /MO 170,280 3200 Project Superintendent 104,060 11.00 MO 9,460.00 /MO 3300 Assistant Superintendent/Project Engineer 192.00 HR 45.00 /HR 8,640 3400 Project Accountant 3.00 MO 9,460.00 IMO 28,380 3400 Punchlist Foreman 9.00 MO 12,900.00 /MO 116,100 3400 Quality Controi/MEP Coordinator 638,735 Admin.Requirements 001-5000 Temporary Facilities 12,000 10.00 MO 1,200.00 1M0 5100 Temporary Power Consumption 11.00 MO 350.00 /MO 3,850 5200 Temporary Water Consumption 10.00 MO 550.00 /MO 5,500 5300 Field Trailer 10.00 MO 400.00 /MO 4,000 5400 Field Office Equipment&Supplies 11.00 MO 1,125.00 /MO 12,375 5500 Temporary Sanitary Facilities 48,171.00 SF 1.25 /SF 60,214 5600 Dumpster Charges 11.00 MO 300.00 /MO 3,300 5700 Telephone/Fax/Modem Charges 1.00 LS 2,500.00 /LS 2,500 5800 Temporary Barriers&Signs 103,739 Temporary Facilities 001-7000 Execution Requirements 11.00 MO 150.00 /MO 1.650 7100 Postage/UPS/Federal Express 11.00 MO 1,100.00 /MO 12,100 7200 Safety/First Aid/OSHA 1.00 LS 5,000.00 /LS 5,000 7300 Mobilize&Demobilize 11.00 MO 150.00 /MO 1,650 7400 Construction Photographs 48,171.00 SF 0.95 /SF 45,762 7500 Final Cleaning&Window Washing 48,171.00 SF 1.91 1SF __91,807 7800 Warranty Reserve 167,969 Execution Requirements - -- - --- -- -- _- 900,443 GENERAL REQUIREMENTS 10 RAN E L S ON Standard Estimate Report SUIM-C,MOVNIAIN lESORf C(wMUN1IIk1 Page 2 -----------__--______ Burlingame GC's 11-13 111412014 2:22 PM ® Estimate Totals Qescrintion Amount Totals Rate Labor Material Subcontract 900.443 Eauioment Other 00.443 900,443 Cnnctnictinn Cnntinnancv 900,443 riPnPrAI I iahility Incnranrp 900,443 (�r. r.nnOn Irtlnn FPP Total 900,443 • r^ R.A.N E L S O N Standard Estimate Report 1/14/2014 6;10 PM Burlingame Buildis - ---- ---- BUILDING MOUNTAIN 4f50Yt CO�I.q UNIT I>i _n-g_ _.- -- _- ..Total Item Description Takeoff Qty Unit Cost Amount Building 5 002-0000 SITE WORK 002-1000 Demolition&Hazmat 2,710.00 SF 1.81 ISF 4,893 1300 Radon Mitigation-Passive System Includes Armaflex Insulation, 2,710.00 SF 0.90 /SF 2=439 1300 15-mil Stego Wrap 7,332 Demolition&Hazmat 7,332 SITE WORK 003-0000 CONCRETE 003-1000 Foundation Ftgs&Walls 5,571.00 GBA 13.394/GBA 74,620 1100 Concrete Package 1.00 LS 1,301.00 /LS 1,301 1200 2 Year Warranty&Bond Concrete Sub Bonding 75,921 Foundation Ftgs&Walls 003-5000 Concrete Floor Topping 2,774.00 SF 4.664/SF 12,937 5100 Gyperete Topping Slab&Acoustimat 114"Acoustimat It 12,937 Concrete Floor Topping 88,858 CONCRETE 005-0000 METALS 005-1000 Structural Steel 0.25 /GBA 1,393 5,571.00 GBA 1400 Misc Metal Fabrications 1.00 LS 360.00 /LS 360 1400 Wire Mesh Screen Wall 1.00 LS 1,455.00 /LS 1,455 1400 Metal Sub 2 Year Warranty&Bond 3,208 Structural Steel 005-5000 Specialty Fabrications 4.00 EA 2,820.00 /EA 11,280 5300 Prefab Window Well W/Grate Cover St. Paul Corrugating Company. Includes Ladder 11,280 Specialty Fabrications - ----— 14,488 METALS 006-0000 WOODS 006-1000 Framing Materials 5,571.00 GBA 18.66 IGBA 103,937 1100 Framing Materials Includes Dow Blue Foam for slabs and basement walls,ewp for all floor and roof systems, ewp for decks,studs,headers,ex sheathing, floor sheathing,stairs, thermax,engineered trusses, vycor window flashing,osi window caulking,hardie siding,hardie soffit, 1x4 treated furring strips.fascia, trex decking,and cedar handrail. 103,937 Framing Materials 006-2000 Framing Labor 5,571.00 GBA 13.67 /GBA 76,125 2100 Framing Labor Wood Framing&Trusses Labor. 1,00 LS 2,520.00 ILS 2,520 2100 Framer Bond 411.00 SF 16.12 /SF 6,624 2100 Window/Door Install Wood Framing& Trusses Labor. 1.00 LS 10.000.00 /LS 10,000 2100 Overtime Framing Labor 1.00 LS 9,000.00 /LS 9,000 2100 Framing Labor-ASI 106&RFI 85/85R 5,571.00 GBA 9.59 /GBA 53,405 2300 Exterior Trim Labor RAN N E L S O N Standard Estimate Report Burlingame Buildings 5-7 111412014 6:10 PM Item Description Total - - Takeoff Qty Unit Cost Arno-unt 006-2000 Framing Labor Includes Fasteners,Lap Siding,Board&Batten, Soffit, Fascia,and Man Lift/Scaffolding. 2300 Exterior Trim Sub Bond 1.00 LS 1,782.00 /LS 1,782 2300 Blocking Labor 5,571.00 GBA 0.50 /GBA 2,786 Framing Labor - ---------- 162,242 006-3000 Finish Carpentry Material 3100 Baseboard Painted(B-1)-Material 1,613.00 LF 1.75 /LF 2,823 3 1/4"1-3/16"MDF(Stark Casing) 3100 Interior Hand Rail-1 1/2"Wood Material 102.00 LF 6.00 /LF 612 Includes Stainless Steel Brackets. 3100 1x12 Wood Stringer 160.00 LF 8.00 /LF 1,280 3100 Painted Wood Wall Cap @ Stair 67.00 LF 6.00 /LF 402 3100 DoorTrim-Material 1,465.00 LF 1.75 /LF 2,564 Finish Carpentry Material - -- -- - 7,681 006-4000 Finish Carpentry Labor 4100 Finish Carpentry Labor 5,571.00 GBA 6.68 /GBA 37,215 Includes Install of P-Lam CT's, and all shelving. 4100 Finish Carpentry Sub 2 Year Warranty&Bond 1.00 LS 5,175.00 /LS 5,175 Finish Carpentry Labor 4Z390 006-6000 General Labor 6100 General Labor 363.00 HR 40.00 /HR 14,520 6200 Weather Conditions Allowance 1.00 LS 8,000.00 /LS 8,000 General Labor -- ---------- 22,520 - - -- WOODS _.___ 338,769 007-0000 THERMAL&MOISTURE PROT 007-1000 Damp Waterproofing 1100 Foundation Damp/Waterproofing 2,761.00 SF 3.50 /SF 9,664 Includes Drainage/Protective Layer. 1100 Bithuthene Membrane Over WP 675.00 SF 2,78 /SF 1,875 40 Mil Bituthene Membrane 30"High and Over Vertical Foundation Waterproofing. Damp/Waterproofing -- 11,539 007-2000 Thermal Prot/Insulation 2100 Under Slab Insulation-Labor 5,471.00 SF 0.50 /SF 2,736 Material included in framing materials. 2200 Building Insulation 5,571.00 GBA 2.334/GBA 13,000 Thermal Prot/Insulation - - 15,736 007-3000 Roofing 3400 Roofing,Flashings,and Metal Siding 5,571.00 GBA 13.554/GBA 75,510 22 GA Standing Seam Berridge. 3400 Roofer Bond 1.00 LS 755.00 /LS 755 3400 Change Existing Roofer Additional Cost 1.00 LS 8,858.00 /LS 8,858 Use Different Roofer Than Buildings 1-4. Roofing 85,123 007-6000 Flashing&Sheetmetal 6100 Flashing&Sheetmetal Trim 5,571.00 GBA 0.65 /GBA 3,621 Flashing&Sheetmetal 3,621 007-7000 Roof Accessories 7100 Gutters&Downspouts 0.00 NIC None shown on plans but specifications are included for this item. Douglass Colony says none required or currently being done on project. 7100 Snow Fence 0.00 NIC None shown on plans but specifications are included for this item. Douglass Colony says none required or currently being done on project. RAN E L S 0 N Standard Estimate Report Burlingame Buildings 5-7 111412014 6:10 PM Total Item Description Takeoff Qty Unit Cost Amount 007-9000 Joint Sealers 9100 Caulking&Sealants 5,571.00 GBA 0.75 /GBA 4,178 4,178 Joint Sealers - - 120,197 THERMAL&MOISTURE PROT 008-0000 DOORS AND WINDOWS 008-2000 Doors 2100 Interior Doors&Hardware 39.00 EA 146.00 /EA 5,694 2200 "G"Fiberglass Main Entry Doors-HW Set 1 2.00 EA 500.00 /EA 1,000 2200 Glazing For"G"Fiberglass Main Entry Doors 2.00 EA 525.00 /EA 1,050 2200 Box Knox 1.00 INC Included on Colorado Doorways Number --- -- --- 7,744 Doors 008-3000 Specialty Doors 3100 Attic Access Panels 4.00 EA 121.00 /EA 484 3400 2'x3'Door @ Storage Below Stairs 1.00 EA 135.00 /EA 135 3400 3'x2'-6"Cabinet Doors For Storage Access 2.00 EA 150.00 /EA 300 91 9 Specialty Doors 008-5000 Windows 5100 Windows 411.00 SF 38.002/SF 15,619 Milgard. 5100 FG Patio/Entry Doors-HW Set 1 4.00 EA 1,898.00 /EA 7,592 Milgard. Vinyl- 5100 FG Exterior Storage Doors-HW Set 6 2.00 EA 1,898.00 !EA 3,796 Milgard. 5100 Windows 1.00 LS 323.00 /LS 323 27,330 Windows 008-8000 Glass&Glazing 2.00 SF 550.00 /EA 1,100 8100 Glass Shower Doors 107.00 SF 11.00 /SF _1,177 8300 Mirrors Glass&Glazing 2,277 DOORS AND WINDOWS 009-0000 FINISHES 009-2000 Drywall&Gypsum Finishes 2100 Drywall Hang,Tape&Finish 5,571.00 GBA 9.551 /GBA 53,211 2300 Metal Framing-Soffits 1,766.00 SF .823/SF 2,406 81 /SF 4.962 2300 2x3 Furred Wall @ Basement level Now Metal 1,320.00 S 1. L 2300 2 Year Bond&Bond On Drywall Sub 1.00 LS 352.00 /LS 352 2300 Dyywall Patch/Reconfiguration Allowance 1.00 LS 2,500.00 /LS 2,500 Drywall&Gypsum Finishes 63,431 009-4000 Protection of Finishes 4100 Protection of Finishes 5,571.00 GBA 0.55 /GBA 3,064 Protection of Finishes 3,064 009-6000 Flooring 6800 CPT-1,LV1,LV2 Flooring 4,341.00 S 4.19 /SF 18,179 L 6800 Flooring Sub Bond 1.00 LS 609.00 /LS 609 21 6800 T-1,T2 Tile 847.00 SF .334!SF 18,070 36,858 Flooring 009-9000 Painting 5,571.00 GBA 4.49 /GBA 25,014 9100 Painting 1.00 LS 500.00 /LS 500 9100 Painting 2 Year Warranty&Bond RANELSON Standard Estimate Report Buildings Burlingame Bu s 5-7 9 _ 9 111412014 6:10 PM Total_ Item Description Takeoff Qty Unit Cost Amount Painting 25,514 FINISHES 128,867 010-0000 SPECIALTIES 010-1000 Miscellaneous Specialties 1400 Fire Extinguishers 4.00 EA 75.00 /EA 300 1800 Signs 1.00 LS 1,100.00 /LS -1,-100 Miscellaneous Specialties 1,400 010-8000 Toilet&Bath Accessories 8100 Residential Bath Accessories 5,571.00 EA 1.081/EA 6,025 Toilet Bath Accessories 6,025 --- --- SPECIALTIES 7,425 011-0000 EQUIPMENT 011-4000 Appliances 4100 Kitchen Residential Appliances 4.00 UNIT 1,968.00 /UNIT 7,872 4100 Washer&Dryer 4.00 UNIT 950.00 /UNIT 3,800 4100 Appliances 2 Year Warranty 4.00 UNIT 206.00 /UNIT 824 Appliances _ 12,496 011-6000 Tools&Equipment 6100 Hoisting 1.00 INC Included With Subcontractor, 6300 Scaffolding 1.00 INC Included With Subcontractor. 6500 Small Tools 9.00 MO 200.00 /MO 1,800 - - Tools -- Equipment 1,800 EQUIPMENT 14,296 012-0000 FURNISHINGS 012-3000 Manufactured Casework 3200 CAB-1 Kitchen Pantry Cabinet 6.00 LF 250.00 /LF 1,500 3200 Kitchen Upper Cabinets 64.00 LF 125.00 /LF 8,000 3200 Kitchen Base Cabinets 40.00 LF 150.00 /LF 6,000 3300 Vanities 26.00 LF 150.00 /LF 3,900 3400 Kitchen P-Lam Countertops-Supply 124.00 SF 25.00 /SF 3,100 3400 Bath P-Lam Countertops-Supply 64.00 SF 25.00 /SF 1,600 3500 R-1/S1-18 Closet Rod&Shelf-Supply 51.00 LF 18.00 /LF 918 3500 S5-12 Painted Wood Shelving-Supply 26.00 LF 30.00 /LF 780 3500 R-2/S2-18 Closet Rod&Shelf-Supply 34.00 LF 32.00 /LF 1,088 3700 Special Cabinet Pulls&Hardware 4.00 UNIT 150.00 /UNIT 600 Manufactured Casework 27,486 012-4000 Furnishings&Accessories 4900 Window Coverings 0.00 NIC By Owner. FURNISHINGS 27,486 013-0000 SPECIAL CONSTRUCTION 013-2000 Specialty Items 2100 RFI 109-213 Allowance 1.00 LS 6,000.00 /LS 6,000 2800 Solar Thermal Pre-heat System 1.00 LS 42,000.00 /1-S 42,000 r� RAN E L S N Standard Estimate Report Burlingame Buildings 5-7 -111412014 6:10 PM - Total Item Description Takeoff Qty Unit Cost Amount 013-2000 Specialty Items - -- - Specialty Items 48,000 -- ---- - - - 48,000 SPECIAL CONSTRUCTION 015-0000 MECHANICAL ------- ------ 015-3000 Fire Protection 3100 Fire Protection 5,571.00 GBA 4.421 /GBA 24,628 3100 Fire Protection 2 Year Warranty&Bond 1.00 LS 500.00 /LS 500 Fire Protection 25,128 015-4000 Plumbing 4100 Plumbing Rough&Trim 5,571.00 GBA 13.44 /GBA 74,850 4100 Plumbing Sub 2 Year Warranty&Bond 1.00 LS 3,702.00 /LS 3,702 4100 Water Meters 1.00 EA 1,500.00 /EA 1,500 Plumbing 80,052 015-5000 Heating Systems 5400 HVAC Systems 5,571.00 GBA 13.134/GBA 73,168 5400 HVAC Sub 2 Year Warranty&Bond 1.00 LS 2,899.00 /LS 2,899 5400 Mechanical Systems Balancing&Testing 1.00 LS 31160.00 /LS 3,160 ---------------.--- Heating Systems 79'227 - - - - -- .. --- 184,4 MECHANICAL 016-0000 ELECTRICAL 016-1000 Electrical Rough&Trim 1100 Electrical Rough&Trim 5,571.00 GBA 12.502/GBA 69,647 1100 Electrical Sub 2 Year Warranty&Bond 5,571.00 GBA 0.48 /GBA 2,647 1100 Alltec Fire Alarm 1.00 LS 24,463.00 /LS 24,463 1100 Alltec Fire Alarm 2 Year Warranty&Bond 1.00 LS 1,500.00 /LS 1500 Electrical Rough&Trim 98,257 -- -- - -- - ELECTRICAL 017-0000 INDIRECT COSTS 017-1000 Indirect Cost 1050 Soil Testing&Inspections 0.00 NIC By Owner per Conference Call. INDIRECT COSTS 1,116,652 Building 5 RAN E L SO Standard Estimate Report Burlingame Buildings 5-7 - _ g- 111412014 6:10 PM Total Item Description Takeoff Qty Unit Cost Amount Building 6 002-0000 SITE WORK 002-1000 Demolition&Hazmat 1300 Radon Mitigation-Passive System 6,831.00 SF 1.80 /SF 12,296 Includes Armaflex Insulation. 1300 15-mil Stego Wrap 6,831.00 SF 0.90 /SF 6,113 --- - Demolition&Hazmat -- 18,409 SITE - --- WORK 18,409 003-0000 CONCRETE 003-1000 Foundation Ftgs&Walls 1100 Concrete Package 17,000.00 GBA 10.98 /GBA 186,647 1200 2 Year Warranty&Bond Concrete Sub Bonding 1.00 LS 3,732.00 /LS 3,732 Foundation Ftgs&Walls 19090,, 379 003-5000 Concrete Floor Topping 5100 Gyperete Topping Slab&Acoustimat 9,780.00 SF 4.944/SF 48,349 114"Acoustimat II. -- - Concrete Floor Topping 48,349 CONCRETE 238,728 005-0000 METALS 005-1000 Structural Steel 1400 Deck/Stairs Mesh Panels,Building Stairs,Post 17,000.00 GBA 3.05 /GBA 51,797 Bases Also includes Screen Wall. 1400 Misc Metal Fabrications 17,000.00 GBA 0.25 /GBA 4,250 1400 Metal Sub 2 Year Warranty&Bond 1.00 LS 3,000.00 /LS 3,000 - - Structural Steel 59,047 005-5000 Specialty Fabrications 5300 Prefab Window Well W/Grate Cover 3.00 EA 2,820.00 /EA 8,460 St.Paul Corrugating Company.Includes Ladder. - _- _ Specialty Fabrications __ _ 8,460 METALS 67,507 006-0000 WOODS 006-1000 Framing Materials 1100 Framing Materials 17,000.00 GBA 18.22 /GBA 309,745 Includes Dow Blue Foam for slabs and basement walls,ewp for all floor and roof systems,ewp for decks, studs,headers,ext sheathing,floor sheathing,stairs,thermax,engineered trusses, vycor window flashing,osi window caulking,hardie siding,hardie soffit, 1x4 treated furring strips, fascia,trex decking,and cedar handrail. Framing Materials 309,7-45 006-2000 Framing Labor 2100 Framing Labor 17,000.00 GBA 13.61 /GBA 231,374 Wood Framing&Trusses Labor. 2100 Framer Bond 1.00 LS 7,700.00 /LS 7,700 2100 Window/Door Install 1,296.00 SF 16.12 /SF 20,888 Wood Framing&Trusses Labor. 2100 Overtime Framing Labor 1.00 LS 25,000.00 /LS 25,000 (+ RAN N E L S O N Standard Estimate Report 1 N: Burlingame Buildings 5-7 - 111412014 6:10 PM Total --- Item Description Takeoff Qty Unit Cost Amount 006-2000 Framing Labor 2100 Framing Labor-ASI 106&RFI 85/85R 1.00 LS 19,000.00 /LS 19,000 2300 Exterior Trim Labor 17,000.00 GBA 7.864/GBA 133,682 Includes Fasteners, Lap Siding,Board&Batten, Soffit,Fascia,and Man Lift/Scaffolding. 2300 Exterior Trim Sub Bond 1.00 LS 4,730.00 /LS 4,730 2300 Blocking Labor 17,000.00 GBA 0.50 /GBA 8,500 2300 Wood Railings(6.9)Labor 99.00 LF 30.00 /LF 2,970 2300 Composite Wood Decking Labor 1,500.00 SF 7.00 /SF 10,500 2300 Wood Cap @ Deck Mesh Railing 250.00 LF 5.00 /LF 1,250 2300 Deck Mesh Panels Labor 250.00 LF 10.00 /LF 2,500 2300 Stair Mesh Panels Labor 118.00 LF 10.00 /LF 1,180 2300 Stair Perforated Metal Treads&Risers Labor 54.00 EA 25.00 /EA 1,350 2300 Grab Rails Both Sides of Exterior Stairs Labor 118.00 LF 5.00 /LF 590 Framing Labor 471,214 006-3000 Finish Carpentry Material 3100 Baseboard Painted(B-1)-Material 4,495.00 LF 1.75 /LF 7,866 3 114"13116"MDF(Stark Casing) 3100 Interior Hand Rail-1 1/2"Wood Material 50.00 LF 6.00 /LF 300 Includes Stainless Steel Brackets. 3100 1x12 Wood Stringer 110.00 LF 8.00 /LF 880 3100 Painted Wood Wall Cap @ Stair 36.00 LF 6.00 /LF 216 3100 Door Trim-Material 4,713.00 LF 1.75 /LF 82248 Finish Carpentry Material 17,510 006-4000 Finish Carpentry Labor 4100 Finish Carpentry Labor 17,000.00 GBA 5.444/GBA 92,550 Includes Install of P-Lam CT's,and all shelving. 4100 Finish Carpentry Sub 2 Year Warranty&Bond 1.00 LS 7,500.00 /LS 7,500 Finish Carpentry Labor 100,050 006-6000 General Labor 6100 General Labor 1,373.00 HR 40.00 /HR 54,920 6200 Weather Conditions Allowance 1.00 LS 15,000.00 /LS 15,000 General Labor 69,920 - - - ---- --- WOODS 9 ' 007-0000 THERMAL&MOISTURE PROT 007-1000 Damp/Waterproofing 1100 Foundation Damp/Waterproofing 8,153.20 SF 2.762/SF 22,520 Includes Drainage/Protective Layer. 1100 Bithuthene Membrane Over WP 1,800.00 SF 2.58 /SF 4,635 40 Mil Bituthene Membrane 30"High and Over Vertical Foundation Waterproofing. _ ___ - Damp/Waterproofing 27,155 007-2000 Thermal Prot/Insulation 2100 Under Slab Insulation-Labor 14,984.00 SF 0.50 /SF 7,492 Material included in framing materials. 2200 Building Insulation 17,000.00 GBA 2.06 /GBA 35,000 Thermal Prot/Insulation 42,492 007-3000 Roofing 3400 Roofing,Flashings,and Metal Siding 17,000.00 GBA 10.294/GBA 175,000 22 GA Standing Seam Berridge. 3400 Roofer Bond 1.00 LS 1,750.00 /LS 1,750 3400 Change Existing Roofer Additional Cost 1.00 LS 27,033.00 /LS 27,033 Use Different Roofer Than Buildings 1-4. --- ---- Roofing 203,783 007-6000 Flashing&Sheetmetal 6100 Flashing&Sheetmetal Trim 17,000.00 GBA 0.65 /GBA 11,050 I ., ,. ;� Standard Estimate Report Burlingame Buildings 5-7 9- _-- 9 _ _ 119412014 6:90 PM Total Item Description Takeoff Qty Unit Cost Amount Flashing&Sheetmetal 11,050 007-7000 Roof Accessories 7100 Gutters&Downspouts 0.00 NIC None shown on plans but specifications are included for this item. Douglass Colony says none required or currently being done on project. 7100 Snow Fence 0.00 NIC None shown on plans but specifications are included for this item. Douglass Colony says none required or currently being done on project. 007-9000 Joint Sealers 9100 Caulking&Sealants 17,000.00 GBA 0.75 1GBA 12,750 ---- --------- Joint Sealers 12,750 THERMAL&MOISTURE PROT 297,230 008-0000 DOORS AND WINDOWS 008-2000 Doors 2100 Interior Doors&Hardware 110.00 EA 146.00 /EA 16,060 2100 "F"Flush Steel Exterior Storage Door-HW Set 5 3.00 EA 540.00 /EA 1,620 2100 "F"Flush Steel Exterior Water Entry Door-HW 2.00 EA 540.00 /EA 1,080 Set 5 2200 "G"Fiberglass Main Entry Doors-HW Set 1 11.00 EA 500.00 /EA 5.500 2200 Glazing For"G"Fiberglass Main Entry Doors 11.00 EA 525.00 /EA 52775 Doors 30,035 008-3000 Specialty Doors 3100 Attic Access Panels 8.00 EA 121.00 /EA 968 3400 3'x2'-6"Cabinet Doors For Storage Access 3.00 EA 150.00 /EA 450 Specialty Doors 1,418 008-5000 Windows 5100 Windows 1,296.00 SF 41.08 /SF 53,233 Milgard. 5100 FG Patio/Entry Doors-HW Set 1 15.00 EA 1,898.00 /EA 28,470 Milgard. Vinyl, 5100 Windows 1.00 LS 645.00 /LS 645 Windows -_ 82,348 8 008-8000 Glass&Glazing 8100 Glass Shower Doors 8.00 EA 550.00 /EA 4,400 8300 Mirrors 453.00 SF 11.00 /SF 4,983 Glass&Glazing - - 9,383 DOORS AND WINDOWS 123,184 009-0000 FINISHES 009-2000 Drywall&Gypsum Finishes 2100 Drywall Hang,Tape&Finish 17,000.00 GBA 8.443/GBA 143,533 2300 Metal Framing-Soffits 3,292.00 SF 2.79 /SF 9,185 2300 2x3 Furred Wall @ Basement level Now Metal 2,680.00 SF 1.83 /SF 4,904 2300 2 Year Bond&Bond On Drywall Sub 1.00 LS 1,200.00 /LS 1,200 2300 Dyrwall Patch/Reconfiguration Allowance 1.00 LS 3,750.00 /LS 3,750 Drywall&Gypsum Finishes 162,572 009-4000 Protection of Finishes 4100 Protection of Finishes 17,000.00 GBA 0.55 /GBA 9,350 Protection of Finishes 9,350 009-6000 Flooring 6800 CPT-1,LV1,LV2 Flooring 13,915.00 SF 3.963/SF 55,142 6800 Flooring Sub Bond 1.00 LS 1,691.00 /LS 1,691 r RAN N E L S O N Standard Estimate Report Burlingame Buildings 5-7 111412014 6:10 PM Total Item Description Takeoff Qty Unit Cost Amount 009-6000 Flooring 6800 T-1,T2 Tile 2,899.00 SF 20.99 /SF 60,840 Flooring 117,673 009-9000 Painting 9100 Painting 17,000.00 GBA 3.96 /GBA 67,300 9100 Painting 2 Year Warranty&Bond 1.00 LS 1,200.00 /LS 1,200 Painting 68,500 FINISHES 358, 010-0000 SPECIALTIES 010-1000 Miscellaneous Specialties 1400 Fire Extinguishers 15.00 EA 75.00 /EA 1,125 1800 Signs 1.00 LS 2,532.00 /LS 2,532 -------------------- Miscellaneous Specialties 3,657 010-8000 Toilet&Bath Accessories 8100 Residential Bath Accessories 17,000-00 EA 0.851/EA 14,462 Toilet&Bath Accessories 14,462 -- - - -- SPECIALTIES 011-0000 EQUIPMENT 011-4000 Appliances 4100 Kitchen Residential Appliances 15.00 UNIT 1,967.933/UNIT 29,519 4100 Washer&Dryer 15.00 UNIT 950.00 /UNIT 14,250 4100 Appliances 2 Year Warranty 15.00 UNIT 206.00 /UNIT 3,090 Appliances 46,859 011-6000 Tools&Equipment 9 6500 Small Tools .00 MO 400.00 /MO _--3,600 Tools&Equipment 3,600 --- --- EQUIPMENT 50,4 012-0000 FURNISHINGS ---- --- --- 012-3000 Manufactured Casework 3200 CAB-1 Kitchen Pantry Cabinet 23.00 LF 250.00 /LF 5,750 3200 Kitchen Upper Cabinets 252.00 LF 125.00 /LF 31,500 3200 Kitchen Base Cabinets 156.00 LF 150.00 /LF 23,400 3300 Vanities 133.00 LF 150.00 /LF 19,950 3400 Kitchen P-Lam Countertops-Supply 483.00 SF 25.00 /SF 12,075 3400 Bath P-Lam Countertops-Supply 331.00 SF 25.00 /SF 8,275 3500 S5-18 Painted Wood Shelving-Supply 35.00 LF 45.00 /LF 1,575 3500 R-1/S2-18 Painted Wood Shelving 18"-Supply 50.00 LF 30.00 /LF 1,500 3500 R-162-24 Painted Wood Shelving-Supply 25.00 LF 35.00 /LF 875 3500 R-1/S1-18 Closet Rod&Shelf-Supply 181.00 LF 18.00 /LF 3,258 3500 S4-18 Painted Wood Shelving-Supply 110.00 LF 36.00 /LF 3,960 3500 S5-12 Painted Wood Shelving-Supply 30.00 LF 30.00 /LF 900 3500 R-262-18 Closet Rod&Shelf-Supply 15.00 LF 32.00 /LF 480 3500 R-1/S2-18 Painted Wood Shelving-Supply 51.00 LF 27.00 /LF 1,377 3700 Special Cabinet Pulls&Hardware 15.00 UNIT 150.00 /UNIT 2,250 Manufactured Casework 117,125 FURNISHINGS 117,125 RAN E LSON Standard Estimate Report Burlingame Buildings 5-7 - 111412014 6:10 PM Iota(- Item Description Takeoff Qty Unit Cost Amount 013-0000 SPECIAL CONSTRUCTION 013-2000 Specialty Items 2100 RFI 109-213 Allowance 1.00 LS 22,000.00 /LS 22,000 2800 Solar Thermal Pre-heat System 1.00 LS 84,000.00 /LS 84,000 Specialty Items -- 106,000 -- - - - - SPECIAL CONSTRUCTION 106,000 015-0000 MECHANICAL 015-3000 Fire Protection 3100 Fire Protection 17,000.00 GBA 3.13 /GBA 53,189 3100 Fire Protection 2 Year Warranty&Bond 1.00 LS 1,500.00 /LS 1,500 -. - -ire --- Protection 54,689 015-4000 Plumbing 4100 Plumbing Rough&Trim 17,000.00 GBA 14.121/GBA 240,050 4100 Plumbing Sub 2 Year Warranty&Bond 1.00 LS 8,983.00 /LS 8,983 4100 Water Meters 2.00 EA 1,500.00 /EA 3,000 Plumbing - _ __- 252,033 015-5000 Heating Systems 5400 HVAC Systems 17,000.00 GBA 12.13 /GBA 206,145 5400 HVAC Sub 2 Year Warranty&Bond 1.00 LS 7,289.00 /LS 7,289 5400 Mechanical Systems Balancing&Testing 1.00 LS 9,640.00 /LS 9,640 - -eating -- Systems 223,074 -- - MECHANICAL 529,796 016-0000 ELECTRICAL 016-1000 Electrical Rough&Trim 1100 Electrical Rough&Trim 17,000.00 GBA 13.641/GBA 231,896 1100 Electrical Sub 2 Year Warranty&Bond 17,000.00 GBA 0.293/GBA 4,977 1100 Alltec Fire Alarm 1.00 LS 59,031.00 /LS 59,031 1100 Alltec Fire Alarm 2 Year Warranty&Bond 1.00 LS 3,000.00 /LS 3,000 - - -- Electrical Rough&Trim 298,904 016-3000 Electrical Fixtures 3100 Solar Thermal PV System Electrical Work 1.00 LS 3,795.00 /LS 3,795 - - -- Electrical Fixtures - - - -3,795 ELECTRICAL 302,699 Building 6 - ----- 3,195,790 r RAN E L S O N Standard Estimate Report ,�. �,.,�.�, :.,�::,:n :�-� ;�� ,���> Burlingame Buildings 5-7 1/14/2014 6:10 PM To-_tall.--- Item Description Takeoff Qty unit Cost Amount Building 7 002-0000 SITE WORK 002-1000 Demolition&Hazmat 1300 Radon Mitigation-Passive System 6,831.00 SF 1.80 ISF 12,296 Includes Armaflex Insulation. 1300 15-mil Stego Wrap 6,831.00 SF 0.90 ISF 6,113 Demolition&Hazmat 18,409 ---- -- - SITE WORK ' 003-0000 CONCRETE 003-1000 Foundation Ftgs&Walls 1100 Concrete Package 17,000.00 GBA 10.69 /GBA 181,699 1200 2 Year Warranty&Bond Concrete Sub Bonding 1.00 LS 3,732.00 /LS 3,732 Foundation Ftgs&Walls 185,431 003-5000 Concrete Floor Topping 5100 Gyperete Topping Slab&Acoustimat 9,780.00 SF 4.944/SF 48,349 114"Acoustimat IL ------- Concrete Floor Topping 48,349 -- - - 233,780 CONCRETE 005-0000 METALS 005-1000 Structural Steel 1400 Deck/Stairs Mesh Panels,Building Stairs,Post 17,000.00 GBA 3.103/GBA 52,751 Bases Also includes Screen Wall. 1400 Misc Metal Fabrications 17,000.00 GBA 0.25 /GBA 4,250 1400 Metal Sub 2 Year Warranty&Bond 1.00 LS 3,000.00 /LS 3,000 Structural Steel 60,001 005-5000 Specialty Fabrications 5300 Prefab Window Well W/Grate Cover 3.00 EA 2,820.00 /EA 8,460 St.Paul Corrugating Company. Includes Ladder. -- --- - ---- Specialty Fabrications 8,460 METALS 88,4 006-0000 WOODS 006-1000 Framing Materials 1100 Framing Materials 17,000.00 GBA 18.22 /GBA 309,745 Includes Dow Blue Foam for slabs and basement walls,ewp for all floor and roof systems,ewp for decks,studs,headers,ext sheathing,floor sheathing,stairs,thermax,engineered trusses, vycor window flashing,osi window caulking,hardie siding,hardie soffit, 1x4 treated furring strips, fascia,trex decking,and cedar handrail. Framing Materials 309,745 006-2000 Framing Labor 2100 Framing Labor 17,000.00 GBA 13.61 /GBA 231,374 Wood Framing&Trusses Labor. 1.00 LS 7,700.00 /LS 7,700 2100 Framer Bond 2100 Window/Door Install 1,296.00 SF 16.12 /SF 20,888 Wood Framing&Trusses Labor. 1.00 LS 25,000.00 /LS 25,000 2100 Overtime Framing Labor R A N E L S O N Standard Estimate Report Burlingame Buildings 5-7 9 .g _ 111412094 6:90 PM Total__ Item Description Takeoff Qty Unit Cost Amount 006-2000 Framing Labor 2100 Framing Labor-AS[106&RFI 85/85R 1.00 LS 19,000.00 /LS 19,000 2100 Framing Labor&Material Mock-Up Allowance 1.00 LS 5,000.00 /LS 5,000 2300 Exterior Trim Labor 17,000.00 GBA 7.864/GBA 133,682 Includes Fasteners,Lap Siding,Board&Batten,Soffit,Fascia,and Man Lift/Scaffolding. 2300 Exterior Trim Sub Bond 1.00 LS 4,730.00 /LS 4,730 2300 Blocking Labor 17,000.00 GBA 0.50 /GBA 8,500 2300 Wood Railings(6.9)Labor 99.00 LF 30.00 /LF 2,970 2300 Composite Wood Decking Labor 1,500.00 SF 7.00 /SF 10,500 2300 Wood Cap @ Deck Mesh Railing 250.00 LF 5.00 /LF 1,250 2300 Deck Mesh Panels Labor 250.00 LF 10.00 /LF 2,500 2300 Stair Mesh Panels Labor 118.00 LF 10.00 /LF 1,180 2300 Stair Perforated Metal Treads&Risers Labor 54.00 EA 25.00 /EA 1,350 2300 Grab Rails Both Sides of Exterior Stairs Labor 118.00 LF 5.00 /LF 590 Framing Labor - -- --476,214 006-3000 Finish Carpentry Material 3100 Baseboard Painted(B-1)-Material 4,495.00 LF 1.75 /LF 7,866 3 1/4"13/16"MDF(Stark Casing) 3100 Interior Hand Rail-1 1/2"Wood Material 50.00 LF 6.00 /LF 300 Includes Stainless Steel Brackets. 3100 1 x12 Wood Stringer 110.00 LF 8.00 /LF 880 3100 Painted Wood Wall Cap @ Stair 36.00 LF 6.00 /LF 216 3100 Door Trim-Material 4,713.00 LF 1.75 /LF 8,248 Finish Carpentry Material 17,510 006-4000 Finish Carpentry Labor 4100 Finish Carpentry Labor 17,000.00 GBA 5.444/GBA 92,550 Includes Install of P-Lam CT's,and all shelving. 4100 Finish Carpentry Sub 2 Year Warranty&Bond 1.00 LS 7,500.00 /LS 7,500 - - Finish Carpentry Labor 100,050 006-6000 General Labor 6100 General Labor 1,373.00 HR 40.00 /HR 54,920 6200 Weather Conditions Allowance 1.00 LS 15,000.00 /LS 15,000 General Labor -- -- ---- 69,920 - -- - -- WOODS 973,439 007-0000 THERMAL&MOISTURE PROT 007-1000 Damp/Waterproofing 1100 Foundation Damp/Waterproofing 8,153.20 SF 2.762/SF 22,520 Includes Drainage/Protective Layer. 1100 Bithuthene Membrane Over WP 1,800.00 SF 2.58 /SF 4,635 40 Mil Bituthene Membrane 30"High and Over Vertical Foundation Waterproofing. Damp/Waterproofing -- - - 27,155 007-2000 Thermal Prot/Insulation 2100 Under Slab Insulation-Labor 14,984.00 SF 0.50 /SF 7,492 Material included in framing materials. 2200 Building Insulation 17,000.00 GBA 2.06 /GBA 35,000 Thermal Prot/Insulation 42,492 007-3000 Roofing 3400 Roofing,Flashings,and Metal Siding 17,000.00 GBA 10.294/GBA 175,000 22 GA Standing Seam Berridge. 3400 Roofer Bond 1.00 LS 1,750.00 /LS 1,750 3400 Change Existing Roofer Additional Cost 1.00 LS 27,033.00 /LS 27,033 Use Different Roofer Than Buildings 1-4. Roofing 203,783 007-6000 Flashing&Sheetmetal 6100 Flashing&Sheetmetal Trim 17,000.00 GBA 0.65 /GBA 11,050 10')1 N E ( S O N Standard Estimate Report Burlingame Buildings 5-7 111412014 6:10 PM Total Item Description Takeoff Qty Unit Cost Amount Flashing&Sheetmetal 11,050 007-7000 Roof Accessories 7100 Gutters&Downspouts 0.00 NIC None shown on plans but specifications are included for this item. Douglass Colony says none required or currently being done on project. 7100 Snow Fence 0.00 NIC None shown on plans but specifications are included for this item. Douglass Colony says none required or currently being done on project. 007-9000 Joint Sealers 9100 Caulking&Sealants 17,000.00 GBA 0.75 /GBA 12,750 Joint Seaters 12,750 ---- THERMAL&MOISTURE PROT 008-0000 DOORS AND WINDOWS 008-2000 Doors 2100 Interior Doors&Hardware 110.00 EA 146.46 /EA 1 ,110 1 2100 "F"Flush Steel Exterior Storage Door-HW Set 5 3.00 EA 540.00 /EA 1,620 2100 "F"Flush Steel Exterior Water Entry Door-HW 2.00 EA 540.00 JEA 1,080 Set 5 2200 "G"Fiberglass Main Entry Doors-HW Set 1 11.00 EA 500.00 /EA 5,500 2200 Glazing For"G"Fiberglass Main Entry Doors 11.00 EA 525.00 /EA _5,775 30,085 Doors 008-3000 Specialty Doors 3100 Attic Access Panels 8.00 EA 121.00 /EA 968 3400 3'x2'-6"Cabinet Doors For Storage Access 3.00 EA 150.00 /EA - 450 Specialty Doors 1,418 008-5000 Windows 5100 Windows 1,296.00 SF 41.08 /SF 53,233 Milgard. 5100 FG Patio/Entry Doors-HW Set 1 15.00 EA 1,898.00 /EA 28,470 Milgard. Vinyl. 5100 Windows 1.00 LS 645.00 /LS 645 82,348 Windows 008-8000 Glass&Glazing 8.00 SF 550.00 /EA 4,400 8100 Glass Shower Doors 453.00 SF 11.00 /SF 4,983 8300 Mirrors Glass&Glazing 9,383 123,234 DOORS AND WINDOWS 009-0000 FINISHES 009-2000 Drywall&Gypsum Finishes 2100 Drywall Hang,Tape&Finish 17,000.00 GBA 8.4 /GBA 143,533 2300 Metal Framing-Soffits 3,292.00 SF 2.79 9 /SF ,185 2300 2x3 Furred Wall @ Basement level Now Metal 2,68 .00 LS 1.83 /SF 4 4,904 1 2300 2 Year Bond&Bond On Drywall Sub 1.00 LS 1,200.00 /LS 1,200 2300 Dyywall Patch/Reconfiguration Allowance 1.00 LS 3,750.00 !LS 3,750 Drywall&Gypsum Finishes 162,572 009-4000 Protection of Finishes 4100 Protection of Finishes 17,000.00 GBA 0.55 /GBA 9,350 Protection of Finishes 9,350 009-6000 Flooring 6800 CPT-1,LV1,LV2 Flooring 13,915.00 SF 3.963/SF 55,142 6800 Flooring Sub Bond 1.00 LS 1,691.00 /LS 1,691 R A N E L S O N Standard Estimate Report Burlingame Buildings-5-7 111412014 6:10 PM _-Total Item Description Takeoff Qty Unit Cost Amount 009-6000 Flooring 6800 T-1,T2 Tile 2,899.00 SF 20.99 /SF 60,840 Flooring - - 117,673 009-9000 Painting 9100 Painting 17,000.00 GBA 3.96 /GBA 67,300 9100 Painting 2 Year Warranty&Bond 1.00 LS 1,200.00 /LS 1,200 Painting 68,500 FINISHES 358,095 010-0000 SPECIALTIES 010-1000 Miscellaneous Specialties 1400 Fire Extinguishers 15.00 EA 75.00 1EA 1,125 1800 Signs 1.00 LS 2,532.00 /LS ---- ---2,532 - ----- ------- Miscellaneous Specialties 3,657 010-8000 Toilet&Bath Accessories 8100 Residential Bath Accessories 17,000.00 EA 0.851/EA 14,462 - Toilet -- &Bath Accessories 14,462 -----_- -- SPECIALTIES ----18,119 011-0000 EQUIPMENT 011-4000 Appliances 4100 Kitchen Residential Appliances 15.00 UNIT 1,967.933/UNIT 29,519 4100 Washer&Dryer 15.00 UNIT 950.00 /UNIT 14,250 4100 Appliances 2 Year Warranty 15.00 UNIT 206.00 /UNIT 3,090 -- Appliances 46,859 011-6000 Tools&Equipment 6500 Small Tools 9.00 MO 400.00 /MO 3,600 Tools Equipment 3,600 -- EQUIPMENT 50,459 012-0000 FURNISHINGS 012-3000 Manufactured Casework 3200 CAB-1 Kitchen Pantry Cabinet 23.00 LF 250.00 /LF 5,750 3200 Kitchen Upper Cabinets 252.00 LF 125.00 /LF 31,500 3200 Kitchen Base Cabinets 156.00 LF 150.00 /LF 23,400 3300 Vanities 133.00 LF 150.00 /LF 19,950 3400 Kitchen P-Lam Countertops-Supply 483.00 SF 25.00 /SF 12,075 3400 Bath P-Lam Countertops-Supply 331.00 SF 25.00 /SF 8,275 3500 S5-18 Painted Wood Shelving-Supply 35.00 LF 45.00 /LF 1,575 3500 R-1/S2-18 Painted Wood Shelving 18%Supply 50.00 LF 30.00 /LF 1,500 3500 R-11S2-24 Painted Wood Shelving-Supply 25.00 LF 35.00 /LF 875 3500 R-1/S1-18 Closet Rod&Shelf-Supply 181.00 LF 18.00 /LF 3,258 3500 S4-18 Painted Wood Shelving-Supply 110.00 LF 36.00 /LF 3,960 3500 S5-12 Painted Wood Shelving-Supply 30.00 LF 30.00 /LF 900 3500 R-2/S2-18 Closet Rod&Shelf-Supply 15.00 LF 32.00 /LF 480 3500 R-1/S2-18 Painted Wood Shelving 18"-Supply 51.00 LF 27.00 /LF 1,377 3700 Special Cabinet Pulls&Hardware 15.00 UNIT 150.00 /UNIT 2,250 Manufactured Casework 117,125 FURNISHINGS 117,125 i R.A N E L S O N Standard Estimate Report Burlingame Buildings 5-7 _ 111412014 6:10 PM Total Item Description Takeoff Qty Unit Cost Amount 013-0000 SPECIAL CONSTRUCTION 013-2000 Specialty Items 2100 RFI 109-213 Allowance 1.00 LS 22,000.00 /LS 22,000 2800 Solar Thermal Pre-heat System 1.00 LS 84,000.00 /LS 84,000 0 Specialty Items 106,000 SPECIAL CONSTRUCTION 06 ' 015-0000 MECHANICAL 015-3000 Fire Protection 3100 Fire Protection 17,000.00 GBA 3.13 /GBA 53,189 3100 Fire Protection 2 Year Warranty&Bond 1.00 LS 1,500.00 /LS - 1,500 Fire Protection 54,689 015-4000 Plumbing 4100 Plumbing Rough&Trim 17,000.00 GBA 14.121/GBA 240,050 4100 Plumbing Sub 2 Year Warranty&Bond 1.00 LS 8,983.00 /LS 8,983 4100 Water Meters 2.00 EA 1,500.00 /EA 3,000 Plumbing 252,033 015-5000 Heating Systems 5400 HVAC Systems 17,000.00 GBA 12.13 /GBA 206,145 5400 HVAC Sub 2 Year Warranty&Bond 1.00 LS 7,289.00 /LS 7,289 5400 Mechanical Systems Balancing&Testing 1.00 LS 9,640.00 !LS 9,640 -- 40 Heating Systems 223,074 --- - MECHANICAL 016-0000 ELECTRICAL 016-1000 Electrical Rough&Trim 1100 Electrical Rough&Trim 17,000.00 GBA 13.641 /GBA 231,896 1100 Electrical Sub 2 Year Warranty&Bond 17,000.00 GBA 0.293/GBA 4,977 1100 Alltec Fire Alarm 1.00 LS 58,868.00 /LS 58,868 1100 Alltec Fire Alarm 2 Year Warranty&Bond 1.00 LS 3,000.00 /LS 3,000 Electrical Rough&Trim 298,741 ELECTRICAL 298,741 Building 7 — -- -- -- _ _-- -- 3,192,888 R.A.N E L SO N Standard Estimate Report Burlingame Buildings 5-7 111412014 6:10 PM Total_ Item Description Takeoff Qty Unit Cost Amount Carport 003-0000 CONCRETE 003-1000 Foundation Ftgs&Walls 1100 Carport 6 Concrete Package 1.00 LS 36,659.00 /LS 36,659 1100 Concrete Pier Footings 7.00 CY 642.86 ICY 4,500 1200 Rectangular Concrete Piers 8.00 CY 562.50 /CY 4,500 1200 2 Year Warranty&Bond Concrete Sub Bonding 1.00 LS 558.00 /LS 558 -- Foundation Ftgs&Walls 46,217 003-2000 Interior Concrete Slabs 2100 4"Interior Concrete Slabs 1,460.00 SF 7.73 /SF 11,280 Interior Concrete Slabs 11,280 CONCRETE -- - 57,497 005-0000 METALS 005-1000 Structural Steel 1100 1 1/2"24 Gage Metal Deck @ Trash&Gate 1.00 LS 12,436.00 /LS 12,436 1400 Misc Metal Fabrications 8,600.00 GBA 0.25 /GBA 2,150 Structural Steel 14,586 METALS 14,586 006-0000 WOODS 006-1000 Framing Materials 1100 Framing Materials 8,600.00 GBA 10.37 /GBA 89,173 Includes Dow Blue Foam for slabs and basement walls,ewp for all floor and roof systems,ewp for decks,studs,headers,ext sheathing,floor sheathing,stairs,thermax,engineered trusses, vycor window flashing,osi window caulking,hardie siding,hardie soffit, 1x4 treated furring strips, fascia,trex decking, and cedar handrail. Framing Materials 89,173 006-2000 Framing Labor 2100 Framing Labor 8,600.00 GBA 11.46 /GBA 98,511 Wood Framing&Trusses Labor. 2100 Framer Bond 1.00 LS 2,520.00 /LS 2,520 2300 Exterior Trim Labor 8,600.00 GBA 2.38 /GBA 20,454 Includes Fasteners, Lap Siding, Board&Batten, Soffit,Fascia,and Man LifIScaffolding. 2300 Exterior Trim Sub Bond 1.00 LS 666.00 /LS 666 2300 Wood Infill @ Trash Endcap-Labor 320.00 SF 5.00 /SF 1,600 Framing Labor 123,751 006-4000 Finish Carpentry Labor 4100 Install HM Doors,Jambs&Hardware @ CP 31.00 EA 220.00 /EA 6,820 Finish Carpentry Labor 6,820 006-6000 General Labor 6100 General Labor 351.00 HR 40.00 /HR 14,040 General Labor 14,040 WOODS 233,784 007-0000 THERMAL&MOISTURE PROT 007-1000 Damp/Waterproofing 1400 15 Mil Vapor Barrier 1,681.00 SF 0.75 /SF 1,261 r R.A N E L S O N Standard Estimate Report 1 1/14/2014 6:10 PM Burlingame Buildings 5-7 Total Item Description Takeoff Qty Unit Cost Amount 007-1000 Damp/Waterproofing 1500 Damproof 40 Mil Cement Over Cone 1.00 INC Assumed Performed With Foundation Work. 1500 P6 Damproof 40 Mil Cement Over Cone 1.00 LS 3,910.00 (LS 3,910 -5,171 Damp/Waterproofing 007-3000 Roofing 3400 Roofing,Flashings,and Metal Siding 8,600.00 GBA 9.26 /GBA 79,592 22 GA Standing Seam Berridge. 1.00 LS 796.00 /LS 796 3400 Roofer Bond 3400 Change Existing Roofer Additional Cost 1.00 LS 13,677.00 /LS 13,677 Use Different Roofer Than Buildings 1-4. -- 94,065 Roofing 007-6000 Flashing&Sheetmetal 6100 Flashing&Sheetmetal Trim 8,600.00 GBA 0.25 /GBA 2,150 Flashing&Sheetmetal 2,150 007-7000 Roof Accessories 7100 Gutters&Downspouts 0.00 NIC None shown on plans but specifications are included for this item. Douglass Colony says none required or currently being done on project. 7100 Snow Fence 0.00 NIC None shown on plans but specifications are included for this item. Douglass Colony says none required or currently being done on project. 007-9000 Joint Sealers 9100 Caulking&Sealants 8,600.00 GBA 0.05 /GBA ____ __430 430 Joint Sealers -- --- -- - - - 101,816 THERMAL&MOISTURE PROT 008-0000 DOORS AND WINDOWS 008-2000 Doors 2100 STG-Carport Storage Door-HW Set 5 31.00 EA 540.68 /EA 16,761 Includes Hardware -- - - 16,761 Doors 008-3000 Specialty Doors 3200 Garage Doors&Operators OH1 1.00 EA 1,780.00 !EA 1,780 Includes 2 Year Warranty. -- - -— Specialty Doors 1,,7878 0 18,54 DOORS AND WINDOWS 009-0000 FINISHES - 009-2000 Drywall&Gypsum Finishes 2100 Structual Framing Over Trash Enclosure 310.00 S 10.41 /SF 3,227 L 2100 Metal Framing&Drywall @ Trash Enclosure 1.00 LS 4,863.00 !LS 4,863 2100 Fire Safing Over Trash Enclosure 1.00 LS 657.00 !LS 657 2300 2 Year Bond&Bond On Drywall Sub 1.00 LS 50.00 /LS 50 Drywall&Gypsum Finishes 8,797 009-9000 Painting 8,600.00 GBA 0.47 /GBA 4,000 9100 Painting 9100 Painting 2 Year Warranty&Bond 1.00 LS 100.00 /LS 100 4,100 Painting FINISHES 12,897 RAN E L S O N Standard Estimate Report a Burlin me Buildings 5-7 _- Burlingame 9 _ - - - - 111412014 6:10 PM Total Item Description Takeoff Qty Unit Cost Amount 010-0000 SPECIALTIES 010-1000 Miscellaneous Specialties 1500 Postal Specialties 1.00 EA 3,000.00 /EA 3,000 1700 Transit Bench 10.3 10.00 LF 100.00 /LF 1,000 1800 Signs 1.00 LS 800.00 /LS 800 _._ - - -- Miscellaneous Specialties 4,800 SPECIALTIES - ---_- 4,800 011-0000 EQUIPMENT 011-6000 Tools&Equipment 6500 Small Tools 9.00 MO 50.00 /MO _ 450 Tools&Equipment 450 EQUIPMENT --__-- —_—_ 450 016-0000 ELECTRICAL 016-1000 Electrical Rough&Trim 1100 Electrical Rough&Trim 8,600.00 GBA 3.05 /GBA 26,187 1100 Electrical Sub 2 Year Warranty&Bond 8,600.00 GBA 0.09 /GBA 749 1100 Solar PV System 0.00 NIC -- Electrical Rough&Trim 26,936 - — -- ELECTRICAL 26,936 Carport ---------- ------------- — ---- 471,307 �h RAN E L S O N Standard Estimate Report Burlingame Buildings 5-7 111412014 6:10 PM Total Item Description Takeoff Qty Unit Cost Amount Sitework 002-0000 SITE WORK 002-2000 Site Preparation 2100 Excavator Mobilize I Demobilize 1.00 LS 56,000.00 1LS 56,000 Includes Bond. 2100 Excavator 2 Year Warranty&Bond 1.00 LS 12,000.00 /LS 12,000 2200 Construction Surveying 1.00 SF 2.00 /SSF F 9,000 20,000.00 / 20,000 2300 Temporary Access Driveway&Gravel 4,500.00 S L 2300 Trafic Control 1.00 LS 1,200.00 /LS 1,200 2300 Full Time Gate Keeper 1,548.00 HR 40.00 /HR 61,920 2300 Power Washer 1.00 LS 5,500.00 /LS 5,500 2500 Topsoil Strip 2,258.00 CY 3.923 ICY 8,859 2500 Screen Topsoil 2,258.00 CY 5.321!CY 12,014 Assumed Top Soil Available From Stripping Site. 2500 Place Topsoil 2,359.00 CY 5.09 ICY 12,000 2500 Site Fine Grade 7,750.00 SY 0.77 /SY 5,926 2600 Ground Water Management 0.00 NIC Assume none required. 2600 Rock Blasting 0.00 NIC Assume none required. 2,33 2700 Constr Fence 0.00 LF 8.50 /LF 19,805 2900 Dust Control 1.00 LS 11,038.00 /LS 11,038 1,237.00 LF 3.50 /LF 4,330 2900 Silt Fence 2900 Stormwater Discharge Permit 1.00 LS 500.00 /LS 500 Site Preparation 240,092 002-3000 Building Earthwork 3100 Site Excavation 1.00 LS 82,623.00 /LS 82,623 3100 Site Backfill 8,000.00 CY 16.16 ICY 129,246 3100 Process tructural Backfill 8,000.00 CY 16.90 ICY 135,200 s 3100 Mine Site Material 7,685.00 CY 2.49 ICY 19,097 1.00 LS 39,927.00 /LS __ 39,927 3100 Slab Prep 406,093 Building Earthwork 002-4000 Site Earthwork 4400 Site Prep 1.00 LS 6,187.00 !LS 6,187 4400 Sidewalk Prep 1.00 LS 31,361.00 !LS 31,361 Site Earthwork 37,548 002-5000 Utility Extensions 5100 Water&Sewer Service 5.00 EA 5,233.600/EA 26,168 5700 Shallow Utilities 1.00 LS 4,192.00 /LS 4,192 Utility Extensions 30,360 002-6000 Drainage and Containment 1.00 LS 24,319.00 /LS 24,319 6100 Storm Drainage 1.00 LS 21,754.00 /LS 21,754 6100 Rain Garden&Weir Wall 1.00 LS 30,087.00 /LS 30,087 6100 Foundation Drain 3.00 EA 1 6800 Concrete Headwall/Wingwall ,700.00 /EA 5,100 Drainage and Containment 89,260 002-7000 Pavement/Curbs 1.35 /SY 1,886 7100 Asphalt Blue Top 1,397.00 SY 238.00 TN 166.36 (TN 39,593 7100 Asphalt 7100 Repair Allowance for Existing Infrastructure 1.00 LS 10,000.00 /LS 10,000 Hardscape 7100 Asphalt 2 Year Warranty&Bond 1.00 2,500.00 /E 2.500 E 7210 Handicap Parking Symbols 3.00 EA 250.00 / A 750 7220 Stop Signs,Directional Signs,Handicap Signs 6.00 EA 500.00 /EA 3,000 Allowance R.A.NRIE L S O N Standard Estimate Report Burlingame Buildin s 5-7 9 _ __ 111412014 6;10 PM Total Item Description Takeoff Qty Unit Cost Amount 002-7000 Pavement/Curbs 7240 Parking Striping 438.00 LF 2.50 /LF 1,095 Pavement/Curbs 58,824 002-8000 Site Improvements 8500 Boulder Walls&Boulder Wall Drainage 2,665.00 SF 20.67 /SF 55,083 Assumed All Boulders Found On Site. -Site Improvements 55,083 002-9000 Landscaping/Irrigation 9100 Landscaping 1.00 LS 221,053.00 /LS 221,053 Includes bioretention areas,rain garden weir and bike racks. 9100 2 Year Landscape Warranty 1.00 LS 5,000.00 /LS 5,000 9100 Revegetation of Staging Area 9,627.00 SF 0.45 /SF 4,332 9100 Topsoil Testing 1.00 LS 500.00 /LS 500 ` 9100 Topsoil Amendment Allowance 89.00 CY 82.00 ICY 7,298 9200 3"Irrigation Mainline Allowance 1.00 LF 11.00 /LF 11 Includes control wiring. 9200 Valve Relocation Allowance 0.00 NIC 9200 Remove Existing Laterals&Sprinkler Equipment 0.00 NIC Allowance -- Landscaping/Irrigation --238,194 SITE WORK 1,147,454 003-0000 CONCRETE 003-3000 Exterior Concrete Slabs 3100 Site Concrete 1.00 LS 73,254.00 /LS 73,254 3100 Site Concrete Stairs Between Buildings 1.00 LS 48,371.00 /LS 48,371 -- -- - Exterior Concrete Slabs 121,625 CONCRETE 121,625 005-0000 METALS 005-5000 Specialty Fabrications 5200 Site Rails 282.00 LF 14190 /LF 40,579 Specialty Fabrications 40,579 METALS _ _ - 40,579 013-0000 SPECIAL CONSTRUCTION 013-2000 Specialty Items 2200 Subcontractor Buyout Allowance 1.00 LS 100,000.00 /LS 100,000 Specialty Items 100,000 SPECIAL CONSTRUCTION 100,000 016-0000 ELECTRICAL 016-7000 Site Lighting 7100 Site Lighting Electric 1.00 LS 78,950.00 /LS 78,950 7100 Supply&Install Transformer 1.00 EA 6,000.00 /EA 6,000 7100 S2 Bollard Precast Concrete Base 1.00 LS 3,375.00 /LS 3.375 Site Lighting 88,325 ELECTRICAL 88,325 R.A.N LS O N Standard Estimate Report Burlingame Buildings 5-7 9/94/2014 6:10 PM Total Item Description Takeoff Qty Unit Cost Amount Sitework --— _— - _ — — -- ----1,497,983 f^' RAN E L S O N Standard Estimate Report Burlingame Buildings 5-7 --- -_ g _ 111412014 6:1O PM Total Item Description Takeoff Qty Unit Cost Amount Add Alt 2 002-0000 SITE WORK 002-9000 Landscaping/Irrigation 9100 2 Year Landscape Maintenance-Alternate 1.00 LS 11,715.00 ILS 11,715 $11,715 Plus Markup. -- - Landscaping/Irrigation 11,715 - - -- - SITE WORK - -- 11,715 Add Alt 2 — — ---- ----- --- --- 91,715 f R.A.N E L S Q N Standard Estimate Report „. Burlingame Buildings 5-7 1114120146:10 PM Total Item Description Takeoff Qty Unit Cost Amount General Liabili 017-0000 INDIRECT COSTS 017-1000 Indirect Cost 94 000 1060 Off Site General Liability$1 M Umbrella Coverage '--- 94,000 Indirect Cost — —- — --- INDIRECT COSTS General Liabili 94,000 5AR.AN. E L S O N Standard Estimate Report Page 9 ,�. , . - _- Burlingame Buildings 5-7 111412014 6:09 PM Total Description Item Amount Takeoff Qty Unit Cost 002-0000 SITE WORK 002-1000 Demolition&Hazmat 1300 Radon Mitigation-Passive System 2,710.00 SF 1.81 /SF 4,893 Includes Armaflex Insulation. 1300 Radon Mitigation-Passive System 6,831.00 SF 1.80 /SF 12,296 Includes Armaflex Insulation. 1300 Radon Mitigation-Passive System 6,831.00 SF 1.80 /SF 12,296 Includes Armaflex Insulation. 1300 15-mil Stego Wrap 2,710.00 SF 0.90 /SF 2,439 1300 15-mil Stego Wrap 6,831.00 SF 0.90 /SF 6,113 1300 15-mil Stego Wrap 6,831.00 SF 0.90 /SF 6,113 Demolition&Hazmat -- -------- 44,150 002-2000 Site Preparation 2100 Excavator Mobilize I Demobilize 1.00 LS 56,000.00 /LS 56,000 Includes Bond. 2100 Excavator 2 Year Warranty&Bond 1.00 LS 12,000.00 /LS 12,000 2200 Construction Surveying 1.00 LS 20,000.00 /LS 20,000 2300 Temporary Access Driveway&Gravel 4,500.00 SF 2.00 /SF 9,000 2300 Trafic Control 1.00 LS 1,200.00 /LS 1,200 2300 Full Time Gate Keeper 1,548.00 HR 40.00 /HR 61,920 2300 Power Washer 1.00 LS 5,500.00 /LS 5,500 2500 Topsoil Strip 2,258.00 CY 3.923 ICY 8,859 2500 Screen Topsoil 2,258.00 CY 5.321 ICY 12,014 Assumed Top Soil Available From Stripping Site. 2500 Place Topsoil 2,359.00 CY 5.09 /CY 12,000 2500 Site Fine Grade 7,750.00 SY 0.77 /SY 5,926 2600 Ground Water Management 0.00 NIC Assume none required. 2600 Rock Blasting 0.00 NIC Assume none required. 2700 Constr Fence 2,330.00 LF 8.50 /LF 19,805 2900 Dust Control 1.00 LS 11,038.00 /LS 11,038 2900 Silt Fence 1,237.00 LF 3.50 /LF 4,330 2900 Stormwater Discharge Permit 1.00 LS 500.00 /LS 500 Site Preparation 240,092 002-3000 Building Earthwork 3100 Site Excavation 1.00 LS 82,623.00 /LS 82,623 3100 Site Backfill 8,000.00 CY 16.16 ICY 129,246 3100 Process Structural Backfill 8,000.00 CY 16.90 ICY 135,200 3100 Mine On Site Material 7,685.00 CY 2.49 /CY 19,097 3100 Slab Prep 1.00 LS 39,927.00 /LS 39,927 Building Earthwork - - 406,093 002-4000 Site Earthwork 4400 Site Prep 1.00 LS 6,187.00 /LS 6,187 4400 Sidewalk Prep 1.00 LS 31,361.00 /LS 31,361 Site Earthwork - ------ -- 37,548 002-5000 Utility Extensions 5100 Water&Sewer Service 5.00 EA 5,233.600/EA 26,168 5700 Shallow Utilities 1.00 LS 4,192.00 /LS 4,192 Utility Extensions - 30,360 002-6000 Drainage and Containment 6100 Storm Drainage 1.00 LS 24,319.00 /LS 24,319 6100 Rain Garden&Weir Wall 1.00 LS 21,754.00 /LS 21,754 6100 Foundation Drain 1.00 LS 30,087.00 /LS 30,087 6800 Concrete Headwall/Wngwall 3.00 EA 1,700.00 /EA 5,100 RAN E Standard Estimate Report Page 2 Burlingame Buildings 5 4 111412014 6:09 PM Total Item Description Takeoff Qty Unit Cost Amount 81,260 Drainage and Containment 002-7000 Pavement/Curbs 1.35 /SY 1,886 7100 Asphalt Blue Top 1,397.00 SY 238.00 TN 166.36 /TN 39,593 7100 Asphalt 7100 Repair Allowance for Existing Infrastructure 1.00 LS 10,000.00 /LS 10,000 Hardscape 2,500 7100 Asphalt 2 Year Warranty&Bond 1.00 LS 2,500.00 /LS 00 /EA 750 00 EA 250. 7210 Handicap Parking Symbols 3. 3,000 7220 Stop Signs,Directional Signs,Handicap Signs 6.00 EA 500.00 /EA Allowance 2.50 /LF 1,095 7240 Parking Striping 438.00 LF __-8 - 58,824 Pavement I Curbs 002-8000 Site Improvements 8500 Boulder Walls&Boulder Walt Drainage 2,665.00 SF 20.67 /SF 55,083 Assumed All Boulders Found On Site. 55,083 Site Improvements 002-9000 Landscaping/Irrigation 1.00 LS 221,053.00 (LS 221,053 9100 Landscaping Includes bioretention areas,rain garden weir and bike racks. 9100 2 Year Landscape Maintenance-Alternate 1.00 LS $11,715 Plus Markup. 9100 2 Year Landscape Warranty 1.00 SF 0.45 /SF 4,332 5,000.00 /LS 5,000 9100 Revegetation of Staging Area 9,627.00 LS 1.00 LS 500.00 /LS 500 9100 Topsoil Testing 82.00 /CY 7,298 9100 Topsoil Amendment Allowance 81.00.00 LF 11.00 /LF 11 9200 3"Irrigation Mainline Allowance 1 Includes control wiring. 9200 Valve Relocation Allowance 0.00 NIC 9200 Remove Existing Laterals&Sprinkler Equipment 0.00 NIC Allowance - - 238,194 Landscaping/Irrigation SITE WORK - --- -- - ---- --- --- --- 1,191,604 003-0000 CONCRETE 003-1000 Foundation Ftgs&Walls 1100 Concrete Package 5,571.00 GBA 13.394/GBA 74,620 1100 Concrete Package 17,000.00 GBA 10.98 /GBA 186,647 17,000.00 GBA 10.69 /GBA 181,699 1100 Concrete Package 1.00 LS 1100 Carport 6 Concrete Package C Y 642.86 ICY 4,500 36,659.00 /LS 36,659 1100 Concrete Pier Footings 7.00 1200 Rectangular Concrete Piers 8.00 CY 562.50 ICY 4,500 1200 2 Year Warranty&Bond Concrete Sub Bonding 1.00 LS 1,301.00 /LS 1,301 1200 2 Year Warranty&Bond Concrete Sub Bonding 1.00 LS 3,732.00 /LS 3,732 1200 2 Year Warranty&Bond Concrete Sub Bonding 1.00 LS 3,732.00 /LS 3,732 1200 2 Year Warranty&Bond Concrete Sub Bonding 1.00 LS 558.00 /LS - 4 558 Foundation Ftgs&Walls 497,948 003-2000 Interior Concrete Slabs 1,460.00 SF 7.73 (SF _____1.1,280 2100 4' Interior Concrete Slabs 11,280 Interior Concrete Slabs 003-3000 Exterior Concrete Slabs 1.00 LS 73,254.00 /LS 73,254 3100 Site Concrete 48,371 3100 Site Concrete Stairs Between Buildings 1.00 LS 48,371.00 /LS - ___ __ -_ 121,625 Exterior Concrete Slabs 003-5000 Concrete Floor Topping R A N E L S O N Standard Estimate Report Page 3 Burlingame Buildings 5-7 - - 1!94/2014 6:09 PM Total Item Description Takeoff Qty Unit Cost Amount 003-5000 Concrete Floor Topping 5100 Gyperete Topping Slab&Acoustimat 2,774.00 SF 4.664/SF 12,937 1/4"Acoustimat H. 5100 Gyperete Topping Slab&Acoustimat 9,780.00 SF 4.944/SF 48,349 1/4"Acoustimat ll. 5100 Gyperete Topping Slab&Acoustimat 9,780.00 SF 4.944/SF 48,349 1/4"Acoustimat ll. Concrete Floor Topping -- - - - pp g -- -- 109,635 CONCRETE ----_--- -------- -------------------- 740,488 005-0000 METALS 005-1000 Structural Steel 1100 1 1/2"24 Gage Metal Deck @ Trash&Gate 1.00 LS 12,436.00 /LS 12,436 1400 Deck/Stairs Mesh Panels,Building Stairs,Post 17,000.00 GBA 3.05 /GBA 51,797 Bases Also includes Screen Wall. 1400 Deck/Stairs Mesh Panels,Building Stairs,Post 17,000.00 GBA 3.103/GBA 52,751 Bases Also includes Screen Wall. 1400 Misc Metal Fabrications 5,571.00 GBA 0.25 /GBA 1,393 1400 Misc Metal Fabrications 17,000.00 GBA 0.25 /GBA 4,250 1400 Misc Metal Fabrications 17,000.00 GBA 0.25 /GBA 4,250 1400 Misc Metal Fabrications 8,600.00 GBA 0.25 /GBA 2,150 1400 Wire Mesh Screen Wall 1.00 LS 360.00 /LS 360 1400 Metal Sub 2 Year Warranty&Bond 1.00 LS 1,455.00 /LS 1,455 1400 Metal Sub 2 Year Warranty&Bond 1.00 LS 3,000.00 /LS 3,000 1400 Metal Sub 2 Year Warranty&Bond 1.00 LS 3,000.00 /LS 3,000 Structural Steel -- - -------- 136,842 005-5000 Specialty Fabrications 5200 Site Rails 282.00 LF 143.90 /LF 40,579 5300 Prefab Window Well W/Grate Cover 4.00 EA 2,820.00 /EA 11,280 St.Paul Corrugating Company. Includes Ladder. 5300 Prefab Window Well W/Grate Cover 3.00 EA 2,820.00 /EA 8,460 St Paul Corrugating Company.Includes Ladder. 5300 Prefab Window Well W/Grate Cover 3.00 EA 2,820.00 /EA 8,460 St.Paul Corrugating Company.Includes Ladder. Specialty Fabrications ---- ----- 68,779 METALS 205,621 006-0000 WOODS 006-1000 Framing Materials 1100 Framing Materials 5,571.00 GBA 18.66 /GBA 103,937 Includes Dow Blue Foam for slabs and basement walls,ewp for all floor and roof systems,ewp for decks,studs,headers,ext sheathing, floor sheathing,stairs,thermax,engineered trusses, vycor window flashing,osi window caulking,hardie siding,hardie soffit, 1x4 treated furring strips,fascia, trex decking,and cedar handrail. 1100 Framing Materials 17,000.00 GBA 18.22 /GBA 309,745 Includes Dow Blue Foam for slabs and basement walls, ewp for all floor and roof systems,ewp for decks,studs,headers,ext sheathing,floor sheathing,stairs,thermax,engineered trusses, vycor window flashing,osi window caulking,hardie siding,hardie soffit, 1x4 treated furring strips,fascia,trex decking,and cedar handrail. 1100 Framing Materials 17,000.00 GBA 18.22 /GBA 309,745 Includes Dow Blue Foam for slabs and basement walls,ewp for all floor and roof systems,ewp for decks,studs,headers,ext sheathing,floor sheathing,stairs,thermax,engineered trusses, vycor window flashing,osi window caulking,hardie siding,hardie soffit, 1x4 treated furring strips,fascia, trex decking,and cedar handrail. 1100 Framing Materials 8,600.00 GBA 10.37 /GBA 89,173 Includes Dow Blue Foam for slabs and basement walls, ewp for all floor and roof systems,ewp for decks,studs,headers,ext �, �, E N 5 Standard Estimate Report Page 4 :11 k Burlingame Buildings 5-7 1/1412014 6:09 PM R. Total _- Item Description Takeoff Qty unit cost Amount 006-1000 Framing Materials sheathing,floor sheathing,stairs,thermax,engineered trusses, vycor window flashing,osi window caulking,hardie siding,hardie soffit, 1x4 treated furring strips,fascia,trex decking,and cedar handrail - -- 16.87 812,600 Framing Materials 48,175.00 006-2000 Framing Labor 5,571.00 GBA 13.67 /GBA 76,125 2100 Framing Labor Wood Framing&Trusses Labor. 13.61 /GBA 231,374 2100 Framing Labor 17,000.00 GBA Wood Framing&Trusses Labor. 13.61 /GBA 231,374 2100 Framing Labor 17,000.00 GBA Wood Framing&Trusses Labor. 11.46 /GBA 98,511 2100 Framing Labor 8,600.00 GBA Wood Framing&Trusses Labor. 2,520 2100 Framer Bond 1.00 LS 2,520.00 /LS 1.00 LS 7,700.00 /LS 7,700 2100 Framer Bond 7,700.00 /LS 7,700 2100 Framer Bond 1.00 LS 1.00 LS 2,520.00 /LS 2,520 2100 Framer Bond 16.12 /SF 6,624 2100 Window/Door Install 411.00 SF Wood Framing&Trusses Labor. 1,296.00 SF 16.12 /SF 20,888 2100 Window/Door Install Wood Framing&Trusses Labor. 1,296.00 SF 16.12 /SF 20,888 2100 Window/Door Install Wood Framing&Trusses Labor. 2 1.00 LS 10,000.00 /LS 10,000 100 Overtime Framing Labor 1.00 LS 25,000.00 /LS 25,000 25 2100 Overtime Framing Labor - 2100 Overtime Framing Labor 1.00 LS 25,000.00 /LS ,000 2100 Framing Labor-AS[106&RFI 85/85R 1.00 LS 9,000.00 /LS 9,000 2100 Framing Labor-ASI 106&RFI 85/85R 1.00 LS 19,000.00 /LS 19,000 2100 Framing Labor-ASI 106&RFI 85/85R 1.00 LS 19,000.00 /LS 19,000 2100 Framing Labor&Material Mock-Up Allowance 1.00 LS 5,000.00 /LS 5,000 2300 Exterior Trim Labor 5,571.00 GBA 9.59 /GBA 53,405 Includes Fasteners,Lap Siding,Board&Batten, Soffit,Fascia,and Man Lif(Scaffolding. 2300 Exterior Trim Labor 17,000.00 GBA 7.864/GBA 133,682 Includes Fasteners, Lap Siding, Board&Batten,Soffit, Fascia,and Man Lift/Scaffolding. 7.864 1GBA 133,682 2300 Exterior Trim Labor 17,000.00 GBA Includes Fasteners,Lap Siding,Board&Batten,Soffit,Fascia,and Man Lift/Scaffolding. 2 38 /GBA 20,454 2300 Exterior Trim Labor 8,600.00 GBA Includes Fasteners,Lap Siding,Board&Batten, Soffit,Fascia,and Man Lift/Scaffolding. 1 782 00 ILS 1,782 2300 Exterior Trim Sub Bond 1.00 LS 2300 Exterior Trim Sub Bond 1.00 LS 4,730.00 /LS 4,730 1.00 LS 4,730.00 /LS 4,730 2300 Exterior Trim Sub Bond 666.00 /LS 666 2300 Exterior Trim Sub Bond 1.00 LS 2300 Blocking Labor 5,571.00 GBA 0.50 /GBA 2,786 2300 Blocking Labor 17,000.00 GBA 0.50 /GBA 8,500 2300 Blocking Labor 17,000.00 GBA 0.50 /GBA 8,500 2300 Wood Railings(6.9)Labor 99.00 LF 30.00 /LF 2,970 2300 Wood Railings(6.9)tabor 99.00 LF 30.00 ILF 2,970 7.00 /SF 10,500 2300 Composite Wood Decking Labor 1,500.00 SF 500.00 SF 7.00 /SF 10,500 2300 Composite Wood Decking Labor 1,250.00 LF 5.00 /LF 1,250 2300 Wood Cap @ Deck Mesh Railing 250.00 LF 5.00 /LF 1,250 2300 Wood Cap @ Deck Mesh Railing 250.00 LF 10.00 /LF 2,500 2300 Deck Mesh Panels Labor 250.00 LF 10.00 /LF 2,500 2300 Deck Mesh Panels Labor 2300 Stair Mesh Panels Labor 118.00 LF 10.00 /LF 1,180 2300 Stair Mesh Panels Labor 118.00 LF 10.00 ILF 1,180 54.00 EA 25.00 /EA 1,350 2300 Stair Perforated Metal Treads&Risers Labor 25.00 /EA 1,350 2300 Stair Perforated Metal Treads&Risers Labor 54.00 EA 2300 Grab Rails Both Sides of Exterior Stairs Labor 118.00 LF 5.00 /LF 590 5.00 /LF 590 2300 Grab Rails Both Sides of Exterior Stairs Labor 118.00 LF 2300 Wood Infill @Trash Endcap-Labor 320.00 SF 5.00 /SF 1,600 r 1 RAN E L 5 O N Standard Estimate Report Page 5 Burlingame Buildings 5-7 - 111412014 6:09 PM Total Amount Item Description - Takeoff Qty Unit Cost Framing Labor -- 25.603 1,233,420 48,175.00 006-3000 Finish Carpentry Material 3100 Baseboard Painted(B-1)-Material 1,613.00 LF 1.75 /LF 2.823 3 1/4"13116"MDF(Stark Casing) 3100 Baseboard Painted(B-1)-Material 4,495.00 LF 1.75 /LF 7,866 3 114"13116"MDF(Stark Casing) 3100 Baseboard Painted(B-1)-Material 4,495.00 LF 1.75 /LF 7,866 3 114"13116"MDF(Stark Casing) 3100 interior Hand Rail-1 1/2"Wood Material 102.00 LF 6.00 /LF 612 Includes Stain less Steel Brackets. 3100 Interior Hand Rail-1 1/2"Wood Material 50.00 LF 6.00 /LF 300 Includes Stainless Steel Brackets. 3100 Interior Hand Rail-1 1/2"Wood Material 50.00 LF 6.00 /LF 300 Includes Stainless Steel Brackets, 3100 1x12 Wood Stringer 160.00 LF 8.00 /LF 1,280 3100 1x12 Wood Stringer 110.00 LF 8.00 /LF 880 3100 1x12 Wood Stringer 110.00 LF 8.00 /LF 880 3100 Painted Wood Wall Cap @ Stair 67.00 LF 6.00 /LF 402 3100 Painted Wood Wall Cap @ Stair 36.00 LF 6.00 /LF 216 3100 Painted Wood Wall Cap @ Stair 36.00 LF 6.00 /LF 216 3100 Door Trim-Material 1,465.00 LF 1.75 /LF 2,564 3100 Door Trim-Material 4,713.00 LF 1.75 /LF 8,248 3100 Door Trim-Material 4,713.00 LF 1.75 /LF g 248 Finish Carpentry Material --------------- - 42,701 006-4000 Finish Carpentry Labor 4100 Finish Carpentry Labor 5,571.00 GBA 6.68 /GBA 37,215 Includes Install of P-Lam CT's,and all shelving. 4100 Finish Carpentry Labor 17,000.00 GBA 5.444/GBA 92,550 Includes Install of P-Lam CT's,and all shelving. 4100 Finish Carpentry Labor 17,000.00 GBA 5.444/GBA 92,550 Includes Install of P-Lam CT's,and all shelving. 4100 Install HM Doors,Jambs&Hardware @ CP 31.00 EA 220.00 /EA 6,820 4100 Finish Carpentry Sub 2 Year Warranty&Bond 1.00 LS 5,175.00 /LS 5,175 4100 Finish Carpentry Sub 2 Year Warranty&Bond 1.00 LS 7,500.00 /LS 7,500 4100 Finish Carpentry Sub 2 Year Warranty&Bond 1.00 LS 7,500.00 /LS 7,500 Finish Carpentry Labor -- -- - 249,310 006-6000 General Labor 6100 General Labor 363.00 HR 40.00 /HR 14,520 6100 General Labor 1,37100 HR 40.00 /HR 54,920 6100 General Labor 1,373.00 HR 40.00 /HR 54,920 6100 General Labor 351.00 HR 40.00 /HR 14,040 6200 Weather Conditions Allowance 1.00 LS 8,000.00 /LS 8,000 6200 Weather Conditions Allowance 1.00 LS 15,000.00 /LS 15,000 6200 Weather Conditions Allowance 1.00 LS 15,000.00 /LS 15,000 General Labor - -- - - 176,400 WOODS Z514,430 007-0000 THERMAL &MOISTURE PROT 007-1000 Damp/Waterproofing 1100 Foundation Damp/Waterproofing 2,761.00 SF 3.50 /SF 9,664 Includes Drainage/Protective Layer. 1100 Foundation Damp/Waterproofing 8,153.20 SF 2.762/SF 22,520 Includes Drainage/Protective Layer 1100 Foundation Damp/Waterproofing 8,153.20 SF 2.762/SF 22,520 Includes Drainage/Protective Layer. 1100 Bithuthene Membrane Over WP 675.00 SF 2,78 /SF 1,875 Standard Estimate Repo Page s R A N E L S O Burlingame Buildings 5-7 1114/2014 6:09 PM Total --_ - Item Description Takeoff Qty Unit Cost Amount 007-1000 Damp 1 Waterproofing 40 Mil Bituthene Membrane 30"High and Over Vertical Foundation Waterproofing. 2 58 /SF 4,635 1100 Bithuthene Membrane Over WP 1,800.00 SF 40 Mil Bituthene Membrane 30"High and Over Vertical Foundation Waterproofing. 2 58 /SF 4,635 1100 Bithuthene Membrane Over WP 1,800.00 SF 40 Mil Bituthene Membrane 30"High and Over Vertical Foundation Waterproofing. 0,75 /SF 1,261 1400 15 Mil Vapor Barrier 1,681.00 SF 1500 Damproof 40 Mil Cement Over Cone 1.00 INC Assumed Performed With Foundation Work. 1.00 LS 3,910.00 /LS 3,910 1500 P6 Damproof 40 Mil Cement Over Cone 71,020 Damp/Waterproofing 007-2000 Thermal Prot/Insulation 5,471.00 SF 0.50 /SF 2,736 2100 Under Slab Insulation-Labor Material included in framing materials. 0.50 /SF 7,492 2100 Under Slab Insulation-Labor 14,984.00 SF Material included in framing materials. 0.50 /SF 7,492 2100 Under Slab Insulation-Labor 14,984.00 SF Material included in framing materials. 2200 Building Insulation 5,571.00 GBA 2.334/GBA 13,000 2200 Building Insulation 17,000.00 GBA 2.06 /GBA 35,000 2200 Building Insulation 17,000.00 GBA 2.06 /GBA 35,000 100,720 Thermal Prot/Insulation 007-3000 Roofing 75,510 3400 Roofing,Flashings,and Metal Siding 5,571.00 GBA 13.554/GBA 22 GA Standing Seam Berridge. 17,000.00 GBA 10.294/GBA 175,000 3400 Roofing,Flashings,and Metal Siding 22 GA Standing Seam Berridge. 10.294/GBA 175,000 3400 Roofing,Flashings,and Metal Siding 17,000.00 GBA 22 GA Standing Seam Berridge. 3400 Roofing,Flashings,and Metal Siding 8,600.00 GBA 9.26 /GBA 79,592 22 GA Standing Seam Berridge. 755.00 /LS 755 3400 Roofer Bond 1.00 LS 1.00 LS 1,750.00 /LS 1,750 3400 Roofer Bond 1,750.00 /LS 1,750 3400 Roofer Bond 1.00 LS 1.00 LS 796.00 /LS 786 3400 Roofer Bond 8,858 3400 Change Existing Roofer Additional Cost 1.00 LS 8,858.00 /LS Use Different Roofer Than Buildings 1-4. 1.00 LS 27,033.00 /LS 27,033 3400 Change Existing Roofer Additional Cost Use Different Roofer Than Buildings 1-4. 3400 Change Existing Roofer Additional Cost 1.00 LS 27,033.00 /LS 27,033 Use Different Roofer Than Buildings 1-4. 3400 Change Existing Roofer Additional Cost 1.00 LS 13,677.00 /LS 13,677 Use Different Roofer Than Buildings 1-4. --- - -__ - 586,764 Roofing 007-6000 Flashing&Sheetmetal 5,571.00 GBA 0.65 /GBA 3,621 6100 Flashing&Sheetmetal Trim 6100 Flashing&Sheetmetal Trim 17,000.00 GBA 0.65 /GBA 11,050 6100 Flashing&Sheetmetal Trim 17,600.00 GBA 0.65 /GBA 11,050 6100 Flashing&Sheetmetal Trim 8,600.00 GBA 0.25 IGBA 2,150 27,871 Flashing&Sheetmetal 007-7000 Roof Accessories 0.00 NIC 7100 Gutters&Downspouts None shown on plans but specifications are included for this item. Douglass Colony says none required or currently being done on project. 7100 Snow Fence 0.00 NIC None shown on plans but specifications are included for this item. Douglass Colony says none required or currently being done on project. 7100 Gutters&Downspouts 0.00 NIC None shown on plans but specifications are included for this item. Douglass Colony says none required or currently being done on project. 7100 Snow Fence 0.00 NIC f RAN E L S O N Standard Estimate Report Page 7 Burlingame Buildings 5-7 111412014 6:09 PM Total Amount Item Description Takeoff Qty Unit Cost 007-7000 Roof Accessories None shown on plans but specifications are included for this item. Douglass Colony says none required or currently being done on project. 7100 Gutters&Downspouts 0.00 NIC None shown on plans but specifications are included for this item. Douglass Colony says none required or currently being done on project. 7100 Snow Fence 0.00 NIC None shown on plans but specifications are included for this item. Douglass Colony says none required or currently being done on project. 7100 Gutters&Downspouts 0.00 NIC None shown on plans but specifications are included for this item. Douglass Colony says none required or currently being done on project. 7100 Snow Fence 0.00 NIC None shown on plans but specifications are included for this item. Douglass Colony says none required or currently being done on project. 007-9000 Joint Seaters 9100 Caulking&Sealants 5,571.00 GBA 0.75 /GBA 4,178 9100 Caulking&Sealants 17,000.00 GBA 0.75 /GBA 12,750 9100 Caulking&Sealants 17,000.00 GBA 0.75 /GBA 12,750 9100 Caulking&Sealants 8,600.00 GBA 0.05 /GBA 430 Joint Sealers - --- 30,108 THERMAL&MOISTURE PROT 816,473 008-0000 DOORS AND WINDOWS 008-2000 Doors 2100 Interior Doors&Hardware 39.00 EA 146.00 /EA 5,694 2100 Interior Doors&Hardware 110.00 EA 146.00 /EA 16,060 2100 Interior Doors&Hardware 110.00 EA 146.46 /EA 16,110 2100 "F"Flush Steel Exterior Storage Door-HW Set 5 3.00 EA 540.00 /EA 1,620 2100 "F"Flush Steel Exterior Storage Door-HW Set 5 3.00 EA 540.00 /EA 1,620 2100 STG-Carport Storage Door-HW Set 5 31.00 EA 540.68 /EA 16,761 Includes Hardware 2100 "F"Flush Steel Exterior Water Entry Door-HW 2.00 EA 540.00 /EA 1,080 Set 5 2100 "F"Flush Steel Exterior Water Entry Door-HW 2.00 EA 540.00 /EA 1,080 Set 5 2200 "G"Fiberglass Main Entry Doors-HW Set 1 2.00 EA 500.00 /EA 1,000 2200 "G"Fiberglass Main Entry Doors-HW Set 1 11.00 EA 500.00 /EA 5,500 2200 "G"Fiberglass Main Entry Doors-HW Set 1 11.00 EA 500.00 /EA 5,500 2200 Glazing For"G"Fiberglass Main Entry Doors 2.00 EA 525.00 /EA 1,050 2200 Glazing For"G"Fiberglass Main Entry Doors 11.00 EA 525.00 /EA 5,775 2200 Glazing For"G"Fiberglass Main Entry Doors 11.00 EA 525.00 /EA 5,775 2200 Box Knox 1.00 INC Included on Colorado Doorways Number. Doors 84,625 008-3000 Specialty Doors 3100 Attic Access Panels 4.00 EA 121.00 /EA 484 3100 Attic Access Panels 8.00 EA 121.00 /EA 968 3100 Attic Access Panels 8.00 EA 121.00 /EA 968 3200 Garage Doors&Operators OH1 1.00 EA 1,780.00 /EA 1,780 Includes 2 Year Warranty. 3400 2'x3'Door @ Storage Below Stairs 1.00 EA 135.00 /EA 135 3400 3'x2'-6"Cabinet Doors For Storage Access 2.00 EA 150.00 /EA 300 3400 3'x2'-6"Cabinet Doors For Storage Access 3.00 EA 150.00 /EA 450 3400 3'x2'-6"Cabinet Doors For Storage Access 3.00 EA 150.00 /EA 450 Specialty Doors 5,535 008-5000 Windows 5100 Windows 411.00 SF 38.002/SF 15,619 R.A.N E L S O N Standard Estimate Report Page 8 1114/2014 6:09 PM Burlingame Buildings 5-7 --- ---- -- T_o_tal-_ - - -.--- - Item Description Takeoff Qty Unit Cost Amount 008-5000 Windows Milgard. 41.08 /SF 53,233 5100 Windows 1,296.00 SF Milgard. 5100 Windows 1,296.00 SF 41.08 /SF 53,233 Milgard. 7,592 5100 FG Patio/Entry Doors-HW Set 1 4.00 EA 1,898.00 /EA Milgard. Vinyl. 1,898.00 /EA 28,470 5100 FG Patio/Entry Doors-HW Set 1 15.00 EA Milgard. Vinyl. 5100 FG Patio/Entry Doors-HW Set 1 15.00 EA 1,898.00 /EA 28,470 Milgard. Vinyl. 5100 FG Exterior Storage Doors-HW Set 6 2.00 EA 1,898.00 /EA 3,796 Milgard- 323 5100 Windows 1.00 LS 323.00 /LS 1.00 LS 645.00 /LS 645 5100 Windows 1.00 LS 645.00 /L5 __ 6_45_ 5100 Windows _- _- 192,026 Windows 008-8000 Glass&Glazing 2.00 EA 550.00 /EA 1,100 8100 Glass Shower Doors 4,400 8100 Glass Shower Doors 8.00 EA 550.00 /EA 8.00 SF 550.00 /EA 4,400 8100 Glass Shower Doors 107.00 SF 11.00 /SF 1,177 8300 Mirrors 453.00 SF 11.00 /SF 4,983 8300 Mirrors 11.00 /SF 4,983 8300 Mirrors 453.00 SF _- - - -- 21,043 Glass&Glazing DOORS AND WINDOWS 303,229 009-0000 FINISHES 009-2000 Drywall&Gypsum Finishes 2100 Drywall Hang,Tape&Finish 5,571.00 GBA 9.551 /GBA 53,211 17,000.00 GBA 8.443/GBA 143,533 2100 Drywall Hang,Tape&Finish 2100 Drywall Hang,Tape&Finish 17,000.00 GBA 8.443/GBA 143,533 2100 Structual Framing Over Trash Enclosure 310.00 SF 10.41 /SF 3,227 2100 Metal Framing&Drywall @Trash Enclosure 1.00 LS 4,863.00 ILS 4,863 657.00 /LS 657 2100 Fire Safing Over Trash Enclosure 1.00 LS 2.81 /LS 4,962 2300 Metal Framing-Soffits 1,766.00 SF 2300 Metal Framing-Soffits 3,292.00 SF 2.79 /SF 9,185 2300 Metal Framing-Soffits 3,292.00 SF 2.79 /SF 9,185 2300 2x3 Furred Wall @ Basement level Now Metal 1,320.00 SF 1.823/SF 2,4D6 2300 2x3 Furred Wall @ Basement level Now Metal 2,680.00 SF 1.83 /SF 4,904 2300 2x3 Furred Wall @ Basement level Now Metal 2,680.00 SF 352.00 /LS 4,904 352 2300 2 Year Bond&Bond On Drywall Sub 1.00 LS 2300 2 Year Bond&Bond On Drywall Sub 1.00 LS 1,200.00 ILS 1,200 2300 2 Year Bond&Bond On Drywall Sub 1.00 LS 1,200.00 /LS 1,200 2300 2 Year Bond&Bond On Drywall Sub 1.00 LS 50.00 ILS 50 2300 Dyrwall Patch/Reconfiguration Allowance 1.00 LS 2,500.00 /LS 2,500 2300 Dyrwall Patch/Reconfiguration Allowance 1.00 LS 3,750.00 ILS 3,750 2300 Dyrwall Patch/Reconfiguration Allowance 1.00 LS 3,750.00 ILS _ ---,---3,.750 Drywall&Gypsum Finishes 397,372 009-4000 Protection of Finishes 4 5,571.00 GBA 0.55 /GBA 3,064 100 Protection of Finishes 4100 Protection of Finishes 17,000.00 GBA 0.55 /GBA 9,350 9,350 4100 Protection of Finishes 17,000.00 GBA 0.55 /GBA ___. - 21,764 Protection of Finishes 009-6000 Flooring 4.19 /SF 18,179 6800 CPT-1,LV1,LV2 Flooring 4,341.00 SF 6800 CPT-1,LV1,LV2 Flooring 13,915.00 SF 3,963ISF 55,142 RAN E L S O N Standard Estimate Report P Page 9 -- - Burlingame Buildings 5-7 - 111412014 6:09 PM - - --- -- Item Description Amount Takeoff Qty Unit Cost Total 009-6000 Flooring 6800 CPT-1,LV1,LV2 Flooring 13,915.00 SF 3.963/SF 55,142 6800 Flooring Sub Bond 1.00 LS 609.00 /LS 609 6800 Flooring Sub Bond 1.00 LS 1,691.00 /LS 1,691 6800 Flooring Sub Bond 1.00 LS 1,691.00 /LS 1,691 6800 T-1,T2 Tile 847.00 SF 21.334/SF 18,070 6800 T-1,T2 Tile 2,899.00 SF 20.99 /SF 60,840 6800 T-1,T2 Tile 2,899.00 SF 20.99 /SF 60,840 Flooring 272,204 009-9000 Painting 9100 Painting 5,571.00 GBA 4.49 /GBA 25,014 9100 Painting 17,000.00 GBA 3.96 /GBA 67,300 9100 Painting 17,000.00 GBA 3.96 /GBA 67,300 9100 Painting 8,600.00 GBA 0.47 /GBA 4,000 9100 Painting 2 Year Warranty&Bond 1.00 LS 500.00 /LS 500 9100 Painting 2 Year Warranty&Bond 1.00 LS 1,200.00 /LS 1,200 9100 Painting 2 Year Warranty&Bond 1.00 LS 1,200.00 /LS 1,200 9100 Painting 2 Year Warranty&Bond 1.00 LS 100.00 /LS 100 Painting - -- 166,614 FINISHES ------------ ---- - - - 857,954 010-0000 SPECIALTIES 010-1000 Miscellaneous Specialties 1400 Fire Extinguishers 4.00 EA 75.00 /EA 300 1400 Fire Extinguishers 15.00 EA 75.00 /EA 1,125 1400 Fire Extinguishers 15.00 EA 75.00 /EA 1,125 1500 Postal Specialties 1.00 EA 3,000.00 /EA 3,000 1700 Transit Bench 10.3 10.00 LF 100.00 /LF 1,000 1800 Signs 1.00 LS 1,100.00 /LS 1,100 1800 Signs 1.00 LS 2,532.00 /LS 2,532 1800 Signs 1.00 LS 2,532.00 /LS 1800 Signs 2,532 1.00 LS 800.00 /LS 800 Miscellaneous Specialties -- - -- 13,514 010-8000 Toilet&Bath Accessories 8100 Residential Bath Accessories 5,571.00 EA 1.081/EA 6,025 8100 Residential Bath Accessories 17,000.00 EA 0.851/EA 14,462 8100 Residential Bath Accessories 17,000.00 EA 0.851/EA 14,462 Toilet&Bath Accessories -------------- 34,949 SPECIAL TIES - ---------------- - ----- 48,463 011-0000 EQUIPMENT 011-4000 Appliances 4100 Kitchen Residential Appliances 4.00 UNIT 1,968.00 /UNIT 7,872 4100 Kitchen Residential Appliances 15.00 UNIT 1,967.933/UNIT 29,519 4100 Kitchen Residential Appliances 15.00 UNIT 1,967.933/UNIT 29,519 4100 Washer&Dryer 4.00 UNIT 950.00 /UNIT 3,800 4100 Washer&Dryer 15.00 UNIT 950.00 /UNIT 14,250 4100 Washer&Dryer 15.00 UNIT 950.00 /UNIT 14,250 4100 Appliances 2 Year Warranty 4.00 UNIT 206.00 /UNIT 824 4100 Appliances 2 Year Warranty 15.00 UNIT 206.00 /UNIT 3,090 4100 Appliances 2 Year Warranty 15.00 UNIT 206.00 /UNIT 3,090 Appliances 106,214 011-6000 Tools&Equipment RAN E L S C� N Standard Estimate Report Page 10 Burlingame Buildings 5-7 1/1St/2014 6:09 PM Total Item Description Takeoff Qty Unit Cost Amount 011-6000 Tools&Equipment 1.00 INC 6100 Hoisting Included With Subcontractor. 6300 Scaffolding 1.00 INC Included With Subcontractor. 6500 Small Tools 9.00 MO 200.00 /MO 1,800 6500 Small Tools 9.00 MO 400.00 /MO 3,600 6500 Small Tools 9.00 MO 400.00 /MO 3,600 9.00 MO 50.00 WO 450 6500 Small Tools - 9,450 Tools&Equipment EQUIPMENT 115,664 012-0000 FURNISHINGS 012-3000 Manufactured Casework 6.00 LF 250.00 /LF 1,500 3200 CAB-1 Kitchen Pantry Cabinet 3200 CAB-1 Kitchen Pantry Cabinet 23.00 LF 250.00 /LF 5,750 23.00 LF 250.00 /LF 5,750 3200 CAB-1 Kitchen Pantry Cabinet 3200 Kitchen Upper Cabinets 64.00 LF 125.00 /LF 8,000 252.00 LF 125.00 /LF 31,500 3200 Kitchen Upper Cabinets 3200 Kitchen Upper Cabinets 252.00 LF 125.00 /LF 31,500 40.00 LF 150.00 /LF 6,000 3200 Kitchen Base Cabinets 3 156.00 LF 150.00 /LF 23,400 200 Kitchen Base Cabinets 3 156.00 LF 150.00 /LF 23,400 200 Kitchen Base Cabinets 3300 Vanities 26.00 LF 150.00 /LF 3,900 133.00 LF 150.00 /LF 19,950 3300 Vanities 150.00 /LF 19,950 3300 Vanities 133.00 LF 124.00 SF 25.00 /SF 3,100 3400 Kitchen P-Lam Countertops-Supply 483.00 SF 25.00 /SF 12,075 3400 Kitchen P-Lam Countertops-Supply 3400 Kitchen P-Lam Countertops-Supply 483.00 SF 25.00 /SF 12,075 64.00 SF 25.00 /SF 1,600 3400 Bath P-Lam Countertops-Supply 25.00 /SF 8,275 3400 Bath P-Lam Countertops-Supply 331.00 SF 3400 Bath P-Lam Countertops-Supply 331.00 SF 25.00 /SF 8,275 35.00 LF 45.00 /LF 1,575 3500 S5-18 Painted Wood Shelving-Supply 35.00 LF 45.00 /LF 1,575 3500 S5-18 Painted Wood Shelving-Supply 1,500 3500 R-1/S2-18 Painted Wood Shelving 18"-Supply 50.00 LF 30.00 /LF 50.00 LF 30.00 /LF 1,500 3500 R-1/S2-18 Painted Wood Shelving 18"-Supply 3500 R-1/S2-24 Painted Wood Shelving-Supply 25.00 LF 35.00 /LF 875 3500 R-1/S2-24 Painted Wood Shelving-Supply 25.00 LF 35.00 /LF 875 3500 R-1/S1-18 Closet Rod&Shelf-Supply 51.00 LF 18.00 /LF 918 181.00 LF 18.00 /LF 3,258 3500 R-1/S1-18 Closet Rod&Shelf-Supply 3500 R-1/S1-18 Closet Rod&Shelf-Supply 181.00 LF 18.00 /LF 3,258 3500 S4-18 Painted Wood Shelving-Supply 110.00 LF 36.00 /LF 3,960 3500 S4-18 Painted Wood Shelving-Supply 110.00 LF 36.00 /LF 3,960 3500 S5-12 Painted Wood Shelving-Supply 26.00 LF 30.00 /LF 780 3500 S5-12 Painted Wood Shelving-Supply 30.00 LF 30.00 /LF 900 3500 S5-12 Painted Wood Shelving-Supply 30.00 LF 30.00 /LF 900 3500 R-2/S2-18 Closet Rod&Shelf-Supply 34.00 LF 32.00 /LF 1,088 3500 R-2/S2-18 Closet Rod&Shelf-Supply 15.00 LF 32.00 /LF 480 15.00 LF 32.00 /LF 480 3500 R-2/S2-18 Closet Rod&Shelf-Supply 51.00 LF 27.00 /LF 1,377 3500 R-1/S2-18 Painted Wood Shelving-Supply 3500 R-1/S2-18 Painted Wood Shelving 18"-Supply 51.00 LF 27.00 /LF 1,377 3700 Special Cabinet Pulls&Hardware 4.00 UNIT 150.00 /UNIT 600 3700 Special Cabinet Pulls&Hardware 15.00 UNIT 150.00 /UNIT 2,250 3700 Special Cabinet Pulls&Hardware 15.00 UNIT 150.00 /UNIT 2,250 261,736 Manufactured Casework 012-4000 Furnishings&Accessories 4900 Window Coverings 0.00 NIC By Owner. I� RAN E L S O N Standard Estimate Report Page 11 Buildings Burlingame Bun s 5-7 - - --- g - _ -- - 111412014 6:09 PM Item Description Takeoff Qty Unit Cost Total Amount FURNISHINGS ------ ----------- ------------ - 261,736 013-0000 SPECIAL CONSTRUCTION 013-2000 Specialty Items 2100 RFI 109-213 Allowance 1.00 LS 6,000.00 /LS 6,000 2100 RFI 109-213 Allowance 1.00 LS 22,000.00 /LS 22,000 2100 RFI 109-213 Allowance 1.00 LS 22,000.00 /LS 22,000 2200 Subcontractor Buyout Allowance 1.00 LS 100,000.00 /LS 100,000 2800 Solar Thermal Pre-heat System 1.00 LS 42,000.00 /LS 42,000 2800 Solar Thermal Pre-heat System 1.00 LS 84,000.00 /LS 84,000 2800 Solar Thermal Pre-heat System 1.00 LS 84,000.00 /LS 84,000 Specialty Items - -- - --------- 360,000 SPECIAL CONSTRUCTION 360,000 015-0000 MECHANICAL 015-3000 Fire Protection 3100 Fire Protection 5,571.00 GBA 4.421/GBA 24,628 3100 Fire Protection 17,000.00 GBA 3.13 /GBA 53,189 3100 Fire Protection 17,000.00 GBA 3.13 /GBA 53,189 3100 Fire Protection 2 Year Warranty&Bond 1.00 LS 500.00 /LS 500 3100 Fire Protection 2 Year Warranty&Bond 1.00 LS 1,500.00 /LS 1,500 3100 Fire Protection 2 Year Warranty&Bond 1.00 LS 1,500.00 /LS 1,500 Fire Protection -- ----------- 134,506 015-4000 Plumbing 4100 Plumbing Rough&Trim 5,571.00 GBA 13.44 /GSA 74,850 4100 Plumbing Rough&Trim 17,000.00 GBA 14.121/GBA 240,050 4100 Plumbing Rough&Trim 17,000.00 GBA 14.121/GBA 240,050 4100 Plumbing Sub 2 Year Warranty&Bond 1.00 LS 3,702.00 /LS 3,702 4100 Plumbing Sub 2 Year Warranty&Bond 1.00 LS 8,983.00 /LS 8,983 4100 Plumbing Sub 2 Year Warranty&Bond 1.00 LS 8,983.00 /LS 8,983 4100 Water Meters 1.00 EA 1,500.00 /EA 1,500 4100 Water Meters 2.00 EA 1,500.00 /EA 3,000 4100 Water Meters 2.00 EA 1,500.00 /EA 3,000 Plumbing 584,118 015-5000 Heating Systems 5400 HVAC Systems 5,571.00 GBA 13.134/GBA 73,168 5400 HVAC Systems 17,000.00 GBA 12.13 /GBA 206,145 5400 HVAC Systems 17,000.00 GBA 12.13 /GBA 206,145 5400 HVAC Sub 2 Year Warranty&Bond 1.00 LS 2,899.00 /LS 2.899 5400 HVAC Sub 2 Year Warranty&Bond 1.00 LS 7,289.00 /LS 7,289 5400 HVAC Sub 2 Year Warranty&Bond 1.00 LS 7,289.00 /LS 7,289 5400 Mechanical Systems Balancing&Testing 1.00 LS 3,160.00 /LS 3,160 5400 Mechanical Systems Balancing&Testing 1.00 LS 9,640.00 /LS 9,640 5400 Mechanical Systems Balancing&Testing 1.00 LS 9,640.00 /LS 9,640 Heating Systems 525,375 MECHANICAL 1,243,999 016-0000 ELECTRICAL 0,16-1000 Electrical Rough&Trim 1100 Electrical Rough&Trim 5,571.00 GBA 12.502/GBA 69,647 E S Standard Estimate Report Page 12 Burlingame Buildings 5-7 111412014 6:09 PM Total - Item Description Takeoff Qty Unit Cost Amount 016-1000 Electrical Rough&Trim 1100 Electrical Rough&Trim 17,000.00 GBA 13.641 /GBA 231,896 17,000.00 GBA 13.641/GBA 231,896 1100 Electrical Rough&Trim 1 8,600.00 GBA 3.05 /GBA 26,187 100 Electrical Rough&Trim 1100 Electrical Sub 2 Year Warranty&Bond 5,571.00 GBA 0.48 /GBA 2,647 1100 Electrical Sub 2 Year Warranty&Bond 17,000.00 GBA 0.293/GBA 4,977 1100 Electrical Sub 2 Year Warranty&Bond 17,000.00 GBA 0.293/GBA 4,977 1100 Electrical Sub 2 Year Warranty&Bond 8,600.00 GBA 0.09 /GBA 749 1100 Solar PV System 0.00 NIC 1100 Alltec Fire Alarm 1.00 LS 24,463.00 /LS 24,463 1100 Alltec Fire Alarm 1.00 LS 59,031.00 /LS 59,031 1100 Alltec Fire Alarm 1.00 LS 58,868.00 /LS 58,868 1100 Alltec Fire Alarm 2 Year Warranty&Bond 1.00 LS 1,500.00 /LS 1,500 1100 Alltec Fire Alarm 2 Year Warranty&Bond 1.00 LS 3,000.00 /LS 3,000 1100 Alltec Fire Alarm 2 Year Warranty&Bond 1.00 LS 3,000.00 /LS 3,000 722,838 Electrical Rough&Trim 016-3000 Electrical Fixtures 3100 Solar Thermal PV System Electrical Work 1.00 LS 3,795.00 /LS 3,795 3,795 Electrical Fixtures 016-7000 Site Lighting 78,950 E 7100 Site Lighting Electric 1.00 78,950.00 / 7100 Supply&Install Transformer 1.00 EA 6,000.00 /E A 6,000 7100 S2 Bollard Precast Concrete Base 1.00 LS 3,375.00 /LS _ __3,375 88,325 Site Lighting ELECTRICAL 814,958 017-0000 INDIRECT COSTS 017 4000 Indirect Cost 0.00 NIC 1050 Soil Testing&Inspections By Owner per Conference Call. 94,000 1060 Off Site General Liability$1M Umbrella Coverage - __ 94,000 0 Indirect Cost 94,000 INDIRECT COSTS R.A.N E L S O N Standard Estimate Report Page 13 Burlingame Buildings 5-7 1/14/2014 6:09 PM Estimate Totals Description Amount Totals Cost per Unit Percent of Total Total 9,568,619 241.9801 Burlingame Allowance List Included in GMP 1) Repair Existing Infrastructure Hardscape $10,000.00 2) Site Signage Allowance $3,000.00 3) 3 Irrigation Mainline with Control Wire/LF $11.00 4) Drywall Patch/Reconfiguration Allowance $10,000.00 5) RFI 109-213 Allowance $50,000.00 6) Weather Conditions Allowance $38,000.00 7) Subcontractor Buyout Allowance $100,000.00 8) Off Site General Liability$1.0 M Umbrella Coverage Allowance $94,000.00