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resolution.council.017-15
THE CITY OF ASPEN RESOLUTION 17 (Series of 2015) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING CONTRACT AMENDMENT 01 BETWEEN THE CITY OF ASPEN AND RIDER LEVETT BUCKNALL, AUTHORIZING THE CITY MAYOR TO EXECUTE SAID CONTRACT AMENDMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract Amendment 01 be the City of Aspen and RIDER LEVETT BUCKNALL, a true and accurate copy of which is attached hereto as "Exhibit I"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the changes to the Contract between the City of Aspen and RIDER LEVETT BUCKNALL, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Mayor to execute said agreement on behalf of the City of Aspen. INTRODUCED, MAD AND ADOPTED by tIWCitv Co cil of the ity of Aspen on the '��oy day of -�aAuafi , 2015 Steven Skadron, Ma I, Linda Manning, 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 & aA aJam. ,2015. 'q Linda Manning, Ci Clerk Page 3 of 3 (Exhibit A EXHIBIT A-GALENA PLAZA TEAM RESPONSIBILITY MATRIX RLB Contract Amendment NO.01-Calendar Year 2015 i c c1 t m U m muQ c (� uo CONSULTANTSXfANTRACF,...u.�:..". .. 'ri ° i a..�.0",:W�._.,..� :' : Compile consultant RFPs Lead P P Advertise consultant contracts P P Lead Review and recommend consultant contracts P P Lead Compile docs for council approval consultant contracts C P Lead Manage consultant contracts/performance Lead P P Review and recommend invoices C C Lead Record/track invoices C C Lead Process invoices for payment - C Lead Manage insurance requirements Lead P P Compile consultants/construction contract addendum Lead P P P Master softcopy of key documents-ASI,RFI,Submittal,PayApps etc P C P C Lead, :._DESIGN `._ su c.n � io Issue&Coordinate Drawings P ~i'Lead Py Construction Document management P Lead P Manage ASI register and ASI issuance P Lead P .BURbIPIGFERMIT' _ Fili} a '�'`m w„ Iililll' _ �4'§. 4`m-N .J,!J� "2 ,_�i Plat N/A N/A N/A N/A N/A PUD P Lead Development Agreement P Lead P Building Permit compilation/submittal P Lead P P Building Permit update/response P Lead P - Change Management with Building Dept P P Lead CONSTRUCTION M'11=U^,n�, a�' .� 1"'R-Tl","'� Q, Architects observation/conformance to plans C C Lead C Weekly site observation Lead C P C Submittal register tracking P Lead C Submittal review and approval P Lead C RFI register tracking P Lead C RFI response P Lead C OAC meeting minutes/management P C P P Lead Manage allowances and contingencies Lead C P P Manage contract/contract compliance Lead P P P Schedule oversight and review Lead P P P P Produce punch list P Lead P P - Monitor closure of punchlist P Lead P P QA/QC management-envelope P P P Lead QA/QC management-insurer regts P P P Lead Interface with building dept/engineering dept P - Lead P Commissioning Agent management Lead P P FF&E oversight C - Lead External agency liaison(gas,elec,san,water,HX) P P Lead P Community construction interface P P Lead P Review CORs&issue CO recommendation Lead P P Produce COs for signoff P P P Lead Signoff COs C P Lead P F-PAY,-AP,PLICATION54. .;� -,K.;1�,�-� :t - m - ,�.- a.Agw&.. Review pencil PayApp a Lead P P Recommend PayApp Lead P P Signoff PayApp P P Lead P Process PayApp for payment C `C Lead Compile monthly update 5 P Lead C Produce schedule review reports P Lead P P Monthly Owner/Developer meeting P Lead P Weekly Owner/PM meeting P P Lead Budget compilation Lead P Cashflow tracking C C Lead Council update and approvals P P Lead COA X-drive document controlP Lead Admin-hardcopy/invoices,payapps,COs Lead P Lead=lead person,prime responsibility P=participant,active review C=copied on information,CC'd,interested Exhibit B EXHIBIT B RLB Fee Worksheet City of Aspen,Galena Plaza- Owner's Agent/Project Manager-Contract Amendment No.1 Revised Nov 11,2014 - - ESTIMATED HOURS PER MONTH 2015, lan-15 Feb-15 I Mar-15 I Avr-15 I May-15 I Jun-15 I Jul-15 I Aug-15 I Sep-15 I Oct-15 I Nov-15 I Dec-15 lan-16 Total I Fees Galena Pla�a 2015 Construction Admin Pro ect admin;documentation,.des n'.review:wnniuction� T-� - "•'" ?` -— ` -- 1 ` _ z .r.,.,....,. - . ..: s .. t Roth .." 20 admimstration,,change:order renew;site:bBlsbas;Planni ,, =°� fi$ Pr'ectstartu?Wns,, ction:Wntractgexecutive oversi ht&V --Ta for n 60 ``.�"�60 0 roF ?$69,'200 Siibtotalfiars/level Amort ""_'",:3. _. �r.-z ,v,. .` . _` -_... ,, ,,. ,,.J�1.: _,80"..�', .. 80� ,-,.,.BOA .. 80- 0_;�.= . 960., ;$350;400 r80._ ,.,.'�-,.Sol 8 P `x80., rti "';8D. - .. .. i'�- .w F 13.280'=$' 280 280 13, :513: '$1Z T20 720 5:;22160-;5.1260 .1 � . � .. n .4... l ' $•12'1660 $s 12j160»16 $`32;160, �$i12 360 $121603 Me EXPENSES, ,ruV.M .tr. _', .. _ ._;"_. .vl' .. .�.'.-€A a ; .ili ��`, �„ o1K :',s`r�-�.� � Q 0- �+�.rs '�?``t :" ._�- �'�,'� ''. � :'" ',* .. ¢.`�€s%^"..x'-: .. �;,>��:�w"` =3',;". Reimburseableexpenses„tobe`invoiced;at`cost;- ?,m -.' .� 2800 SZSW ,.,'$ZL800 ti$2;B `: SZ;8W1pV$4SW ;; 2`800.^ 52;800 1;' $2800 0:s'��$Z,800 2`800 ;„�28W.F L79.fiu'rt[r t"r�r.i;:�i,: *�'I;$, a"W'+ :;i. :. r ". ..<:W-1,'> ys: ,'� `.. .c': t" s -;b:'ti a4. �-� '.�.s ° .- '"� .�� .'.`.."x "°' =`5,.-, `-,v ai•.`."..,. < ,� .,' �._- .<, ,-. _ .z TOTAF'83'-�-, _„ - f $ 36,080` `516,080 -$;16.080 $'15".520 $"_151520 5_14;960 534.960<'$'14;960 '$N14;%0°-$14;960 :$14',960`;$14;960: S 'S184.�0 AIA -J. TM Document C132 - 2009 � 3 l ' ItA&andard Form of Agreement Between Owner and Construction Manager as � { " Adviser '� I AGREEMENT made as of the 12th day of January in the year 2015 ' ADDITIONS AND DELETIONS: The author of this document has �TI BETWEEN the Owner vjeF added information needed for its �r completion.The author may also 'gal 1'r k, t� i ar 1 b ^ have revised the text of the original City of Aspen rid¢ X 130 South'Gal61a St eet"= r AIA standard form.An Additions and tt# c A Deletions Report that notes added Aspen rColorado 81611 zjAyh ' r� � 1 information as well as revisions to t xthe standard form text is available ons ' and the Ctruction-,, anager•• gAI from the author and should be S" P a reviewed.A vertical line in the left = r a Rider I eVett BuClcttall � margin of this document indicates 1675,LrlmerrStreet;Sutte`470 / where the author has added `t enver CO 80202i, � ` necessary information and where ` -u, Vl,s Ph ne (=720)904 1`4fi80 Al" the author has added to or deleted I � Fax�(720)904`1481„� r from the original AIA text.. Contact Ror, Rob�Tay`lor usri ,conwh,` This document has important legal l irconsequences.Consultation with an fort followtnggProJect attorney is encouraged with respect 1 to its completion or modification. ” P'T TA G Lena Pl /Rio Gr"i6 G e Improvements l o. ,ra a$ 1> This document is intended to be � t 'Ct}��J Pro ed Number�2012 U 18 used in conjunction with AIA "''"s�.{E`.'t �'�f TM_ t Aspen,Colorado 816111 Documents A132 2009,Standard iil I 5air � � Orli 11Form of Agreement Between Owner t L t r » 'e �s sit s; �y The'Engineer, w ? V k and Contractor,Construction Manager as Adviser Edition; S A Mtro;Inc x � A232TM-2009,General Conditions 'of" f �"r'61;0��Ma�i1��St€;�SutterXltl� of the Contract for Construction, �P O Box,2243 ��}+' Construction Manager as Adviser YPYy t K 9 i '11� '9�3Si;q.. '1Ta"�'3j�� gq, Edition;and 13132TM-2009,Standard r� Frikc ,CQ80443 Form of Agreement Between Owner Contact Davldlewts ,i 6 F " t5 ie rect Phone: 72040X008 � `- and Architect,Construction Manager Di7e_ Frisco Phone 970 668 0747 as Adviser Edition. 41 : . f ti ,tip« z ,YYCell Phone303 5;701374 AIA Document A232TM-2009 is F720.407 1618adopted in this document by few+ reference.Do not use with other jv Yah , � The Owner and Construction Manager agree as follows. general conditions unless this ' a document is modified. tr,� "2+xl pl�i�i� AIA Document C132TM—2009 formerly B801 TMCMa—1992).Copyright®1973,1980,1992 and 2009 by The American Institute of Architects.All rights In it. 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) TABLE OF ARTICLES ....,.it t 1x" INITIAL INFORMATION 1 2 `: CONSTRUCTION MANAGER'S RESPONSIBILITIES w ; i�� � �3 "tr' SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES 4 ; ADDITIONAL SERVICES 5"-' OWNER'S RESPONSIBILITIES r ? } 6 C11 OST OF THE�WORK 7,� 7 COPYRIGHTS ANDFLICENSES ""-CLAIMSAIVD`DISPUTES �xE�^ �`� � T�k i R i� ft t"b�Ei.� L{"� �"•4 e� ��I"z�s�i'�7 �' -. 9 "TER,�MINATION OR SUSPENSION�j�,u a �t, <$T " T E X10MISCELLANEOU&PROVISIONS 49 11 CQMPE�NSATION, t .�aHs`k� me hY 12SPECIALTERMSIAND CONDITIONS Y p yp ( -g/XV AREEMENT �Z � ;? ARTICLE �1 INITIALS INFORMATION x tg §�1 1 Thts Agreement is based on the Initial Information set forth in this Section 1.1. � MPaYagraph deleted) OW L ad. Y°6A t The Owner's program for the Project: s ✓Qrt, ,� y., r r ff(Paragraph deleted) " j� '� � 1 c a . �� �"a"�kHfi ,, �Preconstruction Services for thelproject"were completed under a previous Agreement between the Owner and `..-•r.,.. K"a';�'r4'�,. ,� tT C-onstruction Manager,,j"A1A Document A195/A2951-2008,dated June 10,2013. which is superseded by this 1I UN-1 em Agreement " hts--iAgreement includes Construction Phase Services for the City of Aspen upgrade of the Galena I Plaid dhd, Grande Parkg�struduretoo primarily replace failed waterproofing systems,with associated upgrades p to the utrhty, landscaping and construction for the Galena Plaza. p r�Fr`''Rif l - Ix Tlie`Project's physical characteristics: �(P,agraph,deleted),,' + SF No> Applicable �i[f� ? 1A`3 The"Owner s budgetfor the Cost of the Work,as defined in Section 6.1: f i I$ (Paragr`aplidelete`d)� � Not Applicable �M . § 1.1.4 The Owner's anticipated design and construction schedule: - 1P Design completed under the previous contract. �2 Commencement of construction: � ra �;ai ��t r= 1c truction of the Work will commence b approximately Aril 1 2015. Y PP Y P , 3 Substantial Completion (Paragraphs deleted) dates for construction work: November 25,2015 AIA Document C1 32"-2009 formerly B801 TMCMa-1992).Copyright m 1973,1980,1992 and 2009 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 2 of this AIAo Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible t under the law.This document was produced by AIA software at 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) � �� �� 'asubject to adjustments of this Contract Time as provided in the Contract Documents. _ _ § 1:°1 5 The Owner intends the following procurement method for the Project: (Paragraphs deleted) Y At the time of execution of this agreement,General Contractor selection and recommendation has been undertaken. Ftr al"value engineering and finalization of the General Contractors contract will be services required under this �E m agreement. 6 The 70wner's requirements for accelerated or fast-track scheduling,multiple bid packages, or phased construction,areset forth below: There will be only one construction phase including all work in one set of a u , i;sus ` tir�;i - i a:- hCoristruction Drawings with Allowances for unknown existing conditions which may be discovered. ty��l. 'l See, schedule and Substantial Completion dates above. i § 1.1 7 Otherd Project information: a � .. taad fi;< i(Paragrapti deleted) Not Applicable ,Rt� ''1�8 The-Owner identifies the following representative in accordance with Section 5.5: 3 130'SouthGalena " ' -Aspen Color clo" °I GoritactJack Whee er,Protect Manager �,- .c, Phone (970)429-47.90 r[fFax�(970)"544,537$T� ' h .' �•r lack whe le era city fa]§pen'om V 41'T 1.1.9The pe rsonsor�entlties, in addition to the Owner's representative,who are required to review the kConstruction Manager s,submittals tothe Owner are as follows: ox 1 Fk� ax Not Applicable, §,11 10 The, Owner'willetain the Engineer and the Commissioning Agent. The Engineer will retain the civil, structu'ral;meclianical electrical""pWmbing,irrigation,fire protection, and landscaping engineers. 'M_ 0%, }f '�3 '� 1a,Commissioning Agent:! I,r yk f A4 i11a fix* a ,' r 7 ' ,• I (Paragraphk,deleteOTBD ConstructI anager identifies the following representative in accordance with Section 2.4: dfi � Bur�� ot,if N,�,)t r,pr f,,�Rider Levett Bucknalla l; 1675 Larimer Str t,Suite 470 Denver,CO 80202 . p.Phone (-720),904-1480 €Fax:(�7i20)904 1481 Coiitact.RobTaylor TaylornA?rlb.corn § 1.1.12 The Construction Manager's staffing plan as required under Section 3.3.2 shall include: Rider Levett Bucknall 1675 Larimer Street,Suite 470 AIA Document C1321"—2009 formerly 8801 TOCMa—1992).Copyright(D 1973,1980,1992 and 2009 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIADocument is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 3 of this AIA't 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) Denver,CO 80202 Phone: (720)904-1480 a, ,,-, Fax i(720)904-1481 Contact:Craig Roth _.Crai9.Roth0)us.rlb.coin f § 11 13 The Construction (Pardgraphs deleted) Manager will not retain,any consultants under this Agreement: r The Construction Manager will not retain any consultants under this Agreement. 1' i §�11 15 OtherInitialilnformation on which the Agreement is based: k j i+4� - � � ,� �°r'���''•"- ifs��k f i��'`fA � "? ( s „ Construction Management Services will commence on January 1,2015 through December 31,2015, including the } ! s F `following Scope of Work 11`x, �'{kLiaise`fJandco ordinate work with the Pitkin County Library Project. i { Oversight of the selection process to secure a General Contractor and recommend for contract acceptance o to Gty Council °o', f g, A Budget compilation and oversight. r x r � A". Contractor,�sconstruction management plan. Ensure it is acceptable to the Owner,meets CoA t 7 °''f ��noisecnte ia;and that noise management is closely enforced. a ,1Oversighf f bu llding3permit.process,ensuring the building permit can be obtained in advance of the work. 1, L v Managing the consultant Contracts and Contract modifications and recommending the same to Council in a ! timely manner Actively participaftngin preconstruction work,so that the project can begin quickly. Other budget and;Contract review as required and presentations to Council as required. { r / tScope ofgW,,6 included on Exhibit A,RLB Construction Administration and Team Responsibility Matrix. § 1',2 The Owner and Constriction Manager may rely on the Initial Information. If such information should matenally�chi"angethe Owner and the Construction Manager shall equitably adjust the schedules,the Construction o-r �'� r� .. w r Manager s='seryi, -vices,and t}ie Construction Manager s compensation. � � ARTICLE72 CONSTRUCTION MANAGER'S RESPONSIBILITIES Con'n`strudhoW aager shall provide the services as set forth in this Agreement. f § 2 2 The�Construction Manager shall pe—rform its services consistent with the skill and care ordinarily provided by � ,"� iconstruction.managers,practicing;in;the"same or similar locality under the same or similar circumstances.The ' Construction Manager shall perform its services as expeditiously as is consistent with such skill and care and the orderly,progress of the Protect�y § 23:The Construction,-Manager shall provide its services in conjunction with the services of an Engineer as 7 7h des ibed m AIA D.ocumeniB101T"'-2007 Standard Form of Agreement Between Owner and Engineer,as 5 amended,The Construction Manager shall not be responsible for actions taken by the Engineer. g § 2:4 The Construction,=Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. 25 Except wrth the Owner's knowledge and consent,the Construction Manager shall not engage in any activity, wr�accept any employment,interest or contribution that would reasonably appear to compromise the Construction . '` Managerfs"'dgi lent with respect to this Project. °, Xt .. (,-.ate. § 2.6 The Construction Manager shall maintain the following minimum insurance for the duration of this Agreement. Failure on the part of the Construction Manager to procure or maintain policies providing the required coverages,conditions,and minimum limits shall constitute a material breach of the contract.The Construction AIA Document C132 TM—2009 formerly B801 TMCMa—1992).Copyright®1973,1980,1992 and 2009 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 4 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 t under the law.This document was produced by AIA software at 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) Manager shall not be relieved of any liability by reason of its failure to procure or maintain insurance,or by reason of its failure to procure or maintain insurance in sufficient amounts,duration or types. f `c(i) Workers' Compensation insurance to cover obligations imposed by applicable Colorado laws for :<any employee engaged in the performance of work under this contract,and Employers' Liability insurance w : _with minimum limits of FIVE HUNDRED THOUSAND DOLLARS($500,000.00)for each accident, ' FIVE HUNDRED THOU—SAND DOLLARS($500,000.00)disease-policy limit,and FIVE HUNDRED THOUSAND DOLLARS($500,000.00)disease each employee. The policy shall contain a waiver of subrogation in,favor of the Owner. ' ) Comme cial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS($1',000,000.00)each occurrence and ONE MILLION DOLLARS($1,000,000.00)aggregate. The policy/shall be applicable to all premises and operations. The policy shall include coverage for bodily r„ 3 � tnJury,;broadform property damage(including completed operations),personal injury(including coverage for contractual and employee acts), blanket contractual,independent contractors,products,and completed ,� ori` toperation`s� 'lfieprohcy shall contain a severability of interests provision and a waiver of subrogation in favor oJfA e Owner:, 'l r f g .. �r keg li.,�W1yt Comprehrensive Automobile Liability insurance with minimum combined single limits for bodily njury and damage of not less than ONE MILLION DOLLARS($1,000,000.00)each occurrence and ONE MILLI®N DOLLARS($1,000,000.00)aggregate with respect to each Construction Manager's dr ti11 0 T7J I .n A7 r 1' owned,hired and none owned vehicles assigned to or used in performance of the Scope of Work. The �� 9� ( policy�s`�hall comjntaa°severability of interests provision and a waiver of subrogation in favor of the Owner. X. } r, (iv) ' 'Professiona iability insurance with the minimum limits of ONE MILLION DOLLARS t � ' ($1,000,000)leach claim and ONE MILLION DOLLARS($1,000,000)aggregate. § ml 2 61'Every policy requiredP above shall be primary insurance,and any insurance carried by the Owner,,,or carried by of provided throughaany risurance pool of the Owner,shall be excess and not contributory insurance to that ly I k r1 `provided'by'Constracti6ifManager. No additional insured endorsement to the policy required above shall contain ' anyl,,exclusionfor bodily mfury or property damage arising from completed operations. The Construction Manager T ~shall be,solely responsible for any deductible losses under any policy required above. J.�° ^� a ,u lie kyr ' �.. r y F`��T . f I § 2:6 2 The;Construction Manager sha111aprovide to the Owner certificates of insurance evidencing compliance with v a ; the-r64ulydme�ts m>th>s�Section 2 6:�Tlie certificates will show the Owner as an additional insured on the � � I Com refer s."ve General Ltabilrt Automobile Liability,umbrella or excess policies.The certificate shall identify P Y ty, p fY thisicontract and�.the policy shalliprovide that the coverages afforded under the policies shall not be canceled, terminate d o materially cha geduntil a �least thirty(30)days prior written,notice has been given to the Owner. tea+ ( t ei'q, wrier-'reserve nght to'requestanijreceive a certified copy of any policy and any endorsement thereto. j ARTICLE 3k, SCOPE 0154 NSTRUCTION MANAGER'S BASIC SERVICES I /r § 31Defmitlon x , The Construcag tib- Maner s Basic Services consist of those described in Section 3.3 and include representing the All Owner s interests as it relates to project oversight and Owner's Representation,on-site observation,schedule review, & 1g,� r t t, 3? 4 � dt st review,and constructability review. tuAl L § 3.2 Preconstructlon Phase Omittedk{ ; i 44? VRAI _ '(it is o*Il l(Pdr4&phstdeleuted) R, § 3 3 Con*uctlon Phase Administration of the Construction Contract § 33�1?S415ject!to�Section 4.3,the Construction Manager's responsibility to provide Construction Phase Services commences on January 1,2015 and terminates on December 31,2015,subject to extension by Contract Amendment. AIA Document C132TM—2009formerly 8801 TMCMa—1992).Copyright©1973,1980,1992 and 2009 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIADocument is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 5 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 t under the law.This document was produced by AIA software at 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. - User Notes: (2051758402) § 3.3.2 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be to attendance at the Project site whenever the Work is being performed. i, a ,§43:3 3 The Construction Manager shall provide on-site administration and oversight to the Contract Documents ajricluding� the Contracts for Construction in cooperation with the Engineer as set forth below and in AIA Document ,_A2011 ,7-2007,General Conditions of the Contract for Construction,as amended 114 The Construction Manager shall provide administrative, management and related services to coordinate � E scheduled activities and responsibilities of the Contractor with those of the Construction Manager,the Owner and I , �. the Engineer , e � y § 33 5 The Construction Manager shall ensure that the Contractor updates and reissues the Project schedule as ;jrequired to,'showj current conditions. If an update to the Contractor's schedule indicates that the previously approved �x ',',Project schedule may not'.be met,the Construction Manager shall recommend corrective action, if any,to the Owner j 74h&Engmeer14,� i as Contractor shall'schedule and conduct meetings to discuss such matters as procedures,progress, P low" '1 d ` �coordmatfon and scheduling"of the Work.The Contractor shall prepare and promptly distribute minutes to the Owner,Engmeer an`d Contractor.The Construction Manager shall attend and contribute to such meetings. 1 3,337,Utlliitng,informatfo from the Contractors,the Construction Manager shall coordinate the resolution of any ' "conflicts between"the Contractors working on the site, including the sequence of construction and assignment of i,jispace in areas where the Contractors are performing Work,in accordance with the Contract Documents and the I �� r latest approved P j&t schedule. P ai�I��' 3.3 8'Omitted T:6, •l - ,, �§ 3 3 9 he' Manager shall endeavor to obtain satisfactory performance from each of the Contractors. _ mow t ' c e' k C �� The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not §a ,, i • !. � befrgfuIf11ed? roc'' a , n § 3310 The�Constiuchon Manager.shalll monitor and evaluate actual costs for activities in progress and estimates ed,1 k"'adv �f4t,-dncompl& ise;th6 Owner and Engineer as to variances between actual and budgeted or estimated a t ~' cosfs The Constructio`'n Manag&shall also report the Contractor's cost control information to the Owner against the I Contract GMP and approved Change�(Jrders. 3 i5 Omitted' The Constructton''Manager shall develop and implement procedures for the review and processing of Applications for Payment by,,C ritractor for progress and final payments. § 3:3 12 2�Not"more4frequen'tly than monthly,the Construction Manager shall review and recommend the amounts a due the respective Contractors as follows: 1s` rz Wheffthere is only one Contractor responsible for performing the Work,the Construction Manager T i:l arGl.kr r�"i`§��°• tau Erni -=�? ,. shall;,within seven days after the Construction Manager receives the Contractor's Application for Payment,review the Application,recommend the amount the Construction Manager determines is due the Contractor,and forward the Contractor's Application and Certificate for Payment to the 0 411 �The,Construction Manager's recommendation for payment shall constitute a representation to the Owner, ,,„; k abased onthe�Co struction Manager's evaluations of the Work and on the data comprising the Contractors' Applications for Payment,that,to the best of the Construction Manager's knowledge, information and belief,the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,to results of subsequent tests and inspections,to correction of AIA Document C1 321-—2009 forrnerly 6801 T"CMa—1992).Copyright©1973,1980,1992 and 2009 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 6 of this AIAq' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible f under the law.This document was produced by AIA software at 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the _Construction Manager.The issuance of a recommendation for payment shall further constitute a recommendation to ttie; § 3.3.18 The Construction Manager'shall assist the Initial Decision Maker in the review, evaluation and documentation of Claims,subject to Section 4.3.1.7. ,°§ 3:319 The Construction Manager shall provide oversight of the Contractor's and Engineer's compliance with the _ __subinttta('schedule. and report to the Owner on such compliance,to,enable the Contractor's timely completion of the .,,work. r, 20 The Construction Manager shall report to the Owner on a weekly basis observations of project progress and provide a report capturing project progress and any defects or observations that will require Contractor or Engineer r ,action. JI o- iia � � �17� a� 3 i I ;� i• k .. p �� �� x § 3:3 201 The Construction Manager shall additionally report the following executive-level information to the wner onta monthly;basts , Om • 1 O�verdll project_status,including work completed during the previous month; E k 2 Overvtew,,and status of construction schedule; Key construction activities planned for the upcoming month; Revi°ew,�of open submittals/RFIs requiring Owner's attention; PUpdated project.;cost compared to original budget; Actions requiring Owner decision; Review of any Owner contracts or contract-related actions which-need Owner attention; QVer-YIeW Of l'�ISk items; . /v—; ' '..' .;tet Y 1 #(Paragraphsdeleted) n^� Any other;Items the Owner may require: r 1120.1-- A :3202 ;. 0 Riedgraphs deleted) r'°t p�F% • mitte F % ig F § 3'321kOmltted' ek ', l� Y ) The Construction Managershall arrange for the delivery, storage,protection and security of Owner purchased rriaterlal's,systems and equipment that are a part of the Project until such items are incorporated to � � t into the Work 1 § 3 3 23 Wlth the Engineer and the Owner's maintenance personnel,the Construction Manager shall observe the ��I�a�la Y1,j`i' i��Ii • `i j iw. � Contractors final>testmg and start upof utilities,operational systems and equipment and observe any rte cornmisstoning as the Contract Docuinents may require. Nk* z, ani t ` u [,9�) �i4,a F�hr� M" tiv. z 4'�xiru,� t3`3 24 When the Construction Manager considers each Contractor's Work or a designated portion thereof is substantially complete;the'Construction.Manager shall,jointly with the Contractor,prepare for the Engineer a list of incomplete or unsatisfactory Hems and a schedule for their completion.The Construction Manager shall assist the 6 Engineer in conducting inspections to determine whether the Work or designated portion thereof is substantially p `complete a �, 3 .3.25 When the Work or designated portion thereof is substantially complete,the Engineer shall prepare, and the Owner,Contractor:and'Engineer shall execute, a Certificate of Substantial Completion.The Construction Manager shall review the Certificate and make any necessary recommendations to the Owner and Contractor.The Contractor shallicoord nateithe correction and completion of the Work. Following issuance of a Certificate of Substantial Completion,-ofthe Work or a designated portion thereof,the Engineer shall evaluate the completion of the Work of lk �the Contractor,with assistance from the Construction Manager,and make recommendations to the Engineer and �4 ,iOwner when Work is ready for final inspection.The Construction Manager shall assist the Engineer in conducting : }..,...t ry,fihal spTect>ons x § 3.3.26 The Construction Manager shall forward to the Owner,with a copy to the Engineer,the following information received from the Contractor: (1)certificates of insurance received from the Contractor;(2)consent of surety or sureties,if any,to reduction in or partial release of retainage or,the making of final payment;(3)affidavits, AIA Document C1 3211—2009 formerly 8801 TMCMa—1992).Copyright O 1973,1980,1992 and 2009 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 8 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 f under the law.This document was produced by AIA software at 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) receipts,releases and waivers of liens or bonds indemnifying the Owner against liens;and(4)any other documentation required of the Contractor under the Contract Documents, including warranties and similar submittals. 10 A-3.3.27 lie Contractor shall deliver all keys, manuals,record drawings and maintenance stocks directly to the .,-Owner,-with a copy of the Transmittal to the Engineer and Construction Manager.The Contractor shall forward to thetE neer a final Application for Payment and final Certificate for Payment upon the Contractor's compliance with-the requirements of the Contract Documents. § 3:3.28 Duties,responstliilities and limitations of authority of the Construction Manager as set forth in the Contract C;i,a 44Doeumentsshall not be restricted,modified or extended without written consent of the Owner,Construction i ( 9t Manager, E r ngineer,Co' " or.Consent shall not be unreasonably withheld. E § 313 29 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion, 4 the�Construction Manager shall,without additional compensation,conduct a meeting with the Owner to review the 5 i fact lity`opera i6n9,and performance: ARTICLE ,4i' ADDITIONALSERVICES vr r , :4 4A'0-mitted gq �' r Seances *` Responsibility Location of Service Description ,� (Construction Manager, (Section 4.2 below or in an rte �s arrr � ' r �' f Owner or exhibit attached to this document Not Provided) and identified below) "M ZIP r "Tit""k �, zgg ",f rIT * x�ptK § 4.3 Addttional Services may be provided after execution of this;Agreement,without invalidating this Agreement. k; �� t.� ,,. . ��54 t: Except for services=regwred duet to the fault of the Construction Manager,any Additional Services provided in 4 ,,accordanceTwiih this Section 4 3 shallyentitle the Construction Manager to compensation pursuant to Section 11.3. a 4 3.1upo:recogUt `g tth�eneed to perform the following Additional Services,the Construction Manager shall u�rioi . the Owner in writing%with reasonable promptness and explain the facts and circumstances giving rise to the t t need The Construc`tton Manager,shall not proceed to provide the following services until the Construction Manager receives the Owner!.S written authorization: t - 1� Omitted, c 2 £ Services necessitated by the enactment or revision of codes, laws or regulations or official IV �, '1' �� =� tnte>{pretation s after the date of this Agreement; 4 Preparation for,and attendance at,a public presentation,meeting or hearing; .5 Preparation for,and attendance at a dispute resolution proceeding or legal proceeding,except where �r xi �4 �°tthe Construction Manager is party thereto; 6; ."$Providing consultation concerning replacement of Work resulting from fire or other cause during , � raFii�u � ,, construction and fiirnishing services required in connection with the replacement of such Work; i��r .1�1�ij Y7� �1 ld �(aK § 4.3.2 To avoid delay in the Construction Phase,the Construction Manager shall provide the following Additional Services,notify the Owner in writing with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required,the Owner AIA Document C1 3211—2009 formerly B801 TMCMa—1992).Copyright O 1973,1980,1992 and 2009 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 9 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires.on 10/03/2015,and is not for resale. User Notes: (2051758402) shall give prompt written notice to the Construction Manager,and the Owner shall have no further obligation to compensate the Coristruction Manager for those services: .1 Services in evaluating an extensive number of Claims submitted by a Contractor or others in connection with the Work when the Engineer is serving as the Initial Decision Maker. To the extent the Construction Manager's Basic Services are affected, providing Construction Phase _.. Services after December 31,2015, other than the 1 year review in Section 3.3.29 .3Services required in an emergency to coordinate the activities of aContractor in the event of risk of personal injury or serious property damage,consistent with Section 3.3.13. I 4:3.3 If the`gervices±covered by this Agreement have,not been completed by the end of December of 2015 through ' no.fault of the Construction Manager, extension of the Construction Manager's services beyond that time shall be �E J", ,co'pen sated a�s'Addittonal';Services. TV j 7 ARTICLEIg OWNER'S RESPONSIBILITIES §`5A Omitted yi) 1j as ' '7rli�f �xarw r '. I I t § 5.ZOmitted § �§ 5'4fThe O:wnec shall retain an Engineer to provide services,duties and responsibilities as described in AIA Document B101 2007 tStanditfdi Form of Agreement Between Owner and Engineer,as amended .The Owner shall provide tfi6Consfruction Manager a copy of the executed agreement between the Owner and Engineer,and any fu'r'thermodifications to theapreement. The Owner.shall identify,,4 representative authorized to act on the Owner's behalf with respect to the Project. The Ownershall renderdecsons pertaining to documents the Construction Manager submits in a timely manner in I ' order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager's services. 11 i . § 5:6ii-hh Owngjs llifurnish surveys to describe physical characteristics,legal limitations and utility locations for Ithe-site of the Project,and a;written legal description of the site.The surveys and legal information shall include,as applicable;grades and lines"of streets„alleys;pavements and adjoining property and structures;designated wetlands; i f�;x4 , adjacent dfainage, ighfs�-of--way;restrictions,easements,encroachments,zoning,deed restrictions,boundaries and j ` f contours of the site;locations dimensions and necessary data with respect to existing buildings,other improvements ' 1�and trees,aiidlirnforinatibn concerning available utility services and lines,both public and private,above and below �.. igrade, ni cludngnerts anddepths All the information on the survey shall be referenced to a Project benchmark. h fi iv § 57 0mittedr , 3-n%,144r .¢�.r UJhe Owner shall coordinate the services of its own consultants with those services provided by the Construction„Manager Upoi;;i�.7the Construction Manager's request,the Owner shall furnish copies of the scope of 1 _ 3. ,�. � v ” ;,` }``t services in the:contracts between the Owner and the Owner's consultants.The Owner shall furnish the services of consultants other than those"designated in this Agreement,or authorize the Construction Manager to furnish them as Addrttonal Service,when the Construction Manager requests such services and demonstrates that they are reasonablygr qu>redrby the scope of the Project.The Owner shall require that its consultants maintain professional «a z FF liability insurance and.other liability insurance as appropriate to the services provided. 1 ''P § 5.9 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents, such as �x ax b e , structural mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. A J *§ 510 The Owner shall furnish all legal, insurance and accounting services, including auditing services,that may be i reasonablyneeessary at any time for the Project to meet the Owner's needs and interests. 4 :$'fin»:'C:. e. air..,V § 5.11 The Owner shall provide prompt written notice to the Construction Manager and Engineer if the Owner becomes aware of any fault or defect in Project,including errors,omissions or inconsistencies in the Engineer's Instruments of Service or any fault or defect in the Construction Manager's services. AIA Document C132T"—2009 formerly B801 TICMa—1992).Copyright O 1973,1980,1992 and 2009 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA 1 Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 10 of this AIAo' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible f under the law.This document was produced by AIA software at 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires.on 10/03/2015,and is not for resale. User Notes: (2051758402) § 5.12 The Owner reserves the right to perform construction and operations related to the Project with the Owner's own forces, and to award contracts in connection with the Project which are not part of the Construction Manager's responsibilities under this Agreement.The Construction Manager shall notify the Owner if any such independent �' a action-will interfere with the Construction Manager's ability to perform the Construction Manager's responsibilities '1F in& 'his Agreement. When performing construction or operations related to the Project,the Owner agrees to be 1 _.__wsubject.to the same obligations and to have the same rights as the Contractors. F G Except as otherwise provided in this Agreement,or when direct communications have been specially authorized,the Owner shall endeavor to communicate with the Contractor through the Construction Manager about matters"arising outof or relating to the Contract Documents.The Owner shall promptly notify the j` Construction Manager of any direct communications that may affect the Construction Manager's services. J § 514 The Owner shall coordinate the Construction Manager's duties and responsibilities set forth in the Contract : for Construction`'withithe,Construction Manager's services set forth in this Agreement.The Owner shall provide the Construction Manager a--copy''of the executed agreements between the Owner and Contractors,including the }� q General Conditions�oftha Coniracts for Construction. «f § 5,15 The,Owner shall provide the Construction Manager access to the Project site prior to commencement of the jd ! "Work and shall obligate the,Contractor to provide the Construction Manager access to the Work wherever it is in Pe preparation or progress ARTICLE 6 g 1COST ci ��f HE WORK (PaYagraphs`de'Mtd 'h e ARTICLE'7 -COPYRIGHT S AND LICENSES -The°on Csfructton 1Nlanager�gdd�lhe Construction Managers consultants, if any, shall not own or claim a copyright in l the`Instruments of Service The Construction Manager and the Owner warrant that in transmitting Instruments of ,a t; Service;or any other information,the transmitting party is the copyright owner of such information or has ' fyper riisionfrom the'copyright owner to transmit such information for its use on the Project. If the Owner and ConsJfdbt on ManagerAnte i to transmit Instruments of Service or any other information or documentation in digital J,for n,;they shall endeavor_4'o`establish necessary protocols governing such transmissions. ' rc.1 ii, litARTICLE 8, CLAIMS AND DISPUTEV5, § 8.1General� � V, X, ' §�81 1hThe Owner���and«Construction Manager shall commence all claims and causes of action,whether in contract, V7 tor ?u t;or otherwise against the other arising out of or related to this Agreement in accordance with the requirements i of the",meth'',of binding disputeR'resol ion selected in this Agreement within the period specified by applicable law. The Ownerand,Construction Manager waive all claims and causes of action not commenced in accordance with this iSection 8 I1 § 8.1.2 To the,extent�damages are,covered by property insurance,the Owner and Construction Manager waive all LY,_ rigtlts,agamst each other and against the contractors,consultants,agents and employees of the other for damages, x except suchlrights as they'may have to the proceeds of such insurance as set forth in AIA Document A201-2007, tti ' m Y l y'-C, - rt i\ General Conditions ofthe Contract for Construction.The Owner or the Construction Manager,as appropriate,shall > � r �14.require of the contractors,consultants,agents and employees of any of them similar waivers in favor of the other P� .. 44parties enumerated Herein. §•8:1 3,The,Construction Manager shall indemnify and hold the Owner and the Owner's officers and employees harmless�from anij against damages,losses and judgments arising from claims by third parties,including reasonable p attorneyswfeesand expenses recoverable under applicable law,but only to the extent they are caused by the � ,� � � negligent actso romissions of the Construction Manager,its employees and its consultants in the performance of nrl�i� 1 II �r professionallservices under this Agreement.The Construction Manager's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage. § 8.1.4 The Construction Manager and Owner waive consequential damages for claims,disputes or other matters in question arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all AIA Document C1 32 —2009 formerly B801 TMCMa—1992).Copyright®1973,1980,1992 and 2009 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 11 of this AIAo 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) .consequential damages due to either party's termination of this Agreement,except as specifically provided in Section 9.7. I § 8.2 Mediation I- y claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of alien "'' t arising"out of the Construction Manager's services,the Construction Manager may proceed in accordance with .applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by - binding dispute resolution. § 8.2.2 The Owner and Construction Manager shall endeavor to resolve claims,disputes and other matters in question between them by-mediation which, unless the parties mutually agree otherwise, shall be administered by a mutually acceptablemedtation group, using one mutually acceptable mediator,in accordance with its Construction Industry MediationProcedures in effect on the date of the Agreement.A request for mediation shall be made in I +j, �'tvritmg laelivered,tq the othec'party to the Agreement,and filed with the person or entity administering the t mediation sThe ru st may be(made concurrently with the filing of a complaint or other appropriate demand for !,2,!,ijl r �bipd n isputeAresoI' ioifbut,m such event,mediation shall proceed in advance of binding dispute resolution 1 proceeding§;whichrshall bei stayed pending mediation for a period of 60 days from the date of filing,unless stayed v w i,ka us for'$longer period.by,agr"eement of the parties or court order. If an arbitration proceeding is stayed pursuant to this rJN: t x e `sec`tion,Uie,parttes�may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later �proceedings Htti p", f, § 8.2 3Jhe parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place wok, }where the Project is`located;unless another location is mutually agreed upon.Agreements reached in mediation shall , nW I 4 be enforceable as settlement agreements in any court having jurisdiction thereof. � - 1 § 8 2 4,Ifthe pa ties'do snot resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be b x; � F ;s(Paragraphs deleted) , x = litigation iir District,Cou'rt;Pitkin County, State of Colorado. X8.3 Arbitration "' ) (Paragraphs deleted) ,�, i1§ 83 4 Consolidation Tor Joinder, + + = Omitted, ",dV QJ i „� � �,x (Paragraphs deleted) ARTICLE'T TERMINATION 011-SUSPENSION h§ *- If the Owner fails to make payments to the Construction Manager of undisputed amounts properly due in 41 accordance+with tlisAgreement the Construction Manager may provide written notice of such failure. If the itq, ' Owner fails to makelpayment,with°in fourteen(14)days of receipt of such notice, such failure shall be considered ' sub`stantial=nonperformance and cause for termination or,at the Construction Manager's option,cause for aha suspension of performance of services under this Agreement.If the Construction Manager elects to suspend i p x . f, r$ services,the Construction Manager shall give an additional seven days' written notice to the Owner before , gid Vii'' a su's'pending'semees�Mfi'.the event of a suspension of services,the Construction Manager shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services,the Construction Manager shall be paid all sums due prior to suspension and any expenses incurred in the interruption ��„„ ��and resumptionof the Construction Manager's services. The Construction Manager's fees for the remaining services andstheytime�schedules shall be equitably adjusted. � H �u5 §9;2 If theOwner suspends the Project,the Construction Manager shall be compensated for services performed prior to notice of such suspension. When the Project is resumed,the Construction Manager shall be compensated for expenses incurred in the interruption and resumption of the Construction Manager's services. The Construction Manager's fees for the remaining services and the time schedules shall be equitably adjusted. AIA Document C132TM—2009 formerly B801—CMa—1992).Copyright©1973,1980,1992 and 2009 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 12 of this AIAo Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible t under the law.This document was produced by AIA software at 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Construction Manager,the Construction Manager may terminate this Agreement by giving not less than seven days' written.notice. § 9:4;Elttier party may terminate this Agreement upon not less than seven days' written notice should the other party -.flail-substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating teimination.If a termination by the Owner is subsequently determined to be wrongful,such termination shall xautoriatically be converted into a termination for the Owner's convenience. r� I t} §-45 The Owner may�t&tninate this Agreement upon not less than seven days' written notice to the Construction ` Manager for the Owriers,convenience for any reason and without cause. ti r ? j � , '9. 7 r i h I § 9,6 In the'everit of term>nation not the fault of the Construction Manager,the Construction Manager shall be �aompensated foJr services performed prior to termination,together with Reimbursable Expenses then due. iuliplt �, gar A- XR k ; M§ 9 7 Omitted % % �r f 7` p 9fr711 Omitted' nit ,- � � I t §�9 7 2 Omitted 1F �,`2'� z ARTICLE 10' MISCELLANEOUS PROVISIONS 9 'a bA § 101 Thfs Agreement shall be'governed by the law of the place where the Project is located. `1 rqi J . I + �Y4 = S Fs'l� ' a** ,7! �� 3 i u�i§r10 2 Terms'-*m,this Agreement shall have the same meaning as those in AIA Document A201-2007,General r � , 1 Con`'dthons,of the G,ontrdd-for Construction, except for purposes of this Agreement,the term "Work"shall include �the work;of'all Contractors under the administration of the Construction Manager. r teiFi qi L u d t 2 � ' r iii 4n.� a ,. t f 1, I ki§a 10 3"Wh ,Owner and,Constfuction Manager,respectively, bind themselves,their successors and assigns and legal i represeritatives�`to flits Agreement.Neither the Owner nor the Construction Manager shall assign this Agreement , w it r t 1 lthoufthe written,consent of the other,except that the Owner may assign this Agreement to a lender providing rififii nciing6r the�P,r jest tf+the lender agrees to assume the Owner's rights and obligations under this Agreement. r�i` �` i § 10 4 If the Owner requests the Co ruction Manager to execute certificates,the proposed language of such aicertifidates shall'be'sub►nrtted to the-Construction Manager for review at least 7 days prior to the requested dates of �1�executi -1b4 it Jwner requests the Construction Manager to execute consents reasonably required to facilitate 44 assignment to a lender the Constru`ctfon Manager shall execute all such consents that are consistent with this Agreement;provded thegproposedeoonsent is submitted to the Construction Manager for review at least 7 days prior 4 r, , , `r ,�1a,to execution he`Construction*Manager shall not be required to execute certificates or consents that would require knowledge,services or responsibilities beyond the scope of this Agreement. i _ � � r § 10.5 Notli'ing contamed[tn this Agreement shall create a contractual relationship with or a cause of action in favor. of ,thtrd party aga nst either the Owner or Construction Manager. A �6 �10 6 Unless otherwise required in this Agreement,the Construction Manager shall have no responsibility for the R !; '��lr discovery,'40resence�handling,removal or disposal of, or exposure of persons to,hazardous materials or toxic ,F^ ",substances inany formiat the Project site. 2 § 10 7�The,Construction Manager shall have the right to include photographic or artistic representations of the ofthelProject among the Construction Manager's promotional and professional materials.The Construction 1Man�agshll begiven reasonable access to the completed Project to make such representations. However,the =s Construction Manager's materials shall not include the Owner's confidential or proprietary information. The Owner 1)'a� � 1 iii 'shall ro ide q r~ofessional credit for the Construction Manager in the Owner's promotional materials for the Project. § 10.8 If the Construction Manager or Owner receives information specifically designated by the other party as "confidential"or"business proprietary,"the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to(1)its employees,(2)those who need to know the content of such AIA Document C132TM—2009 formerly B801 T"CMa—1992).Copyright®1973,1980,1992 and 2009 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA' Document is protected by U.S:Copyright Law and International Treaties.Unauthorized reproduction or distribution 13 of this AW' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible f under the law.This document was produced by AIA software at 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) information in order to perform services or construction solely and exclusively for the Project,or(3)its consultants and-contractors whose contracts include similar restrictions on the use of confidential information. , µARTICLE'11 COMPENSATION 4. For the Construction Manager's Basic Services described under Article 3,the Owner shall compensate the Construction Manager as follows: JZ -(Paragraphs deleted) Omitted. 4 § 11.1.2 For Construction Phase Services in Section 3.3: �(Pd)agraph:.deleted) rrFoi Con truction Management services in 2015 for Galena Plaza Improvement Project and related ancillary work, r. ,Ahe;Con structi'on Manager s„tcompensation shall be$184,000 including an estimate of reimbursable expenses which shall bebilled at/cost See also,Exhibit B, RLB Fee Worksheet proposed invoicing. Tj I� a r' Omitted; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; Printing,reproductions,plots, standard form documents; l .5 Postage,handling and delivery; Expense of overtime work requiring higher than regular rates only for non-exempt employees, if authorized in advance by the Owner; 7 Professional photography,and presentation materials requested by the Owner; .8 Omitted. .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses;and .11P,,Other§i' ilar Project-related expenditures. i I § 1.1.6.2 For,Reimbursable.Expenses the compensation shall be the expenses incurred by the Construction Manager, 4 i subject to approval of the Owner. �k, # £°i LL�JPP "� Px dr'i t § 1.1 7 Payments tol4the,Construction Manager � ? §11.7 1An mrtial payment,'ofZero($0.00)shall be made upon execution of this Agreement and is the minimum ,payment under thtsrAgreernent;l It shall be credited to the Owner's account in the final invoice. 1tt'22 Unless otherwise agreed;payments for services shall be made monthly in proportion to services performed. Payments are duerand payable upon presentation of the Construction Manager's invoice. Amounts unpaid , ' Forty Flve(�45)days aftefthe Invoice date shall bear interest at the rate entered below,or in the absence thereof at ilf legal-rate prevai ing from,time to time at the principal place of business of the Construction Manager. ' C Eight percentt (8%) a i §'11 7 3 TheOwner shall not withhold amounts from the Construction Manager's compensation to impose a penalty rN� or liquidatedn �damages on the Construction Manager,or to offset sums requested by or paid to Contractors for the 4 cost<of charigesn'`the�Woi k unless the Construction Manager agrees or has been found liable for the amounts in a bmdingdisputeresolutionproceeding. Reimbursable Expenses,expenses pertaining to Additional Services, and services performed on the+basis of hourly rates shall be available-to the Owner at mutually convenient times. ,� ARTICLEli12, a,SPECIAL TERMS ANDCONDITIONS Special�terms and conditions this-r odify this Agreement are as follows: y I ���{ its §121,��Tax�Exemption. All purchases-of supplies,construction or building materials shall not include Federal �. r ,Excise Taxes or_Colorado State or local-;sales or use taxes. The Owner's State of Colorado tax identification (i � a rynfry., a ne pe 4" sw4 k8 Yr , , -.",;, s 98� 045571 he Owner's Federal Tax Identification Number is 84-6000563. tie Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing r �� �swi � ( +Y contained in_this agreementkshalPresult in,or be construed as establishing an employment relationship. Engineer shall be, and shall per form as,,�ah',1n dependent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the(3wner. No agent,employee,or servant of Engineer shall be, or shall be deemed to be,the x � x i�N� r���4 I'employee,,rent mr servant of the Owner. Owner is interested only in the results obtained under this contract. The ' hip iii i.� manner and means of conducting the work are under the sole control of Engineer. None of the benefits provided by "Owner to its employees-including,but not limited to,workers' compensation insurance and unemployment insurance,are available from Owner to the employees,agents or servants of Engineer. Engineer shall be solely and 1, I �� �, entirely responsible for its acts and for the acts of Engineer's agents,employees, servants and consultants during the �performance of this contract. Engineer shall indemnify Owner against all liability and loss in connection with,and shal ass ine.l.-,responsibility for payment of all federal,state and local taxes or contributions imposed or required under unemployment insurance,social security and income tax law,with respect to Engineer and/or Engineer's ry t t i i 16i u ^w � employees engaged in the per of the services agreed to herein. §12.3 Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested,to: AIA Document C132TM—2009 Qonnerly B801 TMCMa—1992).Copyright©1973,1980,1992 and 2009 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA" Document is protected by U.S.Copyright law and International Treaties.Unauthorized reproduction or distribution 15 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 f under the law.This document was produced by AIA software at 14:03:27 on 01/05/2015 under Order N6.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) Owner: Construction Manager: JAI 41 ,- ";City Manager Peter Knowles City of Aspen Rider Levett Bucknall 130 South Galena Street 1675 Larimer Street,Suite 470 k, ,,,. Aspen;Colorado 81611 Denver,CO 80202 i Phone: 720 904-1480 r,, �Y,; With a copy to: Fax: (720)04-1481 James R.True;Esq. CityAttorney 13,0 South Galena Street i ` Aspen,,Colorado 81611 t k ar , p 12.4 Non Dlscnminatioh �. No discrimination because of race color, creed, sex,marital status,affectional or p §exual orientation,family'responsibility,national origin,ancestry,handicap,or religion shall be made in the �Gemployment of persons to perform services under this contract. Engineer agrees to meet all of the requirements of f _ Owner's municipal code, Sectlon 13-98,pertaining to non-discrimination in employment. § 12 5 �Walver The watyer liy the Owner of any term, covenant, or condition hereof shall not operate as a waiver hof anytsubsequent�breach.of the same or any other term. No term, covenant,or condition of this Agreement can be tivatved,,ex�cept by tthe4ii txen consent of the Owner. Forbearance or indulgence by the Owner in any regard whats�oever,shall not bonstttute a#waiver of any term,covenant,or condition to be performed by Engineer to which ��'.'�� l t the'same may appl�,1and until complete performance by Engineer of said term,covenant or condition,the Owner shall lie entitled to"invoke an V"i?medy available to it under this Agreement or by law despite any such forbearance Or�lndUlgence �,�i _ I` § 12 6S` Execution of Agreement by Owner. This agreement shall be binding upon all parties hereto and their "r¢respectttve eir hs`executors,administrators,successors and assigns. Notwithstanding anything to the contrary contained herein,thisrAgreement shall not be binding upon the Owner unless duly executed in accordance with the requtreinents of thef wrier's municipal code,by the Mayor of the City of Aspen,or a duly authorized official in his ' absence,following approval'of City Council. VP J,,{§12!7 Illegal AI ens ACRS 8-1 5101 &n24.76.5.101 a1 a 'Purpose. During the 2006 Colorado legislative session,the Legislature passed House Bills C I" 0'6'--1'343�(subsequentIy ar 'ended by HB 07-1073)and 06-1023 that added new statutes relating to the employment of � ' and contracting wttl illegal aliens °These new laws prohibit all state agencies and political subdivisions,including "r, a f the,Owridn'from,knowmgly'hirmg anillegal alien to perform work under a contract or to knowingly contract with a I Consultant,whoknowtngly=hires wth,an illegal alien to perform work under the contract. The new laws also requir�tliat all~contracts for services include certain specific language as set forth in the statutes. The following .r - terms.and condrttons'have 6een,designed to comply with the requirements of this new law. .2 Definitions P The following terms are defined in the new law and by this reference are , rporated herein ana`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 z°t 104thiCongr"ess,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 r � u Administration,or its successor program. vgI r sDepartment program"means the employment verification program established pursuant to Section Q aiP}k�a� E i y175102(5)(c) C =$ x x .3 "Public Contract for Services"means this Agreement. .4 "Services"means the furnishing of labor,time,or effort by a Consultant or a subconsultant not involving the delivery of a specific end product other than reports that are merely incidental to the required AIA Document C132TM—2009 Iforrnerly B801?MCMa—1992).Copyright 01973,1980,1992 and 2009 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 16 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 f under the law.This document was produced by AIA software at 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) performance. f 3 By signing this document;Consultant certifies and represents that at this time: [ r`a Consultant 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 Consultant 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�' `": Consultant hereby confirms that: = I 5 I` Consultant shall not knowingly employ or contract with an illegal alien to perform work under the it Public Contract°for Services. � , r E I £�ryes 2,_ Consultant shall not enter into a contract with a subconsultant that fails to certify to the Consultant that sub consultant'''shall not knowing] em to or contract with an illegal alien to perform work under the < < „ oa g y ploy g f I x., Public Contract for Services. 3 `,r Consultanf has m confired the employment eligibility of all employees who are newly hired for l , F ernployment'to perform!work under the public contract for services through participation in either the P program or.the department program. IaYF , ;y r ? r[s A�t i IpI4�l . 4Consultant shallnot use the either the e-verify program or the department program procedures to f �undertak�e pre employment screening of job applicants while the Public Contract for Services is being re performe4d s jV' �Wfl x, yk�t ,�h z 5: If Consultanf'bbtains actual knowledge that a subconsultant performing work under the Public va, a Contractfor Services knowingly employs or contracts with an illegal alien,Consultant shall: '1 V"' 6 such subconsultant and the Owner within three days that Consultant has actual 1 �� knowledge that the subconsultant is employing or subcontracting with an illegal alien;and Terminateth'e subcontract with the subconsultant if within three days of receiving the , l notice required pu sdant to this section the subconsultant does not stop employing or contracting the'ijllegal alien;except that Consultant shall not terminate the Public Contract for Services the subconsultant if during such three days the subconsultant provides information to s establish that the subconsultant has not knowingly employed or contracted with an illegal alien. { '" x 3I46 ,�mz 6 Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment made to the course of an investigation that the Colorado Department of Labor and Employment ukndertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 �, (5),C R S.'` �l t„4�Srhl a„ sa,t s, 4 1 7 If Congultant violates any provision of the Public Contract for Services pertaining to the duties ' 4 imposed bySubsection 8-17.5-102,C.R.S.the Owner may terminate this Agreement. If this Agreement is € � { so id inated,i.Consultant shall be liable for actual damages to the Owner arising out of Consultant's violation fSubsection 8-17.5-102,C.R.S. at �r � r§�12 8 Itis agreed that neither this agreement nor any of its terms,.provisions,conditions,representations or A covenants can be>modified, changed,terminated or amended,waived,superseded or extended except by appropriate written instrument fully executed by the parties. t'i J�y15 a `II x" PI2 t , § 12.9 If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. AIA Document C132TM—2009 formerly 6801 TMCMa—1992).Copyright©1973,1980,1992 and 2009 by The American Institute of Architects.All rights [nit. reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution 17 of this AIAo' 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) i ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document C 132TM-2009,Standard Form Agreement Between Owner and Construction Manager as Adviser .2 AIA Document A201"m-2007,General Conditions of the Contract for Construction. (Paragraphs deleted) .3 Exhibit A-RL;B 2015 Construction Administration and Team Responsibility Matrix. .4 Exhibit -RLB Fee Worksheet proposed invoicing. (Paragral)h deleted) This Agreement is entered intoas of the day and year first written above. SITS(OF SPE RIDER LEVETT BUCKNALL,LTD. NER(Sign )-e) CONSTRUCTION MANAGER(Signature) Steven Skadro Mayor Peter Knowles,Executive Vice President ° --- i Q Row deleted 1 1 i i l i B i Init. AIA Document C132"'-2009 formerly B801 T Ma-199�.Copyrigeht 81973,1980,1992 and 2009 by The American InstituteofArchitects.All rights lon reserved.-WARNING:This AIA r portion is-protected b U.S.Copyright ht Law and lnterrrationaPTreatiesUnauthorized reproduction or distribution 18 of this AIA Document',or an of It,may result m severe civil and criminal penalties,and will be prosecuted to the m"Imum.extent possible t under the law.This document was produced by AIA software.at 14:03.27 on 01/05/2015 under Order No.1344547193_1 which expires on'10103/2015,and is 3 not for resale. } User Notes: (2051758402) I t F I i .2 AIA Document€20111' -07 n:R:' I Dat., Pfet eel Exhibit if eempletd ef th ' A201Tm-2007, General Conditions of the Contract for Construction. AIA Doet+ffien£E202Tm 2008 Building in f ..,,,.tief, n edeling Pfet,eel Exhibit, if eE) pleted or due .3 Exhibit A-RLB 2015 Construction Administration and Team Responsibility Matrix. �tkieraattments:.4 Exhibit B -RLB Fee Worksheet proposed invoicing. I A This Agreement is entered into as of the day and year first written above. CITY 60�MPEN I' �� RIDER LEVETT BUCKNALL,LTD. r Peter Knowles, Executive Vice President z ti v c ate. t y r t� t I 1VE� u-3. 4 Y I y I N,�r v Y' i 3 � 41 tw } ` a s4 z j9 rx s'iW" 1 ri�ii i ; s Additions and Deletions Report for AIA Document C132T"—2009(formerly B801 T"CMa—1992).Copyright m 1973,1980,1992 and 2009 by The American institute of Architects.All rights reserved.WARNING:This AIA` Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 23 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is notfor resale. User Notes: (2051758402) Certification of Document's Authenticity AIA®:Document D401 TM — 2003 L 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 •1.4:03:27 on 01/05/2015 under Order No. 1344547193_1 from AIA Contract Documents software and that in preparing the attachedJfinal document I made no changes to the original text of AIA®Document C132T"'—2009, Standard Form`?of Agreement Between Owner and Construction Manager as Adviser,as published by the AIA in its software,otherthan those:additions and deletions shown in the associated Additions and Deletions Report. 1 3 n F s - - I � 1 I (Signed) a. op ti r. f 1W { J .` � u r .r' (Dated) r 1 o- r it' ' + 'r.aJr Al f 67: i J9 AIA Document D401 T' 2003.Copyright©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 Ale 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 documentwas produced by AIA software at 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is notfor resale. User Notes: (2051758402) J i sr� TM Document A201 - 2007 General Conditions of the Contract for Construction o' for the following PROJECT: s ok u i is :r Galena Plaza/Rio Grande Garage Improvements S �rwY :r City ProjeetjNumber 201-2-018 ADDITIONS AND DELETIONS: ' F The author of this document has l`{ Aspen Colorado 81611 added information needed for its completion.The author may also i � ; „t �� aTHE OWNER ate' � � i have revised the text of the original AIA standard form.An Additions and 'I 3 rCity of Aspens x Deletions Report that notes added $ 130 South Galen Street airs information as well as revisions to Aspen;Colorado 816,11 f, :q the standard form text is available sa da E{atali from the author and should be i ! THExENGINEER AND ARCHITECT: reviewed.A vertical line in the left Gfi margin of this document indicates {.3A Miro,Inc� r� >� k where the author has added a°b` 'E� Mav rfi+�: �j i.G � ;•� 4610, inN0,SuitF111` tty� necessary information and where P O.BoX 2243 { the author has added to or deleted t ( Frisco,C0'80443 Y r '�� ,,�' � from the original AIA text. ' µ y" r x This document has important legal Studio B Architects nit�104 I�r consequences.Consultation with an � ,'t E SOIRio GrandePlace�U � attorney is encouraged with respect `� � Aspen;Colorado"816ll ,§ to its completion or modification. THE CONTRACTOR k i§ _ +� t d Phone _ � rt " 9 FIX: ` d f a7i,'a iaxl �N.,;.� 1 t Contact 1THE CONSTRUCTON MANAGER s r? �,Rider�Levett Bucknall ,, r 1675 Larirrier Street;Suitet470 Denver C080202al.' rPhone (720),904-1480 1 t iFax: 72090414:81 � a r ( ) , ¢. i ,rContactRob Taylor wRob.Taylornus�rlbcom N" s ' THE COMMISSIONING AGENT: h Engineering Economics, Inc. i� 80 Simms Sheet,Suite 210 t �M f c.14 rGolden,,aCt080401 Phone: `(303)239-8700 Fax: (303)239-9982 Contact: Jarrell Wenger 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 reproductionor distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to t the maximum extent possible under the law.This document was produced by AIA software at 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) M w `,TABLE?OF ARTICLES GENERAL PROVISIONS OWNER ` a { 3 "i' CONTRACTOR 4ARCHITECT F¢s` ff ,P d ,, RAC ' tr ayr I } 51 ( SUBCONTTORS a _ r 6CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS r Q w, rw 7 ' n CHANGES IN THE WORK zv " e " ' "� Y � 9=� PAYMENTS AND COMPLETION � . 6 ['Pk ',PROTECTION OrFxPERSONS AND PROPERTY ,r�t�t,r'� 11 -r INSURANCE AND BONDS r rh Mrr ' ��12"" ' ` UNCOVERING AND;CORRECTION OF WORK Hp Yr"�'E 7iMi1j.a� �k'te4a � ,�''I MI, CELLANEOUS"PROVISIONS �p' pyo 4LAV t TERMINATION OR SUSPENSION OF THE CONTRACT h 15 �4CLAIMS"AND DISPUTES "" gg� !r- P, at 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 ]nit. Institute of Architects.All rights reserved.WARNING:This AIA` Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 2 reproduction or distribution of this Al a 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) INDEX Architect's Additional Services and Expenses � y(Topics and numbers in bold are section headings.) 2.4.1, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract 3.1.3,4.2,3.7.4, 15.2,9.4.1,9.5 Acceptance of Nonconforming Work _ Architect's Approvals k § Ca ' 9.6.6,,9'9.3, 12.3 2.4.1,3.1.3, 3.5,3.10.2,4.2.7 Acceptance of Work Architect's Authority to Reject Work I ,9 6:6,9.8.2,9.9.3,9.10 1,9.10.3, 12.3 3.5,4.2.6, 12.1.2,12.2.1 I k` Access to Work ° Architect's Copyright �3 1'6,6.2.1,PI 2'1 1.1.7, 1.5 1 �I Accident H66ntionc, Architect's Decisions i4 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.2.14 6.3 " a Acts and Omissions` 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, 1 z-3,1`3, , 9.5.1, 10.2.5, 13.5.2, 15.2, 15.3 Q,.2.8, 13 Al241317,14:1 1-52-1 Architect's Inspections Addenda .u4 t(t y; / I E 3.7.4,4.2.2,4.2.9,9.4.2,9.8.3,9.9.2, 9.10.1, 13.5 1 1.1 3 11 1s , ;t„ Architect's Instructions * a } tj + r'r Additional`Costs,Claims for a 3.2.4,3.3.1,4.2.6,4.2.7, 13.5.2 L. '3J 4-t,3 7 S,1&1%,1,7.17.`5,,10;'3, l 5.1.4 Architect's Interpretations � Addtionalrinspections and Testing 4.2.11,4.2.12 rt 9 4:2,9 8 3;;12 2 l;13 5 fi Architect's Project Representative AdditlonalkInsured-� 4.2.10 4" � , 600-, Architect's Relationship with Contractor �i Aldit onal,Time,Claims for' 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, �'' ° 312x14 3 7:4,3.7.5,3"10.,28°`3 2,;,15.1.5 3.7.4,3.7.5,3.9.2,3.9.3,3.10,3.11,3.12, 3'16,3.18, Admimstr`ahoulof.the�Contract 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, M , 9.4,95 ' , , 9.7,9.8,9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, Advertisement or Irivitationlit Bid 15.2 1 ds aArchitect's Relationship with Subcontractors a� i h Aesthetic Effect , 1� r 1.l.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, l 1.3.7 It 4 213 ti � t n ,y ' Architect's Representations h Gk Allowances 9.4.2,9.5.1,9.10.1 t Architect's Site Visits / X38,7J BpRtvvt � ;�;���� - • f All-risk Insurance £� u t . w ' 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2, 9.10.1, 13.5 + i� Asbestos plic t Apations f'or Payme t 10.3.1 2,9 9 4,9.5 l 9 6 3,9 7,9.10, Attorneys' Fees r s.� to 111 3i�x �y •n. 40 3.18.1,9.10.2, 10.3.3 ua.c "t�P" Approvals Award of Separate Contracts 2,,2 4,3 1:3,K,10'2,�-3 12.8,3.12.9,3.12.10, 6.1.1,6.1.2 . 4.2 7 9 3.2;'.13 5 1 j ' �� Award of Subcontracts and Other Contracts for Arbitration Portions of the Work _84"Tra � 11 3:10,4:31 1, 1'5'3-2`15.4 5.2 ARCHITECTS Basic Definitions t cs 4,34 ti # i 1.1 Architect, Defintion,ofi+ Bidding Requirements 4.1.1 1.1.1, 5.2.1, 11.4.1 Architect Extent of Authority Binding Dispute Resolution sekr ' i 1 - � x ' 2 4 3 12 7,4 1;4.2,5.2,6.3, 7.1.2,7.3.7,7.4,9.2, 9.7, 11.3.9, 11.3.10, 13.1.1, 15.2.5, 15.2.6.1, 15.3.1, 9, 1 9 4�;9,'55;9 6.3,9.8,9.10.1,9.10.3, 12.1, 12.2.1, 15.3.2, 15.4.1 t o z ti13 5,1;+13 52, 14'.2.2, 14.2.4, 15.1.3, 15.2.1 Boiler and Machinery Insurance Architect,L mitations of Authority and 11.3.2 Responsibility Bonds, Lien 2.1.1,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1,4.2.2, 7.3.7.4,9.10.2,9.10.3 4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,5.2.1,7.4, Bonds, Performance,and Payment 9.4.2,9.5.3,9.6.4, 15.1.3, 15.2 73.7.4,9.6.7,9.10.3, 11.3.9, 11.4 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 International Treaties.Unauthorized 3 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is notfor resale. User Notes: (1445676088) Building Permit Completion, Substantial _ 3,7.-1 4.2.9, 8.1.1, 8.1.3, 8.2.3,9.4.2,9.8,9.9.1, 9.10.3, CapitaLzation 12.2, 13.7 Compliance with Laws All Certificate of Substantial Completion 1.6.1, 3.2.3,3.6,3.7,3.12.10,3.13,4.1.1,9.6.4, 9.8.3,,9.8.4,9.8.5 10.2.2, 1 1.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, Certificates for Payment 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 1.4.2.1;4.2.5,4.2.9,9.3.3,9.4,9.5, 9.6.1,9.6.6, 9.7, Concealed or Unknown Conditions 9 10.1,9.10.3, 14.1.1.3;14.2.4, 15.1.3 3.7.4,4.2.8,8.3.1, 10.3 ,Certificates of lnspection;�Testing or Approval Conditions of the Contract 116.4 ;.I + 1.1.1,6.1.1,6.1.4 ,�Cerhficates'of Insurance T`> Consent, Written 10.2e 3.4.2,3.7.4,3.12.8 3.14.2 4.1.2 9.3.2 9.8.5 9.9.1 r 9„ 11 1'33 r t d 3i ' �vChange�Orders 3 9.10.2,9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2 E,1:1 11,2 4.1;3 4 2/3.141,3.8.-23,3.1 l.l,3.12.8,4.2.8, Consolidation or Joinder q,ira 5 2 3, 7 12'7 l 3,71,7'3,2"'7:3.6,, , 7.3.9, 7.3.10, 15.4.4 1 "8 31,-93"1".1 9'10 3; 10 3 2;11.3.1.2, 11.3.4, 11.3.9, CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS Change Orde s;Definition of 1.1.4, 6 { r r 7 J fir , , 7: 7 2.1 w Construction Change Directive, Definition of + CHANGES INTHE WORK , 7.3.1 T. 11,2 2�,1;3 114238,7;7 2 1 7,3 1;'7.4, 8.3.1,9.3.1.1, Construction Change Directives � + 1.1.1, 3.4.2,3.12.8,4.2.85 7.1.1,7.1.2, 7.1.35 7.3, Y k, � s �43Claims Defi> tton`of , ,�,,, _t 9.3.1.1 X15�l�l kk Construction Schedules Contractor's E rCLA1MS AND DISPUTES : 3.10,3.12.1, 3.12.2,6.1.3, 15.1.5.2 10.3.3, 15, 15.4 Contingent Assignment of Subcontracts xClaims and*Timely Assertion of Claims 5.4, 14.2.2.2 v. 54 1,2- �� �n Continuing Contract Performance jr Claims for1Additional Cost 15.1.3 V- H 2 4,3 7"4,6 15.1.4 Contract, Definition of >r y r " � Claim& or Additiol T naime 1.1.2 +,,. ...r nr xa .qs ,r r »�' 3 2 4 3 7.46 I-1 8 3 2g ]0:3 2 15 1 5CONTRACT,TERMINATION OR k�lw` + + Concealed or Unknown Conditions,Claims for SUSPENSION OF THE 4' 3.7.4e � 5.4.1.1, 11.3.9, 14' for Damages 'psi Contract Administration 324 318 61 1,],,83.3 95.1 967'103.3 11.1.1, 3.]:3,4 9.4 9.5 X11',3 5,-1 l 3 7;14 1.3, 14 2 4, 15 1 6 Contract Award and Execution,Conditions Relating "Claim's"Subject to Arbitration F� ' to € 1531 1541 3.7.1, 3.10,5.2,6.1, 11.1.3, 11.3.6, 11.4.1 t Cleaning Upz Contract Documents,Copies Furnished and Use of 1 r' � 3 15,6 3 �c��' � , ' �;, ' . 1.5.2,2.2.5,5.3 c z n , Commencement of the Work,3conditions Relating to Contract Documents,Definition of l ply t �,1 2 2:1,3 2 2,g3 4 1,a3,7 1,3:10.1,3:12.6,5.2.1, 5.2.3, 1.1.1 1,.11.1, 11.3.1, 11.3.6, l 1.4.1, Contract Sum ,� ' t 15:1 4 3.7.4 3.8,5.2.3 7.2,7.3 7.4,9.1 9.4.2,9.5.1.4, <4;Commencement of theWork, Definition of 9.6.75 9.7 10.3.25 11.3.15 14.2.4 14.3.2, 15.1.4 a 8.1.2 15.2.5 � n Communicatios Facilitating Contract Contract Sum, Definition of Administration 9.1 Contract Time �ryr �"r � 1Completton Conditions Relating to 3.7.4,3.7.5,3.10.2,5.2.3,7.2.1.3, 7.3.1,7.3.5,7.4, 15,,4.2.25 4.2.95 8.2, 9.4.2,9.8,9.9.1, 8.1.1, 8.2.1,8.3.1,9.5.1,9.7, 10.3.2, 12.1.1, 14.3.25 9.10, 12.2, 13.7, 14.1.2 15.1.5.1, 15.2.5 COMPLETION,PAYMENTS AND Contract Time,Definition of 9 8.1.1 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 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is notfor resale. User Notes: (1445676088) CONTRACTOR Costs 2.4.1,3.2.4, 3.7.3,3.8.2,3.15.2,5.4.2,6.1.1,6.2.3, Contractor, Definition of 7.3.3.3,7.3.7,7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, I 31,'61.2 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14 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 r "`` 33.2;3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, Contractors l lr:l.1 11.3.7, 14.1, 1,42.1.1 3.14.2,6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, r r,, , E ��,Co_ntractors�Liabihty Insurance 12.2.4 i ill: r Damage to the Work << °t �I Contractor.ns Relationshtp 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 K,andOwner,',s Forces ' Damages,Claims for All i 3 12 5,3 1,42,4.2.4;,,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, i h ,Contractor's Relationship with Subcontractors 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 I 1 2.2, 18 1,L3 18 2;5"Y.6.2,9.6.7,9.10.2, Damages for Delay 1` 11=3 12 X11'3 7 l l 3 8 �7 6.1.1, 8.3.3 9.5.1.6 9.7 10.3.2 Contractor's Relationshtp with,,the Architect Date of Commencement of the Work,Definition of 1,2 1-5`1.1,3,3 2 2;3 2 3;,3;2.4,3.3.1, 3.4.2,3.5, 8.1.2 3 3 10,3 11,3.12,3 16;`3 18,4.1.3,4.2, 5.2, Date of Substantial Completion, Definition of 6 2 2,�7, 8 31,9 2,93"9A j 9 5,9.7,9.8,9.9, 10.2.6, 8.1.3 =r _; 6610 3,.1'13 7 12, 135615'1 2;k152.1 Day, Definition of r � „ItiContractor's Representations 8.1.4 I °E3 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 ! t �� a Contractor's Responstbthty'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, 7.3.7e 7.3.9e 8.1.3>8.3.1>9.2>9.4>9.5.1,9.8.4, 9.9.1, WoT•k ��Z s3 3�2,3 18,5 3i�1,6 1 3'62, 9 5:°l, 10.2.813.5.2, 14.2.2, 14.2.4, 15.1, 15.1 Contractor's Review of Contract Documents Decisions to Withhold Certification 7 �� 12 ¢ .a 9.4.1, 9.5,9.7, 14.1.1.3 k ` 1 l-Contractor,s RtI to Stogy the Work Defective or Nonconforming Work Acceptance, G � P � Rejection and Correction of irContractor'sRight 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, 444A' 15:1:6`, ,Pt ,6 A ih`�,� 9.9.3,9.10.4, 12.2.1 hContr42 actor's SubmittalsA4-i j Definitions 1�5 2t3,9`.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, �; 983,9�91,;9102,910.3;,1113, 114.2 15.1.1,5.1, 6.1.2, 7.2.1,7.3.1, 8.1,9.1,9.8.1 Contractor s Supenntendenv 1 Delays and Extensions of Time p 39 } Ej. iCo t1026 ractor s Sup rvtston and1Constr"uction 10 3.2? 0.4.1,3 5 114.3.2, 5, 15.2.5 , 9.5.1,9.7, fir^ Procedures Disputes 22,3 3 3.4,3 12,10,4k2r2;4 2.7,6.1.3,6.2.4, 6.3,7.3.9, 15.1, 15.2 t 7 1 3 7 3 51"7.3.7;8.2,E 10 12, 14,,15.1.3 Documents and Samples at the Site t 41 Contractual Liability` 1Insuran3.11 lr a 11 11 8j414s2 Drawings,Definition of kkt Coordination and Correlation 1.1.5_ 3.2.1'(3:3 1�3 1,0,'3-.12.6,6.1.3�6.2.1 Drawings and Specifications, Use and Ownership of tips. ~Copies Furmshed of Drawings and Specifications 3.11 J 1.5,2.2.5,3.11 Effective Date of Insurance Copyrights �, 8.2.2, 11.1.2 Emergencies vr,i�1 ,0%' " grlI Corr ti oryf Wor 10.4, 14.1.1.2, 15.1.4 5 t ti rTWq, a, ti4.2,9.8.2,9.8.3,9.9.1, 12.1.2, 12.2 Employees, Contractor's Correlation apolntent 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 7.3.7 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 Init. Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 5 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is notfor resale. User Notes: (1445676088) Equipment, Labor,Materials or Instruments of Service,Definition of 1.1.3, 1.1.16,3:4,3.5,3.8.2,3.8.3,3.12,3.13.1,3.15.1, 1.1.7 4'2:6 4� 7,5.2.1,6.2.1,7.3.7,9.3.2, 9.3.3,9.5.1.3, Insurance 9:1'0 2, 10'.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 3.18.1,6.1.1,7.3.7;9.3.2,9.8.4,9.9.1,9.10.2, 11 Execution and Progress of the Work Insurance,Boiler and Machinery 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 17 '_ .95.,f"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 r 3 2 4 3.7.4 5 2.3 71'..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 7 2 5 Insurance Loss of Use Fa �)f it k7t f Pure o . y g i ilayment] _, 11.3.3 ,�''9°511 3,9,7 9 10.2,rI3 614.1.1.3, 14.2.1.2 Insurance,Owner's Liability 1 " } Faulty Work , ii - 11.2 wr arc c" a c 4 }. '(See Defective or Nonconforming Work) Insurance,Property ' Final Completion and FinahPayment 10.2.5,11.3 Po 4 2'1 4 2 9 9 8 2 910 11:12, 11.1.3, 71.3.1, 11.3.5, Insurance, Stored Materials �l ,112.3 K41-44,24 4 '14 4 3wv,� 9.3.2 1 # Finarictah .Arrangements,Owner's INSURANCE AND BONDS , 6r 2 2:1, 132 2, 14 1:1. 4 l Ftre and Extended Coverage Insurance Insurance Companies,Consent to Partial Occupancy 9.9.1 GENERALPROVISIONS Intent of the Contract Documents � '� 1.2.1>4.2.7>4.2.12>4.2.13�7.4 G ntip I 7 i a Y � q✓ � 'a - I G,overmng Law .Z;' Interest 13 1, 1 h k 13.6 Guarantees"(See Warranty)="� Interpretation HazardousMaterials 1.2.3, 1.4,4.1.1,5.1,6.1.2, 15.1.1 Interpretations Written i ' � 1 Iderittficatr_on of Subcontractors and Suppliers 4.2.11,4.2.12, 15.1.4 r, 4 5 2.;14"4`Ul'f Judgment on Final Award 4 15.4.2 3 18,9 10 2, 1;0 3,i °10 3 5 10 3 6,a11.3.1.2, Labor and Materials,Equipment 1 > '11'3 7i, 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 iif 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, r2 X12,2 2-3`2 2;r31r2 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 F „ * `9 61;9.6°4,9:9.2;,9.'10.3, 10 3 3, 11 2, 11.4, 13.5.1, Labor Disputes �x 1 13�5 2, 1`4J 1 4, 14.1.4, 15 7 3 v 8.3.1 F Initial Decision,o1 ems, Laws and Regulations 4'.15:2`x. kly 1.5,3.2.3,3.6,3.7,3.12.10, 3.13.1,4.1.1,9.6.4,9.9.1, nitial.Decision Maker,Definition of 10.2.2, 11.1.1, 11.3, 13.1_.1, 13.4, 13.5.1, 13.5.2, I 1.8 13.6.1 14> 15.2.8, 15.44� �n °" a ° Initial,,Decision Maker Decisions Liens l 114:2 2, 14,14",45-2 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 I'nitial Decision�Maker,Extent of Authority Limitations,Statutes of rP r1 14 2 2, 14 2 4;1513Z15.2.1, 15.2.2, 15.2.3, 15.2.4, 12.2.5, 13.7, 15.4.1.1 itt 152.5 �?tt tai s"" 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, 11 X10 2 8,i]0 4 1 , �� 4.2.12,6.2.2,9.4.2,9.6.4,9.6.7, 10.2.5, 10.3.3, iiInspect>ons l � , 11.1:2, 11.2, 11.3.7, 12.2.5, 13.4.2 7JI>4.2.2>4.2.6e 4.2.9> 9.4.2,9.8.3, Limitations of Time 9 9 2h9 10 1 122:1, 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, I� . .r „ 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 11.3.3 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.Ali rights reserved.WARNING:This AIA£ Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 6 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) Material Suppliers Owner,Information and Services Required of the 15,312.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.6,9.10.5 2.1.2,2.2,3.2.2,3.12.10,6.1.3,6.1.4,6.2.5,9.3.2, �� I Materials,Hazardous 9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 11.2, 11.3, 13.5.1, - ;, 1Q:2 4,10.3 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 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, 1.5,2.1.1,2.3.1,2.4.1,3.4.2,3.8.1,3.12.10,3.14.2, 1'3 1;'3.15.1,4.2.6,4.2.71 5.2.1,6.2.1,7.3.7,9.3.2, 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, _. 9.3.3;+9.5.1.3,9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 7.2.1,'7.3.1, 8.2.2, 8.3.1,9.3.1,9.3.2, 9.5.1,9.6.4, 142.1.2 9.9.1>9.10.2> 10.3.2s 11.1.3e 11.3.3e 11.3.10, 12.2.2, A ' Means, Methods,Techniques,Sequences and 12.3.1, 13.2.2, 14.3, 14.4, 15.2.7 - Procedures ofConstructlon Owner's Financial Capability 3,3 11 3,12-10 4'.2.2 4-2:7;-9.4.2 2.2.1, 13.2.2, 14.1.1.4 l ,"-” i �. a Mechanic s Len Owner's Liability Insurance 11.2 QMedfatloii"":� � Owner's Relationship with Subcontractors 315, 10 3.6`, 15'.2.5, 15.2.6, 15.3, 1.1.2, 5.2,5.3, 5.4,9.6.4,9.10.2, 14.2.2 - 1� �i ` �: Owner's Right to Carry Out the Work Minor Cha°nges�nthe Work 2.4, 14.2.2 ' Owner s Right to Clean Up , MISCELLANEOUS:PROVISIONS '6.3 ( Owner's Right to Perform Construction and to ,VModifications, Defin1 1 of Award Separate Contracts 6.1 ! 1Modtficattons to the'Contract ` Owner's Right to Stop the Work "'' i11'4 1 2'14.2.`1 5.2.3,7, 8.3.1,9.7, 2.3 s.r i ,.� • 'i a ° a ' 3: 10 3 2 I l 3 ,t'' 1" = Owner's Right to Suspend the Work Mutual Res onstbili 14.3 Owner's Right to Terminate the Contract Nonconforming Work,Acceptance of 14.2 w16&9,933-9 11, Ownership and Use of Drawings,Specifications I ' ". Nonconforming Work,Re,)eetion and Correction of and Other Instruments of Service 3,,'-5":,"','4':'2"6;'6',2'4;'9.5.1,, 9.8.2,9.9.3; 1.1.1, 1.1.6, 1.1.7,.1.5,2.2.5,3.2.2,3.11.1,3.17, a,� 1910F4 122£1 �� � ��� 4.2.12,5.3.1 } w a � NoticePartial Occupancy or Use 1;a,17:21`3'1 2.9, 5.2.1, 9.6.6, 9.9, 1 1.3.1:5 2241-113' 12:2.2.1, 13 3, 13.5.1, Patching,Cutting and �]Y5,2,,4'4,1,14.2,•£5.2.8, 15 4 1 r .,�.> 3.14,6.2.5 Xoug '`: 'Notice,Written ti Patents 231`24.I,t3�31,392,3.1129,311210,5.2.1,9.7, 3.17 19 10' M, 0.22, 1'0.3, 112.1 3,11 3.6;12.2.2.1,13.3, 14, Payment,Applications for t— } -0'5.2.8;-,l 5.4,1 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, I t 1" Notice of Claims ,� � 14.2.3, 14.2.49 14.4.3 3 f" 2 8 15 1'.1,1 5 4 Payment,Certificates for a it § Notice offestmgand Inspections 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7,9.10:1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 ObSerVat1011S;iCOnhactor's Payment,Failure of 9.5.1.3,9.7,9.10.2, 13.6, 14.1.1.3, 14.2.1.2 x . 3.23.7.4 Occupancy Payment, Final y E I 2 2 2,�9 6 6;9 8 11.3.1.5 4.2.1,4.2.9, 9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1, 12.3.1, t Orders,Written ,i 13.7, 14.2.4, 14.4.3 -7,;2;.,,7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, Payment Bond,Performance Bond and 1 {W f 0WNER�3w Payments, Progress 11.4 s 2 9.3,9.6,9.8.5,9.10.3, 13.6, 14.2.3, 15.1.3 Owner,Definition of PAYMENTS AND COMPLETION 2.1.1 9 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 International Treaties.Unauthorized 7 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) r Payments to Subcontractors Rights and Remedies _h 5.4.2 9.5;1.3,9.6.2, 9.6.3, 9.6.4,9.6.7, 14.2.1.2 1.1.2,2.3,2.4,3.5,3.7.4,3.15.2,4.2.6,5.3,5.4, 6.1, PCBy�; 6.3, 7.3.1,8.3,9.5.1,9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, JOA 13.4, 14, 15.4 Per. Bond and Payment Bond Royalties,Patents and Copyrights 7374.,9.6.7,9.10.3 11.4 3.17 2ifermits, Fees,Notices and Compliance with Laws Rules and Notices for Arbitration 2:2.2 3.7,3.13, 7.3.7.4, 10.2.2 15.4.1 PERSONS AND PROPERTY,PROTECTION Safety of Persons and Property OFA 10.2, 10.4 10 i Safety Precautions and Programs. 'Polychlormated Biphenyl 3.3.1,4.2.2,4.2.7, 5.3.1, 10.1, 10.2, 10.4 _ F;]0:3 1 Samples, Definition of s i ��Prbduct Data;Defimtion;of.,. i, 3.12.3 3112 2 Samples,Shop Drawings, Product Data and 1iProduct Data and Samples,Shop Drawings 3.11,3.12,4.2.7 �a. 3.1�13 12,4 2 7 '' z� rr� � ' Samples at the Site,Documents and 1 Progres§4hd,Completidd, 3.11 4.2:2,x8 2,"9.8;',9.9j-, 14 1 4�15.1.3 Schedule of Values 1 Progress Payments, F 9.2,9.3.1 4� ;9-3,1'9.6 98 59 1 0 r3 13 6 '14 2 3 15.1.3 Schedules,Construction `Project Definitlonof ? 3.10, 3.12.1, 3.12.2,6.1.3, 15.1.5.2 Separate Contracts and Contractors 1.1.4, 3.12.5,3.14.2,4.2.4,4.2.7,6,8.3.1, 12.1.2 � T 1 Pro ect Re resentatives ; 4`2 IVIA, q Shop Drawings, Definition of il d r WB"� +39.1 .0 LuW tYrb 3 - Property Insurance 3.12.1 s r r � 1 � Shop Drawings,Product Data and Samples X1025,'14 3' x X ' PROTECTION OF PERSONS AND PROPERTY 3.l 1,3.12,4.2.7 aTJ'? Y �'� r •v l� .�P k e t Site,Use of h Re gulationss,ani4 j aws ° 3.13,6.1.1,6.2.1 42'3,,3.6 3..7_3.J,2;40,-,j!13 4.1.1,9.6.4 9.9.1, Site Inspections Ir�l, l l 4,?3�1,3-1-1',14" 13 5 1, 13 5.2, 13.6, 14; 3.2.2,3.3.3,3.7.1,3.7.4,4.2,9.4.2,9.10.1, 13.5 5 2 8, 15'4 �a� 1 �� { Site Visits,Architect's 1 t$Rejection ofYWork , 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.5 '3-5 4 2 6,''12 2 1 Wig`' Special Inspections and Testing ' Releases and Waivers,'of Liens 4.2.6, 12.2.1, 13.5 i .. Specifications, Definition of �y IC � rRepresentat>onsr � 1.1.6 i , 3 2 13 5,3:y12 6; 61-2 8 2 1,9 13 9.4.2,9.5.1, Specifications 982,910:1 1.1.1, 1.1.6, 1.2.2, 1.5,3.11,3.12.10, 3.17,4.2.14 Representatives Statute of Limitations �3sP I; , 3 11 x:3.9,4:1:1 4 2 1;4 2 2,4.2.10,5.l.1, 13.7, 15.4.1.1 • 5 1 2, 13 2.1 Stopping the Work Responsibi'l,ity fbr�Those Performing the Work 2.3,9.7, 10.3, 14.1 � 33.2 3 18,4 2�3;5 3 1,6.1.3,6.2,6.3,9.5.1, 10 Stored Materials =mfl= mage` � t 6.2.1,9.3.2, 10.2.1.2, 10.2.4 ri _ , rt9.31, 9.6.2,9 855,9i9-A-;19.10.2,9.10.3 Subcontractor, Definition of Review of Contract Documents and Field 5.1.1 Conditions�bykContractor SUBCONTRACTORS 32 r3�127;613 5 d , rf ��Review„of Contractor's Submittals by Owner and Subcontractors; Work by u« t Architect 1.22 3.3.2 3.12.1 4.2.3 5.2.3 5.3 5.4 9.3.1.2 nr” az . 3 101,310 2;3 11,3.12,4.2,5.2,6.1.3,9.2,9.8.2 9.6.7 Review.of Shop Drawings,Product Data and Subcontractual Relations Samples by Contractor 5.3,5.4, 9.3.1.2,9.6,9.10, 10.2.1, 14.1, 14.2.1 3.12 AIA Document A201 T"—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 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) Submittals Tests and Inspections 3.10,311,3.12,4.2.7,5.2.1,5.2.3,7.3.7, 9.2,9.3,. 3.1.3, 3.3.3,4.2.2,4.2.6,4.2.9, 9.4.2, 9.8.3,9.9.2, 9.10.3, l 1.1.3 9.10.1, 10.3.2, 11.4.1.1, 12.2.1, 13.5 i 3r Submittal.Schedule TIME 3:,10 2,3':12.5,4.2.7 8 Subrogation,Waivers of Time,Delays and Extensions of ' �76 1.3.7 3.2.4, 3.7.4, 5.2.3, 7.2.1,7.3.1, 7.4, 8.3,9.5.1, 9.7, A r_" dSulisYantial Completion 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 4;2-;9, 8.1.1,8.1.3, 8.2.3,;,9.4.2, 9.8,9.9.1,9.10.3, Time Limits /12".`2 13.7 r 2.1.2, 2.2,2.4,3.2.2,3.10, 3.11,3.12.5,3.15.1,4.2, ` 1 Substantial Completion,Definition of 5.2, 5.3, 5.4,6.2.4, 7.3,7.4, 8.2,9.2,9.3.1,9.3.3, ' hPr 9 8:1 r 9.4.1, 9.5,9.6,'9.7,9.8,9.9,9.10, 11.1.3, 12.2, 13.5, i15Snb�stitutidn of 8uboontraotors 13.7, 14, 15.1.2, 15.4 5 244e "' �k :,f Time Limits on Claims SubstI ution of Architect =t 3.7.4, 10.2.8, 13.7, 15.1.2 4.1 3 4s {ik Title to Work k -r S'6strtuttons of Materials 9.3.2,9.3.3 1 s� 3:4.2,3 5,7 3 8, r �� , s Transmission of Data in Digital Form } Subsubcontractor,Definition of 1.6 'z oda' '5 m�:! sh ' f 2 g , , ��� � ,_ UNCOVERING AND CORRECTION OF Subsurface,Conditions WORK k 4 f13`J9 4 3F 4 4' 12 l F ! Successors anda Assigns r Uncovering of Work { i t( # #13:2 '" x ✓ u°r 12.1 Superintendeiif��` �' Unforeseen Conditions,Concealed or Unknown , `39? 102.6 n 3.7.4, 8.3.1, 10.3 fir 'J it ; 'Supervision and ConstructiofiTrocedures Unit Prices 4;3 12`.10,1`4 2:2,4:2.7,6.1.3,6.2.4, 7.3.3.2,7.3.4 3. "i8.2„8�3g;l;9.4:2, 10, 12, 14, 15.1.3 Use of Documents N' ! f tSurety r s, g1.1.1, 1.5,2.2.5,3.12.6,5.3 8.5 9 10.2,9 10 3, 14.2.2; 15.2.7 Use of Site IJm ,r Surety Consent of ? 3.13 6.1.1 6.2.1 , ..� �'G(� 7c 9 10 3 ,_ `F x Values Schedule of ail3 �P 1 i """Stir-veys 9.2,9.31 'R2-2` � ' � 3 "r Waiver of Claims by the Architect f � ' �Suspenss ion by;the Ownerwfor Convenience 13.4.2 14 3Waiver of Claims by the Contractor i ��!kr�� rSUSpenSlOn,Of the Work�'„3l iJ rt�i 9.10.5, 13.4.2 15.1.6 143x ` Waiver of Claims by the Owner x Suspension or Termination of the Contract 9.9.3,9.10.3,9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 Waiver of Consequential Damages �1 211h 1 Taxes rkk'r) 14.2.4, 15.1.6 l 3 63:8.2.1,7.3.7.4 " e� � Waiver of Liens *.Termination bythe Contractor 9.10.2,9.10.4 14.1, 15a1Waivers of Subrogation a ui l 'w" b V" a girl ?� E *Termination byfthe Owner for Cause 6.1.1, 11.3.7 14.2, 15 16. ,, Warranty Termination by the Owner for Convenience 3.5,4.2.9,•9.3.3,9.8.4,9.9.1,9.10.4, 12.2.2, 13.7 Weather Delays y ## Il � Terinmation�ofthe Architect 15.1.5.2 �� tr141143 ' 7itlii' P Work,Definition of riTermmation of the Contractor .p 14:2 2 '" t3i Written Consent TERMINATION OR SUSPENSION OF THE 1.5.2,3.4.2,3.7.4,3.12.8,3.14.2,4.1.2,9.3:2,9.8.5, CONTRACT 9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 14 Written Interpretations 4.2.11,4.2.12 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 9 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) Written Notice Written Orders 23,24 3.3.1;3.9, 3.12.9,3.12.10,5.2.1, 8.2.2,9.7, 1.1.1,2.3,3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, . 19."10,1022,. 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14, 15.1.2 � I• � ��� 15:4 1 t� C i.., I t i t'•� �. _ - F i { , t I (a / dbYfi� /t IIS #`r5 Sr r` ♦ � � � I l T 7 � f / I } 1 1 G � "j, � �t N r- f 41 e r x 'Ei req{s 3 r, ( b - xx i � I l l Y T F11 t la � [P � s ^"jWIC&� r4 iW'! AIA Document A201 TIM—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 10 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 11VTHE CONTRACT DOCUMENTS 1 � •� The Contract Documents are enumerated in the Agreement between the Owner and Contractor(hereinafter the ,Agreernent)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 T s3ltsted 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 w, Agreement,the Contract Documents do not include the advertisement or invitation to bid,Instructions to Bidders, sample forrris,,other information furnished by the Owner in anticipation of receiving bids or proposals,the ;1 Contractors bid�or proposal,or portions of Addenda relating to bidding requirements. r x� Y° ( I rr i I ` §A 11 2 THE CONTRACT e The;Contract Documents form.the Contract for Construction.The Contract represents the entire and integrated l agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written 1 or,oral The`Contract may be amended or modified only by a Modification.The Contract Documents shall not be ,.I "'663 .Irk xr i r 7 i*� ,``"�✓ a tia�i construed" creat e.a,contractual relationship of any kind(1)between the Contractor and the Architect or the _ Architect's consultants;(2)tbetween the Owner and a Subcontractor or a Sub-subcontractor,(3)between the Owner and'theArchitect or the Architect's consultants or(4)between the Contractor and the Construction Manager, or(5) V l< < between any perso s orentities other than the Owner and the Contractor.The Owner shall,however,be entitled to 1 Petf6tmance and enforcement 6f obligations under the Contract intended to facilitate performance of the Architect's duties re ate,' a,..,,.) y a°S•t 1--F` a# �"'Of, TW: ��� X E , �' The term Work means the construction and services required by the Contract Documents,whether completed or partially completed,„and include"s 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. � � r � § 1?14 THE•%PROJECT 1 The:Project is the total construction of which the Work performed under the Contract Documents may be the whole o x ..t jt or apart and1which mayinclude construction by the Owner and by separate contractors. r f"§A' 1 5 TH&DRAWINGS The , avi ings a tithe graph�c and`p"ictorial portions of the Contract Documents showing the design,location and } ,�,,dimensions ofthe Work,generally including plans,elevations, sections,details, schedules and diagrams. P 4§ 1:;116 THESPECIFICATIONS fh �, r� k"M r ♦ V'7' w ,fir 'The Specifications are that portion ofithe Contract Documents consisting of the written requirements for materials, {w' i°equipment;sy t ms,'st"andards and workmanship for the Work,and performance of related services. f & 1.1.7 INSTRUMENTS�OF,SERVICE Instruments of Service are'representations, in any medium of expression now known or later developed,of the a �,t tangible arid`tntangible creative work performed by the Architect and the Architect's consultants under their ' ) , ��respectiv epo fess"ional services agreements.Instruments of Service may include,without limitation,studies, F surveys,models;sketches,drawings, specifications,and other similar materials. r n c 6 t .- § 1.1.8 INITIAL DECISION MAKER 1 ,�,3The,lnitial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in � t �. � . accoranceiwith!dSection 15.2 and certify termination of the Agreement under Section 14.2.2. §' "'CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS of the Contract Documents is to include all items necessary for the proper execution and completion�ofthe 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 occurs between or within standards,specifications,and drawings,the more stringent or AIA Document A201 T"—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 11 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) higher quality requirements shall apply. The precedence and coordination of the Contract Documents areas follows: i 1 Addendum and modifications to the Drawings and Specifications take precedence over the original Contract Documents. 5 .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 f s �,r �� Drawings but notmentioned in the Specification or vice-versa,shall be furnished as though specifically shown and mentioned in both without any extra charge. ra 4 The Drawings, for purposes of clearness and legibility, are essentially diagrammatic,and although the sizes t 4S, and,locations of equipment are shown to scale wherever possible,the Contractors,both principal and ti � subcontractors,are�requi_r_ed to familiarize themselves with all the Work required by the Contract Documents. Each Contractor shalI-properly coordinate his/her work with that of all other contractors. It is not within the y „scope of theDrawings,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 I P° conformkto the structure Any conflict within the Drawings shall be referred to the Architect for disposition pnor,to theinstallation of any affected work. Figured dimensions contained in the Contract Documenis shall be accurately followed, even though they iiifferfrom scaled measurements. No work shown on the plans,the dimensions of which are not figured,shall i, e;exec ted ntil mstr`uctions have been obtained from the Architect as to the dimensions to be used. Larger � � , AW w,5 scale Drawings3shallrhave�preference over smaller scale drawings,but discrepancies shall be referred to the g in �. f i Architect forlinterpretation. `§'''1.2 2 Organization'of-the”'Specifications into divisions, sections and articles,and arrangement of Drawings shall ,, •.'w ,�.: not('control the Contractor.iiii-dividing the Work among Subcontractors or in establishing the extent of Work to be r erformed b an trade 1r2 3 Unless,otherwi'se stated to theiContract Documents,words that have well-known technical or construction f "} 'industry meanings are aw used in the Contract Documents in accordance with such recognized meanings. § 1 3 CAPITALIZATIONr 'Terms'- capitalized in these General Conditions include those that are(])specifically defined,(2)the titles of numbered articles or(3)the;titles of other documents published by the American Institute of Architects. ri l In the�'TERPRETATION` 141N I 7 nterest of brevi the Contract Documents frequently omit modifying words such as"all"and "any"and ytq Y �'� g Y ' articles such as"the"band#"an,"btifthe fact that a modifier or an article is absent from one statement and appears in �anot her is not intended to-affect the interpretation of either statement. it; 1,50WNERSHIP4Nb USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE The�Archltect 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;Own ersalI common law,statutory and other reserved rights, including copyrights.The Contractor, t,, Subcontractors,iSub-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 connectiomwith this Project is not to be construed as publication in derogation of the Architects 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. 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 Init. Institute of Architects.All rights reserved.WARNING:This AIA 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 document was produced by AIA software at 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) The 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''$_TRA�NSMISSION OF DATA IN DIGITAL FORM lf,theparties intend to transmit Instruments of Service or any other information or documentation in digital form, r "� �_ " they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. { ti ARTICLE 2 r� OWNER 21 GENERAL� i § 2'1 1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the 4 Contract Documents as 1f singular in number.The Owner shall designate in writing a representative who shall have azpi ess autli'orlty to'_bmd iie;Owner with respect to all matters requiring the Owner's approval or authorization. I ! ; t"c l Notwrthstaridtng the,prevlous.sentence,or any information in the Contract Documents to the contrary,the original ��IContract,ands the�approvaIf-fi'increases in the Contract Sum or Contract Time,and the execution of Amendments ,.,. anii Change,Orders+toythe Agreement shall not be binding on the City without an authorized signature in accordance r`_u with the City of Aspen Procurement Code. Except as otherwise provided in Section 4.2.1,the Architect does not t I ' "have suchauthorttyThe teriri"Owner"means the Owner or the Owner's authorized representative,except as e l otherwise indicated above I I (Paragraph'deleted)f INFORMATIONANDSERVICES REQUIRED OF THE OWNER t ; J 4A, eommencement-of the Work,the Contractor may request in writing that the Owner provide �iil� t4" reasonable evtdence.that`the`,Owner has made financial arrangements to fulfill the Owner's obligations under the Thereafter;they ontrdctor may only request such evidence if(1)the Owner fails to make payments to the I ; Contractor as the Contract,Documents require;(2)a change in the Work materially changes the Contract Sum;or(3) ing to ake payment when due. reasonable enelyti+ nTheOwe shalI.funih s6h evidence aacondition precedent to comncementorconnuation of the Work or the'porton of th6,W6rk affected by a material change.After the Owner furnishes the evidence,the Owner shall not materiallyrvary such financial arrangements without prior notice to the Contractor. d y s 1, { § Z,21 Except of,permits and fees,that are the responsibility of the Contractor under the Contract Documents, "wA including those required underiSecti6wY,`7.1,the Owner shall secure and pay for necessary approvals,easements, v _, i4 assessments and charges_required=for-construction,use or occupancy of permanent structures or for permanent ° ,ohanges imextsting facilities ' 11 ql 2.2 3 The�Owner shall furnish surveys describing physical characteristics,legal limitations and utility locations for Y'£j, i� r Fir` �. IU "''t7 I tliHP � 3� �zai :i the site oftheProject;and a legal description of the site.The Contractor shall be entitled to rely on the accuracy of mformation furnished by the Owner but shall exercise proper precautions relating to the safe performance of the t t § 21A The Owner shall furrtishinformation or services required of the Owner by the Contract Documents with t f5reas6nablepromptnress.Tlie'Owner shall also furnish any other information or services under the Owner's control V4 i and relevant,to the Contractor's performance of the Work with reasonable promptness after receiving the � r;g 7'"i^ Contractor's written,request for such information or services. -.;a 14�, 1 11 § 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. Tit t � ''. i'§22 6TIie®caner shall furnish the services of a Commissioning Agent who will assist the Owner,as well as l g„ ionducimspectlons and prepare commissioning reports during the construction phase. The Contractor shall be r x Inver required toeorrect 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 A201 TM—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 13 reproduction or distribution of this AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to t the maximum extent possible under the law.This document was produced by AIA software at 14:01:40 on 01/05/2015 under Oder No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) c §r2.3 CONSTRUCTION MANAGER § 231�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 1,_thejC6ntrdct Documents as ifsingular in number.The term "Construction Manager"means the Construction Manager or the Construction Manager's authorized representative. }yl §.2:3.2 The Construction Mahager.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. r > , a ! e 3The Construction„Manager shall: 71§ 23 31 Review all>changes.proposed by the Contractor,Architect or Owner and make recommendations to the ! Owner regarding schedule and;cost implications; Schedule rand conduct"fob meetings to be attended by the Contractor and representatives of the Owner and Architect to;di§cuss.such matters as procedures,progress,problems and scheduling. Construction Manager shall preparexan"d di9t6 ute minutes'of such meetings. o. The Constru`ction,Manager shall make a review of the Work at such intervals necessary to discharge its duties to the Owner: _ Vr 4i ,� r +' � 3' I�i a�hFi 1'z a x Fd a., E �: I��§ 2:3 5 The�Constcuction Manager shall meet with the Contractor to prepare and update the Contractor's 4 1i,,rlCon9tru6tion Schedule o § 23 OWNER'S RIGHTr TO STOP THE WORK '`4 4•�,.. a' a �7 � Bre Y x .� > .h ,IfttietContractor failsFto correct Work that is not in accordance with the requirements of the Contract Documents as ata . recttiion l2 20 r repeatedly fails to carry out Work in accordance with the Contract Documents,the `b Owner may issue ai�wrltteir order to the Contractor to stop the Work,or any portion thereof,until the cause for such a .� ,a ordeirh sibeen eliminated,However,the right of the Owner to stop the Work shall not give rise to a duty on the part Wa of the Owner to exercise thlsvright for the,benefit of the Contractor or any other person or entity, except to the extent rB u t m ti�g re cared bSection,6 1 3 "i§2.4 OWNERI RIGHT TO CARRYc OUT THE WORK 'the Contractor default`s o'r,neglects to carry out the Work in accordance with the Contract Documents and fails ' �� 1 1/ r within a'ten day period after receipt'of written notice from the Owner to commence and continue correction of such A jl,default or neglect with diligence,andiprompmess,the Owner may,without prejudice to other remedies the Owner ,5. may have,correct suchldeficiencies,.�Insuch case an appropriate Change Order shall be issued deducting from payments hien or thereafterr due the Contractor the reasonable cost of correcting such deficiencies, including Owners expenses and compensation for the Architect's and Construction Managers additional services made u I; necessary by`such i ae`fiult,negle'ctror failure. Such action by the Owner and amounts charged to the Contractor are subject to prior approval of,both*tl''e Architect and Construction Manager. If payments then or thereafter due the c,Contracttortare not sufficientto cover such amounts,the Contractor shall pay the difference to the Owner. i t rwT i iV ARTICLE 3 CONTRACTOR H - §-'3:1 GENERAL " b � § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the F Contract�Documents as if singular in number.The Contractor shall be lawfully licensed, if required in the # fit �; �i , l�ljurisdtctionwhei e the Project is located.The Contractor shall designate in writing a representative who shall have ,� !iexpress aumoriity to bind the Contractor with respect to all matters under this Contract.The term "Contractor"means , = the Contractor or the Contractor's authorized representative. 4�i �r�i!lil�!O '16^ cru,, b § 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 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 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is notfor resale. User Notes: (1445676088) P 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 witl '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 ^3 bservations with requirements of the Contract Documents. § 32.2 Because the Contract Documents are complementary,the Contractor shall,before starting each portion of the carefully study and compare the various Contract Documents relative to that portion of the Work,as well as �'th6 informEition"�furnish'68,t'y the Owner pursuant to Section 2.2.3,shall take field measurements of any existing con iitions;'relate�d tolthat,portion of the Work,and shall observe any conditions at the site affecting it.These iY obI gations�''a for the�purpose of facilitating coordination and construction by the Contractor and are not for the r s '11 purpose of discovering errors ;omissions,or inconsistencies in the Contract Documents;however,the Contractor IN �i shall pro mptly�report to thetArchitect any errors, inconsistencies or omissions discovered by or made known to the Gontractor:as a request for information in such form as the Architect may require,with a copy to the Construction s+ r M a Manager-ltris recognized=that the Contractor's review is made in the Contractor's capacity as a contractor and not as 1 a licefi e4designiprofesst6nal unless otherwise specifically provided in the Contract Documents. U t § 3`2 3`The Contrac oris 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,ior madelknown to the Contractor as a request for information in such form as the Architect and Construction '� t Manager may require�� 'h °" § 12,4 Ifthe Contractor believes that additional cost or time is involved because of clarifications or instructions the rx .G' Architect issues,in response�toahe Contractor's notices or requests for information pursuant to Sections 3.2.2 or ISI �4 ,�" Rt,� N, ilrll �l 1 ttIP 3 f2 3 the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations S��ectionsp3 2�2��or`3 2 3�,rihe Contractor shall pay such costs and damages to the Owner as would have been ��il� l �{ f`����F�Guly 111, t� avotdednfthe Contractorhad(performed such obligations. If the Contractor performs those obligations,the Contractor shall notbe liable to the Owner,or Architect for damages resulting from errors,inconsistencies or ween or ions act * 1'DocusmentsnohfoCnonoon o�mit�es ofthe Contract Docutments tolapplecable awssstat statutes, ordinances,codes, x. and regulations;and-Ilawful orders ofpublic authorities. s xP,, p,� ' ,� "tom'' ~'• .I�';ke�1�1�v '� . r §,,3.3 SUPERVISIONAND CONSTRUCTION PROCEDURES :5111f, °r> ,• � § 3:31 The Contractor shall superyisekand direct the Work, using the Contractor's best skill and attention.The f VContractor_shall'',be solely responsible for,and have control over, construction means,methods,techniques, Y ` sequences and procedures and for'coordinating all portions of the Work under the Contract,unless the Contract 74A— ��Docurnents give other specific instructions concerning these matters. if the Contract Documents give specific instructions concerning constructsson means,methods,techniques, sequences or procedures,the Contractor shall I evaluate thelobsite safety tlereo£and,except as stated below,shall be fully and solely responsible for the jobsite c 1 K.€'�,'.Fdt r' safety 00 of stick means,methods,techniques, sequences or procedures. If the Contractor determines that such means, � rnethods�tech I ues,se uences or procedures may not be safe the Contractor shall give timet written notice to the Hyl „ Q q P Y g Y er and�Mch>tect and shall not proceed with that portion of the Work without further written instructions from nv ,the Architect IfithesContractor 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 M , ,, _; r esponsib�le.fortany loss or damage arising solely from those Owner-required'means,methods,techniques, sequences or procedures i x �'.,§�3.,3�2,The Con"tractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, r+ Subcontract_orsand 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 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 15 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) 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. .5 ,-The Contractor shall have weekly meetings for the coordination of all subcontractor activities.The Construction Manager and Architect's consultants may be invited to attend by the Contractor,as appropriate. �LM:. A_1.3.6 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 identi6,incorrect and faulty Work. The Contractor shall ensure that incorrect or faulty Work is corrected Immediately I § 3;4 LABOR AND MATERIALS §,3:41 Unless otherwnse prou,ided in the Contract Documents,the Contractor shall provide and pay for labor, materials,equipment,tooI' tonstruction 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 x ,land whether or not incorporated or to be incorporated in the Work. § 3 4 2 Except�in the case°ofminor changes in the Work authorized by the Architect in accordance with Sections 3:12 8 oF7.41,thei ntradtor,inay not make substitutions without the written consent of the Owner,after evaluation la `' byrthe;Arch tect and the Construction Manager and in accordance with a Change Order or Construction Change Directives�Ifthe Contra∨requests amaterial substitution after execution of the Contract, the Contractor shall retain liability forthe performance of the substituted materials or products and shall certify that the substituted qmateriials or products are equal`to or better than the original materials or products. b 'ila(i� 3:4.,3,The Con trctorshall enforce strict discipline and good order among the Contractor's employees and other €+ r 'c s J, persons carrying out the W'orkJhe Contractor shall not permit employment of unfit persons or persons not properly l��skilled Intasks�asstgned tothem. The Owner may,by notice in writing,require the Contractor to remove from the Workanylemployee'the Owner deems incompetent,careless or otherwise objectionable. §'14 41ji1All work�under this`Contract shall be performed in a skillful and workmanlike manner in accordance with a i alk y tindUstl y'StanidardSt �' 35 WARRANTY °=The Contractor warrants to the•OWfi&�and Architect that materials and equipment furnished under the Contract will s �tbe of gooW'16dlity 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, "� "'A",,except,for,,tnose.inherent in the quality,of-the Work the Contract Documents require or permit. Work,materials,or �� `'bth ..;,� ,,. a ��equipment not conforming to ese regwrements may be considered defective.The Contractor's warranty excludes , Prerr►edy for damage of defect caused by abuse, alterations to the Work not executed by the Contractor, improper or �insuffficient maintenance;improper operation, or normal wear and tear and normal usage. If required by the i fk, Architect,the Contracts'shall furnish satisfactory evidence as to the kind and quality of materials and equipment. ,P§3.5r1 HE on shallop vide the original of, and assign to the Owner at the time of Substantial i a, I Y Completion,of the Work,any and all Subcontractor's, Sub-subcontractor's,suppliers' and manufacturer's A,- ties guarantees'and maintenance requirements required to maintain all warranties and guarantees,relating to " iriaterials an"d laliorused'in the Work.These materials shall be assembled in Warranty Manuals and submitted to the I riu ,• ._ Owner through the Construction Manager.The Contractor shall perform the Work in a manner consistent with and and l such discovered warranties.and performs perod4ch laters tonot hae been Performed correctly,the Contractor shall repairair the work varian�dm accorce with Section 12.2.2.3. ,p (rn, 7 * rel a iia �' 15 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. AIA Document A20`111—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 16 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) §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. s fx k r §3.5.4—The Owner shall have the right of such temporary or trial usage,for such reasonable time as the Owner, ;5 Commissioning Agent,or the Architect deem proper. If the Contractor,so elects, it may,without cost to the Owner,make such trial usage. However,trials shall t `only be conducted with the Architect's and Commissioning Agent's prior approval and under observation by of them.z Equipment and/or materials shall be replaced or returned to"as new"condition prior to acceptance ' by,the Owrier or-Commissioning Agent. i 3 :i All purchases of construction'or building materials shall not include Federal Excise Taxes or Colorado State or local 'if sales or use.taxes The Owner,s State of Colorado tax identification number is 98-04557. The Owner's Federal " Taz Identification Numberis 84-6000563. 1 t § 3.7 PERMITS; FEES;NOTICES AND COMPLIANCE WITH LAWS l m fi P Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building r /perinrt as we llfias for other,,per flits,fees,licenses,and inspections by government agencies necessary for proper execution and completion of the Vork that are customarily secured after execution of the Contract and legal ly " required atihe trme`brds ate received or negotiations concluded. 3.7 2 The�Contractor,shallkcomply with and give notices required by applicable laws,statutes,ordinances, codes, 1' _ i rules�and'regulations,andaawful orders of public authorities applicable to performance of the Work. ted`' Ifthe Contractor perforins Work knowing it to be contrary to applicable laws, statutes,ordinances, codes, rules and regulatioris,or-ilww l orders of public authorities,the Contractor shall assume appropriate responsibility r y t fo6ucli Work ah&9hall',bear the costs attributable to correction. 40� z 1 41 Concealed or Unknown Conditions.If the Contractor encounters conditions at the site that are(1) n c.4 a(b�,a ,iy n r v•�i ..�� „ ry �subsurface:or,�ptherwise concealed.physical conditions that differ materially from those indicated in the Contract D66unients.or(2)unknown physical con8itions of an unusual nature,that differ materially from those ordinarily to exist and generally_rrecognized as in in construction activities of the character provided for in the r ,r2mnContract Documents,the Contractor shall promptly provide notice to the Owner and the Architect before conditions are,disturbed andin'no event later than 21 days after first observance of the conditions.The Architect,Owner and Coristruction Manager will promptly investigate such conditions and, if the Architect determines that they differ matenallyand cause an increase or�dec�ease in the Contractor's cost of, or time required for,performance of any apart of the Work,will recommend�an equitable adjustment in the Contract Sum or Contract Time,or both.If the .,Architect determines that&,conditions at the site are not materially different from those indicated in the Contract 4 , N,,v Documents':i d that-no change rn the terms of the Contract is justified,the Architect shall promptly notify the Owner and Contractor in, iting,,stating the reasons.If either party disputes the Architect's determination or i 7�7 i ti, recommendation that party°may proceed as provided�in Article 15. i ice. *U3 5 If'iin the course of the Work the Contractor encounters human remains or recognizes the existence of burial markers,archaeologtcalrisites or wetlands not indicated in the Contract Documents,the Contractor shall immediately t suspend any operations that would affect them and shall notify the Owner,Construction Manager and Architect. l � r Upon trecei pt, such notice,the Owner shall promptly take any action necessary to obtain governmental xauth6rizationlrequired to resume the operations.The Contractor shall continue to suspend such operations until othmwrse`u strutted 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 . <rrema►ns§or features may be made as provided in Article 15. § 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, 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 17 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection; I -§"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 t`gBefore the,;Contractor may spend funds identified in the agreement as an allowance,a Change Order f�, is required to be executed confirming the scope and cost of the work. Whenever costs are more than I , ,=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 r " under Section 3.8.2.1 and(2)changes in Contractor's costs under Section 3.8.2.2. � Iy 3.8 3�Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. ' §`3.9SUPErRINTENDENTr4 � , ',ns �§ 3.91 The'Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance atthe Project sitedurmg performance of the Work. The Superintendent shall remain on the Project Site,without substitution;until aWpunch lisf items have been completed to the satisfaction of the Architect and the wCommissioning Agent. No subcontractor shall perform work on the site without the presence of the Superintendent f nor Assistant'Superintendent'.The'superintendent shall represent the Contractor,and communications given to the a ti F superintendent shall,be as binding as if given to the Contractor. 3;9 2 The,Contractor;as:'soonla.s practicable after award of the Contract, shall furnish in writing to the Owner and theArchrtect through theµCon'stiuctionManager the name and qualifications of a proposed superintendent.The "IConstruction Manager may"rep'ly within 14 days to the Contractor in writing stating(1)whether the Owner or the Architect h:as,reasonableaobjection to the proposed superintendent or(2)that the Architect.or Owner requires a ,n f y �,additionalstime to'r6view:~-Failure of the Construction Manager to reply within the 14 day period shall constitute i U notice of no reasonable objection 4 n,#u � f § 3 9 3 The`=Contractor shall not employ a?proposed superintendent to whom the Owner or Architect has made ,,reasonable an(l,timely objection 'The Contractor shall not change the superintendent without the.Owner's consent, which ishall'not iinr60hably be withheld or delayed. The Contractor shall designate a second person in charge in --writting in the event the Superintendent is temporarily absent due to illness,vacation, or any other cause(s). .C., t tg - I / § 310 CONTRACTOR'S CONSTRUCTION'S SCHEDULES r f § 3101T1e Contractor,promptly after being awarded the Contract,shall prepare and submit for the Owner's and 4 t ; Arehitect'stractor`mformatton a Con 's construction schedule for the Work compliant with the ACC's Construction Scheduling�Guidelin6§W he,Schedule shall not exceed time limits current under the Contract Documents, shall be fi revised at appropriate ntervals as�required by the conditions of the Work and Project, shall be related to the entire Contract Documents,and shall provide for expeditious and practicablePro ect to the extentreqwire we execution of the Work 0.2 The Contractor shall prepare a submittal schedule promptly after being awarded the Contract and thereafter ._ ' �, P P >P P Y g °,as.riecessary�to mamtainra current submittal schedule,and shall submit the schedules)for the Architect's and Construction Manager's approval.The Architect's and Construction Manager's approval shall not unreasonably be r rr rhx 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 �,J i"�scheduld the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based �� rc yon,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. 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 International Treaties.Unauthorized 18 reproduction or distribution of this AIA0 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) § 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''otherwork activities will be generated by the Contractor. The Construction Schedule is to be used,among other_f hictions,to provide a comprehensive planning tool for completion of both the Work and the Project. 1 ,,.§!'3.,`10.`5 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 _�;• � g ofthe Owner's own forces. F 1 § 3:10.6 The,Contractor will produce a short interval schedule on major weekly work activities. At each ( weeklyjob,,meeting this schedule will be reviewed by the Contractor with all affected Subcontractors and the 3 Construction Manager F a §{x3`10 K Delivery,and Storage. The Contractor shall exercise due diligence in seeing that all equipment,material, an&suoolies are deliveredrin advance of the time they are needed on the job. j y W §111MCUMENTS AND SAMPLES AT THE SITE r TheContractor shall nWritai4&the site for.the Owner one copy of the Drawings, Specifications,Addenda,Change p aOrders 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 ' �� sulimrttals UTh�ese'shall available to the Architect and shall be delivered to the Owner upon completion of the Work 8 a record of the Work"'constructed. by I C i` r y av'' 1iSHOP PRODUCT DATA AND SAMPLES �j to�'��§ 3121':Shop"Drawings are drawings, diagrams,schedules and other data specially prepared for the Work by the 4 t }Contractor;or a Subcontractor,'Sub-subcontractor,manufacturer,supplier or distributor to illustrate some portion of tiWork t � F i A, ° �° '� a § 312 2 Product Data are illustrations,standard schedules,performance charts,instructions, brochures, diagrams and other information f tmi§hed by the Contractor to illustrate materials or equipment for some portion of the Work. � .id uu°- �;{ lI�i u��'"I� `! 3�.7 �.a dtf•� '�laLaS ��-z�,4 g i iM fie 7 � r(iii :� ( a ' § 3`12 3 Samples are physical examples that illustrate materials,equipment or workmanship and establish standards � by',whioh the,Work"will be judged �y 1 y, 11 il' f" 449 `,§ 3,12 4 Shop Drawings Product Data, Samples and similar submittals are not Contract Documents.Their purpose is�tg demonsstrate�W way by which:the Contractor proposes to conform to the information given and the design n � � *jeiconcepfexpressed in the Contract Documents for those portions of the Work for which the Contract Documents , require submittal's.Re�iew�by the Architect is subject to the limitations of Section 4.2.7.Informational submittals upon,wtuch"tlie Arc}iitect isnot zpected to take responsive action may be so identified in the Contract Documents. y '<Submittals that are not required by the Contract Documents may be returned by the Architect without action. ' f § 3:12 5 Th1,qe Contractor shall review for compliance with the Contract Documents,approve and submit to the ,v ..I Architect with axcopy to the Construction Manager, Shop Drawings, Product Data,Samples and similar submittals } ;required bythe`Contract Documents in accordance with the submittal schedule approved by the Architect or, in the { absence ofanappioved�submittal schedule,with reasonable promptness and in such sequence as to cause no-delay in theWork or m theactiwities of the Owner or of separate contractors. tt ,� r i ,ii 7G iii* § 3-12 6 By=submitting Shop Drawings, Product Data, Samples and similar submittals,the Contractor represents to 1 1 �� ��,theOwner ander chitect that the Contractor has(I)reviewed and approved them,(2)determined and verified r , 1materialsfield 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 te _�x ::Documents;, :L,a § 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. 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 Init. Institute of Architects.All rights reserved.WARNING:This AIA`' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 19 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 14:01:40 on 01/05/2015 under Order No.134,45471931 which expires on 10/03/2015,and is not for resale. ) User Notes: (1445676088) §.3.12.8_The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved �r k of respori'sibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop 4 P rDrawmgs Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect m.,writingof such deviation at the time of submittal and(1)the Architect has given written approval to the specific I .deviation as a minor change in the Work, or(2)a Change Order or Construction Change,Directive has been issued `T _authorizing the deviation.The Contractor shall not be relieved of responsibility for errors or omissions in Shop :Dr'awings, Product Data,Samples or similar submittals by the Architect's approval thereof. ` § 3.12.9 TheC ontractor shall direct specific attention, in writing or,on resubmitted Shop Drawings, Product Data, Sariiples or, imilar submittals,to revisions other than those requested by the Architect on previous submittals. In the ;i absence ofsuch4 :written notice,the Architect's approval of a resubmission shall not apply to such revisions. n zS , I § 2.10;4N Contractor shall not be required to provide professional services that constitute the practice of I architecture=or engineermg;unless such services are specifically required by the Contract Documents for a portion of i`,the FWork.o�f unless the Contractor needs to provide such services in order to cairy out the Contractor's responsibilities for construction means, methods,techniques,sequences and procedures. The Contractor shall not'be �requ►red to prov►deprofessional services in violation of applicable law. If professional design services or certifications by a.d'esign professional related to systems,materials or equipment are specifically required of the t fi Contractor by the�Contract`= § 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. 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. sm_ .. w § 3.13.4 Site Snow Management: Contractor acknowledges that the Project is to be built in an area of heavy . z seasonal snows. Contractor shall be responsible for site snow removal and designated snow storage areas adequate "oto Store 100%.(one hundred percent)of the snow from the site during the snow season. All X_ §113.5 Tl etContractor�sNall erect and maintain a 8'-0"chain link fence around the perimeter of the construction site 4 roughout'the Construction Phase. The area inside the perimeter of the fence shall include areas adequate for 100% (one hundred percent)of site snow storage. iA Contractor,shall;be responsible for the mitigation and/or abatement of all noise,dust,erosion,fumes, traffic,recycling of,constru'ction materials,or other by-product of construction activity that have an adverse effect I �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 ` >ltmitW to, Dust Control,Erostotr Control,traffic management,recycling,mud mitigation and clean up and Noise Control. t q r V§'11 3 7 Erosion Controlv Contractor shall prepare and implement a Stormwater Pollution Prevention Plan in IV accordance,with'EPXs National Pollutant Discharge Elimination System(NPDES)General Permit for stormwater dtschar esefrom Lar e and`Small Construction Activities effective June 30 2008). Any mud tracked onto public r g 2 . ,g r roadways'sliall be,removed'daily. ( ) t Tg _,i §313 8 TI%Contractor I's"" s advised that the project site area is subject to high winds. The Contractor shall maintain iE a 1-all materials secured ortied down daily to prevent possible damage caused by flying materials and debris. z §313 9 The Contractor shall maintainaccess around the construction site. §3,1310 The Contractor shall fumtsh and maintain sufficient sanitary facilities for its own forces. The facilities "1 ofthe existing butldtngsywilJ riot,beavailable for construction use. §3.1311 o Inappropriate Behavior The.Contractor shall control its employees and subcontractors on the job site at a ., { alhttmes, Alcohol and Illegal drugs shall be strictly prohibited on the Project at all times. Any intoxicated k persons)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 acti_vttes deemedsinappropttate to the Owner. The Owner shall be entitled to demand the permanent removal from r 04 l r.N the Project of any'person(s)wh6- are repeat offenders. i y § 3:1312�T ie.Contractor 'shall layout and mark any plantings, shrubs and trees which will require removal a KK e V: 4iinimum of five(5)business days prior to their removal.The Contractor shall notify the Architect and Construction 1 � f Manager inwrrttrig4imediately upon completion of this marking. The Construction Manager will then give apecmission for°removalin writing to the Contractor. Plantings, shrubs, and trees shall not be removed or damaged without such permission. rA §°3:1313 The�Contractor shall provide all reasonable protection to prevent damage, injury or loss to,all persons at �c°r the site and all pioperfy at the site and adjacent thereto. The Contractor acknowledges the.Project site is adjacent to t exlshng structures which will be occupied during the performance of the Work. XIVI § 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 AIA Document A201 T^'—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 21 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) 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 rie�spapei,and/or announcement on local radio or television stations,whichever is most reasonably calculated to give,ridtice to such utility users. I § 314 CUTTING AND PATCHING The Contractor shall be responsible for.cutting,fitting or patching required to complete the Work or to riake'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 g ; construction of the Owne ir or separate contractors by cutting,patching or otherwise altering such construction,or by r excavation"`The Contrct aor shall not cut or otherwise alter such construction by the Owner or a separate contractor except witlil4itten,consent of the Owner and of such separate contractor; such consent shall not be unreasonably ' withheld The Contractor shaII,not unreasonably withhold from the Owner or a separate contractor the Contractor's '.k a rates �h, E S t consent to cutting ot•,otherwisefaltering the Work. V", § 3:%4,", y -C-a ,G> �` The ontractor shall keep the premises and surrounding area free from accumulation of waste materials or t P rubbish caused by.,op eratioris,under the Contract. At completion of the Work,the Contractor shall remove waste materials rubbish the Cont`ractor's tools,construction equipment,machinery and surplus materials from and about da', W "'f a o 7 , t � §"3:15 2 If{the Contractor,fails to cleanup as provided in the Contract Documents,the Owner may do so and Owner C0 r. shall be5entitled to reimbursement from the Contractor. I•y � V 3 r � � ' � § 1,1 ACCESS 3TO WORK r.` s The.Contraetor shall provede'the Owner and Architect access to the Work in preparation and progress wherever ; fi y r p 7 tr a1 n i Ul -y/ - Iq me t §417ROYALTIES, ,PATENTS AND COPYRIGHTS t TheContractor shall pay all royalties and license fees.The Contractor shall defend suits or claims for infringement ,,,,. of copyrights and�patent rights anc3sha11 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 & ! AF t zs manufacturer or manufacturers�is."r`egiaired by the Contract Documents,or where the copyright violations are s 2 t w 11114666i e intDrawings;°Specifications or other documents prepared by the Owner or Architect. However, if the `Coritraclor has reason to believe that the required design-,process or'product is an infringement of a copyright or a t " 'patent;the Contractor shall�be responsible for such loss unless such information is promptly furnished to the 1r atv a ATChltect �as> . §�3`e18 INDEMNIFICATION T ` @ § 3.18.1 To,th`e fullest exten't,permitted by law the Contractor shall indemnify and hold harmless the Owner, t Construction Man ger„Arclirtect;•tArchitect's consultants,and agents and employees of any of them from and �agamst olaims,Fdamages"lo"sses and expenses,including but not limited to attorneys'.fees and expert witness fees, t ,arising out{ofor resulting from performance of the Work,provided that such claim,damage,loss or expense is $ 3, attributable"to€bodily�injury, sickness,disease or death;or to injury to or destruction of tangible property(other than ** the Work itself) butonly 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 ,tor not such�claim;damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall 'snot be construed-to negate,abridge,or reduce other rights or obligations of indemnity that would otherwise exist as oto a�partyiLopperson described in this.Section 3.18. In the event Contractor is liable for all or any portion of any r "7s a claim,damages, Losses or expenses, Contractor shall reimburse Owner for its reasonable attorneys' fees, expert nwitness,,fees, aiid eosts 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 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 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 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) 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. Kl�l�At RTICLE 4 ARCHITECT 1;,GENERAL § 41 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 �. j_L_Agreement and is referred to throughout the Contract Documents as if singular in number.The Architect shall t 1 designate in writing a rep resentative who shall have express authority to bind the Architect with respect to all g g P Y P matters relat6d.to the Project.The term "Architect"means the Architect and the authorized representative. [ § 4i1 2 Duties,responstbilrties and limitations of authority of the Architect as set forth in the Contract Documents I4, r shall not be'restricted,modified or extended without written consent of the Owner,Contractor and Architect. f VConsent shall not be unreasonably withheld. I ti say py dy ',�"� a `" ICY ('v x s hha. .. employment of theme Architect is terminated,the Owner shall employ a successor architect as to whom ' the7Contractor has no'-reasonable objection and whose status under the Contract Documents shall be that of the i ( Architecti r. ; � § 4';2-ADMINISTRATION�OFJHE.CONTRACT § 411 tT q,' 'chiteet will`provtd'e administration of the Contract as described in the Contract Documents and will be ��an Owner s•representattve during construction until the date the Architect issues the final Certificate for Payment. (} P 11� k f'Y n' I� itie>Archrtect will have authority to act on behalf of the Owner only to the extent provided in the Contract DOCuments'.� s da' a ass 1f Alt, 4 2f e_Ar6hit6d,� ilhvistt the site at intervals appropriate to the stage of construction,or as otherwise agreed rb ' 1with the Owner'Ao become" en61ly familiar with the progress and quality of the portion of the Work completed, ,F �sand to.-determme�.general if ttie Work observed is being performed in a manner indicating that the Work,when fiilly completedwtll be m accordance with the Contract Documents.However,the Architect will not be required to ray 4iiiA exhau"strvenor continuous on-site inspections to check the quality or quantity of the Work.The Architect will ,nofhave,controI over,charge%,of,or responsibility for,the construction means,methods,techniques,sequences or ,procedures, or for tlie�safety precautions,a�nd programs in connection with the Work,since these are solely the Coritractor,rights and'res" risibihiies under the Contract Documents,except as provided in Section 3.3.1. a,r f&' M�: 4.2�3;On the basis ofthe site''vIsits,the Architect will,keep the Owner reasonablyinformed about the progress and quality oft}%portion oftheXork completed,and report totheOwner(1)known deviations from the Contract Documents and.from the most,recent construction schedule submitted by the Contractor,and(2)defects and �ddficiencies'observed in the'Work''The,Architect will not be responsible for the Contractor's failure to perform the a, ''�'� Work mraccordance with the requirements of the Contract Documents.The Architect will not have control over or e'er. r ,=*� "i `#�-�Tcharge of and will not be responsible for acts or omissions of the Contractor, Subcontractors,or their agents or y -i`employees,or),any other persons or entities performing portions of the Work. a } , ' f § 4:24 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION Exce t 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. Communicationsby and+with the Architect's consultants shall be through the Architect.Communications by and_ A " with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate g ,contractors shall be through the Owner or the Construction Manager. the Architect's evaluations of the Contractor's Applications for Payment,the Architect will review *1 � and certrfy the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable,the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 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 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 Init. Institute of Architects.All rights reserved.WARNING:This AIA'` Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 23 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers,their agents or employees, or other persons or entities performing portions of the Work, f: r - gar ;i 4.2:7 The Architect will review and approve, or take other appropriate action upon,the Contractor's submittals A 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 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 v installation`or performance�of equipment or systems,all of which remain the responsibility of the Contractor as required bythe:Conteact;Documents.The Architect's review of the Contractor's submittals shall not relieve the �,Cbhtractor;bfthe obligattons,,under Sections 3.3,3.5 and 3.12.The Architect's review shall not constitute approval of safety precautions or,unl'essjotherwise specifically stated by the Architect,of any construction means,methods, tecliniques,sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an 1` ass`embly of whichatheaitemis acomponent. Construction Manager will prepare Change Orders and Construction Change Directives. The Architect P,'Yt'm^Rn r may authorize mmor�?changes in the Work as provided in Section 7.4.The Architect will investigate and make ki f ” V ,* determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. 4, I w ` ' § 42 9Ttie{,Architect will conduct inspections to determine the date or dates of Substantial Completion and the date x:qa of'final coriipletion`"issue Cer`tifi'cates of Substantial Completion pursuant to Section 9.8;receive and forward to the r t tOwner,for the Owner`'s review and records,written warranties and related documents required by the Contract and 'ms6ffibled',byl ee, nfrac0 pursuant to Section 9.10;and issue a final Certificate for Payment pursuant to Section t � F ppi 9 1Or� I r - §,;t,41 0 J f th itect agree,the Architect will provide one or more project representatives to assist in ,Icarrying out the Architect sresponsibilities 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. q`�` d §'A2.1 X1 The Architect will mterpre and d cide 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 • R I �� X11 be made to wrrtmg�withmany"time limits agreed upon or otherwise with reasonable promptness. :ria., � s.t•`^`� §`,.42,12 Interpretations and decisions of the Architect will be consistent with the intent of,and reasonably inferable "f-6th-theV6ritract Docume is antlrwill,be in writing or in the form of drawings. When making such interpretations 41x rz��i�4}a"�*, 4r'SBFT o-tr td s *^w �" tv- 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. yt S tY § 4.2.13 The Archrtect s decisions,on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. a wx { r ' n X21", »y r § 4.214 TheArchitect will review and respond to requests for information about the Contract Documents.The w; y b�Architect's response tosuch requests will be made in writing within any time limits agreed upon or otherwise with r ° "'reasonable promptness: tf appropriate,the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ' �� ARTICLE5 SUBCONTRACTORS § 51°1A,Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of r � ' � theWork at�'the„site.The term "Subcontractor”is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor.The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 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 24 reproduction or distribution of this AIAo 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) § 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 Documerits as if singular in number and means a Sub-subcontractor or an authorized representative of the a Yt. f „ � Sub-sUbcopn tractor. .§,-5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK Contractor,as soon as practicable after award of the Contract, shall furnish in writing to the Owner f' a=t}irough 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 I Architect has reasonableobjection to any such proposed person or entity or(2)that the Architect requires additional z �� J time for review rFailure oft"'he Construction Manager,Owner or Architect to reply within the 14-day period shall �,constitute�notice:of no reasonable objection. Al j :,,§,,,&-2.2114"Contractor shall°not contract with a proposed person or entity to whom the Construction Manager, Owner"66 Architeet has made'reasonable and timely objection.The Contractor shall not be required to contract with anyone to whom the Contractor--has made reasonable objection. sf� >,y, .. § 5:2,31f the Construction Manager,Owner or Architect has reasonable objection to a person or entity proposed by theConti•actor;ythe'Contracto 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, tt the Contract Sum acid ContractTime shall be increased or decreased by the difference, if any,occasioned by such tchange,andan appropriate C}ange Order shall be issued before commencement of the substitute Subcontractor's t Work However,no mcrfease1A a Contract Sum or Contract Time shall be allowed for such change unless the -•'Y� x� h' A i Contractor hasct aed promp�tly and responsively in submitting names as required. , T 11 t }ryw.1 f ", I, § 5.2.4;,The Contractor 8hall,notjsubstitute a Subcontractor,person or entity,previously selected if the Construction. s Manager,Owney'or`Architect makes reasonable objection to such substitution. trig ti � xtit..,tj F Grr-it - 'f I §5 2 5 The Contractor shall,after receipt of Notice to Proceed and approval of the list of subcontractors and i Fmaterial sup tiers,place orders for all equipment,materials,and supplies required for the Work with reasonable a promptness.7. .%-y..Contractor shall submit to�the Construction Manager evidence that such orders have been placed. "1 d`s''f G'§ 5.'3 SUBCONTRATUAL RELATIONS f B `a ro r►ate writta eem'ent; Y PPPt�' �Ihe"Contractor shall require each Subcontractor,to the extent of the Work to be S � �w en�. performed,,by thi FSubcontr Ator,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 z i Subconttactor'sWork,which`the Contractor,by these Documents,assumes toward the Construction Manager, L i r ,6Owner and Architect Each"subcontract agreement shall preserve and protect the rights of the Construction Manager, 4 Owfi grid Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor iso th subcontracting the eoftwill not prejudice such rights,and shall allow to the Subcontractor,unless specifically provided othervutsem 4hells6bcdtitract agreement,the benefit of all rights,remedies and redress against the i> t Contractor that the Contrir"actor,*.V4he Contract Documents,has against the Owner.The Contractor shall require each ttF i Subcontractor to enter into'similar agreements with Sub-subcontractors.The Contractor shall make available to each t r 1 ,,,,,,proposed,, i bcont ractor,prior to the execution of the subcontract agreement,copies of the Contract Documents to Y'`,iO'ich the^Subcontractor will be bound,and,upon written request of the Subcontractor,identify to the Subcontractor f, x -terms and condrtioris ofthe 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 i �t 3 : P U{ n r „ ,",,subcontractoriagreements upon request. # � �t k§V,5 4rCONTINGENT ASSIGNMENT OF SUBCONTRACTS > ^„ § 5y41 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner,provided that 1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing;and AIA Document A201 T^'—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 25 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) .2 assignment is subject to the prior rights of the surety, if any,obligated under bond relating to the Contract. k WhWth&Owner accepts the assignment of a subcontract agreement,the Owner assumes the Contractor's rights and obl►'gations under the subcontract. (r.w,n 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. T u " g § 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 shallnevertheless remain legally responsible for all of the successor contractor's obligations under the jt;` � subcontra&. xr -ARTICLE"6r" CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS JI OWNER'S RIGHT,10,PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS §'6.1 1 The Owner 1,eservesthe.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 r:! E' portrwns related t61nsurance,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, A§ 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. l ",§ 6�1 3 TheOwiei•shall provide'through the Construction Manager for coordination of the activities of the Owner's own forces andbf each sepa"rate contractor with the Work of the Contractor,who shall cooperate with them.The 41,C Contractor,shall participate with the Construction Manager,other separate contractors and the Owner in reviewing ( $ theiJ construction schedules.The Contractor shall make any revisions to the construction schedule deemed necessary £ after anoint review.and mutual agreement with the Construction Manager and the Owner.The Contractor's -+cb Construction Schedule,aswrevised, shall-then constitute the schedules to be used by the Contractor,Construction 1 � Manager;separate contractors and the Owner until subsequently revised. § 61�4,Unless otherwise;provided.in the Contract Documents,when the Owner performs construction or operations _ l r related to`the Project with the Owner's own forces,the Owner shall be deemed to be subject to the same obligations r r lk andoto have th&sam'e rights that applyeto the Contractor under the Conditions of the Contract,including,without �eXClllalllg others,those stated m Arf'icle3;this Article 6 and Articles 10, 11 and 12. •! 'yy," do y�,�;,+•ni�`v,,� m I,;Ih"ur Y- s K § 62 MUTUAL RESPONSIBILITY �§ 6:21�`The Contractor shall'rafford the Owner,the Construction Manager,the Architect,and separate contractors reasonable'opportunity f0rintroduction and storage of their materials and equipment and performance of their activities,and shallconn' Band coordinate the Contractor's construction and operations with theirs as required by i s. 3 the Contract Document . h t .2.2 If' of the Contractor's Work depends for proper execution or results upon construction or operations by � nv.,4� { {the:Owner ora 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 thatwould render it unsuitable for such proper execution and results. Failure of the Contractor so to e � `report sl all constitute an acknowledgment that the Owner's or separate contractor's completed or partially Fa,6Rlt r� t�, z sx tx r �` construction is fit and proper to receive the Contractor's Work,except as to defects not then reasonably N,,,�,discoverable,through the Contractor's reasonable diligence. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor's delays, improperly timed activities,failure to properly protect work in place, damage to the Work,or defective construction.The Owner shall be responsible to the Contractor for costs the AIA Document A201 T1—2007.Copyright m 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The,Amencan Init. Institute of Architects.All rights reserved.WARNING:This AIRF Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 26 reproduction or distribution of this AIAO 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is notfor resale. User Notes: (1445676088) 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 prom ptly.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. §y6:2 5The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are ,_,described for the Contractor in Section 3.14. F . 633 OWNER'S RIGHT'TO CLEAN UP If a,dispute,arises among the Contractor, separate contractors and the Owner as to the responsibility under their trespective ontracts for maintaining the premises and surrounding area free from waste materials and rubbish,the 12 Owner may'_clean up41 1 and the Construction Manager will allocate the cost among those responsible. I i, r -ARTICLE,,7; CHANGES`IN'THE'WORK f § 71 GENERAL t `' . § 7.1 1 Changes mfhe 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. e ` I Ariy�increase or decrease to the Contract Time or Schedule resulting from changes to the Contract i <, Documerits�sha11 lie included m each Change Order. Responses to requests from the Owner,or Claims from the ' ^' Contractorfor ari ase.in the°GMP shall include, if applicable, any request for change of the Contract Time or , , rx Scli'edule and,the cost associated therewith. In the absence of an adequately documented request for change of the ` i`< 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. :.� 4, � § 7,113`°The total;allowa ,e overhead and profit on changes in the Work included in the total cost to the Owner " shall be based on the following schedule: py 1 For ,the Contractor,for Work performed by the Contractor's own forces,the Contractor's Fee stated in � �� Section ST�l 1 .� I , t For the Contractor,folrM&Ic performed by the Contractor's Subcontractor,the Contractors Fee stated I ,,r qua l'l I �"s;-^:'y1`- ' 3 For each Subc ontractor�or.Sub-subcontractor involved,for.Work performed by that Subcontractor or x Sub subcontractor's d*n,,orces;,'ten percent(10%)of the cost. .4�For each Subcontractor,for Work performed by the Subcontractor's Sub-subcontractors,five percent (5%)of theltamourrt"due�the sub-subcontractor. Z V , 5 Cost to which overhead and profit is to be applied shall be determined in accordance with Subsection ,�1 �f.��,�`x ^fid §�7n1 3 Each Change Order request,Construction Change Directive price,or claim submitted by the Contractor € � .-shall be accompamed,,,by a complete itemization of costs including labor,materials,and subcontracts. Subcontract lr ; a pricing shall also be itemized. 1 §17:1 4 A Change;Order shall be based upon agreement among the Owner,Contractor and Architect;a Construction t rata r Chane Directive requires agreement b the Owner and Architect and may or may not be agreed to b the � g � q Sr' Y Y Y Sr' Y T ontractor;`an o> er for a minor change in the Work may be issued by the Architect alone. IS § 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. 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 Init. Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 27 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 14:01:40 on 01/05/2015 under Order No.13445471931 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) § 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; The amount of the adjustment, if any, in the Contract Sum;and .3 The extent of the adjustment,if any, in the Contract Time. t � .4 Y y 0•' F�a;r C y P : § .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. f § 73 CONSTRUCTION CHANGE DIRECTIVES a §"7.31 A Consttuction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect;directing,a charige,in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract _ Time,or both The Owner iriay,by Construction Change Directive,without invalidating the Contract,order changes j � m the Work withiff the generat scope of the Contract consisting of additions,deletions or other revisions,the Contract.Sum and Contract�Ttrrie being adjusted accordingly. § 7:3 2 JA Coiistruction1Change Directive shall be used in the absence of total agreement on the terms of a Change "` a +; rirtls J Ordeii t4 << 4tr�Fta�Yi the Construction Change Directive provides for an adjustment to the Contract Sum,the adjustment shall be t.-,obas on one o-4 'e:'f6IIbwih'-methods: 4 .11 'Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to /f+7 permit,evaluation; Unit prices stated;in the Contract Documents or subsequently agreed upon; 3 Costto be determined in a manner agreed upon by the parties and a mutually acceptable fixed or �percentage fee;or �5 As provided`iif Section 7.3.7. 4sa n'§ ,6"'y 1, I'a nit al4 § 7.3 4rIf unit prices are,stated in the Contract Documents or subsequently agreed upon,and if quantities originally oniTV contemplated are materiallytchanged m approposed Change Order or Construction Change Directive so that application of such-unit'pii :es to4uantrtres of Work proposed will cause substantial inequity to the Owner or =' / �,Contractor,.the appllicable unitprices shall be equitably adjusted. Upon receipt 6`17'a' Construction Change Directive,the Contractor shall promptly proceed with the change in I roi ttieWork'inv olved°and advise the Architect of the Contractor's agreement or disagreement with the method, if any, # provided if the Construction Change Directive for determining the proposed adjustment in the Contract Sum or �� � � Contract Tined�' ( x 5 � �ry 1�, k,�.`�•� 473 6A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, 1 �; I is 7 xif including adjustment in Contraof`--Sum and Contract Time or the method for determining them. Such agreement shall be;�effectivmmediately and shall>be recorded as a Change Order. E 7.3.7 Ifthe 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 n an p s c expenditures d saving's 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 Contractoreshall keep and present,in such form as the Construction Manager may prescribe, an itemized accounting a� y together with appropriate supporting data. Unless otherwise provided in the Contract Documents,costs for the purpose siuRnisSection 7.3:7 shall be limited to the following: Costs of labor,including social security,old age and unemployment insurance, fringe benefits •,.. $ xi required by agreement or custom,and workers' compensation insurance; .2 Costs of materials, supplies and equipment,including cost of transportation,whether incorporated or consumed; .3 Rental costs of machinery and equipment,exclusive of hand tools,whether rented from the Contractor or others; AIA Document A2011"—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 28 reproduction or distribution of this AIAO' 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 14:01.40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) .4 Costs of premiums for all bonds and insurance,permit fees, related to the Work;and .5 Additional actual costs of supervision and field office personnel directly attributable to the change. §--J.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 prof t shall be figured on the basis of net increase, if any,with respect to that change. sw § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner,the Contractor �w may requestpaymenttfor Work completed under the Construction Change Directive in Applications for Payment. x �� �Th6 Architect will make ap 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 '� I as a Change Order`subleet to-the right of either party to disagree and assert a Claim in accordance with Article 15. k _ §X7310 Wlien�the Owner a d Contractor agree with a determination made by the Architect concerning the adjustments,tn the Contract,Sum and Contract Time,or otherwise reach agreement upon the adjustments,such I agrei ment�shall be effective�immediately and the Architect will prepare a Change Order. Change Orders may be Issued.for all or anypartof a Construction Change Directive. t §z7 4 INORI CHANGES IWTHFMORK iTheaArchltect liasauthority�,to order minor changes in the Work not involving adjustment in the Contract Sum or a AV" extension of the Contract ime and not inconsistent with the intent of the Contract Documents._Prior to issuing a I fl Minor'Change;the Archif&Jha11 notify the Owner,Construction Manager,and the Contractor of the nature,extent '� }anticipated time of�v ,v '�� s � and Issuance of the proposed directive. The Architect and Contractor shall make adjustments to r t�iPthe Contract Documeri&t6,reflect the proposed directive for the review of the Owner, Architect and Contractor.If A,`,the.Contractor should determine that the proposed directive will increase the cost and time of completion of the w ` Wt Work,or,Impactthe Contractgr`'s ability to construct the work in accordance With the revised Contract Documents, / y y thenithe CoirtractII so;notify the Owner, Construction Manager,and the Architect. The Contractor shall not ti .4 ch + 1r proeeed Without an;approved Change Order or Construction Change Directive. ��4 roe 5. ' } �aT� p, 'ARTICL'Ef8 I' TIMEi § 8.1�DEFINITIONS '" n °r , ' ',§AA 1 Unless otheiwlse provided Contract Time is the period of time,including authorized adjustments,allotted in �-the ContracfDocuments�for�Substantial Completion of the Work. 81I The date.of'commencement bf the Work is the date established in the Agreement. l . Thedate-of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. 8:�1 4 The term"day"gas us e ed in the Contract Documents shall mean calendar day unless otherwise specifically ,; t defind. Pim, i +7 zb: § 82 PROGRESSh,CET1ON r `ig�hr9 � §F-8.21 Tlmm ejlllts�stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor co riii s,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 1 {..„ X9 7 commenceoperations on the site or elsewhere prior to the effective date of insurance required by Article I 1 to be furn�shedby�the�Contractor and Owner.The date of commencement of the Work shall not be changed by the XIE � t ''effeet�ve$date of such insurance. tAi 7IMa � ai �a iil ;nra l�,da , Contractor'shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 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 International Treaties.Unauthorized 29 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) § 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 ;N Substanial Completion,and Final Completion within the times stated in the Contract Documents. —1:1.25,thi the event that the Contractor fails,or appears likely to fail,to complete a Contractual Milestone or M, 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 tany'or all of the following options: I,§ 8:2.5.1 Require the Contractor to prepare a Recovery Plan to get back on schedule within ten(10) days. § 8`2 51 1�w,Af the Recovery Plan proposed by the Contractor does not reflect completion of the Project by the ,"ap'plicable.,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 � F, i �Manager,may require the Contractor to take any of the actions set forth below and its subsections without additional P t r i cost to the°Owner,Construction Manager, or Architect,to makeup the lag in scheduled progress. rr� N' 4 r ^r! '` §"8.3 5 2' Require'the Contractor to increase its work force,work overtime,and/or extra shifts,and do whatever i.p else"ts required by�the.-O�eIr until Contractor gets back on schedule as established by the Contractor's �I Construction Schedule(including any updates thereto), such measures being at no extra cost to Owner. `17�� '�iii 8,25 3x,Withhold,progress payment in accordance with Section 9:5.1. w l 1a r'yitr ,� t 8`2 5 4 #Contact or visitany'factory, plant or distribution center whose production or delivery schedule may be causmg a delay to the scheduled completion of the Work,and expedite same,at Contractor's expense. s34rt, 8 215.5, Failure of the Contractor to substantially comply with the requirements of Section 8.2.5 shall be grounds r ,fora determination"by,the Owner that the Contractor is in breach of this Contract by failing to prosecute the Work to a ensure its completton within both the Contract Time and the updated Contractor's Construction Schedule. §P8 3 DELAYS AND.EXTENSIONS OF TIME § 831rlfitlieContractor is delayed at any time in the commencement or progress of the Work by an act or neglect of i�P > � x�+�+ j the Owner-nor"=Arcliitect,rConstruciion Manager,,or of an employee of either,or of a separate contractor employed by the Owner;xor by changes ordered in the Work;or by labor disputes,fire,unusual delay in transportation, 10 unavoidablecasualties or other=cau es'beyond the Contractor's control;or by delay authorized by the Owner penamginediation,;or�by other causes that the Architect or Owner determines may justify delay, then the Contract 5 � Tune shall,be`extended by�Change_9rder for such reasonable time as the Architect and Owner may determine.This -,provision shall not affect ori]imrt ithe Owner's rights against any party other than the Contractor. 51-3 2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. ; i t"'; § 8.3.3 ThisaSection'�8"3 does notipreclude recovery of damages for delay by either party under other provisions of the,Contract Documents�� ��;u � i G ,`IARTICLEI 9PAYMENTS AND COMPLETION ter'' §191 CONTRA&A- r ;'ii b g 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 L �� F "�'°T':�'�tr N � �. - Where the Contract is based on a stipulated sum or Guaranteed Maximum Price,the Contractor shall submit to the Cfh1n� ��s9 # yR� tuau p u p ARhitect and OQwner,through the Construction Manager,before the first Application for Payment,a schedule of r¢� �� ' values� iallocatthe entire Contract Sum to the various portions of the Work and prepared in such form and 1�w..�.� o supported by such data to substantiate its accuracy as the Architect,Owner and Construction Manager may require. The Schedule of Values shall include a separate line item for monthly updating of the As-Built Record Drawings in electronic format. This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. - 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 + 3n reproduction or distribution of this AIAQ' 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: \ (1445676088) � l s § 9.3 APPLICATIONS FOR PAYMENT At,least ten days before the date established for each progress payment,the Contractor shall submit to the r Archiiect`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 providedJn,Section 7.3.9, such applications may include requests for payment on account of changes in r fir the.xWork thatyhave been properly authorized by Construction Change Directives,or by interim determinations of the Architect,li`ut not yet included in Change Orders. + * x X 'I is % d P - , i § 33.1.2/Ab ',fi6atio 6 sfor"Payment shall not include requests for payment for portions of the Work for which the Contractordoes not intend to pay a Subcontractor or material supplier,unless such Work has been performed by others whom the'Contractor infends to pay. { `9.3 2,Unless�othettiviseproviaed in the'Contract Documents, payments shall be made on account of materials and j ,equipment,dehverepd andpsultably stored at the site for subsequent incorporation in the Work. If approved in advance # by the-wrier,payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon to writing Paymentfor materials and equipment stored on or off the site shall be conditioned upon #M; compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such stored ren + I materials and equipmlent,�.tivhich must be properly' labeled with the Project identification,must be in a bonded ware house imust f r besavailable" inspection by the Architect and Construction Manager,and must be accompanied 4 i s fib,a i, by documentary evidence as to quantity and value of materials,including insurance on the materials as evidenced by t # a+Certificate of Instirance,�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 I , r w" a r fnolater than t�het�tne�of'payment.The Contractor further warrants that upon submittal of an Application for ' Payment all Work for whict'„Certificates for Payment have been previously issued and payments received from the f r t.'� . Q&dershall to the best offthe Contractor's knowledge, information and belief,be free and clear of liens,claims, f # isecurity interests or'encumbrancest>n favor of the Contractor, Subcontractors,material suppliers,or other persons or r entities"making a claim by reason' of having provided labor,materials and equipment relating to the Work.Evidence 1r ` °�of"pa'yment for all work includes!in.previous payments to the Contractor shall be provided in writing from each -� , j �subcontractor�andmaterialsupplier § 93 4 'As,-a condition precedent to payment,the Contractor shall demonstrate that the As-Built Record Drawings + � x areupdatedm;electron>c format,�and;tlie Contractor's Construction Schedule is updated,through the date of the Application for Payment ` 4� �w, + § 9.4 CERTIFICATESFOR PAYMENT I § 9.411 The Architedf�0I l,r�wtthiriseven days after receipt of the Contractor's Application.for Payment, either issue i ` } to the Owne rlytd ir aaCertificaiefor Payment,with a copy to the Contractor, for such amount as the Architect determines ts,propeue,oc notify the Contractor and Owner in writing of the Architect's reasons for withholding `certi lcaton�in wh"ole'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, r based on the Architect's evaluation of the Work and the data comprising the Application for Payment,that,to the bestkofthe Architect's knowledge, information and belief,the Work has progressed to the point indicated and that. s � e,?qualRy of the Work is in accordance with the Contract Documents,and that the As-Build Record Drawings are updated tn�electronic format,and that the Contractor's Construction Schedule is updated,through the date of the A' I` iorr for Pa ment.The foregoing representations are subject to the Architect's evaluation of the Work for ; ..� � ,�_Pp ._ . ,Y g g P J 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 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 Init. Institute of Architects.All rights reserved.WARNING:This AIA`' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 31 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) of 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, tech nique`s, sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material lsuppliers,�and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)made ekd' ination to ascertain how or for what purpose the Contractor has used money previously paid on account of the __ Contract Sum. _ "t§ 9A'3 Retainage of five percent(5%)will be withheld. § 9:5 DECISIONS TO WITHHOLD CERTIFICATION The;Ai'chitecfmay,withhold a Certificate for Payment in whole or in part to the extent reasonably necessary t} tosprotect the.Owner,if m the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be`made. If he Architect i`s 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, s C&struction�Manager,and?Architect cannot agree on a revised amount,the Architect will promptly issue a Certificate'for Pay,Ment for the'amount for which the Architect is able to make such representations to the Owner. r 71ie Architect mayf also withhold a Certificate for Payment or, because of subsequently discovered evidence,may 1 nullify the whole or;a part of a'.Certificate for Payment previously issued,to such extent as may be necessary in the Architect'!opinibh�toiprbtddir�he Owner from loss for which the Contractor is responsible,including loss resulting from ac&and omissions described in Section 3.3.2,because of .'� 1 defective W6rk,not remedied; third"party claini§'filed or reasonable evidence indicating probable filing of such claims unless acceptable to the Owner is provided by the Contractor; r j 3 failure ofthe Contractor to make payments properly to Subcontractors or for labor,materials or 1 !t a ° equipmenta , reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum a r a 5 < damage torthe Owner ora separate contractor; k, r ri C y a 6 , reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balarice�would not be adequate to cover actual.,or liquidated damages for the anticipated delay; P or- repeated r repeated failure to carry out the Work in accordance with the Contract Documents, or :S 3 contractors failure to obtain necessary permits or licenses or to comply with applicable codes, f �r r .; '�` �: regulations,or other�laws,;or 9 failure to maintain`ciirrent As-Built Record Drawings in electronic format;or ' 10` failure to mamtam:a�&rrent,updated Construction Schedule;or r r s'� `11 �fail'ure of the Contractor to comply with provisions of the Contract Documents. ' # 95 2When'the above reasons for withholding certification are removed,certification will be made for amounts � t' 4{ previously withheld;ln;the'event tlie,Afchitect nullifies a previously issued Certificate for Payment,and the Owner has;prior fo 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 lAppllcationforPaymegt,until the reasons for nullification of the previously issued project Certificate for Payment have been reme' i j' r "I` s.�re�a t .'t .�q r? i q §,9.5 3 Ifthe Architect withholds certification for payment under Section 9.5.1.3,the Owner may,at its sole option, 4� rissuejoint checks to thte 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 ' v ` Owner makes payments by joint check,the Owner shall notify the Architect and the Architect will reflect such r�3a , payment on-the next Certificate for Payment. 141 § 95 4 The Contractor shall not stop work or terminate the Contract if the Architect should refuse to issue certification a under Section 9 54or its subsections or any other portion of the General Conditions as supplemented herein. P § 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. 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 Init. Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 32 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) § 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 t ` R agreement with each Subcontractor,require each Subcontractor to make payments to Sub-subcontractors in a similar i s §,.9 6 V The Contractor shall not withhold from any Subcontractor sums due the Subcontractor for completed Work -wli'ich�has been paid for by the Owner. Sums withheld by the Owner from the Contractor for deficiencies solely � 8 attributable to the Contractor shall not be grounds for the Contractor to withhold sums due to any Subcontractor. E§ 9:6.3 Thestruction Manager will,on request,furnish to a Subcontractor,if practicable, information regarding C i ,peX6rcentages-of 6ompietion 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. §,1.6.4 The;Contractor shall'provide evidence to the Owner that the Contractor has properly paid Subcontractors and material and"eguipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work,beginning V with the second Application=for Payment. If the Contractor fails to furnish such evidence within seven days,the �i 6` shall)have the right to'contact Subcontractors to ascertain whether they have been properly paid.Neither the I B' �, x('� "}. t-;V ,✓a „ ,ta' Owner nor>Archiiect shallxhave an obligation to pay or to see to the,payment of money to a Subcontractor, except as I mayiotherwise besr`equtredRbylaw. C ' ! u § 9 6 5 Contractor payments`to material and equipment suppliers shall be treated in a manner similar to that ry i✓ ,provi'ded m;Sections 9 6 2,9 6 3'and 9.6.4. A Certifrcate,for�,Payment,a progress payment,or partial or entire use or occupancy of the Project by the x Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. /c4 s 7�F x '�,'`�y� ry 4a ,,€ , § 9 6 7 Payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be R held m trust'by the.Contractbf for those Subcontractors or suppliers who performed Work or furnished materials,or r both;'under.'contract'with=the Contractor for which payment was made by the Owner. § 97 FAILURE OF',,PAYMENT a m F�,Jfthe Arch itectdoes not issue a�Certiei i6 for Payment,through no fault of the Contractor,within seven days after �,�receipi of the Co ctor's Application fir Payment,or if the Owner does not pay the Contractor within seven days i rt rop after the date established m:the Contract Documents the amount certified by the Architect,then the Contractor may, / ,upon fifteeri,(15)additional-days written notice to the Owner and Architect,stop the Work until payment of the 4�amoun_lQJ ng has`been received The Contract Time shall be extended appropriately and the Contract Sum shall be t increased by the..amount of the Contractor's reasonable costs of shut-down,delay and start-up,plus interest as propided for I"the Contracf,DWcuments. -,§',,9.8SUBSTANTIAL-,COMPLETION F") § 9.8.1 Substantial C ibplet on is�the stage in the progress of the Work when the Work or designated portion thereof I is sufficiently complete m accordance with the Contract Documents so that the Owner can occupy or utilize the d W Work for it intended use:" 1 , § 9 8.2 When the Contractor considers that the Work,or a portion thereof which the Owner agrees to accept a.q 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 ire r Contract Documents. + ,x +3aE ti 511PY # �P'§'98 3 Uporeceipt of the Contractor's list the Architect and Commissioning Agent will make an inspection to �, determ�newhether the Work or designated portion thereof is substantially complete. If the Architects 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. 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 33 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) r` In such case,the Contractor shall then submit a request for another inspection by the Architect or Commissioning Agent,to,determine Substantial Completion. .... � 1 § 9 8 4 When the Work or designated portion thereof is substantially complete,the Architect will prepare a ertificate 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 trisararice,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. The.Cer`tificate of Substantial Completion shall be submitted to the Owner and Contractor for their written �{ acceptanceSofre_sponstbtlities assigned to them in such Certificate. Upon such acceptance and consent of surety, if All any;the Ownershall make'payment of retainage applying to such Work or designated portion thereof. Such payment N shall be a"djusted foi1'200%o of�the value of the Work that is incomplete or not in accordance with the requirements of r ? the,;'Contract Documents ` The value of the incomplete or noncompliant Work shall be based on the Cost to the o Owner to,complete or repair the Work using other Contractors. The Contractorshall provide a digital video record of all Owner staff training and commissioning of r equipments These videos "Il ;become a permanent part of all Operations and Maintenance manuals as applicable. 1 1 §`98 7 kThe Contractor shall furnish the Owner "As-built Record Drawings"on CD disk using AutoCAD Version it � �,.yr. s ih ,�k2004,or later and one set of reproducible mylars,certified and stamped by an engineer licensed in the State of Colorado ,The Architect shall�,fi cnish one set of the original bidding documents to the Contractor for this work as �q "backgrounds,'in,electromc media as described above. Record Specifications shall be similarly modified,using the ' 1 latest version of MS.Word Windows XP. The Contractor shall furnish the Owner"As-built Record Drawings"on ' i compact is at Final Completion. r § 9:9 PARTIAL'q OCCUPANC�Yx.OR USE l& r r. k § 9.91 The'Owner,may occupy or use any completed or partially completed portion of the Work at any stage when such portion Cs designated-fiy 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 °tom t Projects Such partial occupancy or use may commence whether or not the portion is substantially complete, provided ; s theOwneriandContractor have acceptedin writing the responsibilities assigned to each of them for payments, f . retainage,if any,security,mamtenancefieat,utilities,damage to the Work and insurance,and have agreed in writing,concernmg the periioad for:correction of the Work and commencement of warranties required by the Contract �Docwnents When�the Contractor considers a portion substantially complete,the Contractor shall prepare and Q ° fly, u,�" 6a'�' 4—•r submit a list to the"Architect and Construction Manager as provided under Section 9.8.2. Consent of the Contractor O � x. .,;,,to p'art�al occupancy or use shallnot be unreasonably withheld.The stage of the progress of the Work shall be r � f"determinedby wcitten,agreement,between the Owner and Contractor or, if no agreement is reached,by decision of : th&Architect YAC d�} N a x' § 9.9.2 Immediately,prior to such partial occupancy or use,the Owner,Construction Manager,Commissioning � s a`' r 9 ' Agent Contractor andgArelitect shall jointly inspect the area to be occupied or portion of the Work to be used in j..b I t :a37order to determine and carefully document the condition of the Work. � xi V 1 nit 4 Glx 4 t f 1"t ] , � 'i � �, �� § 9.9 3 Unl"essothelwise agreed upon,partial occupancy or use of a portion or portions of the Work shall not --constitute accepfance,ofWork not complying with the requirements of the Contract Documents. § 9-10,FINAL COMPLETION AND FINAL PAYMENT I'="' Ys, k tb tur6Q�1 y f1:i �F7,§,9.-1 k!4&s1't § 9x101 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance,a Mia Y i '1 " t ,ce r ;{,` , Final Certificate of Occupancy has been obtained on each building, and upon receipt of a final Application for `Paynent,Ahe Construction Manager will schedule the Architect and Commissioning Agent to promptly make such ^fiZt ir►spection a i i6en 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 AIA Document A201T"—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 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) 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. '-§i91012«Neither final payment nor any remaining retained percentage shall become due until the Contractor submits �toahe Architect(1)an affidavit thatpayrolls,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 gxpire until at least 30,,days' prior written notice has been given to the Owner,(3)a written statement that the 'bno Contractor knows of substantial reason that the insurance will not be renewable to cover the period required by �ContractDocuments,('4)consent of surety, if any,to final payment and(5),if required by the Owner,other data establishin g"payment or,satisfaction of obligations, such as receipts,releases and waivers of claims,security interests or encumbrance's arising out of the Contract,to the extent and in such form as may be designated by the Owner. If ,d,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 � pajinents are made;dth'e Contractor shall refund to the Owner all money that the Owner may be compelled to pay in d # r r a; dischargmg`such°cla m`including all costs and reasonable attorneys' fees. § 9,1013 Ifafter Substantial>Completion of the Work, final completion thereof is materially delayed through no fault g 't of the�Contract&Ur by issuance of Change Orders affecting final completion,and the Construction Manager or f7-e" 1° r Architect so confirm the30wnershall,upon application by the Contractor, or recommendation by the Construction s Manager;`and`certification by,the Architect,and without terminating the Contract,make payment of the balance due C t � fior thavportion oftfi6Workk 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 �� .' *�'M� } consent,of surety=to,payment of the balance due for that portion of the Work fully completed and accepted shall be s 'f [ "'' ,i submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made ,, E under terms,and conditions�igoverning final payment,except that it shall not constitute a waiver of claims. ` �i§�9.10 4 The�makirig of fin ;payment shall constitute a waiver of Claims by the Owner except those arising from hens ldims,security interests or encumbrances arising out of the Contract and unsettled; I ' 2 failure of the:;Work to comply with the requirements of the Contract Documents; or terms of special warranties required by the Contract Documents. t , �u. .. 10'5iAcceptance offinal paymentjbyrthe Contractor,a Subcontractor or material supplier shall constitute a i 4waiver of cl,alms by that payee exceptthose previously made in writing and identified by that payee as unsettled at ' �„1 the"timeof f n'I Application{for Payment. .VIII ARTICLE 10k PROTECTIONxOFi,PERSONS AND PROPERTY SAFETTY S PRECAUTIONS'AND4 :aPROGRAMS =.a.- The'Contractor shall be responsible for initiating,maintaining and supervising all safety precautions and programs rr .,.,inrconnection with the performance of the Contract. § I1,01 SAFETY OF PERSONBAND PROPERTY % § 10 21,,The Contractor shall°take reasonable precautions for safety of,and shall provide reasonable protection to s prevent damage;l,injury or loss to V,,,f6moloyees on the Work and other persons who may be affected thereby; ' � r ZE3, 2 the,Woek 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 a �;` 3 r 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 '�ofconstruction. Ali14 rt .y - § 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. v AIA Document A201 T"—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 35 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) § 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. 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 ofproperly 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. a a § 10.2.5 The Contractor`shall promptly remedy damage and loss(other than damage or loss insured under property insurance required by theUontract Documents)to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in'partaby the Contractor,a Subcontractor,a Sub-subcontractor, or anyone directly or indirectly employed by,-Any of them,or by anyonefor whose acts they may be liable and for which the Contractor is responsible under I ,' Sections 10:2`1`2 and 10,2.1, 0 2.1'3`,.except damage or loss attributable to acts or omissions of the Owner or Architect or ja anyonedirectly or tndirectly employed by either of them, or by anyone for whose acts either of them may be liable, _id not attributable to the fault or negligence of the Contractor.The foregoing obligations of the Contractor are in addition t&a Contractor s:obhgations 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 theprevention of accidents.This person shall be the Contractor's superintendent unless otherwise -designated by the Contractor in-,,Writing to the Owner and Architect. " §`,10.27 The Contractorshall not permit any part of the construction or site to be loaded so as to cause damage or ,create an unsafe condition , fit„ 10 2 8 INJURY�OR,DAMAGE TO PERSON OR PROPERTY r fo,tIf 6ith&'panty suffers injury or�damage to person or property because of an act or omission of the other party, or of 4 d„�f tix 1 F . . .z` others for whose acts suchtparty is legally responsible,written notice of such injury or damage, whether or not a 4insured,sh'll be given to the other party within a reasonable"time not exceeding 21 days after discovery.The notice w < t t shall provide sufficientidetail to enable the other party to investigate the matter. § 10�3 HAZARDOUS MATERIAL&` "> m a ( 6 1 §x'10 31 The i Contractor s respon!Aleyfor compliance with any requirements included in the Contract Documents i ) regarding hazardous materials 'If.the-Contractor encounters a hazardous material or substance not addressed in the r r Con tract'Doeuments and ifeasonable precautions will be inadequate to prevent foreseeable bodily injury or death ( n 5cB to°persons resulting'from a material'br substance,including but not limited to asbestos or polychlorinated biphenyl encountered on the site by the Co tractor,the Contractor shall,upon recognizing the condition, immediately 1 kf stop Work4 iii.the,affe6ted areaYAhd report the condition to the Owner and Architect in writing. "w §r10 3.2 Upon receipt of the,Contractor's written notice,the Owner shall obtain the services of a licensed laboratory L ' to verify the prese'n'ce or' absenceof 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.qualifi ations 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. �� a �t= ,` —Ttie`Constructio_n Manager,Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has rea onable objection to the persons or entities proposed by the Owner.If either the Contractor or Architmt,has anobjection to a person or entity proposed by the Owner,the Owner shall propose another,to whom ,A the Contractor antd the Architect have no reasonable objection. When the material or substance has been rendered ,�harmless,Work in me 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 tlie'Contractors"easonable additional costs of shut-down,delay and start-up. § 10.3.3 Omitted. 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 Init. Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 36 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) § 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. v_ _ §L,10 3 5-The Contractor shall indemnify the Owner for the cost and expense the Owner incurs(1)for remediation of .4a material or substance the Contractor brings to the site and negligently handles,or(2)where the Contractor fails to :p pe�rforfti its obligations under Section 10.3.1,except to the extent that the cost and expense are due to the Owner's R " � 'ufault�or negligence. ,10.3.6 Omitted. EMERGENCIES �t Inian emecgencyj affecting safety of persons or property,the Contractor shall act,at the Contractor's discretion,to i i prevent thr, enedf$amage,injury or loss. Additional compensation or extension of time claimed by the Contractor 'on accountyof an emergency shall be determined as provided in Article 15 and Article 7. n t 4 t €- v .c. a i -,z,y t } ARTICLE 1.1f IkNSURANCE AND BONDS ;---§A1 1 CONT RACTOR'S�LIABILITY INSURANCE ,.� §X11 1 1j The Contractor shall,purchase from and maintain in a company or companies lawfully authorized to do business in Che'iurisdiction,ini vhich the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations and completed operations under =1for9,whlch the Contractor maybe legally liable,whether such operations be by the Contractor or by the;,Contract and i il ra Subcontractor or1liyanyon`e=directly or indirectly employed by any of them,or by anyone for whose acts any of 1 i ,thefii may be liable workers' compensation,disability.benefit and other similar employee benefit acts that f f `;r are applicable to the Work to be performed; u AC .vi, x xr+r,axt i '- �' "r sr. N f 2 a Claims for damages because of bodily injury,occupational sickness or disease, or death of the Contractor s employees; l Claims for damages because of bodily injury, sickness or disease, or death of any person other than t Contractor's employees; i,4 Claims for damages insured by usual personal injury liability coverage; 4a. for"damages,.other than to the Work itself,because of injury to or destruction of tangible — property,includmgfloss"ofuse resulting therefrom; 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 1'-,Clatms for bodily injury or property damage arising out of completed operations;and 1° ted , 8 aims mvolvmg contractual liability insurance applicable to the Contractor's obligations under f Y I "Section 38' ast!:.0 r eft ^tin aha. xw � � 3• 11 1 2 TH6 insurance re uired 6 ~Section 11.1.1 shall be written for not less than limits of liability specified in the n5trac r C ot Documentsof'req'uired 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 1 fibf ✓��Te'Y` � �'��t Y Woirkluntil the date of final.»payment and termination of any coverage required to be maintained after final payment, 6Znd,with respect to the Contractor's completed operations coverage, until the expiration of the period for the statute 4 ,x of repose for the Work under Colorado law. s Certificates*osurance acceptable to the Owner shall be filed with the Owner prior to commencement of Y the Work and thereafter upon renewal or replacement of each required policy of insurance.These insurance policies w. required by this Section l 1.l.shall contain a provision that coverages afforded under the policies will not be "ca celedor 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 wy _Z ` f uchcovers e until the expiration of the time required by Section 11.1.2. concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate,or both,shall be furnished by the Contractor with reasonable promptness. AIA Document A201 T"—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 37 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is notfor resale. User Notes: (1445676088) § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include(l)the Owner,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,'M Limits of Insurance: _See'AIA A201-2007, Article 17,for limits of insurance. § 11.1.6 Failure to maintain insurance: Failure on the part of the Contractor to procure or maintain policies . , k providing the rrrequired coverages;conditions,and minimum limits shall constitute a material breach of contract upon I whichOwrier may immediately terminate this contract,or at its discretion Owner may procure or renew any such 1 x policy or any exiended`rep� orting 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 M x I v.< ,� premiums agamst)monies due ftom Owner. x a d §,A1 1 7� liisuranee Policies ,.Owner reserves the right to request and receive a certified copy of any policy and o ' � ,r a x adytendorsement thereto §'11 1 8 Governmental Immunity: The parties hereto understand and agree that Owner is relying on,and does not �waiye or intend,o,waiv�e by"any;provision of this contract,the monetary limitations or any other rights,immunities, I an`&protections provided byrtheColorado Governmental Immunity Act, Section 24-10-101 etseq.,C.R.S.,as from iI iinie,to tim `imended,tor,otherwise available to Owner,its officers, or its employees. �,� 4 P a I�nS 9 Owner's Insurance The parties hereto understand that the Owner is a member of the Colorado Intergovern- � " iiental Risk SharingAgen n(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 �inspectton.durriig,noormal busipess hours. Owner makes no representations whatsoever with respect to specific coverages offered by SA CIR .` Owner shall provide reasonable notice of any changes in its membership or 1,patli cipation inCIRSA ' i §1`1 1 f10f DetiuetibleThe Gontractor•shall pay any amounts not covered because of a deductible. I F § 11 2 OWNER'S LIABILITY INSURANCE` h" OP' - N 3f (t L The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Ids a{t � min`' 'a, Id J4 §'1 �. ' e 1 31PROPERTY�'INSURANCE � i �'. . § 1;131 Unless,otherwlse provided,the Contractor shall purchase and maintain, in a company or companies a �' lawfully authors edtodo business jnahe 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 r�-ti Contact Modifications and Amendments, and cost of materials supplied or installed by others,comprising total r t dy� value for th`e entire Project at the- 1Wsite on a replacement cost basis. Such property insurance shall be maintained, uriless otherwise provided ip the Contract Documents or otherwise agreed in writing by all persons and entities who m L are beneficiariesLof,such insurance,until final payment has been made as provided in Section 9.10.This insurance rrk, 4 shall include interests of the Owner,the Contractor,Subcontractors and Sub-subcontractors in the Project. §11.3.1.1 Propertyinsurance 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 ;r-�,duplicationfof coverage,theft,vandalism,malicious mischief,collapse,earthquake,flood,windstorm, falsework, test ngand startup,temporary buildings and debris removal including demolition occasioned by enforcement of any. I .;w � N applicable legaal,r equirements,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. 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 Al a Document,or any portion of it,may result in severe civil and criminal penaltiesi and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) § 1i1 31.4 This property insurance shall cover portions of the Work stored off the site,and also portions of the Work a .in transit 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 x ,oth11,er-Wise.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 i would cause cancellation,lapse or reduction of insurance. 11.3.2 BOILER ANDiMACHINERY INSURANCE N,�. F ,.i The,Contractor`shallFpurchase and maintain boiler and machinery insurance required by the Contract Documents or i by lraw,wliich 'shall;specifically cover such insured objects during installation and until final acceptance by-the } � I Owner•this in shall include interests of the Owner,Construction Manager,Contractor Subcontractors and �<<� Sub-subcontractors°inthe Wock and the Owner and Contractor shall be named insureds. } 11 3 3 LOSS OF-USE INSURANCE The Owner;at the OO wner'sb,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. 9 �y ,, § 11 3 4 If the Contractor reque is in writing that insurance for risks other than those described herein or other s ecialrcau'ses of loss beincliided in the property insurance policy,the Contractor may include such insurance,and P,rM�,�i F.r P ru. I j the,cost thereof shall.be submitted to the Owner for a determination regarding incorporating the cost into the GMP.. 4-al 5 Omitted . V § 11 3 6�Before!an exposure toaoss may occur,the Contractor shall file with the Owner a copy of each policy that -� f Jnc Ludes insurance"coverages rr�equired by this Article 11. Each policy shall contain all generally applicable i conditions,definitions,exclusions and endorsements related to this Project. Each policy shall contain a provision thitithe polite will not`be'c nceled or allowed to expire,and that its limits will not be reduced, until at least 30 days' € prwrwritten notice.has been given to the Owner. I -5t,'111.7 WAIVERS`OF SUBROGATIONt, I,The`Owner<and Contractor waive all rights against(])each other and any of their subcontractors, ' --'sub-subcoritractors agents and-mployees, each of the other,and(2)the Architect,Architect's consultants,separate conractorsdesc�bed,m"Actwle 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 tthis�Sectionjl)�3or other,;pr6pek'Ijdsiiihce applicable to the Work,except such rights as they have to proceeds of I yr � such insurance field by;the,Owner The Owner or Contractor,as appropriate,shall require of the Architect, 10 � Architects consultants Construction Manager, separate contractors described in Article 6, if any, and the. a subcontractors, sub,subcontractors,agents and employees of any of them,by appropriate agreements,written where i legally required for4validity �siroilar waivers each in favor of other parties enumerated herein.The policies shall (% ru pro"vide such waivei"s"Of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a �a person or entity even though-that person or entity would otherwise have a duty of indemnification,contractual or otherwise, "i",not pay the insurance premium directly or indirectly,and whether or not the person or entity had an insurable iroperty damaged. �.a � ue ^`` rla3'�7gIhfhta:. § 11.3.8 A loss insured under the property insurance shall be adjusted by the Owner and made payable to the Owner for the insureds,as their interests.may appear,subject to requirements of any applicable mortgagee clause and of Section 1 13 10 The Contractor shall,pay Subcontractors their just shares of insurance proceeds received by the 1 Contractor,;and by appropriate agreements,written where legally required for validity, shall require Subcontractors i i;�f� ,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 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 Init. Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 39 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) of damaged property shall be-performed by the Contractor after notification of a Change in the Work in accordance with Article 7. §i11 3 10'The Owner shall have power to adjust and settle a loss with insurers unless one ofthe parties in interest _.shall' bject in writing within five days after occurrence of loss to the Owner's exercise of this power; if such .4objection 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. § 1^1.4 PERFORMANCE BOND AND PAYMENT BOND §^11.4.1 Contractor sl all,furnish bonds covering faithful performance of the Contract and payment of obligations a � '�' 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 arsurety 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 Upbn the equest of any person or entity appearing to be a potential beneficiary of bonds covering payment s �,of obligations a i§ug under the`�Contract,the Contractor shall promptly furnish a copy of the bonds or shall 4 authorize aicopy tobe furnished. g .x11 4 3 The bondforrris s}iall'be Performance Bond-AIA Document A312-2010,and Payment Bond—AIA Documents A310 2010�"mcluding a certified Power of Attorney. .4.4 l�Performance and Payrrient Bonds may be required by the Owner,at the Owner's sole discretion, from t y ry+u }ar li „Isubcontractors lfthe OWtier requests or approves performance and payment bonds from subcontractors,then the Owner will:pay,such actual additional expenditures as Cost of the Work. j ! r § 1r1 4 5 The Contractor shall also furnish maintenance bonds as required under the GMP Documents. ARTICLE'�12 `UNCOVERING''AND CORRECTION OF WORK `� §x'121 UNCOVERING OFA WRK 121 VJf a� of the Work is covered contra to the Architect's request or to requirements specifically l � � �§ ,. P .. contrary q q Aexp"ressed`in the Contract Documents, it must,if requested in writing by the Architect,be uncovered for the �i "Arc}irtecYs eXammation an be replaced at the Contractor's expense without change in the Contract Time. '�i §X12 1 2„If7a,portion°4'the Work h6"s11been covered that the Architect has not specifically requested to examine prior to its bem"g,covered the1Construction"Manager or the Architect may request to see such Work and it shall be f x� uncover6dJby,therContracfor+If such Work is in accordance with the Contract Documents,costs of uncovering and replacement shall;-by appropnate.Change Order,be at the Owner's expense. If such Work isnot in accordance with the°Contract Documents„such,costs;,"d,the cost.of correction shall be at the Contractor's expense unless the ; B'>.. b condition„Was caused by the Owner,'oi°a separate contractor in which event the Owner shall be responsible for a ent of such costs '4arE Pym_ 7,7 Fra vly § 12 2CORRECTION OF WORK=,,, § t1221 BEFORE OR AFTER„SUBSTANTIAL COMPLETION '' ' The'Contractor shall promptly correct Work rejected by the Architect or Commissioning Agent or failing to conform f +fl � ,I d t.n rAo�the requirements ofthe Contract Documents,whether discovered before or after Substantial Completion and 1 ill T5'v !1” 'R `,whether or,not fabricated installed or completed. Costs of correcting such rejected Work,including additional. -testing and inspect>ons;#the cost of uncovering and replacement,and compensation for the Construction Manager's, a Architect's and Commissioning Agent's services and expenses made necessary thereby, shall be at the Contractor's G 1 as iia: T ['9 e?CPe Se. RAF,; r41 § 12 2 2 AFTER SUBSTANTIAL COMPLETION iyM $,"'w” § 12 2 21 In addition to the Contractor's obligations under Section 3.5, if,within two years after the date of Nwi� .i a <r Y 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 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 Init. Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 40 reproduction or distribution of this AIAO 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) 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 a correction by the Contractor. If the Contractor fails to correct nonconforming Work within a reasonable time during r that,°period after receipt of notice from the Owner or Architect,the Owner may correct it in accordance with Section r , The two-year period for correction of Work shall be extended with respect to portions of Work first J_,&t,,R--�12ii.2 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 pefiod for correction of Work shall be extended for any corrective Work performed by the �. Contractoripursuant to thi ,Section 12.2.The obligation to correct the Work shall include any repairs and replacement to.any part ofthe Work or other property that is damaged by the defective Work. However in no � 3 instance shall the duty to correct,repair or replace the Work provided under this section exceed a duration of three Q)�years from the date of Substantial Completion. i t ' K ,§"12 2r3�The Contractor shall remove from the site portions of the Work that are not in accordance with the r a Lrequirements difiethoniract Documents and are neither corrected by the Contractor nor accepted by the Owner. r � ` '§,,'12,.2.4The,,Contractor shall bear the cost of correcting destroyed or damaged construction,whether completed or partially completed;of thew iwner or separate contractors caused by the Contractor's correction or removal of Work t >. ) j thatas not to accordance with the;requirements of the Contract Documents. .5 ai a+3' Nothi contamed�in this Section 12.2 shall be construed to establish a period of limitation with respect to pother obligations"the Contractor has under the Contract Documents. Establishment of the two-year period for correotiorr,of or .as descnbe&in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the:Work,rand has,no relationship to the time within which the obligation to comply with the Contract Documents :. inay,;be soughUoa' a enforced,'"nor to the time within which proceedings may be commenced to establish the Contractor's'hability With'respect to the Contractor's obligations other than specifically to correct the Work. i § 12 3 ACCEPTANCE-OF NONCONFORMING WORK , '� a if the Owneriprefers 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 i fl, ppi•opr►ate- d,equitable. Such adjustment shall be effected whether or not final payment has been made. ,4 i � ARTICLE 13 � MISCELLANEOUS PROVISIONS §,13A GOVERNING LAWilU df"r,:7 � The'Co 1'aw of the place where the Project is located except that,if the parties have i tract shall be governed by r„,Gselected4rbitration as the`ni`ethod�of binding dispute resolution,the Federal Arbitration Act shall govern Section Y Z,4ww., ..1_1 15 4 4 1_3 2 SUCCESSORS,AND„ASSIGNS § 13 ill The Owner grid Contractor respectively bind themselves,their partners,successors,assigns and legal w representatives toicovenants;agreements and obligations contained in the Contract Documents.Except as provided a y yin Section 1�3 2 2`neither party to the Contract shall assign the Contract as a whole without written consent of the .t: 'o without h consent,that party hall nevertheless remain t oher. If either partyyattempts to make such an ass gn e t tout suc co se p ty s ss egally respo Bible for:'all obligations under the Contract. ai 4 � �§X13.12-The,Owner may,without consent of the Contractor,assign the Contract to a lender providing construction Is �� financing for,i Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractorshall execute all consents reasonably required to facilitate such assignment. 13 3W TTENr 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. AIA Document A201 T”—2007.Copyright 0 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 41 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) Owner: City Manager City.of Aspen 130,South Galena Street Asp6fi,'Colorado 81611 Contractor: � x t Architect pj a jT r � Construction Manager a,` ,, I >Rider.Levett a: kr , 1'675 Larimer Street;Sulte 470 Denver;Colorado 80202 i o ' § 13 4 RIGFITS ND REMEDIES j §113 41 Duties andobligations imposed by the Contract Documents and rights and remedies available thereunder Jl shall beimadditiont-to and not a limitation;of duties,obligations,rights and remedies otherwise imposed or available a v r( by law. �•» i,' �`' , f §13.4.2 No action orfailure to act.by the Owner,Architect or Contractor shall constitute a waiver of a right or duty i ,t afforded them uridel the Contract,nor shall such action or failure to act constitute approval of or acquiescence in a ri g h pF -A 1 breach there undei' cept asimay ne specifically agreed in writing. lrw€ ! 71, " l F i '` 4 pO s'P P.k.�p.'`"^. r,§i13 5�TESTSAND iINSPECTIONS " § X13 5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Do uments 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 f ._ approvals with an independ6riftesting laboratory or entity acceptable to the Owner,or with the appropriate public 9 authority,and sshall bearallmrelated ` costs f tests, inspections and approvals.The Contractor shall give the Architect timet notice of wvh6h and where tests and inspections are to be made so that the Architect may be resent for such Y P Y P ,i N �I��proceduress=�The�O"6i,shall bear costs of(1)tests,inspections or approvals that do not become requirements until i, 'J .l y 'k w`aftir bids are rece►v_ed 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. l0j.9Ne, § 13 5`2 If the Architect,Owner or public authorities having jurisdiction determine that portions of the Work require additional,feshng inspection or approval not included under Section 13.5.1,the Architect will, upon written r ,y, .. t t�authorizatfon from the Owner,instruct the Contractor to make arrangements for such additional testing,inspection orwapproval 11, mby�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. 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 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 under the law.This document was produced by AIA software at 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) § 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'`s"uch 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 r �; Docu'm`ents,be secured by the Contractor and promptly delivered to the Architect. x § 13.5.5 If the Architect-is to observe tests, inspections or approvals required by the Contract Documents,the r 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 i y 'unreasonable delay in tlhe,Work. ,§ 13 6 INTEREST 4",; Interest on ti ounts�:ultimately'determined to be due to a Contractor or the City shall be payable at the statutory rate aplicablejoJ gud tnents from"the date the claim arose through the date of decision or judgment,whichever is later. PP . " 3` Aspen Municipal=Code Sec.4°16.070.Interest. ` §�13 711 ELIMITS ON,CL�AIMS The Owner and�Contractor shalls�bommence all claims and causes of action, whether in contract,tort,breach of e�war an or�otherwise a ainst the other arising out of or related to the Contract in accordance with the requirements of the final'iitspute esolution method selected in the Agreement within the time period specified by applicable ,Thewner and'Contractor waive all claims and causes of action not commenced in accordance with ji this Se6tionA3 7-,"-" l J5`, ARTICLE-14 JERMINATION OR SUSPENSION OF THE CONTRACT � § I4'--VTERMINATION 3Y THE;�CONTRACTOR p 1,41."t,'The Contr ctor may%terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act,or-faulCofthe Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any oder person 3 or entities�performing portions of the Work under direct or indirect contract with the Contractor,for my ofthe,followmg reasons' °� l �e 9 Issuance of an orderof,a court or other public authority having jurisdiction that requires all Work to be stopp stoped; act of government, such as a declaration of national emergency that requires all Work to be �IrM stoPRed 3 `136cadse the Architect has not issued a Certificate for Payment and has not notified the Contractor of reason for wrthholdi`ngcertification as provided in Section 9.4.1,or because the Owner has not ! /, n x, nq I,'aA � !,, i v ` made.paymet on a Certificate for Payment for undisputed amounts properly due within the time E � � stated m the Contract Documents;or 4 Thel.Owner haslfailed to furnish to the Contractor promptly, upon the Contractor's request,reasonable I, E t��P.evidefice s required by Section 2.2.1. (7,- 14.1.2 The Contractor may"terminate the Contract if,through no actor fault of the Contractor or a Subcontractor, Sub-subcontractor`or their agents or employees or any other persons or entities performing portions of the Work � under director mdirect;contract with the Contractor,repeated suspensions,delays or interruptions of the entire Work r ' � :b°fhe Owner asdescribed in Section 14.3 constitute in theaggregate more than 100 percent of the total number of lir fir, y days scheduled for completion,or 120 days in any 365-day period,whichever is less. r f §h 141 31fone of,the reasons described in Section 14.1.1 or 14.1.2 exists,the Contractor may provide written notice f to theGOwrier kA aniiArchitect of such condition or failure. If Owner fails to make such payment or correct such d Econditiourteen (14)days of receipt of such notice,the Contractor may,upon seven additional days' �wrrtten 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 A201 T"—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 43 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is notfor resale. User Notes: (1445676088) § 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 .r, Documents with respect to matters important to the progress of the Work,the Contractor may, upon seven additional notice to the Owner and the Architect,terminate the Contract and recover from the Owner as provided _in,Section 14.1.3. 77 g try' §,'':14:2 TERMINATION BY THE OWNER FOR CAUSE rib §14.2.1 The Owner mayrterminate 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; w _ 3 repeatedly disregards applicable laws, statutes,ordinances,codes, rules and regulations,or lawful P t , ' jt orders 4a�$ublic authority; or otherwise is guilty of substantial breach of a provision of the Contract Documents. {� §X1'4 2 2(When any ofthe�aboye reasons exist,the Owner,upon certification by the Initial Decision Maker that .Jirt w.;�.. [ sufficient cause exists tolusttfj'such action,may without'prejudice to any other rights or remedies of the Owner and IAuf i.1 ial Te""r , - e f after giving t WCon'tractor'and`the Contractors surety, if any, seven days written notice,terminate employment of s the.Contractor and'may,asublect to any prior rights of the surety: tk� r r 1.l� } Exclude the Contractor from the site and take possession of all materials,equipment,tools, and I ,� ,construction equipment and machinery thereon owned by the Contractor; Accept assignment of subcontracts pursuant to Section 5.4;and mish the Wdrk:by whatever reasonable method the Owner may deem expedient. Upon written �a i r r3 x ;J� 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. s` § 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, rther payment until the Work is finished. If a termination by the Owner is subsequently *, q r:r [ i determined toj be` ""f il,such termination shall automatically be converted to a termination for the Owner's z, q� convemen'ce ��a k mkt > fi '-.,.IM F,a rt; °ray "`i §}14 2 4 If ihe'un aid balance of-theConfract Sum exceeds costs of finishingthe Work,including compensation for p1 _ g P Y die.'Architect's servi&sPand expenses made necessary thereby,and other damages incurred by the Owner and not Tti a 'expressly waived such excess shalhlbe paid to the Contractor.If such costs and damages exceed the unpaid balance, thefConiract r shall paytlie difference to the Owner.The amount to be paid to the Contractor or Owner,as the case r6dy be,,shaII be�certified by,the ImtiahDecision Maker, upon application,and this obligation for payment shall t „ survive termination of the Contract � 1 V §14.2 41 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 + -y j an amount calculatedas follows , 1 Take'the Cost of the'Work incurred by the Contractor to the date of termination; �F .� Iia 3.: 2 a �jAdd he C'0ntractor'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 Contractors Fee is stated as a fixed sum in that Section,an amount �r dw..ik,a ' x �:"ti li.fra rs ,e. wthat bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination ` bears toga=reasonable estimate of the probable Cost of the Work upon its completion;and ~` .3 Subtract the aggregate of previous payments made by the Owner. ii'rl1rFhy1t s 1 '3,SUSPENSION BY THE OWNER FOR CONVENIENCE , A � '�1rii' i1i §1431 The�Owner may,without cause,order the Contractor in writing to suspend,delay or interrupt the Work in 7 X �rc4 ,��whole or m,..part for such period of time as the Owner may determine. si "x at � Jt�ar�,a4111�uE.,29,_ t°�ar�L�alk�t § 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 equitable adjustment of the Contractor's fee on any services performed or Work completed.No adjustment shall be made to the extent 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 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) .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. 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. n .._ .�a �_` _ § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience,the i, Contractor shall r 1 rcease operations as directed by the Owner in the notice; .2 1� take aettons�necessary,or that the Owner may direct, for the protection and preservation of the Work; and i ' 31 . 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 F and"purchase orders. F, c 4i QT tU l{t rt i 3 i ' ; �'§ 1`4.43:In'caseeof such termination for the Owner's convenience,the Contractor shall be entitled to receive payment I for Work executed,7and costsincurred by reason of such termination,along with reasonable overhead and profit on 1 the�Work executed` k �.� �,r r �a ao �4" t c, n §'14 4 4 In the event of anytermmation by the Owner,the Owner shall also'pay the Contractor fair compensation, ` l ieither bypur6hase'orrental,,at the election of the Owner, for any-equipment owned by the Contractor that the Owner �3celects to retain and that Isnot otherwise included in the Cost of the Work..To the extent that the Owner elects to take gj t rel legal asslgnine'ntiof,�Ubcontracts and purchase orders(including rental agreements),the Contractor shall,as a { u , II,.condition of receiving the�payments referred to in this Article 14,execute and deliver all such papers and take all I ,' i Il suc steps,,including t he lne-egal assignment of such subcontracts and other contractual rights of the Contractor,as the Owner may;,require�for thepurpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts orpurehase orders. t ARTICLE' 15'�CLAIMS AND DISPUTES C,{' „ §x151 lib a „�I a , EFINITION i �AfClalm is a�demand or as`serhon Eby one of the parties seeking, as a matter of right,payment of money, or other �<< rel eflwith�resped to the terms,of the Contract.The term "Claim"also includes other disputes and matters in f question betweenithd Owner ah&Confractor arising out of or relating to the Contract.The responsibility to sub stantiate,Claims°.shall rest with the party making the Claim. F a ) {I'?§ 151{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 tt Decision Maker with a copy sent to the Construction Manager.Claims by either party must be initiated within 21 ai r 7 days after occurrence oftheevent giving rise to such Claim or within 21 days after the claimant first recognizes the E condition giving rise to the� � Clafm whichever is later. .r , , TlW. ov # § 151 3 Claims'agamst the Owner shall be in the form of a written notice containing the name and address of the Inti �+� claimant,, e and address of the attorney, if any;a concise statement of the basis of the claim,including ter F thedate time,place„and circumstance of the act,omission,or event complained of;a concise statement of the "d$1' nature and extent of the injury claimed to have been suffered;and a statement of the amount of monetary damages that is being requested. 4JVi�I i QA di ;”y 1 'CONTINUING F Al § 151 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 yI4 tlie�Cbnti&t&shall proceed diligently with performance of the Contract and the Owner shall continue to make a'ments 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. 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 In it. Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 45 reproduction or distribution of this AIAo 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) § 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 4 be given abefore 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. I r Ar 151.4.1 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 ion-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 thei Contract'Documents`, used in constructing the improvements. r f § 15.1.5 CLAIMS, FOR ADDITIONAL TIME 14,15.1.5.1,llftheecontract&wishes to make a Claim for an increase in the Contract Time,written notice as provided herein shall'rbe=given The:Contractor's Claim shall include an estimate of cost and of probable effect of delay on I � progress of�the Work'in the case of a continuing delay, only one Claim is necessary. 49. § 15.1-1,521f adverse weather,conditions are the basis for a Claim for additional time, such Claim shall be " I docun tinted byAdata substa tiating that weather conditions were abnormal for the period of time,could not have been reasonably aritictpated`and had an adverse effect on the scheduled construction. , N (Pdragrapitsldeleted) Gr r a � �, b§151'5 3r,Extens>ons ofthe Contract Time for delays due to weather conditions may be made only when such 4 ,y. conditions are more,severe and extended than those reflected by the ten-year average for the month as evidenced by _ t the-Colorado Climate Datwmaiptained by Colorado State University, Fort Collins, Colorado,or other data as 3 _..mutually agreed betweennO,wner and Contractor,for the project area. Extensions of time due to weather will be l t8' e4 granted on the basiS'6f one=and four-tenths(1.4)calendar days added for every working day lost,with each separate I E 1 extension figured to tIi nearest whole calendar day. The extension of the Contract Time for weather conditions � yp i Ya �9.v r n rr ,� b swill occur ly m-the event,lthat the weather in question impacted activities on the critical path of the Contractor's i 'J- current Construction Schedule. E _ 1`152 INITIAL DECISION _i�§,,145 21�Claims;�eXc1udinethose arising under Sections 10.3, 10.4, 11.3.9,and 11.3.10, shall be referred to the Initial Decision Maker for mitral decision The'dkchitect will serve as the Initial Decision Maker. Except for those Claims excluded bythis Section 15:2 1,an initial decision shall be required as a condition precedent to mediation of any r t, Clairr►arising pi iJ&Ao the datelfinal payment is due,unless 30 days have passed after the Claim has been referred to ca eg .P the Initid11Dec'ision Maken�with no decision having been rendered. Unless the Initial Decision Maker and all affected ! part>es,agree,the'Initial Decision Maker will not decide disputes between the Contractor and persons or entities 1 z �otlier than the Owner. � 'i` § 15 2 2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or r moT,e of the�falIowing, ctions�(I)request additional supporting data from the claimant or a response with supporting data from the other' a ( p O pp O suggest p �Xp rty,r 2)re ect the Claim in whole or in art, 3 approve the Claim, 4 su est a compromise, i 1 or(5)advise the parties thhtthetlnitial Decision Maker is unable to resolve the Claim if the Initial Decision Maker r ai lacks�sucient mfotmation`to'evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Deeision,Maker's sole discretion,it would be inappropriate for the Initial Decision Maker to resolve the _ 19"A' i Claim. x C t rkt <<. § 15.2.3 In evaluating Claims,the Initial Decision Maker may,but shall not be obligated to,consult with or seek mformationfromieither party or from persons with special knowledge or expertise who may assist the Initial 1 ;. ''�1 � 1.a DecsionlMakerin rendering a decision.The Initial Decision Maker may request the Owner to authorize retention of y * jIF �SUCh peCSOrIS at the OWner'S expense. � e . § 15 2 4,1f th'e 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 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 Init. Institute of Architects.All rights reserved.WARNING:This AIA`' Document is protected by U.S.Copyright Law and International 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 t the maximum extent possible under the law.This document was produced by AIA software at 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) receipt of the response or supporting data, if any,the Initial Decision Maker will either reject or approve the Claim r,. in whole or in part. SThe Initial Decision Maker will render an initial decision approving or rejecting the Claim,or indicating "the Initial Decision Maker is unable to resolve the Claim.This initial decision shall(1)be in writing;(2)state 4the,reasons therefor;and(3)notify the parties and the Architect, if the Architect is not serving as the Initial Decision o '!> Maker;'of any change in the Contract Sum or Contract Time or both.The initial decision shall be final and binding =on4th6 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 61,0 35 § 15 2 61'Either party may,within 30 days from the date of an initial decision,demand in writing that the other party file for mediation withi&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 [ , . bmdtng dispute resolution proceedings with respect to the initial decision. I P f :45 § 15 27"In`the event of a Claim against the Contractor,the Owner may, but is not obligated to,notify the surety, if Yt any;of th'e nature'and amount of the Claim. If the Claim relates to a possibility of a Contractor's default,the Owner inay,but isnot obligated to;notify the surety and request the surety's assistance in resolving the controversy. th a �s K r § 15 2 8 If�a Cla�m�relates to'or is the subject of a mechanic's lien,the party asserting such Claim may proceed in accordance,wit' apph�cable lawrto comply with the lien notice or filing deadlines. r k r § 15 3iMEDIATION § 15 31 Claims disputes orxotlier matters in controversy arising out of or related to the Contract except those waived'as:provide'dJ`'for in Sections 9.10.4,9.10.5,and 15.1.6 shall be subject to mediation as a condition precedent . ./t&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. M x § 163 ,.Theiparties shall endeavor to resolve their Claims by mediation which,unless the parties mutually agree t I 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 i 'made 1i rrtmg,delivered to the-other party to the Contract,and filed with the person or entity administering the lY m$ rt��mediation. e request maybe made concurrently with the filing of litigation proceedings but,in such event, f mediat on shallb:proceed within 60 days from the date of filing,unless stayed for a longer period by agreement of the parties _;VP ,.§153.3 The parties shall share the mediator's fee and any filing fees,equally. The mediation shall be held in Aspen, Color'atlo. Written,agr11 eeritentsexecuted by the parties,reached in mediation shall be enforceable as settlement agreemen&s iii any'cour havingJurisdiction thereof. (Paragra h9i deleted) �aARTICLE16T OWNER'S ADDITIONAL SPECIFIC CONCERNS � � �_ §°16.1 Notwithstanding'the above,the Owner has a unique set of stakeholders with which the Owner must cooperate 'anilicoordi ateTIie;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 ,a 1 walk throug h of the site. �i'Prr idi�"hell Ari*�E I�i1 $ dkYsl I n� iii 2�����ThetOwner may request tours from time to time of the project and the site. The Contractor shall indicate in,wnting 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 8r 24.76.5.101 § 17.1 Purpose. During the 2006 Colorado legislative session,the Legislature passed House Bills 06-1343 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 Init. Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 47 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 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is notfor resale. User Notes: (1445676088) (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 0vJ1&;,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 ,•. , : ,�qm _._ __.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 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. f l "E-verify',program"means the electronic employment verification program created in Public Law 208, � r 104th Congress{as amended,and expanded in Public Law 156, 108th Congress,as amended,that is jointly } .! adinmisteredtby the United States Department of Homeland Security and the social security ' Admimstration,.or its successor program. �*�"DePiartment,P"ro r:am"means the employment verification program established pursuant to Section ` 8 17 52 102(5)(c) ` I 3` "Public Contract for Services"means this Agreement. c ,4tprt,� j 4iG eC ala I s t 4 "Ser'vi es"means the furnishing of labor,time, or effort by a Contractor or a subcontractor not 7 f involy rig the delivery of a specific end product other than reports that are merely incidental to the required (. ;pe'rformAnce. 1 1 ; t.l _; § 17 3 By signmgahis docuii ent, Contractor certifies and represents that at this time: 4 ST } N I�H` ,,, y � 1 E/ Contractor shall confirm the employment eligibility of all employees who are newly.hired for �t ,employment to perform work under the public contract for services; and has participated or attempted to participate in either the e-verify program or the " 1 department program'in order to verify that new employees are not illegal aliens. ahhR�{ e 1 , § 17 4 Contractor;hereby confirms that 2, ;Contractor shallanofknowinglyemploy or contract with an illegal alien to perform work under the :l l ;.= a., Public Contract for-'Services. w. , ". cifVz 2-sty Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor �r i, ti � k�thatthe='subcontractor shall.not knowingly employ or contract with an illegal alien to perform work under th6 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 o`r the department program. =1,,s r � �a�,�� 1 ',� , 4, �,�� Conactor shall not use the either the e-verify program or the department program procedures to undertakepreemployment screening of job applicants while the Public Contract for Services is being wK� performed. ,ia ', 5If Contractor obtains actual knowledge that a subcontractor performing work under the Public a Contracf for Services knowingly employs or contracts with an illegal alien Contractor shall: I4i t } � .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 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 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 under the law.This document was produced by AIA software at 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) with the illegal alien;except that Contractor shall not terminate the Public-Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. .6 Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and i Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 I - E..^ (5),C.R.S. 1, g �9 7 / If Contractor violates any provision of the Public Contract for Services pertaining to the duties i, imposed by Subsection 8-17.5-102,C.R.S.the Owner may terminate this Agreement. If this Agreement is so'term'inal Contractor shall be liable for actual damages to the.Owner arising out of Contractor's r; violation of Subsection 8-17.5-102,C.R.S. I, (Pala l a P h.'&kted S. i V a If tir^a=� p a F dr i. Pk U �E7 ,� sir, �4 t` i ipl ,lip .a p)lei d f"Y i• z!t ua ill TTa t �[ ,P p ,a ti,jW� r4W J Yix a h4 ter r' ,rir ` '`1'x itn 11 y a1��+`b :� '� IP �C�'p a , 7 t � iii i , #*t_,{ t � y w '0% ,at, s�p r ;z. � �t6Gn. 4�� a•�u� �S sy 'St-� �tt r t K F 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 Init. Institute of Architects.All rights reserved.WARNING:This AIA'' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 49 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 t the maximum extent possible under the law.This document was produced by AIA software at 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) Additions and Deletions Report for AIA Document A201 TM— 2007 Thi5'Addltions 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. NoteTtis Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any A T" part'of`tfie associated AIA document.This Additions and Deletions Report and its associated document were generated =` simultaneously by AIA software at 14:01:40 on 01/05/2015. C«r PAGE,1_6 1-101161h Of, i � x: iia€e Ga �i i lena Plaza/Rio Grande'Garage Improvements � i.k �"`.r� City P,roiect Nuinber'2012-018��£ 757, `�; Aspeh,,Colorai3o 81`611 t Ctty of Aspen ,' Sohdi'Galena,Street ; i`Aspen,Col4ado.81611 - THE-ENGINEERANDARCHITECT: 4 r5i IN 1 S A�M1roInc r. ` ha ` 610 My i St° Suite 4P OPBOX Frisco CO 80443 ' ' 4 Stud I 6;B 7Architects', 4 T 1 5101x466 Grande Place Unit104 Aspen Colorado 81611 4 P 'E` THE CONTRACTOR: i .� 7 7 75 rstt+tk��a'(��.� '�,'��P „4��� �'` �f E,x„uo� j'�1.r, ��` r ,'yam✓��I'.r , - Phone A .,l �d Fax: -Cott;yyntact 5wr ;r ,' `s I THErCONSTRUCTON MANAGER: k a z RtderLevett Buckn I, µ' 1675 Larimer Street,Suite 470 $Denver CO- 80202 n` Plio°ne` (720)9041480 "0644 94 �� 71 ��1" t ,.,, Contact Roba f6r &N ss) 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 penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:01:40 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (1445676088) A Additions and Deletions Report for AIA Document C 132"m— 2009 i ry8'Y' I 1 4s• This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to thestandard 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. s Note This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any ofthe associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 14:03:27 on 01/05/2015. ' yGREEMENT m e as of•th"e 12th day of January in the year 2015 A }> W., 1 ppN y v ) - - BETWEEN t !he O era .A.TtL,e«:«F«..,..a:....\ Z y Y > Cit 4A >. 130'�South Galena�Street „ � z �� As en Colorado 81`611 1ttt - i a.hw •^'I .P3 �P• ' t, i�' a�H l 9 A IP 1a 75 i i �t d 'Y ds X7 � 9 ?Y I i i' �> X i e , x � / a* «..,.,t:en)Rider Levett Bucknall `f1fi754Larimer Strd` fit urte n / *Denver CO' 80202'F ter' n :' } I 1 Fax (720)904-.1'48x1 x Contact °Roti T,aylorw 5 3 i y.`' Fca�t P �ti," �iiF l a 'for the folloing Project w — `Galena•P i /Rio°Grande Ga6j!e4rnDr6vennents City Project Number 2012-018 Colorad o.8161 ,, ` µ: .�• -' � rim The�En ig neers wG " ,-S.A Miro,Inc. Main St Ya Stirte`ll Y Ny "'r,�em*ti P.O gtBox 2243 t iarw'{ r ,x� Frisco;CO 80443 t Contact: David Legis a ' Direct Phone: 720.407.1008 b 4 X7%'qX FrtscorPhone=970'668.0747 t ,t , x Cell'Phonei 303`570-1374 Fax:720 407 $ �41i 9 p Yi.ii�dry ttn� 9�*I , 4 iti. ',r" µ'" r •. 'ire` 4' PAGE.2 N-k, Additions and Deletions Report for AIA Document C132TM—2009(formerly B801 TMCMa—1992).Copyright m 1973,1980,1992 and 2009 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 AIAe 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) v , l y: l Pceconstruction Services for the Prosect were completed under a.previous Agreement between the Owner and Construction Manage;i AIA Document A195/A2951-2008,dated June 10,2013. which is superseded by this Agteem entEr This Agreement includes Construction Phase Services for the City of Aspen upgrade of the Galena Pl`a`za andAio Grande Parking structure to primarily replace failed waterproofing systems,with associated upgrades J �to:the utility'landscapmg'and construction for the Galena Plaza. I 1 3 ZI Vq 1 �t I ? T -` Not Applicable' , r I0, t NotApplicable �- ki .z c ♦e jcompleted`=under the previoilscontract. ca k it construction of the Work will commence by approximately April 1,2015. z ,.- ComtaeAo of...aost....o,].,row. 15" r k 3 Substantial pletion l /' A—O atesfor construction work: November 25,2015 Ik � subJect to adjustments of this Contract Time as provided in the Contract Documents. § 1.1.5 The Owner intends the following procurement method for the Project: ,�� ����`�` -"*` � Apt the'tiroe�of e�zecution of this agreement,General Contractor selection and recommendation has been undertaken. ,���� � `�� � Final`value#engineering and finalization of the General Contractors contract will be services required under this § 1.1.6 The Owner's requirements for accelerated or fast-track scheduling,multiple bid packages,or phased construction are set forth below: Additions and Deletions Report for AIA Document C132TM—2009(formerly B801 TMCMa—1992).Copyright(D 1973,1980,1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA`' 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 document was produced by AIA software at 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) There will be only one construction phase including all work in one set of Construction Drawings with Allowances for unknown existing conditions which may be discovered. See;schedule and Substantial Completion dates above. PAG E_3;, w� J 2 k 1, -t � Not Applicable ,r � Ctty of Ashen i„rt }4V { X130 South Galena Street)4 A`speri j Colorado A . lCoritact Jack Wheeler Prosect Manager Phu`ne 1970)429.1790 Fax:(970)`544-5378 rtrry t � p 9 M' 'Not�"Ab6hable r t 61 t� § ,1�1 10q TE �TThe e Ovtmer'wi11,retnin the Engineer and the Commissioning Agent. The Engineer will retain the civil, �I ,structural mechanicalrlelectrical,plumbing, irrigation,fire protection,and landscaping en tg neers. .,,,,t other inf fmation\ hand, F-Commissioni ng Agent: y"tL'g x�riff�j pt �$� j „kl (itk5 u 1. i° 3 Freetesing+i}ee a r � Y y7 d I 4 Esti q � z x s� -3 -_ .il Prgineef: :4 9thef: Additions and Deletions Report for AIA Document C132——2009(formerly 8801 T1°CMa—1992).Copyright©1973,1980,1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 3 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) eenstmelion TV TBD # x -Rider Levett Bucknall:"'s., ' r -X1675 Larimer°Street, Suite 470 }Denver,COrl`80202 + " _ Phone: (720)'904-1480 Contact RoKTayloi 1 Q 11 < r F #� 31 rsefinel to be ineluded in the staffing plan, iflaiewn.) R=RidertLevett Btickr all f-11 v 1675 Laritrter Street 486rte"470 A v Aur 'Phone (720)9041480 ; Y, S �_ Faz (7201x904 148l;2-,,, 1 Qr 4f i ,'Contact Craig Roth y'; r ' t`y L 4t , .` . PAGEA' - { Wit+ i a § 1`1 13 The Construction �t HtS et, ed, Rde B Se o it € � N _ r vr x r y g jy Y f3t1i2r-c�sttlh h 14 1`Ma ager will not retainany consultants under this Agreement: t P„i rk LAu y �:4 �^ § 9114 The Construction°' �(�Iq"9t1�'St;*. w t Manager will not retain any consultants under this Agreement. t ( oaf ,r r qI itrConstruction Management Services will commence on January 1,2015 through December 31,2015, including the rfollowmg Scope of Work: Liatserand co-ordinate work with the Pitkin County LibraryProiect. Oversight of the selection process to secure a General Contractor and recommend for contract acceptance to City Council. - Budget compilation and oversight. - Review Contractor's construction management plan. Ensure it is acceptable to the Owner,meets CoA noise criteria,and that noise management is closely enforced. Additions and Deletions Reportfor AIA Document C132TM—2009(formerly B801—CMa—1992).Copyright©1973,1980,1992 and 2009 by The American 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 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) Oversight of building permit process,ensuring the building permit can be obtained in advance of the work. 3 Managing the consultant Contracts and Contract modifications and recommending the same to Council in a e `timely manner. Actively participating in preconstruction work, so that the project can begin quickly: ;;;Other budgetary and Contract review as required and presentations to Council as required. Scope of Work included on Exhibit A, RLB Construction Administration and Team Responsibility Matrix. o iE ' § 1':21The Owner and Construction Manager may rely on the Initial Information. Both Painties,he e --dieA stieh infia ^*^-^" ^' ^ngF-and,in*' ^* ^a*, If such information should materially change,the J, Owber and the Construction Manager shall ttpprepFiately-equitably adjust the schedules;the Construction Manager's k i services and,the Construction Manager's compensation. i w1 JI 23 The Construction Manager shall provide its services in conjunction with the services of an m2meet Engineer r x gas descitbed to AIA DocurnenV13132Tm 2009, BI O I TM-2007, Standard Form of Agreement Between Owner and l Engineer,as amended.The Construction Manager shall not be E l responstble=for actions taken by the Arehiteet,Engineer. f r J p �?j— 14§ 26 The ConstructionlManagersshall maintain the following minimum insurance for the duration of this x A reemetit --ments- ---ed the types and limits the Genstruetion Manage ' .Failure on the part k 5r.r s, '+ t S' k of the Constructton M"erto procure or maintain policies providing the required coverages,conditions,and l �minimum'jirmt`s shall constitute"a material breach of the contract.The Construction Manager shall not be relieved of ti any ltabtlttyHby reason of its failure to procure or maintain insurance,or by reason of its failure to procure or. r '�I'maurtm aimsurance in sufficient amounts,duration,or types. �y �pa 1ii�Ynq (t)' Workers' Compensation insurance to cover obligations imposed by applicable Colorado laws for 7: any employee en aged in the performance of work under this contract,and Employers' Liability insurance " i'�i'� "� ` � � with mmitt urrillimits of FIVE-HUNDRED THOUSAND DOLLARS($500,000.00)for each accident, FIVE4HUNDRED THOU =SAND DOLLARS($500,000.00)disease-policy limit,and FIVE HUNDRED [iii' r�r �i :pig r�'; ^�i THOUSAND'DOLLARS�($500,000.00)disease-each employee. The policy shall contain a waiver of subroongatirnfth yfavor oe" �mer. IV w (tt) �* Commerc+,� ial General Liability insurance with minimum combined single limits of ONE MILLION )'J" ,° r1 ��iI��DOLLARS($1 000 OOO SOU)each occurrence and ONE MILLION DOLLARS($1,000,000.00)aggregate Bei'7 'The poli'cy shall be applt�cable'to all premises and operations. The policy shall include coverage for bodily miurv, broad form property damage(including completed operations),personal injury(including coverage r c ctG� for.contractual a '&'6=1 oyee acts),blanket contractual,independent contractors,products,and completed op' shall contain a severability of interests provision and a waiver of subrogation in favor of the Owner , ,Fy a , '"9 & - t re us�yA m (rii)i�� 1 i�Comprehensive Automobile Liability insurance with minimum combined single limits for bodily �„ �� r�rr, a7� ab thiury and property damage of not less than ONE MILLION DOLLARS($1,000,000.00)each occurrence �t CAR' LION DOLLARS($1,000,000.00)aggregate with respect to each Construction Manager'ser's owned,hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The contain a severability of interests provision and a waiver of subrogation in favor of the Owner. Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS_ ($41,'00000)each claim and ONE MILLION DOLLARS($1,000,000)aggregate. § 2.6.1 Every policy required above shall be primary insurance,and any insurance carried by the Owner,or carried by or provided through any insurance pool of the Owner,shall be excess and not contributory insurance to that provided by Construction Manager. No additional insured endorsement to Additions and Deletions Report for AIA Document C1321"—2009(formerly B801—CMa—1992).Copyright©1973,1980,1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA'" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 5 reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties;and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:03:27 on 01/05/2015 under'Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) the policy required above shall contain any exclusion for bodily injury or property damage arising from completed _. operations. The Construction Manager,shall be solely responsible for any deductible losses under any policy ` required above. � �T d� k _. e N�'',h ' � ,°Construction Manager shall provide to the Owner certificates of insurance evidencing compliance with the 77 requirements in this Section 2.6.The certificates will show the Owner as an additional insured on the Comprehensive Genera}Liability, Automobile Liability, umbrella or excess policies.The certificate shall identify i � o� �this contracb'and the policy shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty(30)days prior written notice has been given to the Owner. Ik ". Owner reserves�the right to request and receive a certified copy of any policy and any endorsement thereto. J ;?i lability and Automobile Liability,pFevided that such umbrella e 1 __L' fnetlessthan I($ per ejaim and ifi the aggregate-. l I bt° C Ux9 t,' ' a. 7i I The Construction Manager's Basic Services consist ofthose described in Seetiens 3.2 and 3.3 and inolude ustial and r xt GJ' r .> i -.t o : r Section 3.3 and include representing the Owner's kk interests asIt relates"towproject over`stght and Owner's Representation,on-site observation,schedule review,cost review,andreonstructability.revtew. R ; 1 /T" f an will be used.The Genstruetion Manager shall per-iodieally update e ry 1� (`ir�tt{ r� u rrE n d.1;a a �p t Ay � e�. .,._._vim ♦L, -n ,,,.�.. .�.. TA., .,r DL, «+hoeurse ef'the Pre ecA area,§ 3.2.4 Based en pfeliminw),design and ethef design efitefia pr-epafed by the Afehiteet,the GenstfuL4ien Manage shall prepare pfel ifflinafy estima4es of the Cest E)f the Work or-the eest of p Fiefits using volufne Additions and Deletions Report for AIA Document C132TM—2009(formerly B801 TMCMa' 1992).Copyright©1973,1980,1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 6 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) r altem.a,tive materials and systems and may also pfevide its own suggestielis-. .x, -1�4�"--Omnef and Afehitee4 an proposed site use and ..�wF i _._......a._ .. materials,seleetiaili of and building systeffis- availability of ni-ateria-Is and- 'a-bar,sequeneing for phased eonstr-uE-Aian,time requirements fer ` d 4 preliffliHafy life eyele I spy ) budgets, data, . ! an fe.i` > h sefNiees, and the i t6 s respensibilities and highlight items that � f �-Cofis lanager shall prepare afid update,at appfapriate intervals agreed te by geF mid Arehiteet,estimates of the Gest of the Werk E)f inereasing detail a in the estiffi4es of the Gest ef the WME. Sueh estimates shall be previded Ufhr-Up d 1 i I j AZW!, 4t�e Owner's appreval.The Construetien Manager shall advise the O-Anef an fi s tkl i '�.N:., �f'��+21�� f ,r } A es with the prepar4ien ef the Sbheffla4ie Design, Design Development and Manager shall eonsult with the OmneF and Arehiteot and Make e Cefistfuetion Manager detef:ffliHes that design details advefseb,affeet{ t .*k rirr d K .k,*e iii r r r f qe �. 11 etee t§t7:C',T A x'" f �^ d 1 Cefitraetefs ityi p cn�f 4i-, a w,atr *6'" CC °i t "{ „fig cti'4't" . f"N T,i� ••.....ami. a z't <"u.kh i rtvt i` r - 5 yx' (tsb35 f 1P SJ i" ..Ji{.'� axt_i, §4.2 12 <$ ii Managef shall update the Pr ( b and the eeeupaneyfedue p(r�iu4�lr'�'�E&,moi Jlti Sit)yiik h n�Yle€� -�` f f F f -ed Aw § 3.2.14 The GE)4stfue4ien Managef shall assist the Owner in seleefifig,Fetaifiifig afld eeefdifiating the prefessiefial e«,.:,.es ef .,1 ee..s„ltents and testing iftbernter_:eS Fequired C r the PFejeet f ' Additions and Deletions Report for AIA Document C132T"—2009(formerly 8801 TICMa—1992).Copyright®1973,1980,1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 7 reproduction or distribution of this AIAO 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) § 3.2.15 The Construetion Manager shall provide an analysis ef the types and quantities ef labeF Fequired feF th `! V . w..._s.a_ _..._.. • •. .. requir-effien. far equal empleyment eppeftufiiPy pregFanis,and other pregf ams as may be required by gaver-nniental evovernmental authorities f v.nehisi en ,n the GentlFaOt Pe6umonts �., iate of the Cost of the WeFlE and the Pfejeet sehedtile fel:the Afehiteet's feview and the Gere r �. NF re 1 .5.. >- ' The Constfuetien Manager shall assist the Afehiteet with regard te 1 f e:t.......�r4 4l'<<tp.:rd, heo issumpee of addenda. Ex VM. i t q s `•;[ C y 9 1TL. /ph eter-s Find material suppliers propesed by Multiple Pf ifne CE)ntraetE)f S. 1 „+Er' ihii et Il�r'lt'"I 1that the&Aiief has paid applieable fees and assessfliefits.Th 4, r'f -_f ^,•St9,'z r .��' ���I1jl�lka�ii ' �� 1iil'e' f § 3:3 1kSubject to Section 4.3,the Construction Manager's responsibility to provide Construction Phase Services 4 1 �,:...,:� ` •commences; fer Genstruc4ien and tefminates en the date the Afehiteet issues, + � td, ,� ' moo...F f n t on January 1,2015 and terminates on December 31,2015,subject to extension by o p,2 Contract Amendment 46�i "PAGE 6 Igaa a �'ry 3:31The Construction Manager shall provide on-site administration 4and oversight to the Contract Documents r F "d Jn 1 ,b,,, A fehiros includin>; the�Contiacts for Cgnstruction in cooperation with the��En>?ineer as set forth below and in AIA Document T"' ;`A201TM 2007, General Conditions of the Contract for Construction,Gene i ^'r k •'rj4, VLs _... �F.11E3^y'+�"•,•n• ' k' iv} Lfi , these modifioatiens ien Manager's serwiees under this Agreement unless the Owner and the Censtruaien l bF �}� ap'n it r'N"g ii _ eement. as amended �ro § 3.3.4 The Construction Manager shall provide administrative, management and related services to coordinate r -» >- 7 scheduled-activities and responsibilities of the Multiple Prime Gentraeters with each ether and with Contractor with p '` those of the,Construction Manager,the Owner and the G� Engineer. Nv. § 3.3.5 ef Shop Dr-aVAngs,Pr-eduet Data and Samples,and delivef�,and preeurement of preduets, i�eluding�hese that must Additions and Deletions Report for AIA Document C13211—2009(formerly 8801 T"CMa—1992).Copyright®1973,1980,1992 and 2009 by The American 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) be } The � Construction Manager shall ensure that the Contractor updates and reissues the Project schedule as required to show cuff ent'conditions. If an update to the Contractor's schedule indicates that the previously approved Project schedule may not-, e met,the Construction Manager shall recommend corrective action,if any,to the Owner and ^ et.En ig neer. 1:3.6 The Contractor shall schedule and conduct meetings to discuss such matters as procedures,progress,coordination,and scheduling of the Work.The Gefistraetiefi Managef Contractor shall prepare promptly distribute minutes to the Owner, Engineer and Contractor. j The Constrdction Manager shall attend and contribute to such meetin>s. q, M1 4 nt . r rA„1t;..le D. /�,,.,t«.,..t..«s the!`.,.,..t«,.,.+:,,,, AA.,.,e,.er shall setie.d..le e.,.d § 33 7 Utilizing information from the „, age onfractors,the Construction Manager shall coordinate the resolution of any conflicts between the C' Contractors`•worklnl?on the srfe,including the sequence of construction and assignment of space in areas where the to I?re Coritractors�areperforming Work, in accordance with the Contract”Documents and the latest x I ; approved Prb)ect schedule ; , i § 338 Andx ^ Omitted E E t .§,43.9/The Constru`ctlon Manager shall endeavor to obtain satisfactory performance from each of the Multiple Contractors;The Constiuction Manager shall recommend courses of action to the Owner when requirements of aiContract are not bemg,fitlfilled. C _ b § 3 3 The/Construction-Manager shall monitor and evaluate actual costs for activities in progress and estimates X, r V for uncompleted,,tasks and advise the Owner and A.T hiteet Engineer as to variances between actual and budgeted or estimated costsil�&taf ig fequifed te submit a Gentfol Estimate,the Genstfuetion Manager shall meet wi a i � ., f ' , i tethe- the: .: . e e te The Construction Manager I � shall also`report the�Contractor's cost.,control information to the-9YA+er-.the Owner against the Contract GMP and v approved Changers: , - 3.311 miffed. I 6,13:,11 . -- i rt a, H: §3;3121 The Construction Manager shall develop and implement procedures for the review and processing of Applications,for Payment bye§ ontractor for progress and final payments. 3:Ju 3 12.2�Not more frequently than monthly,the Construction Manager shall review and eeFW�-recommend the I , ,, `amounts+duerthe respective Contractors as follows: Whei,e there is only one.Contractor responsible for performing the Work,the Construction Manager i*thin seven days after the Construction Manager receives the Contractor's Application for Payment,review the Application,eef"y-recommend the amount the Construction Manager war .determines is due the Contractor,and forward the Contractor's Application and Certificate for Arehiteet� trere3e-Multiple Geatt18t6rS �p2f�Fefeft30F�6rS-6f tn e %1wthe Gen ftef the Genstftic4ien� nls'nh'.ve;J�l sv1e fid} t, F YM ) shall, reeeives with , Payq:nefite e e t A(3) a Pife;eeppl:eat:en and Gei4i fif .ts eate f Pa)q:ne /A\ee f fi ..fy the tetel nt the Genst:Fuetien ManageF&tef:mifies is due all Multiple Prime Centraeter-s ealleetively, and(6) Additions and Deletions Report for AIA Document C132TM-2009(formerly B801 TMCMa-1992).Copyright©1973,1980,1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 9 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) C^_t:a^„to for Payment to the irehiteet.En ig neer. § 3312.3The Construction Manager's eei4ifieatiefi recommendation for payment shall constitute a representation to the=.Owner, based on the Construction Manager's evaluations of the Work and on the data comprising the Contractors' Applications for Payment,that,to the best of the Construction Manager's knowledge, information and j. belieY,the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract _r1Documents.The foregoing representations are subject to an evaluation of the Work for conformance with the iContract Documents upon Substantial Completion,to results of subsequent tests and inspections,to correction of � �#,minor deviations frorri'the,Contract Documents prior to completion and to specific qualifications expressed by the " aV„ "Cor istruction`Manager The issuance of a r^rt ^^to fibr Payment-recommendation for payment shall further n A i constitute a'recommendation to the hitee�t-Engineer and Owner that the Contractor be paid the amount certified. p d #s l r c f u J.,� d 13124The ft ^�^� " ^^' ^n f^f Payment^ ^ R^e^t recommendation of an Application for PaF l ayment by the Construction!,Manager shall not be a representation that the Construction Manager has(1)made i exhauslt tivexor�continuous on-site inspections to check the quality or quantity of the Work;(2)reviewed construction means methods�techni ue"s se, uences for the Contractor's own Work,or procedures; 3 reviewed copies of q 4 P � ) P requisitions�receivedAr6 Subcontractors and material suppliers and other data requested by the Owner to } sub`s`tantiate the Contraetor's,tight to payment;or(4)ascertained how or for what purpose the Contractor has,used T W mponey prevniously paid on account of the Contract Sum. s 1§ 3.313 The Construction Manager shall review the safety programs developed by eaeh of the Multiple Prim q ate the Contractor solely and exclusively for purposes of coordinating the safety programs with those of the other Contfactorsor*`rria.I. g recommendations to the Owner for any safety programs not included in the Work -.6ftheMuhi� Contractor.The Construction Manager's responsibilities for coordination of a'jjiyisaf ty programs�shall not ex'tend;to direct control over or charge of the acts or omissions of the Contractor,ale ti r '~ t Subcontracfors,agents or employees of the Contractors or 'i g Subcontractors,or any other persons performing portions of the Work and not directly employed by the .ruL a� b Construction Manager �i ✓ 1ro3 3 14The Construction'Manager shall carry out observations to determine in general that the Work of each Contractor, is°being performed in accordance with the requirements of the Contract Documents and notify the y !,,'Owner Contractor and, of defects and deficiencies in the Work.The Construction Manager shall r' r shave the authority to t6ject Work that does not conform to the Contract Documents and shall notify the Afebitee / Engineer about the refection The failure of the Construction Manager to reject Work shall not constitute the ' acceptanceofthe Work The Construction Manager shall record any rejection of Work in itgsand include l ' information regarding the re,)ected Work in its progress reports to the AfehiteetEngineer and Owner pursuant to ° A Section 3 3.20 1 Upon written authorization from the Owner,the Construction Manager may require and make N arrangeadditi�onalzinspar testing of the Work in accordance with the provisions of the Contract Docum nts,whether or not such Work is fabricated,installed or completed,and the Construction Manager shall give � 'I.timely notice to the.-��En ineer of when and where the tests and inspections are to be made so that the y Arehiteet E igmeer-may be pf�ese" t for such procedures. l � § 33 15��The Construction 1�Ianager shall advise and consult with the Owner and ^� �En-Engineer during the ' 1t performance of ifs Construction Phase Services.The Construction Manager shall have authority to act on behalf of "the`'=Own r only to the extent provided in this Agreement.The Construction Manager shall not have control over, ✓ wch'azge of, or'resp�o s�liility for the construction means,methods,techniques, sequences or procedures,or for safety ' precautions and programs in connection with the Work of each of the Contractors,since these are solely the r Contractors rights and responsibilities under the Contract Documents.The Construction Manager shall not be mg responsible f t.a Contractor's failure to perform the Work in accordance with the requirements of the Contract - �� DocumentsTheaConstruction Manager shall be responsible for the Construction Managers negligent acts or � al� drs � �, �omss onsbutish�all not have control over or charge of, and shall not be responsible for,acts or omissions of the } a ;_ h",; ontractor, Subcontractors,or their agents or employees,or any other persons or entities performing portions ofthe Work. § 3.3.16 The Genstfuetion Manager shall transmit to the A Fehi eet Contractor shall transmit to the Engineer, with a cry to the Construction Manager,requests for interpretations and requests for information of the meaning and Additions and Deletions Report for AIA Document C132TM—2009(formerly B801 TMCMa—1992).Copyright O 1973,1980,1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA``' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 10 reproduction or distribution of this AIAO 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) intent of the Drawings and Specifications with its written recommendation,and assist in the resolution of questions that may ar-ise arise with the coordination of the Owner,Construction Manager, Engineer,and relevant authorities aK&affected parties,as necessary. The Construction Manager shall take no action on such requests unless the Eii?ilieer.;'reguests specific action from the Construction Manager. The Construction Manager shall also provide `,oversight of the RFI process to ensure the compliance of the Engineer and Contractor to their obligations to resolve - _.RFIs,to.facilitate resolution,and to inform the Owner when a decision from the Owner is required. 3317 The Construction Manager shall review requests for changes,assist in negotiating Contractors'proposals, -11All IM to the Afehiteet and ON"ef,and, if they afe aeeepted, pfepafe Chan e 0fders and- tell �.«,, .: '� ^"FIR � *:_, '" .: « to tl e n« ":teet and submit recommendations to the Engineer and Owner regarding Change Orders and Construction Change Directives. If they are accepted,the Contractor shall prepare Change70rders and the Construction Manager shall prepare Construction Change Directives that incorporate the"Engineer'' modifications to the Contract Documents. f I k a s4 PAGE8 a ''"', �a � } .. , 4geifle P �"- f i'k f ....Y aPreduet , >,'.. "Inj —„} , k� t • P' A Jd..�' ..+ �.'ib J p p 1 ” The Construction Manager shall Eprovide oversightiof the Contra'ctor's and Engineer's compliance with the submittal schedule.and report to the I 1, `Owner on such compharice`to enable the Contractor's timely completion of the work. §43`3 20 The Construction Manager shall t v' Er ' and 0 <r': ''' ," a '�,� ,.313 . , , > l ; '" report to the Owner on a weekly basis observations of project xiP progressand rove "a de report capturmQ.project progress and any defects or observations that will require Contractor or Engmeer`action l _ �c rr 11-120`1 Thome Construction Managerfishall feee -wise as 2" > :additionally report the following .3 ,, 'a f a o f^tea iu;y, p executive level information to the Owner on a monthly asis: .1 " ;Overall project status,including work completed during the previous i .: month'j;k .2 W f8ij R „ n , ja Overview and status of construction schedule Key construction activities planned for the upcoming month; 4 : „u �. __�w _ ;Review of open submittals/RFIs requiring Owner's attention; ;Updated protect cost compared to oriainal budget, q ` ' 6 ztrt ;Actions requiring Owner decision; 7 �ai }egs;Review of any Owner contracts or contract-related actions which need Owner attention; ;Overview of risk items; and feimbufsable expenses .9 Cash flew ereeast repei4s;an 11 Any other items the Owner may require: Additions and Deletions Report for AIA Document C132TM-2009(formerly B801 TMCMa-1992).Copyright O 1973,1980,1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA•.Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 11 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 14:03:27 on 01/05/2015 under Order No.1344547193 1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) § 3.3.20.2 in addition,far Pfejeets eensticae�ed en the basis ef the Cost of the Wer*,the GeHstraetiefi Managef shall include.-the follewing additional information i Centrae4ef's r,vferee rem Equipment utilization repent; !'`....+.. ..ual east..to updated east est;fnates*;alld Afiy athelF items as the rL� � 6 T `Omitted. eHs,addenda,Change Ofdefs and other Medifieatiens,in good er-def an A-1 1 ehanges and seleetions made dufing,renStFHE4ief1, and in addition,approved Shop 4he'A r t and the GeHtraeter;and upon wmpletien of the Pfejeet, shall deliver them te t fi 3 ' ON"ef.Omitted 4- A t fP is t 3.3 23 With the ^Engineer and the Owner's maintenance personnel,the Construction Manager shall 4observe the Contractor s a ' final testing and start-up of utilities,operational systems 1r 1 and equipment and observe any commissioning as the Contract Documents may require. � , Tai § 3.3 24 When the Constructioii Manager considers each Contractors Work or a designated portion thereof is i �1i_� I ,substantially complete,the Construction Manager shall,jointly with the Contractor,prepare for the ^rte rA Engineer a hst}of incomplete or.unsatisfactory items and a schedule for their completion.The Construction Manager ti ''shall assist_the es�EnQmeer in conducting inspections to determine whether the Work or designated portion ,� 6 ffr thereof is substantially complete. p� 0Y, "When �1 When the Work orydesignated portion thereof is substantially complete,the Engineer shall prepare,and�the`� �'= n "A ��~an ^r-4 iteet Owner,Contractor and En ig neer shall execute,a �F Certificate=of Substantial:�Completion Tle Construction Manager shall submit the 0 0 ,,toa Geffifieate review the ` Certificate and.make any necessary recommendations to the Owner and Contractor.The renstruetion Manager Contractor shall coordinate the correction and completion of the Work. Following issuance of a Certificate of '% Substantial Copletion?of=the Work or a designated portion thereof,the Engineer shall r „-36 evaluate,the completion of the Work,of.the. tr t ""r�r Multiple Prime r tr t make r a r-eeemmen,at:On S t f, t tl�e s4rel�ttee�the Contractor with assistance from the Construction Manager,and make recommendations to the \ ,Eneineer and'Owner when'pWork,isxeady for final inspection.The Construction Manager shall assist the Afehiteet ew> t-�,•`` :' \ En'we�r er in conducting final inspections. , § 3.3 26 The Construction Manager shall forward to the Owner,with a copy to the ^retTEngineer,the following information receiyed;from the : Contractor: (1)certificates of t i m surance received,from the' ontractor; (2)consent of surety or sureties, z if any to,reduction in or partial release of retainage or the making of final payment;(3)affidavits,receipts,releases ° yi and waivers Kliens or`bonds indemnifying the Owner against liens;and(4)any other documentation required of the 'Contractor under,�he&tract Documents,.including warranties and similar submittals. §;73.12TiThe�Censtraratien Manager Contractor shall deliver all keys,manuals,record drawings and maintenance ,stocks� ;_ W` 3 1 irectly to the Owner,with a copy of the Transmittal to the Engineer nd;Construction7Manager.The Contractor shall forward to the Enjaineer a final Application for Payment and final Uertificate for Payment upon the Contractor's compliance with the requirements of the Contract Documents. § 3.3.28 Duties,responsibilities and limitations of authority of the Construction Manager as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the Owner,Construction Additions and Deletions Report for AIA Document C132TM-2009(formerly B801 TMCMa-1992).Copyright©1973,1980,1992 and 2009 by The American 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 maximum extent possible under the law.This document was produced by AIA software at 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) Manager, AFehit„nt Gent_nnter and Multiple o.ime Gentraetefs Engineer,Contractor.Consent shall not be unreasonably withheld. PAGE 9. § 4.1 Iti ^ x ,'iAdditienal Ser ieti,;n Manager shall previde the listed Additional Serwiees only if speeifieally designated in the table beleA of , i ramavhEt ti e.. T I t a .:�.t� ►:�:t`Omitted. e i ! §-,"T;-2, i6hitests InEerier design elated ,u,; ry 44 � _ 1s�gn{ �3TM-�897ji'�'� Additienal Serviee designated in Section 4.1, if net fui4her-deseribed in an exhibit it �r ,i� 1i hk � Fij i' § ,4:31 Upon recognizing tfie need,to perform the following Additional Services,the Construction Manager shall notify the Ownerdm wntfi g with reasonable promptness and explain the facts and circumstances giving rise to the Cbnstruction Manager�shalthot proceed to provide the following services until the Construction Manager y� i i. f receives the`Owner"'s wcitten,authonzation: 1 1, WP44 ' ) x �- �. u s. _ � - i 4 �v F3rGi� bid nUn n ;t;en to teseste hlid Semi7 7 �• ll.. , v,,,'tted - n .i.�l ., ,l ' for-alternate bid or proposal requests prepesed by the 3 , mitted• w v� +'4$xdR it "�dti� 'k ivr 4 .fix ' LL` 6 G idtn"g consultation concerning replacement of Work resulting from fire or other cause during construction and furnishing services required in connection with the replacement of such Work; _7 tl.n initial Tlnn....n.. AAnI.:,..' i f ether than#ie A ..hent; e a Se Vice as theiirr�DeelsiAn Maker. To�a'votd-delay in the Construction Phase,the Construction Manager shall provide the following Additional =.`kaSeiwlces,notify-t Owner in writing with reasonable promptness,and explain the facts and circumstances giving rise to.the need. If the Owner subsequently determines that all or parts of those services are not required,the Owner shall give prompt written notice to the Construction Manager,and the Owner shall have no further obligation to compensate the Construction Manager for those services: Additions and Deletions Report for AIA Document C132 TM—2009(formerly 8801 TM Me—1992).Copyright®1973,1980,1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA"'. Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 13 reproduction or distribution of this Al a 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is notfor resale. User Notes: (2051758402) .1 Services in evaluating an extensive number of Claims submitted by a Contractor or others in connection with the Work when the "ft--Engineer is serving as the Initial Decision Maker. 4 2 To the extent the Construction Manager's-Basic Services are affected, providing Construction.Phase Services 60 days after:(1)the d4e ef Substantial Gemplefien of the Work of(2)the antieipated date 4.,•M ef Substantial Completion,identified ifi 1fikial .after December 31, 2015,other than the 1 year review in Section 3.3.29 .3 Services required in an emergency to coordinate the activities of a Contractor of Multiple PF o CentfaeterTin the event of risk of personal injury or serious property damage,consistent with Section 3.3.13 t 4!3.3 Ifthe services covered b this Agreement have not been completed within � �..,enth..efthe date E)F a Y gf p th+n��� �n� ���� §�� " ^�� '' t-by the end.of December of 2015 through no fault of the Construction Manager, extension of the j ,Constructibnimanager services beyond that time shall be compensated as Additional Services. I PAGE 10 oZ Iii ' �! x`5.1 k _ °:,_ I -speeial equipment,systems,and site fequifements. Within 15 days aftef feeei fien § , 4 - 2 F � .Omitted. `y T G t �• j�+ 9 > ,' ly update the&Affier's budget for the PrE�eet, ineluding(1)the budget " 6.1,(2)the ON"er's ether easts,and(3)reasonable Gentingen �u µ at t az -r41 Cl �f�6 " r, ' ». i Omitted. x § 5s3 Cstsi F A_ o,. r s„FF..:o„t .,t:.,�.o....;os�t.,eavelF ..1, ,.,,StS. Omitted. r^f - 1 f ,§ 5:4 The Owner shall retain an:' ngineer to provide services,duties and responsibilities as described in DocBOI'2007, Standard Form of Agreement Between Owner and rehiteet Fenstfuetion * `Engineer,as amended.The Owner shall provide the Construction Manager a copy of h� the executed agree`ent between the Owner and �En ig neer and any further modifications to the agreement. + ,r&5s� r1r 5^6 The Owner shall furnish surveys to describe physical characteristics;leg9111i itatlons'and utility locations for the site of the Project, and a written legal description of the site:The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjolnmg property and strt aures- designated wetlands;adjacent drainage;rights-of-way,restrictions,easements, „� x� .> 1,IJP" ,> encroachments,,zoning,deed restrictions,boundaries and contours of the site;locations,dimensions and necessary `�A' V-,- ,data with�re'pect to existing buildings,other improvements and trees;and information concerning available utility , services and]mes;,both public and private,above and below grade, including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. Y t fl a fir° r' '. �n. 1-imlited*Ae test�_�_fifigs,test pits, deteffAinatiens ef sail beafifig Nalues,pefeeleAi tests and ifiel '`Si "p �r� 'iFr"aaR rii��;y tx^arc,a .na•, i.0�e , tests,reund 3 4Yc subseil I .,�....._ ......�.. .moi`..:._,..... ,.�,_ ,...• 6-fieipating , fitted. Additions and Deletions Reportfor AIA Document C132TM—2009(formerly B801 TMCMa—1992).Copyright©1973,1980,1992 and 2009 by The American 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) r § 5.11 The Owner shall provide prompt written notice to the Construction Manager and ^F t-Engineer if the AOwner_becomes aware of any fault or defect in Project, including errors,omissions or inconsistencies in the i ,4eet's Engineer's Instruments of Service or any fault or defect in the Construction Manager's services. a. . {" PAGE':11'_ r § 5 Itxcept as otherwise provided in this Agreement,or when direct communications have been specially the Owner shall endeavor to communicate with the Contractor and the!`onstfuetien>`"anageFls 1 art � ce�., t�ar.sthrough the`FConstruction Manager about matters arising out of or relating to the Contract Documents. The Owner sliall promptly.,notify the Construction Manager of any direct communications that may affect the .�,Construction Manager s services. 1 + �`, 1 aN ' E �? § 514 �F a t>,e r tfaet for Gefistfuetien t"o-The Owner shall coordinate the Construction Manager's I 8E duties and AresponsAlitles-set,forth in the Contract for Construction with the Construction Manager's services set t forth m�tfhts Agreement!jhe Owner shall provide the Construction Manager a copy of the executed agreements l between th""Owner,and Contractors,including the General Conditions of the Contracts for Construction. r p U t I C{ t 11 L k 7 r',:;'b 'E, 1 } *h r'1 t fl.9..;,. 44:" nn'i,.• ..q b fir;`. est of the Werk shall be the teta. _,Yn 14 a{' a�fF �84756aw�. t et --the Gest ef the Wenk is preN,ided in initial inferfflatien,and May be adjusted} j F f S. 1-_a:,. ¢'#L,--A" yl -4, � ;�i t a a� r iii�id s• � ". ,i'Vel-k.---I -4-1-ded estimates of the Gert ef the VIRFIE prepared by the GOAStMetion iu' - 41 judgment as a pefsen of entity familiaf with the eenstfuetion 14 ,. the budget pr RF P"Ahliat:A4�- L ry. N �x «r`7 kyr • r 4 y t 4 'y r � - �4 size, quality of budget, 441 ager-and Afehiteet in making sueh adjustmen .�I. "^49 ".' 1�r 11w N, NOT` ��I�J;�I�� n sem` ', z* t F«tL.n h.,nt of the lU.,rL the lly..,o.-sL..11 - (<.• r, _,44,",f T Oen nppf al of an ; o in the budget F f the G qt nf t6o llIArL• Mth the Genstfuetien Manager and e ef ii�" ��' l;t. required t.. .d, otl.o Cast of theWerk;of > > > Z implement n ether mutually aeeeptable altefn ti The Construction Manager and the Construction Manager's consultants, if any, shall not own or claim a copyright in the Instruments of Service. The Construction Manage the r enst--uetien Manager'seensultants,if a*, Manager Additions and Deletions Report for AIA Document C132TM—2009(formerly B801 TMCMa—1992).Copyright O 1973,1980,1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 15 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its.use on the Project. If the Owner and Construction Manager 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. 1 f 8.1.1 The Owner and,Construction Manager shall commence all claims and causes of action,whether in contract, ,tort; or otherwise, agamstthe other arising out of or related to this Agreement in accordance with the requirements I� "of the methpd of bindfng�d"ispute resolution selected in this Agreement within the period specified by applicable 4; ;:,FL.:,., 10 yeaFs after the date of Substantial!`effl letiefi E)f the\Il/EAC. law. The Owner and Construction Manager waive all claims and causes of action not commenced in accordance with this Section 8.1.1. F� § 8``1 2T the extent damages�:are covered by property insurance,the Owner and Construction Manager waive all I I I A nghts against each other arid=against the contractors, consultants,agents and employees of the other for damages, P 1 ezcept�suc}%Ights as they ^^" T rriay,have to the proceeds of such insurance as set forth in AIA Document + A201 ,2007,GeneralfCondit' t►ons of the Contract for Construction.The Owner or the Construction Manager,as ', appropriate, shall require of the contractors,consultants,agents and employees of any of them similar waivers in 31,u f favor oflthe.otherrparties enumerated herein. i M A> rll 4r J '.^�t�r,�� ,.t1 e-,Ownerand Construction Manager shall endeavor to resolve claims,disputes and other matters in I iquestion between them by medlation'which,unless the parties mutually agree otherwise, shall be administered by ^.�tt,'o fA en -a mutually acceptable mediation group,using one mutually acceptable rnediator n accordance with rts�Construction Industry Mediation Procedures in effect on the date of the Agreement. ' y 'Are for m6&i' n shall be made in writing,delivered to the,other party to the Agreement,and filed with the. .� -i,/person or entity adm nisteripg�the mediation.The request may be made concurrently_with the filing of a complaint or,other a pro riaate defrian`d for binding dispute resolution but,,in such event,mediation shall proceed in advance of PP P g P 1,,,,,�ihdi4,,,di�puT���e�-�lution,oroceedings,which shall be stayed pending mediation for a period of 60 days from the f date of=filing,unless stayed�for a longer period by agreement of the parties or court order.If an arbitration Ypioceedingis stayed pursuant to this section,the parties may nonetheless proceed to the selection of the arbitrator(s) r and`agree upon a schedule for later'proceedings. V _#VQT,t � ""hU W § 8.2 4 If the parties do not='resolve a dispute through mediation pursuant to this Section 8.2,the method of binding -i ,&J df'spute resglution shall be't#ie feNe�wt>}g r bit�t.m, suant to Seetien 8.3 efthis Agieecrrerrt 1 �'r �k t rgat�ert m�reei t of eenipetefrtjuf+sdieta —i—Other: (Spee-6q IN , t17 Irtieation to Dct Court, Pitkin County, State of Colorado. .m.....rvY Omitted. § 8.3.1 if the parties have seleeted as the Fnethod fef binding dispute feselutien in this Agreement an5 elaim,dispute or other fnat4er iR questien afising out of or-related to this Agf eement subjerA to,but not r-eseived , Additions and Deletions Report for AIA Document C132 TM—2009(formerly B801 TMCMa—1992).Copyright®1973,1980,1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA`` Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 16 reproduction or distribution of this AIAQ' 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) mediation shall be sal�eet te arbitf4iefi whieh,unless the pafties mutually agfee ethefwise, shall be a0ministefed by ,_th'e,Ameriean Arbitration Asseeiatien in aeeerdanee with its Constmetien . rARnd fqr Firbitratien shall he Fn de d�Riii ;on but i the date when the institution of legal eF equitable pr-eeeedings ba &,,ent shall it be made after It 0'1 4 4 A Aand fef afbitfa6en shall be made ne efflier than eeneurrently with the filing ef a feEltiest fef V Id be bafred by the applieable statute of limitations. FeF stat the institution of legal of equitable pfeeeedings based en t4e elaini,dispute er-ethe te arbitr4e and OthelF ffffeements te afbitfeAe with an additional person or entity this Agreement shall be speeifieally enfefeeable in aeeefdanee with applieable ...... _(s)shall be final,and judgment may be entere I; in_R e e-F. an ee theFeef 1 �~ L r f ! t i L 6 Omitted -• -F d that(1)the ar-bitratien agreement geverning the other afbitration >> 4 ra ', _ M :A-A bejE)inedeE)nsentsin-Afitingtesuehjeinder.CenseiitteafbitfatiefiifiN,el,,,ifigan 4 ry e { J 4he, 44 0 4 xt j a x b f gfant to any p of!entity made a party to an afbitratien V r Vis• Owner-f� to make payments to the Construction Manager of undisputed amounts properly due in 7 � accordance'ith this Agree nent,,the Construction Manager may provide written notice of such failure. If the $` ;;,, fix, Owner fails,to make payment wrthin fourteen(14)days of receipt of such notice, such failure shall be considered substantial nonperformd•cau ance anse for termination or,at the Construction Manager's option,cause for suspe sion of performance.of services under this Agreement. If the Construction Manager elects to suspend services,the Construction Manager shall give an additional seven days' written notice to the Owner before suspending services'In the°event,of a suspension of services,the Construction Manager shall have no liability to the i Owner for delaTolr$damage:caused the Owner because of such suspension of services. Before resuming services,the Construction Managerr shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the�Construction Manager's services. The Construction Manager's fees.for the remaining services �� ���I and the time schedules shall be equitably adjusted. PAGE43�- ,9 4 Either pa lyy may terminate this Agreement upon not less than seven days' written notice should the other party Ut I fa il';substantfally to perform in accordance with the terms of this Agreement through no fault of the party initiating _w _ theterminatton If a termination by the Owner is subsequently determined to be wrongful,such termination shall automatically be converted into a termination for the Owner's convenience. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience for any reason and without cause. Additions and Deletions Report for AIA Document C132TM-2009(formerly B801 TMCMa—1992).Copyright O 1973,1980,1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA` Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 17 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) § 9.6 In the event of termination not the fault of the Construction Manager,the Construction Manager shall be , compensa`ted for services performed prior to termination,together with Reimbursable Expenses then due and All ue. 9.7 --ant fef the Genstfuetien Manager's antieip ted profit en the value ef the sefviees net perfermed by the ._.. .: n r of .> belew. Omitted. �, `1 9:7.1 ,th I .nDh `Omitted. j r f� � { f��• k q� r h 2 i ' r`,[kt A wI1ft52 Omitted ;r a r This Agreement shall be governed by the law of the place where the Project is located,except that if the �t t sie'r 1 i a. p'; § 10 2�Terins in this Agreement,-shall have the same meaning as those in AIA Document ^'"�TA201-2007, 4,6eneral Conditions"ofthe,Confract for Construction, except for purposes of this Agreement,the term "Work"shall V include the.work of all Contractors under the administration of the Construction Manager. per. j §,10VMT Owner and Construction Manager,respectively, bind themselves,their successors and w c r ,µ k assign's and legal-,representatives to,this Agreement.Neither the Owner nor the Construction Manager shall assign I t this fAgreeinent without the 7itten;,consefit of the other,except that the Owner may assign this Agreement to a f J lendertproviding financ g for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement f =` r ..-- -_..,w . I ` §A0 4 If the Owner requests the Construction Manager to execute certificates,the proposed language of such r'` `cer`tificates shall be submitted to the Construction Manager for review at least 44-7 days prior to the requested dates of execution Ift'he Owner requestshthe Construction Manager to execute consents reasonably required to facilitate assignment-to a lender,the_Construction Manager shall execute all such consents that are consistent with this ` Agreement„proviided t`he proposed consent is submitted to the Construction Manager for review at least 44-7 days' i Ll prior to execution.The Construction Manager shall not be required to execute certificates or consents that would i require knowledge, ervices or responsibilities beyond the scope of this Agreement. §,10 7 TheConstruction'�Manager shall have the right to include photographic or artistic representations of the design of the Project among the Construction Manager's promotional and professional materials.The Construction m Managenshal ,be given reasonable access to the completed Project to make such representations. However,the *Construction Manager's materials shall not include the Owner's confidential or proprietary in f rmation if the O nef n ct , fftie4ien Manager in Nwiting of the speeifie infeffnatien,eensidered by the Owner to' 'fi t � k information.The Owner shall provide professional credit for the Construction Manages m_tt&tgwner's promotional materials for the Project. PAGE 14 § 11.1.1 F„r Dro..onStFl:ietiefl Phase Services in Seetien 1-2+ Additions and Deletions Report for AIA Document C132TM—2009(formerly B801 TMCMe—1992).Copyright®1973,1980,1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This Ale 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 under the law.This document was produced by AIA software at 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) Omitted ' t '�k Imount 6!� or ) ineluding f Sums; IVI For':Construction Management services in 2015 for Galena Plaza Improvement Project and related ancillary work, the"Constructioon Manager's compensation shall be$184,000 including an estimate of reimbursable expenses which shall be billed atcost 3See also,Exhibit B,RLB Fee Worksheet proposed invoicing. Vl 5�'1,1 2 '` ��' ' designated in Seetion 4.1,the 0,Anef shall eempensate the Gefis�fuc4ien Manage ' ( # J k .� { i b rXi e p„Y' E �� s± 'a 1 a w"'f lid �� 44 Omitted a ,3 t Iranrrt a a°3, - Designation ; .x gas Hourly Rate yt r a � ,Y Executive Vice President/Principal $192.00 �r � Semor Prosect Manager: $173.00 Associate "� $149.00 i rSenior Constructions Manager $145.00 Senior CostYManaer $128.00 i -,Cost' anager _�, $122.00 60.00 �x Administrative Support 9i N q f L X11 4 a} t.t a�, a a �� 3 ` ef as ° 3 °TF �i 9 � e d% l § 11 5 TheHourly billing rates for'services of the Construction,,,Tanager and the Cens*..ueti.., M...,.g ff'S Manager tf„any;are set forth below.The rates shall be adjusted in accordance with the Construction 3 � .Manager's' normal review practices. °�r 4 y11i "i� ria a QeSignatiOn''97.,, HOUCIy Rate „t Executive Vice President/Principal $192.00 Semor Proie $173.00 �� Associate Semor�Constructnon Manager $145.00 "', ~ ° �"``��Seni6 CostMatiager $128.00 Mria Iii';�ii � Cost Manager $122.00 AdmrustcativeSupport $ 60.00 Employee OF GategGFY Rate($0.00) Additions and Deletions Report for AIA Document C1321"—2009(formerly B801 T'"CMa—1992).Copyright©1973,1980,1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA` Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 19 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) .1 Transportation and authorized out-of-town travel and....bsistenee3 travel, subsistence, and accommodation; I ' PAGE 5'Y F .6 Expense of overtime work requiring higher than regular rates,—rates only for non-exempt employees, if authorized in advance by the Owner; t � 8 > h g i { w • miffed. k M t f V, Reimbursable-Expenses the compensation shall be the expenses incurred by the Construction Manager i r .Manager,subject to I rjk� iq'Iappr6Val6ftheOwners 1f1 71 An`mi initial'p- -ib Zero($0.00)shall be made upon execution of this Agreement and is the minimum 1 , �payinent�under�thtsAgreerrientlt shall be credited to the Owner's account in the final invoice. Unless other'iXnse,a'gredd,payments for services shall be made monthly in proportion to services performed. Paymentsware due andpayable"upon presentation of the Construction Manager's invoice. Amounts unpaid r FortyfFtvet(y45 days after th"e-invoice date shall bear interest at the rate entered below,or in the absence thereof at V th'e,`legal rate�prevaihng from time to time at the principal place of business of the Construction Manager. a ra MSP 'Gi4EiOt percent (8%) s{±r2 a J"sw Imp * t r §_121. Tax-Exemption:/ Alflburchases of supplies,construction or building materials shall not include Federal �� `Excise Taxes or Colorado State or local sales or use taxes. The Owner's State of Colorado tax identification number is 98k04557 The Owner's Federal Tax Identification Number is 84-6000563. 1r �tV{ r§`"tu4 r'4 §12 2. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing --,°contained in this agreement shall result in,or be construed as establishing an employment relationship. Engineer :} f 0 if shall be,and sfiall'perform`asan-Independent Contractor who agrees to use his or her best efforts to provide the said i Y J. rY 4 .- ms {3`^ I services on behalf ofthe QwnerANo agent,employee, or servant of Engineer shall be,or shall be deemed to be,the emplo e�a "agent or.servant'ofthe Owner. Owner is interested only in the results obtained under this contract. The a manner an&,,,' 'of conducting the work are under the sole control of Engineer. None of the benefits provided by Otoits em loyees:including•but not limited to,workers' compensation insurance and unemployment a v . : mstirance,are avatlable;from Owner to the employees,agents or servants of Engineer. Engineer shall be solely and �'— entirely responsible for its acts and for the acts of Engineer's agents, employees,servants and consultants during the r eeformance ofthis contract. Engineer shall indemnify Owner against all liability and loss in connection with,and 7r ,` $�� �� shall2assttme full`"responsibility for�ayment of all federal,state and local taxes or contributions imposed or required �;'h��U�wah�';;��i��`�,, under unemployment insurance, social security and income tax law,with respect to Engineer and/or Engineer's "��� i��'�� '�� � emplovees,engaQed in the performance of the services agreed to herein. 412.3 Notice. Any written notices as called for herein maybe hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested,to: Owner: Construction Manager: Additions and Deletions Report for AIA Document C132TM—2009(formerly B801 TMCMa—1992).Copyright m 1973,1980,1992 and 2009 by The American Institute of Architects..All rights reserved.WARNING:This AIRS Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 20 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402) City Manager Peter Knowles ' City of Aspen Rider Levett Bucknall A30 South Galena Street 1675 Larimer Street,Suite 470 `_.Aspen,Colorado 81611 Denver,CO 80202 Phone:(720)904-1480 With a copy to: Fax: (720)904-1481 __�.' _= James R.True, Esq. City Attorney c 130;South Galeria Street Tk As ens,Colorado/8161 l § 12.4 Non blikHmmatlon: No discrimination because of race,color, creed,sex,marital status,affectional or y sexual orientation famtlyresponsibility,national origin,ancestry, handicap,or religion shall be made in the �� a aemployment ofpersons to perform services services under this contract. Engineer agrees to meet all of the requirements of Owner's finicipal code Section 13-98,pertaining to non-discrimination in employment. §` 5 12 Waiver tiThe}waiver by the Owner of any term,covenant,or condition hereof shall not operate as a waiver 1 i of any�subse went bred&,b the same or any other term. No term,covenant,or condition of this Agreement can be waiveTexcept bu"-the°written consent of the Owner. Forbearance or indulgence by the Owner in an regard egard ,whatsoeverr shall'not con stitute''waiver of any term, covenant,or condition to be performed by Engineer to which r the;same�may apply and:.until complete performance by Engineer of said term,covenant or condition;the Owner 4 shall be entitled16j' yoke any remedy available to it under this Agreement or by law despite any such forbearance tcs—,-77777 .7,77-77 F erlCe a r� 4-12.6 Execution of Agreement'by Owner. This agreement shall be binding upon all parties hereto and their ' respective heirs e",c tors administrators,successors and assigns. Notwithstanding anything to the contrary rw' `, ��-,.� k� �� �eontamedherem'rith�s Agreement shall not be binding upon the Owner unless duly executed in accordance with the reguif ents'ofthe`Owners=municipal code, by the Mayor of the Cit of fAspen,or a duly authorized official in his t absence"followin ,'approval of City Council. IllegalAllens 16dkS 817.5.101:&>24.76.5.101 .1 Purpose. Durmj�lthe&2006 Colorado legislative session,the Legislature passed House Bills { 06`i 143'(sub66ntR.amended 84hj 07-1073)and 06-1023 that added new statutes relating to theemployment of ,�`�'t; E,and,contr`acimd with illegal aliens. These new laws prohibit all state agencies and political subdivisions,including ,w xt F V�r W fiTi'nv C ; the:Owner,from knowingly,hirm �ag 'n illegal alien to perform work under a contract,or to knowingly contract with a R - `ConsultanNtho_knowin y<fi»es wi'th`an illegal alien to perform work under the contract. The new laws also require that`all conct tras f6Ks'eruwes include certain specific language as set forth in the statutes. The following �� 1'te'rim's and con ditions have been designed to comply with the requirements of this new law. I 2 i DA tions{ The following terms are defined in the new law and by this reference are incorporated herein'and arty contract for services entered into with the Owner. t 1E uerafwprogram"means the electronic employment verification program created in Public Law 208, Congress,as amended,and'expanded in Public Law 156, 108th Congress,as amended,that is iointly f' b admmfstered by the United States Department of Homeland Security and the social security Administration,or its successor program. ��kPn�` n qr 2 t Department program means the employment verification program established pursuant to Section 8-1,7:5- 02(5)(c). �;3 'P blic Contract for Services"means this Akreement. .4 "Services"means the furnishing of labor,time,or effort by a Consultant or a subconsultant not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. Additions and Deletions Report for AIA Document C132TM—2009(formerly B801 TMCMa—1992).Copyright m 1973,1980,1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA` Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 21 reproduction or distribution of this AIAo' 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is notfor resale. User Notes: (2051758402) .3 By signing this document,Consultant certifies and represents that at this time: 1 Consultant 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 Consultant has participated or attempted to participate in either the e-verify program or the department °7 program in order to verify that new employees are not illegal aliens. .4Coiigultiant hereby confirms that: 4 r w L1Consul"tant`s hall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. / F Consultant shall„not enter into a contract with a subconsultant that fails to certify to the Consultant that thesubconsultant shall not knowingly employ or contract with an illegal alien to perform work under the 3 a 4 T Public Contract�foc Services. 1% 3` ,Consultantha's onfirmed the employment eligibility of all employees who are newly hired for I �1 employment to perform work under the public contract for services through participation in either the t h, a.verify program'or the,department program. Consultant shall ri Aa $ ot use the either the e-verify program or the department program procedures to under re employrnent screening of job applicants while the Public Contract for Services is being F t performed. £ XVIr 1 t -, 1 5 J If Consultant obtains actual knowledge that a subconsultant performing work under the Public Contract,6o Services knowingly employs or contracts with an illegal alien,Consultant shall: Notify such subconsultant and the Owner within three days that Consultant has actual .a' bl� knowledge:that the subconsultant is employing or subcontracting with an illegal alien;and mix ss 3 _ 2 Termmate the subcontract with the subconsultant if within three days of receiving the lE ,, r notice required:pursuant to this section the subconsultant does not stop employing or contracting th'tlie illegal alien”,except that Consultant shall not terminate the Public Contract for Services with thersubconsultant if during such three days the subconsultant provides information to q , rs establish that the'subconsultant has not knowingly employed or contracted with an illegal alien. �I.f f - 11 iii IN t - x� I Y i Z ```its 1R', �� , �,u 6�. Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment made to 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` CRSFN a 7 If Consultantviolates any provision of the Public Contract for Services pertaining to the duties h�( ttimyosed&bv Subsection 8-17.5-102,C.R.S.the Owner may terminate this Agreement. If this Agreement is 6iI�a �x soktermmated;Consultant shall be liable for actual damages to the Owner arising out of Consultant's �� ' violatio-`Wf ubsection 8-17.5-102,C.R.S. 1,pT £& 12 8 It is agreed that neither this agreement nor any of its terms,provisions,conditions,representations or x covenants can be modified,changed,terminated or amended,waived,superseded or extended except by appropriate �� ��`� � ' 'wrrtten instrument fully executed by the parties. - 6`Hk �xe�.a,'� �,�?*&,����'$�X12.9 ,�If�any�ofthe provisions of this agreement shallbe held invalid,illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of another ther provision. PAGE 18 Additions and Deletions Report for AIA Document C132TM—2009(formerly B801 TMCMa—1992).Copyright®1973,1980,1992 and 2009 by The American 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 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 14:03:27 on 01/05/2015 under Order No.1344547193_1 which expires on 10/03/2015,and is not for resale. User Notes: (2051758402)