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HomeMy WebLinkAboutresolution.council.032-15 Ti iE Gn•of ASPEN RESOLUTION 32 (Series of 2015) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND PCL CONSTRUCTION SERVICES INC, 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,AIA A102—2007 CONTRACT-STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR WHERE THE BASIS OF PAYMENT IS COST OF THE WORK, PL US A FEE WITHA GUARANTEED MAXIMUM PRICE- between the City of Aspen and PCL CONSTRUCTION SERVICES INC, 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 Contract between the City of Aspen and PCL CONSTRUCTION SERVICES INC - 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. 1hINTRODUCED, READ AND ADOPTED by the"City Council of theCity of Aspen on the 16 day of March, 2015. V Steven Skadron, Mayor 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 on the 161h day of March, 2015. Linda Mannin , City Clerk r AIA Document A102 TM - 2007 Standard Form,of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the 16th day of March in the year 2015 ADDITIONS AND DELETIONS: BETWEEN the Owner: The author of this document has added information needed for its City of Aspen completion.The author may also 130 South Galena Street have revised the text of the original Aspen,Colorado 81611 AIA standard form.An Additions and Deletions Report that notes added and the Contractor: information as well as revisions to the standard form text is available PCL Construction, Inc. from the author and should be 2000 S. Colorado Blvd.,Suite 2-500 reviewed.A vertical line in the left Denver,CO 80222 margin of this document indicates where the author has added for the following Project: necessary information and where the author has added to or deleted Galena Plaza/Rio Grande Garage Improvements from the original AIA text. City Project Number 2012-018 This document has important legal Aspen,Colorado 81611 consequences.Consultation with an attorney is encouraged with respect The Engineer and Architect: to its completion or modification. This document is not intended for S. A. Miro,Inc. use in competitive bidding. 610 Main St., Suite 11 P.O.Box 2243 AIA Document A201 Tm-2007, Frisco,CO 80443 General Conditions of the Contract for Construction,is adopted in this Studio B Architects document by reference.Do not use 501 Rio Grande Place,Unit 104 with other general conditions unless Aspen,Colorado 81611 this document is modified. 970 920-9428 The Owner and Contractor agree as follows. 1 AIA Document A102TM—2007(formerly A111 T —1997).Copyright©1920,1925,1951,1958,1961, 1963,1967, 1974, 1978,1987,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be I prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:32:58 on 03/10/2015 under Order No.1893379848_1 which expires on 02/12/2016,and is not for resale. User Notes: (1884374091) 1 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 RELATIONSHIP OF THE PARTIES 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 5 CONTRACT SUM 6 CHANGES IN THE WORK 7 COSTS TO BE REIMBURSED 8 COSTS NOT TO BE REIMBURSED 9 DISCOUNTS,REBATES AND REFUNDS 10 SUBCONTRACTS AND OTHER AGREEMENTS 11 ACCOUNTING RECORDS 12 PAYMENTS 13 DISPUTE RESOLUTION 14 TERMINATION OR SUSPENSION 15 MISCELLANEOUS PROVISIONS 16 ENUMERATION OF CONTRACT DOCUMENTS 17 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,as amended,Conditions of the Contract(General, Supplementary and other Conditions), Drawings, Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior. negotiations,representations or agreements,either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement,this Agreement shall govern. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 RELATIONSHIP OF THE PARTIES The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Contractor's skill and best professional judgment in furthering the interests of the Owner;to furnish efficient business administration and supervision;to furnish at all times an adequate supply of workers and materials;and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish and.approve, in a timely manner, AIA Document A102M—2007(formerly A111 TM—1997).Copyright©1920,1925,1951,1958,1961,1963,1967, 1974, 1978,1987,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 2 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:32:58 on 03/10/2015 under Order No.1893379848_1 which expires on 02/12/2016,and is not for resale. User Notes: (1884374091) i information required by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents. ARTICLE 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 4.1 The date of commencement of the Work shall be fixed in a notice to proceed issued by the Owner. (Paragraph deleted) The Owner requires time to apply for and obtain the necessary building permits,as follows: The construction of the Work will commence by approximately April 1,2015. § 4.2 The Contract Time shall be measured from the date of commencement. § 4.3 The Contractor shall achieve Substantial Completion of the entire Work not later than as follows: (Paragraphs deleted) Portion of Work Substantial Completion date Full project November 25,2015 subject to adjustments of this Contract Time as provided in the Contract Documents. § 4.4 LIQUIDATED DAMAGES Should the Contractor fail to substantially complete the Work on or before the date of Substantial Completion for each building set forth in the Contract Documents,as adjusted by Change Order,the Owner shall deduct from any monies due or which may become due to Contractor,a sum as specified therein, for each and every calendar day for each building that the Work shall remain uncompleted. This sum shall be considered not as penalty but as the cost(s)of additional field and office expenses, additional consultants fees,and other expenses incurred by the Owner,caused by such delays. § 4.5 SCHEDULE OF LIQUIDATED DAMAGES: Owner shall deduct from Contractor One Thousand Dollars ($1,000.00)for each day after the Date of Substantial Completion until the Work is substantially complete,as that tennis defined in A201, Section 9.8. The parties acknowledge and agree that the daily amounts set forth above for liquidated damages are reasonable due to increased costs of administrating the Contract,and increased consultants' expenses, incurred by the Owner due to delays in completion. ARTICLE 5 CONTRACT SUM § 5.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum is the Cost of the Work as defined in Article 7 plus the Contractor's Fee. § 5.1.1 The Contractor's Fee: 6.5%of the Cost of the Work. § 5.1.1.1 The Contract Sum identified in Section 5.1.1 above includes within it an amount for General Conditions which is subject to additions and deductions by Change Order as provided in the Contract Documents.General Conditions will be billed at actual costs. Labor costs will be billed based on the terms and the pre-approved billing rates in Exhibit E. Contractor must not move Work from General Conditions to subcontract trades or self-performed work without a signed Change Order,the approval of which shall not be unreasonably withheld. § 5.1.2 The method of adjustment of the Contractor's Fee for changes in the Work: The Contractor's Fee reflected above in§5.1.1 for changes in the Work for Work. § 5.1.3 Limitations on a Subcontractor's and Sub-Subcontractor's overhead and profit for increases in the cost of its portion of the Work shall be governed by Article 7.1 of the A201 General Conditions. § 5.1.4 Rental rates for Contractor-owned equipment shall not exceed One Hundred percent( 100%)of the standard rate paid by the Contractor at the place of the Project. § 5.1.5 Unit prices, if any: None. AIA Document A102T —2007(formerly A111 T —1997).Copyright©1920, 1925,1951,1958,1961, 1963, 1967,1974, 1978,1987,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:32:58 on 03/10/2015 under Order No:1893379848_1 which expires on 02/12/2016,and is not for resale. User Notes: (1884374091) Item Units and Limitations Price Per Unit($0.00) § 5.2 GUARANTEED MAXIMUM PRICE § 5.2.1 The Contract Sum is guaranteed by the Contractor not to exceed Four Million,Nine Hundred Sixty-One Thousand, Six Hundred Fifty-Two Dollars and no/100($ 4,961,652.00 ), subject to additions and deductions by Change Order as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Paragraph deleted) The amount by which the sum of the(i)actual Cost of the Work,plus(ii)the Contractor's Fee,is less than the Guaranteed Maximum Price is referred to as the"Savings". All Savings shall be shared 50%/50%between the Contractor and the Owner at Final Payment with 50%returned to the Contractor and 50%returned to the Owner. § 5.2.2 The Guaranteed Maximum Price is not based on the following alternates,which are not included in the Guaranteed Maximum Price and are not accepted by the Owner.These may be added at a later time by Change Order: • Labor,materials, equipment,transportation,unloading and placement for 14 Mossy Boulders, 1/3 Ton each,as indicated on plans. $4,200 total for 14 boulders. May be added later by Change Order. •Labor,materials,equipment,transportation,unloading and placement for 22 Mossy Boulders,3/4 Ton each,as indicated on plans. $12,500 total for 22 boulders. May be added later by Change Order. •Labor,materials, equipment,transportation,unloading and placement for 4 Mossy Boulders, 1 Ton each, as indicated on plans. $3,024 total for 4 boulders. May be added later by Change Order. •Labor,materials,equipment,supervision,insurance,general conditions,bond and Contractor's Fee for Rio Grande Plaza Building Remodel and Upgrades based on plans and specifications which may be provided at a later date. $413,000 • Modifications needed to Rio Grande Building for temporary Access/Egress during construction when existing elevators and stairs are taken out of service temporarily, including 2 hour rating at egress corridor to alternate elevator, sprinkler modifications,miscellaneous mechanical modifications,and signage. $147,000 • Add soil amendment to existing topsoil from Plaza for reuse based on a specification to be determined after soil sample testing. $ 68,827 § 5.2.3 Allowances included in the Guaranteed Maximum Price, if any: (Paragraph deleted) Item Price •Remodel CoA Rio Grande Building offices to use as temporary $ . 8,000 on-site accommodation for Contractor's staff in lieu of job site trailers.. $100,000 • Labor,materials, equipment,delivery and unloading,to construct custom fabricated,movable,temporary noise mitigation sound wall(s)during construction. $ 10,000 •Labor,materials,equipment,delivery and supervision to provide temporary road base in a section of alley left 18" low by Aspen Consolidated Sanitary District("ACSD")(reference item 97 of MOU) for the purpose of maintaining vehicular access to Galena Plaza until the crane erected by a separate Contractor for the Pitkin AIA Document A102Tm—2007(formerly A11IT"_1997).Copyright©1920,1925,1951,1958,1961, 1963,1967, 1974, 1978,1987,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:32:58 on 03/10/2015 under Order No.1893379848_1 which expires on 02/12/2016,and is not for resale. User Notes: (1884374091) County Library is removed. Temporary road base is intended to minimize impacts of weather conditions. Contractor is not liable for failure of subgrade below the road base. Allowance amount includes removal of road base prior to paver installation. $ 10,000 • Labor,materials,equipment and supervision to install temporary water service for Courthouse, Lofts, hydrants during construction. $ 10,000 • Labor,materials, equipment and supervision to reprogram the traffic light controls at Galena Street and.Main Street. $ 10,000 • Labor,materials, equipment and supervision to remove V of existing concrete top slab on 250 SF of the Plaza prior to installation of waterproofing system. $ 10,000 •Labor,materials,equipment and supervision to perform potholing to determine,the location of existing utilities. $ 1,800 • Furnish a bank security guard or guards during temporary electric shut down during the switching over electric feeds. $ 10,000 •Labor,materials,equipment,transportation,and unloading to remove and store horse statue. $ 3,000 • Provide carwashes for affected parking occupants,as needed. $ 8,000' • Material allowance for aluminum wall support framing and anchors at horizontal metal grating at details A4.1 and A5.1. § 5.2.4 Assumptions and Qualifications, if any, on which the Guaranteed Maximum Price is based: See Exhibit C. § 5.2.5 To the extent that the Drawings and Specifications are anticipated to require further development by the Architect,the Contractor has provided in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems,kinds and quality of materials, finishes or equipment,all of which, if required, shall be incorporated by Change Order. § 5.3 Contingency § 5.3.1 The Contractor's GMP may include up to 2%0 of the GMP as a Contractor's Contingency for the Contractor's exclusive use to cover costs defined in Article 7 which are properly considered reimbursable as a Cost of the Work but do-not form the basis for a Change Order or an increase in the GMP in accordance with the Contract Documents,or as a result of change's in the scope of the Work. No Fee is added to the Contractor's Contingency at the time the GMP is prepared. § 5.3.2 The Contractor shall report and reconcile the Contractor's Contingency to the Owner on a monthly basis. If the Contractor wishes to use the Contractor's Contingency during the Project, the Contractor Contingency will be allocated to specific line items in the Estimate through the use of a Change Order signed by the Owner and Contractor, including a description of the items covered by the Contractor's Contingency. The Contractor's Fee on the contingency amount will be added to the Change Order at the time the contingency is allocated to individual line items. The allocation of the contingency will not increase the GMP, however the Contractor's Fee on the contingency amount will increase the GMP. § 5.3.3 The Owner shall not unreasonably withhold approval of a Change Order to utilize the Contractor's Contingency provided (a) the contingency amount requested does not exceed the GMP and (b) the Contractor utilizes the Contractor's Contingency for items required for the Project that are'otherwise recoverable as Costs of the Work under the Contract Documents but do not form the basis for a Change Order, for example: AIA Document All 02 TM—2007(formerly All 11 TM—1997).Copyright©1920,1925,1951,1958,1961, 1963,1967, 1974,1978,1987,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 5 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 14:32:58 on 03/10/2015 under Order No.1893379848_1 which expires on 02/12/2016,and is not for resale. User Notes: (1884374091) A Scope of the Work that is unclear, incomplete or conflicting on the Contract Documents but which is Work consistent with the Contract Documents and reasonably inferable as being necessary to produce the intended results; or .2 Additional resources necessary to recover lost time for non-excused delays. If overtime is required to maintain the schedule, the Contractor shall obtain the Owner's prior written approval before moving forward with such overtime;or .3 Additional costs to expedite the schedule for non-excusable delays caused by market, labor,material or transportation conditions, labor disputes,normal adverse weather or other causes which are costs of the Work but do not justify an increase in the GMP;or .4 Additional costs necessary to complete the Work included in the Contract Documents due to a subcontractor default,replacement of a subcontractor,or other costs to supplement completion of the Work, or .5 Other unanticipated costs which do not form the basis for an increase in the GMP. §5.3.4 The Contractor's Contingency is not available for use by the,,Contractor for mistakes that result from Self-Performed Work, mistakes of subcontractors or vendors, subcontractor's warranty work, or manufacturer's warranty work. § 5.3.5 The Contractor's Contingency is not available for use by the Owner for allowance overruns, changes in the Scope of Work, differing or changed site conditions,or design errors. § 5.3.6 At Final Completion of the Project, any Contractor's Contingency remaining in the Final GMP will be shared 50/50 between the Owner and Contractor with 50%of the remaining Contingency to the Contractor and . 50%returned to the Owner. ARTICLE 6 CHANGES IN THE WORK §. 6.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work may be determined by any of the methods listed in Section 7.3.3 of AIA Document A201-2007, General Conditions of the Contract for Construction. § 6.2 In calculating adjustments to subcontracts,the terms "cost"and"fee" as used in Section 7.3.3.3 of AIA Document A201-2007 and the term "costs"as used in Section 7.3.7 of AIA Document A201-2007 shall have the meanings assigned to them in AIA Document A201-2007 and shall not be modified by Articles 5,7 and 8 of this Agreement. § 6.3 In calculating adjustments to the Guaranteed Maximum Price,the terms "cost" and"costs" as used in the above-referenced provisions of AIA Document A201-2007 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term "fee" shall mean the Contractor's Fee as defined in Section 5.1.1 of this Agreement. § 6.4 If the extent of such changes is such,in the aggregate,that application of the adjustment provisions of Section 5.1.5 will cause substantial inequity to the Owner or Contractor,the Contractor's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work,and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 7 COSTS TO BE REIMBURSED § 7.1 COST OF THE WORK § 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior audit and consent of the Owner.The Owner and Contractor hereby agree that actual,agreed upon costs for Burdened Hourly Wage rates and equipment rates are the stipulated,fixed rates set forth on Exhibit E and F,and such rates are not subject to further audit or adjustment. The Cost of the Work shall include only the items set forth in this Article 7. AIA Document A102 TM—2007(formerly All 11 TM—1997).Copyright©1920,1925,1951,1958,1961, 1963,1967, 1974, 1978,1987,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:32:58 on 03/10/2015 under Order No.1893379848_1 which expires on 02/12/2016,and is not for resale. User Notes: (1884374091) r § 7.1.2 Where any cost is subject to the Owner's prior approval,the Contractor shall obtain this approval prior to incurring the cost. The parties shall endeavor to identify-any such costs prior to executing this Agreement. § 7.2 LABOR COSTS § 7.2.1 Wages of construction workers directly employed by the Contractor to perform the construction of the Work at the site or,with the Owner's prior approval,at off-site workshops. Overtime for non-exempt employees may be charged at 1.5 times the Burdened Hourly Rates. § 7.2.2 Wages or salaries of the Contractor's supervisory and administrative personnel when stationed at the site with the Owner's prior approval, based on actual hours devoted to the Project. Salaried,exempt employees of Contractor will not be paid an overtime premium,and will not charge the Project for more than 40 hours in any week. Wages or salaries of officers of the company, Project Executives, Construction Executives, Senior Project Executives or above will not be reimbursed under any circumstances. Contractor's approved supervisory and administrative personnel for the Galena Plaza/Rio Grande Project include an Assistant Superintendent and a Project Engineer at the pre-approved rates identified in Exhibit E. These rates must not include allocation for subsistence,per diems,housing,travel, vehicle allowances,gas, other than.as maybe included in the Burdened Hourly Rate cost breakdown submitted to and pre-approved by the City and incorporated into this Agreement as Exhibit E. § 7.2.3 Wages and salaries of the Contractor's supervisory or administrative personnel engaged at factories, workshops or on the road,in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work and devoted to the Project. Salaried,exempt employees of Contractor will not be paid an overtime premium,and will not charge the Project for more than 40 hours in any week. § 7.2.3.4 Contractor's project personnel stationed at the Contractor's principal office or offices other than the site office,will not be charged to this Project without the Owner's prior written approval. The Owner has pre-approved charges for a Project Manager and an Estimator. With the Owner's prior approval, such personnel will be paid based on actual hours devoted to the Project at the rates listed in the approved Burdened Hourly Rates schedule in Exhibit E. With the Owner's prior approval,reasonable travel and temporary living expenses such as travel to and from Denver and reasonable hotel stays are allowed for such employees. Salaried,exempt employees of Contractor will not be paid an overtime premium,and will not charge the Project for more than 40 hours in any week. Wages or salaries of officers of the company,Project Executives,Construction Executives, Senior Project Executives or above will not be reimbursed under any circumstances. § 7.2.4 Costs paid or incurred by the Contractor for taxes,insurance,contributions,assessments and benefits required by law or collective bargaining agreements and,for personnel not covered by such agreements,customary benefits such as sick leave,medical and health benefits,holidays,vacations and pensions,provided such costs are based on wages and salaries included in the Cost of the Work under Sections 7.2.1 through 7.2.3 are included in the Burdened Hourly Rates to be identified on Exhibit E,attached hereto, and will not be paid in addition to the Burdened Hourly Rates.. § 7.2.5 Intentionally deleted. § 7.3 SUBCONTRACT COSTS Payments made by the Contractor to any Subcontractors in accordance with the requirements of the subcontracts on the Project will be considered a Cost of the Work and the Contractor will be entitled to no more than the fee in Section 5.1.1 on Subcontract costs. § 7.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION § 7.4.1 Costs, including transportation and storage,of materials and equipment incorporated or to be incorporated in the completed construction. § 7.4.2 Costs of materials described in the preceding Section 7.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work or,at the Owner's option,shall be sold by the Contractor.Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. AIA Document A102TM—2007(formerly A111Tm—1997).Copyright©1920, 1925,1951,1958,1961,1963, 1967,1974,1978,1987,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 7 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 14:32:58 on 03/10/2015 under Order No.1893379848_1 which expires on 02/12/2016,and is not for resale. User Notes: (1884374091) § 7.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY.FACILITIES AND RELATED ITEMS § 7.5.1 Costs of transportation, storage, installation,maintenance, dismantling and removal of materials,supplies, temporary facilities,machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Contractor at the site and fully consumed in the performance of the Work. Costs of materials, supplies,temporary facilities,machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Contractor shall mean fair market value. § 7.5.2 Rental charges for temporary facilities,machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Contractor at the site and costs of transportation, installation,minor repairs,dismantling and removal. The total rental cost of any Contractor-owned item may not exceed the purchase price of any comparable item. Rates of Contractor-owned equipment and quantities of equipment shall be subject to the Owner's prior approval. § 7.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 7.5.4 Costs of document reproductions, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges,telephone service at the site and reasonable petty cash expenses of the site office. § 7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location,subject to the Owner's prior approval. § 7.6 MISCELLANEOUS COSTS § 7.6.1 Premiums for that portion of insurance and bonds,required by the Contract Documents that can be directly attributed to this Contract shall be reimbursed at the rates established in Exhibit E. Bond premiums for all subcontractors and suppliers for subcontract and purchase orders over$25,000.00 which have been included in the GMP and shall be reimbursable as a Cost of the Work in accordance with the rates on Exhibit E. Subject to Section 11.4.4.1 of the A201, if Contractor elects to utilize a SubGuard program.for subcontractor or supplier default in lieu of bonds, the premium for SubGuard insurance will be a reimbursable Cost of the Work based on the subcontract or purchase order amount at the rates listed in Exhibit E. Amounts for not covered by SubGuard insurance because of deductibles will not be reimbursable as a Cost of the Work. Estimates of the Guaranteed Maximum Price may be based on percentages,however payment to the Contractor will be based on actual cost. § 7.6.2 Sales,use or similar taxes imposed by a governmental authority that are related to the Work and for which the Contractor is liable and which are not exempt under the City's Tax Exemption. § 7.6.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Contractor is required by the Contract Documents to pay. § 7.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201-2007 or by other provisions of the Contract Documents,and which do not fall within the scope of Section 7.7.3. § 7.6.5 Royalties and license fees paid for the use of a particular design,process or product required by the Contract Documents;the cost of defending suits or claims for infringement of patent rights arising from such requirement of the'Contract Documents;and payments made in accordance with legal judgments against the Contractor resulting from such suits or claims and payments of settlements made with the Owner's consent. However,such costs of legal defenses,judgments and settlements shall not be included in the calculation of the Contractor's Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the last sentence of Section 3.17 of AIA Document A201-2007 or other provisions of the Contract Documents,then they shall not be included in the Cost of the Work. § 7.6.6 Costs for electronic equipment, cell phones,computers and software,office furniture and office equipment, directly related to the Work with the Owner's prior approval. The total rental cost of any rental item,excluding the cost of insurance,repairs and maintenance,whether a Contractor-owned item or otherwise,may not exceed the AIA Document A102T''—2007(formerly A111 T —1997).Copyright©1920,1925,1951,1958,1961, 1963, 1967, 1974, 1978,1987,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 8 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to•the maximum extent possible under the law.This document was produced by AIA software at 14:32:58 on 03/10/2015 under Order No.1893379848_1 which expires on 02/12/2016,and is not for resale. User Notes: (1884374091) purchase price of any comparable item. Items purchased for the Project as a direct cost charged to the Project belong to the Owner. Contractor shall provide Owner with an equipment management plan which identifies the following: .1 All equipment to be used on the Project;and .2 Competitive market rental rates for the equipment, including whether the equipment can be rented on an hourly,weekly or monthly basis; and .3 A recommendation regarding whether it is in the Owner's best interest to purchase the equipment outright or to rent the equipment;and .4 Which equipment may be provided by the Contractor,at rates not to exceed the competitive market rates. §7.6.6.5 Equipment including,but not limited to, electronic equipment,machinery, cell phones,computers and software,office furniture,supplies and office equipment purchased and charged to the Project as a Cost of the Work shall become the property of the Owner. The Owner may require Contractor to turn these items over to the Owner at. the end of the Project. Any lease/purchase rental arrangements must be disclosed to the Owner. If the Contractor purchases equipment under a lease/purchase arrangement whereby rental payments are charged to Owner as a Cost of the Work,an appropriate credit shall be given to the Owner for the fair market value of the equipment at the time it was last used on the Project. For Contractor-owned equipment,the Contractor shall maintain daily equipment usage reports. The Owner shall not be charged for equipment which is stored on the job site but not in regular use. The equipment use reports shall be used by the Contractor to determine the most economical billing rate(hourly, weekly,monthly)to the Owner. § 7.6.7 Deposits lost for causes other than the Contractor's negligence or failure to fulfill a specific responsibility in the Contract Documents. § 7.6.8 Legal,mediation and arbitration costs, including attorneys' fees,other than those arising from disputes between the Owner and Contractor,and other than those related to claims filed by subcontractors or material suppliers for non-payment on the Project,reasonably incurred by the Contractor after the execution of this Agreement in the performance of the Work and with the Owner's prior approval,which shall not be unreasonably withheld. § 7.6.9 Subject to the Owner's prior approval,temporary living and subsistence expenses approved by Owner incurred for the Contractor's personnel identified in Sections 7.2.1 and 7.2.2 above and required for the Work on this Project. Meals will not considered temporary living expenses and will not be reimbursed. The Owner reserves the right to approve accommodations for Contractor's personnel in advance,and to find them alternate accommodations in the event that the Owner does not approve of their proposed accommodations. § 7.6.10 That portion of the reasonable expenses of the Contractor's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the performance of the Work on this Project,at the rates on Exhibit E which have been approved by the Owner in writing. Travel expenses of officers of the company, Project Executives, Construction Executives, Senior Project Executives or above will not be reimbursed under any circumstances. § 7.6.11 General Conditions will be paid monthly, on the basis of actual costs incurred,but only when supported by evidence satisfactory to the Owner. § 7.6.12 Data processing and Contractor's internal software costs shall be reimbursable as a Cost of the Work in accordance with the rate included on Exhibit E. § 7.7 OTHER COSTS AND EMERGENCIES § 7.7.1 Other costs incurred in the performance of the Work if, and to the extent,approved in advance in writing by the Owner. § 7.7.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property,as provided in Section 10.4 of AIA Document A201-2007. Init. AIA Document All 02 T"'—2007(formerly A111 TM—1997).Copyright©19®0, 1925,1951,1958,1961, 1963, 1967,1974, 1978,-1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties. 9 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 14:32:58 on 03/10/2015 under Order No.1893379848_1 which expires on 02/12/2016,and is not for resale. User Notes: (1884374091) § 7.7.3 Costs of repairing or correcting damaged Work executed by the Contractor, Subcontractors or suppliers, provided that such damaged Work was not caused by negligence,failure to conform to the Contract Documents, or failure to fulfill a specific responsibility of the Contractor and only to the extent that the cost of repair or correction is not recovered by the Contractor from insurance,sureties, Subcontractors,suppliers, or others. § 7.8 RELATED PARTY TRANSACTIONS § 7.8.1 For purposes of Section 7.8,the term "related party" shall mean a parent,subsidiary,affiliate or other entity having common ownership or management with the Contractor;any entity in which any stockholder in,or management employee of,the Contractor owns any interest in excess of ten percent in the aggregate; or any person or entity which has the right to control the business or affairs of the Contractor. The term "related party" includes any member of the immediate family of any person identified above. § 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Contractor and a related party,the Contractor shall notify the Owner of the specific nature of the contemplated transaction,including the identity of the related party and the anticipated cost to be incurred,before any such transaction is consummated or cost incurred. If the Owner,after such notification,authorizes the proposed transaction,then the cost incurred shall be included as a cost to be reimbursed,and the Contractor shall procure the Work,equipment,goods or service from the related party, as a Subcontractor,according to the terms of Article 10. If the Owner fails to authorize the transaction,the Contractor shall procure the Work,equipment,goods or service from some person or entity other than a related party according to the terms of Article 10. ARTICLE 8 COSTS NOT TO BE REIMBURSED § 8A The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principal office or offices other than the site office, of officers of the company, Project Executives, Construction Executives, Senior Project Executives or above,except as specifically provided in Section 7.2.or as may be provided in Article 15; .2 Expenses of the Contractor's principal office and offices other than the site office; .3 Overhead and general expenses, except as may be expressly included in Article 7; .4 The Contractor's capital expenses,including interest on the Contractor's capital employed for the Work; .5 Except as provided in Section 7.7.3 of this Agreement,costs to correct defective,non-conforming work,or work damaged due to the negligence or failure of the Contractor, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; .6 Any cost not specifically and expressly described in Article 7;and .7 Costs, other than costs included in Change.Orders approved by the Owner,that would cause the Guaranteed Maximum Price to be exceeded; .8 Entertainment,business development meals,meals delivered to the job site, or similar expenses; .9 Bonuses,profit sharing,incentive compensation and any other discretionary payments paid to anyone hired by the Contractor or paid to any Subcontractor or vendor,without the Owner's prior approval; and .10 Travel expenses of any kind,including aviation related expenses,of officers of the company, Project Executives, Construction Executives, Senior Project Executives or above. ARTICLE 9 DISCOUNTS, REBATES AND REFUNDS § 9.1 Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if(1)before making the payment,the Contractor included them in an Application for Payment and received payment from the Owner,or (2)the Owner has deposited funds with the Contractor with which to make payments;otherwise, cash discounts shall accrue to the Contractor. Trade discounts,rebates,refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner,and the Contractor shall make provisions so that they can be obtained. § 9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 9.1 shall be credited to the Owner as a deduction from the Cost of the Work. AIA Document A102T —2007(formerly All 1 TM—1997).Copyright©1920, 1925,1951,1958,1961, 1963, 1967, 1974, 1978,1987,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 10 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will,be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:32:58 on 03/10/2015 under Order No.1893379848_1 which expires on 02/12/2016,and is not for resale. User Notes: (1884374091) ARTICLE 10 SUBCONTRACTS AND OTHER AGREEMENTS § 10.1 Those portions of the Work that the Contractor does not customarily perforin with the Contractor's own forces,defined as the Contractor's own personnel or employees, shall be performed under subcontracts or purchase agreements with the Contractor. . The Owner may designate specific persons from whom,or entities from which,the Contractor shall obtain bids. The Contractor shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect. The Owner shall then determine,with the advice of the Contractor and the Architect,which bids will be accepted. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. § 10.2 When a specific bidder(1)is recommended to the Owner by the Contractor;(2)is qualified to perform.that portion of the Work;and(3)has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions,but the Owner requires that another bid be accepted,after the GMP has been established,then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 10.3 Subcontracts,purchase orders,or other agreements shall conform to the applicable payment provisions of this Agreement,and shall not be awarded on the basis of cost plus a fee without a guaranteed maximum price or lump sum price. If a Subcontract or purchase order is awarded on the basis of the cost-plus a fee with a guaranteed maximum price,the Contractor shall provide in the Subcontract or purchase order for the Owner to receive the same audit rights with regard to the Subcontractor or supplier as the Owner receives with regard to the Contractor in Article 11,below. ARTICLE 11 ACCOUNTING RECORDS The Contractor shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred.The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's auditors shall,during regular business hours and upon reasonable notice,on at least a monthly basis, be afforded access to, and shall be permitted to audit and copy,the Contractor's records and accounts,including complete documentation supporting accounting entries,books, correspondence,instructions,drawings,receipts, subcontracts, Subcontractor's proposals,purchase orders,vouchers,memoranda and other data relating to this Contract. The Contractor shall preserve these records for a period of three years after final payment,or for such longer period as may be required by law. ARTICLE 12 PAYMENTS § 12.1 PROGRESS PAYMENTS § 12.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 12.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: § 12.1.3 Provided that a notarized Application for Payment is received by the Architect and the Owner not later than the Fifth day of a month,the Owner shall make payment of the certified amount to the Contractor not later than the Fifth day of the following month. If an Application for Payment is received by the Architect and Owner after the application date fixed above,payment shall be made by the Owner not later than Thirty(30)days after the Architect and Owner receive the notarized Application for Payment. § 12.1.4 With each Application for Payment,the Contractor shall submit payrolls,petty cash accounts,receipted invoices or invoices with check vouchers attached,-and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed(1)progress payments already received by the Contractor; less(2)that portion of those payments attributable to the Contractor's Fee;plus(3)payrolls for the period covered by the present Application for Payment. § 12.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed AIA Document A102Tm—2007(formerly A111 T —1997).Copyright©1920, 1925,1951,1958,1961, 1963, 1967,1974,1978,1987,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 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 14:32:58 on 03/10/2015 under Order No.1893379848_1 which expires on 02/12/2016,and is not for resale. User Notes: (1884374091) Maximum Price among the various portions of the Work,except that the Contractor's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 12.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of(1)the percentage of that portion of the Work which has actually been completed;or(2)the percentage obtained by dividing(a)the expense that has actually been incurred by the Contractor on account of that portion of the Work for which the Contractor has made or intends to make actual payment prior to the next Application for Payment by(b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 12.1.7 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201-2007; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work,or if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing, less retainage of Five percent(5%0; .3 Add the Contractor's Fee, less retainage of Five percent(5%).The Contractor's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1.1; .4 Subtract retainage of Five percent(5%)from that portion of the Work that the Contractor self-performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Section 12.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation;and .7 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 12.1.8 The Owner and the Contractor shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors. The Contractor shall not hold more than 5%retainage on Subcontracts. The Contractor shall execute subcontracts in accordance with those agreements. § 12.1.9 In taking action on the Contractor's Applications for Payment,the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the Architect has made a detailed examination,audit or arithmetic verification of the documentation submitted in accordance with Section 12.1.4 or other supporting data;that the Architect has made exhaustive or continuous on-site inspections;or that the Architect has made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations,audits and verifications, if required by the Owner,will be performed by the Owner's auditors acting in the sole interest of the Owner. § 12.2 FINAL PAYMENT § 12.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007,and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work and a final Application for Payment;and .3 a final Certificate for Payment has been issued by the Architect. AIA Document A102TM—2007(formerly A111 TM—1997).Copyright©1920, 1925,1951,1958,1961, 1963,1967, 1974,1978,1987,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 12 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:32:58 on 03/10/2015 under Order No.1893379848_1 which expires on 02/12/2016,and is not for resale. User Notes: (1884374091) § 12.2.2 The Owner's auditors will review and report in writing on the Contractor's final accounting within 30 days after delivery of the final accounting to the Architect by the Contractor. Based upon such Cost of the Work as the Owner's auditors report to be substantiated by the Contractor's final accounting,and provided the other conditions of Section 12.2.1 have been met,the Architect will,within seven days after receipt of the written report of the Owner's auditors, either issue to the Owner a final Certificate for Payment with a copy to the Contractor,or notify the Contractor and Owner in writing of the Architect's reasons for withholding a certificate as provided in Section 9.5.1 of the AIA Document A201-2007. The time periods stated in this Section 12.2.2 supersede those stated in Section 9.4.1 of the AIA Document A201-2007. The Architect is not responsible for verifying the accuracy of the Contractor's final accounting. § 12.2.3 If the Owner's auditors report the Cost of the Work as substantiated by the Contractor's final accounting to be less than claimed by the Contractor,the Contractor shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201-2007. A request for mediation shall be made by the Contractor within 30 days after the Contractor's receipt of a copy of the Architect's final Certificate for Payment. Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Contractor. Pending a final resolution of the disputed amount,the Owner shall pay the Contractor the amount certified in the Architect's final Certificate for Payment. § 12.2.4 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment. § 12.2.5 If,subsequent to final payment and at the Owner's request,the Contractor incurs costs described in Article 7 and not excluded by Article 8 to correct defective or nonconforming Work,the Owner shall reimburse the Contractor such costs and the Contractor's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment,but not in excess of the Guaranteed Maximum Price. If the Contractor has participated in savings as provided in Section 5.2,the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Contractor.The Owner shall not be required to reimburse the Contractor to correct defective or nonconforming Work of Subcontractors or Sub-subcontractors,or Work which is covered under any policies of insurance. ARTICLE 13 DISPUTE RESOLUTION § 13.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007,unless the parties appoint below another individual,not a party to the Agreement,to serve as Initial Decision Maker. (Paragraphs deleted) § 13.2 BINDING DISPUTE RESOLUTION For any Claim subject to,but not resolved by mediation pursuant to Section 15.3 of AIA Document A201-2007,the method of binding dispute resolution shall be (Paragraphs deleted) litigation.Venue and jurisdiction for any suit brought to enforce the terms of this Agreement shall be in Pitkin County District Court,State of Colorado. ARTICLE 14 TERMINATION OR SUSPENSION § 14.1 Subject to the provisions of Section 14.2 below,the Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. (Paragraphs deleted) ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 15.2 (Paragraphs deleted) Interest on amounts ultimately determined to be due to a Contractor or the City.shall be payable at the statutory rate Applicable to judgments from the date the claim arose through the date of decision or judgment,whichever is later. Aspen Municipal Code Sec. 4.16.070. Interest. Init. AIA Document A102TT"—2007(formerly All 1 TM—1997).Copyright©1920, 1925,1951,1958,1961,1963, 1967,1974, 1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 13 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:32:58 on 03/10/2015 under Order No.1893379848_1 which expires on 02/12/2016,and is not for resale. User Notes: (1884374091) § 15.3 The Owner's representative: City of Aspen 130 South Galena Street Aspen,Colorado Contact: Scott Miller,Capital Asset Director Phone:(970)920-5085 Fax: (970)920-5119 Scott.Miller anci.aspen.co.us § 15.4 The Contractor's representative: PCL Construction, Inc. 2000 S. Colorado Blvd., Suite 2-500 Denver,CO 80222 Phone:(303)241-3628 Contact:Lucas Mallory Irma]l orv(a,pcl.com § 15.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days' written notice to the other party. § 15.6.The Engineer's representative: S. A. Miro,Inc. ) 610 Main St., Suite 1 l P.O.Box 2243 Frisco,CO 80443 Contact: David Lewis Direct Phone: 720.407.1008 Frisco Phone: 970.668.0747 Cell Phone: 303.570-1374 Fax: 720.407.1618 § 15.7 The Construction Manager's representative: Rider Levett Bucknall 1675 Larimer Street, Suite 470 Denver,CO 80202 Phone:(720)904-1480 Fax: (720)904-1481 Contact: Rob Taylor Rob.TaL(c�u s.r l b.com § 15.8 The Commissioning Agent's representative: Engineering Economics, Inc. 780 Simms Street, Suite 210 Golden,CO 80401 Phone: (303)239-8700 Fax: (303)239-9982 Contact: Jarrell Wenger ARTICLE 16 ENUMERATION OF,CONTRACT DOCUMENTS § 16.1 The Contract Documents, except for Modifications issued after execution of this Agreement,are enumerated in the sections below. AIA Document A102 TM—2007(formerly A111 TM—1997).Copyright©1920, 1925,1951,1958,1961,1963, 1967,1974, 1978,1987,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 14 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:32:58 on 03/10/2015 under Order No.1893379848_1 which expires on 02/12/2016,and is not for resale. User Notes: (1884374091) § 16.1.1 The Agreement is this executed AIA Document A102-2007, Standard Form of Agreement Between Owner and Contractor,as amended. § 16.1.2 The General Conditions are AIA Document A201-2007,General Conditions of the Contract for Construction,as amended. § 16.1.3 The Supplementary and other Conditions of the Contract: None. Document Title Date Pages § 16.1.4 The Specifications: Project Manual prepared by S.A. Miro, dated`2014-09-15 § 16.1.5 The Drawings: (Paragraphs,deleted)(Row deleted) ASI#02 Plans February 27,2015 S.A. Miro, Inc. § 16.1.6 The Addenda, if any: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 16. § 16.1.7 Additional documents, if any, forming part of the Contract Documents: 1 AIA Document E201TM-2007,Digital Data Protocol Exhibit, if completed by the parties,or the following: To be determined at a later date by the Team. .2 Other documents, if any, listed below: Exhibit A- Responses to RFP Questions,dated 2014-10-20 and 2014-11-12 Exhibit B—GMP Summary Exhibit C-GMP Qualifications and Assumptions Exhibit D—GMP Schedule of Values Exhibit E—Burdened Hourly Labor Rates Exhibit F-Contractor's Equipment Rate Exhibit G-Contract Schedule ARTICLE 17 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007. (Paragraph deleted) Type of insurance or bond Limit of liability or bond amount($0.00) Subcontractor Payment and Performance Only on subcontracts and purchase order in excess of Bonds $25,000.06;in full amount of subcontract. See A102, Section 7.6.1 and A201, Section 11.4.4.1,for limitations on SubGuard insurance. Contractor Insurance: General Liability $2 million per occurrence $3 million aggregate AIA Document A702* —2007(formerly All 1 T —1997).Copyright©1920, 1925,1951,1958,1961, 1963, 1967,1974, 1978,1987,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 15 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:32:58 on 03/10/2015 under Order No.1893379848_1 which expires on 02/12/2016,and is not for resale. User Notes: (1884374091) $3 million completed operations Automobile Liability $1 million covering owned,hired and non-owned automobiles Excess Liability Umbrella $3 million per occurrence (following form on employer's liability,general liability and commercial vehicle coverages and excess liability or umbrella limits may be combined with employer's liability, general liability, and automobile coverage to meet the limits required in the Contract) Workers Compensation Colorado statutory limits Employers Liability $1 million/$1 million/$1 million This Agreement entered into as of the day and year first written above. OWNER CONTRACTOR CITY OF ASPEN PCL CONSTRUCTION SERVICES, INC. Steven Skadron,Mayor Frank Terrasi,Vice President " (Row deleted) Gena Hannaway, Secretary/Treasurer (Row deleted) C AIA Document A102 TM—2007(formerly A111 TM—1997).Copyright©1920, 1925,1951,1958,1961, 1963,1967, 1974,1978,1987,1997 and 2007 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. s Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:32:58 on 03/10/2015 under Order No.1893379848_1 which expires on 02/12/2016,and is not for resale. User Notes: (1884374091) $3 m i Ilion-completed operations Automobile Liability SI million covering awned,hired and non-owned automobiles ------ Exccss.Liability Umbrella S3 million per,occurrence (following form on employer's liability,general liability-and - commercial vehicle coverages and excess liability or umbrella limits,may be combined with employer's.liability,general liability;and automobile coverage to meet the limits required in the Contract) VVorkers:Gompe-ft satort Colorado statutory limits yers Liability $1 million/$] mi11i6n I Sl million Thls;Agreeement entered.into.as of the day and year first written above. OWNER: CONTRACTOR 'CITY OF ASP N PCL CONSTRUCTION SERVICES, INC, � . I r n Steven adron, 'yor L si, Viae.' esident I (ko►}��ili'leleclJ cna Hannaway; Secretary/'rre35urer (Raw`"cle7c•!ec!) AIA Oocumont, 102"'-20p7.(formorly A111 TM—1997).Copyright.b_1920, 1925~1951.1958,1961, 1983;19'07,197G;1976,196T,1997.and 2007 by The Init. Ameriitan institute afArchitects.Al rights reserved.,WARMING,This AIA° Qocument is protected by U.S,Copyrltjht.sw and tnl rnatienal Treaties. 16Unauthorized:reproducti®n or distribution of this A1Aa Document.or mgy portion of it,may result in severe civil and criminal penalties,and will be prossecuted to the maximum ortent"pv991610 unper ibe.tour.This document oras produced byAlA software at 14:32'.58 on 03 0 0120 1 5 under Order No.1893379848_1'wtuch expires an 021112016;.and is not for resale. User Notes: (1884374091) Certification of Document's Authenticity A!A®Document D401 TM — 2003 I,Janet Lawler McDaniel,hereby certify,to the best of my knowledge, information and belies; that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 14:32:58 on 03/10/2015 under Order No. 1893379848_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document A 102TM-2007, Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price,as published by the AIA in its software,other thanthose additions and deletions shown in the associated Additions and Deletions Report. (Signe ` (Title) -3-//,o l Zo l (Dated AIA Document D401 TM—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'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 14:32:58 on 03/10/2015 under Order No.1893379848_1 which expires on 0211212016,and is not for resale. User Notes: (1884374091)