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HomeMy WebLinkAboutresolution.council.112-23RESOLUTION #112 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND SHAW CONSTRUCTION INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for Old Powerhouse Preservation Construction Services, between the City of Aspen and Shaw Construction Inc., a true and accurate copy of which is attached hereto as Exhibit "II". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that contract for, $54,000 between the City of Aspen and Shaw Construction Inc. a copy of which is annexed hereto and incorporated herein and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ, AND ADOPTED by the City Council of the City of Aspen on the 22nd day of August 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, August 22, 2023. Nicole Henning, City Clerk L P. - i :1K7 Via: ■I L y,= 1 -J-.i F" A — 7■ - _W--- Y--ozit-V■F- - }- _:i=6 � _1 -:-yF - - F - - - - ■ F F - - - -m6 - - - A it DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B Init. ==`'s Document Al 32®, 2019 2023-248 Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition AGREEMENT made as of the 31s' day of July in the year 2023 (In words, indicate day, month, and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address, and other information) completion. The author may also have revised the text of the original City of Aspen AIA standard form. An Additions and 427 Rio Grande Place Deletions Report that notes added Aspen, CO 81611 information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left and the Contractor: margin of this document indicates (Name, legal status, address, and other information) where the author has added necessary information and where the author has added to or deleted Shaw Construction, LLC from the original AIA text. c/o Sam Meyer, President c/o Jamie Neyers, Preconstruction Manager This document has important legal 760 Horizon Drive, Ste. 201 consequences. Consultation with an Grand Junction, CO 81506 attorney is encouraged with respect to its completion or modification. This document is intended to be for the following Project: used in conjunction with AIA (Name, location, and detailed description) Documents A232Tm-2019, General Conditions of the Contract for City of Aspen- Old Powerhouse Construction Services Construction, Construction Manager Project as Adviser Edition; B132T1,1-2019, 2023-248 Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser The Owner's Representative: Edition; and C132Tm-2019, (Name, legal status, address, and other information) Standard Form of Agreement Between Owner and Construction Concept One Group Manager as Adviser. AIA Document 183 N 12t' St. A232Tm-2019 is adopted in this Carbondale, CO 81623 document by reference. Do not use with other general conditions unless this document is modified. The Architect: (Name, legal status, address, and other information) Gilbert Sanchez Architect PLLC 300 South Spring Street #202 Aspen, CO 81611 And Galambos Architects LLC 314 Aspen Airport Business Center #D Aspen, CO 81611 AIA Document A132 — 2019 Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced by AIA software at 16:00:10 ET on 08/10/2023 under Order No 2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.00m User Notes: (3139ADA39) DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B The Owner and Contractor agree as follows. Init.AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA; the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 ET on 08/10/2023 under Order No 2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in SH / accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mall docinfo@alaoontracts.com. User Notes: (3139ADA39) DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND DATES OF SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS EXHIBIT B GENERAL CONDITIONS A232-21019 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, 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. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. 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 DATE OF COMMENCEMENT AND DATES OF SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ ] The date of this Agreement. SFi I [ X ] A date set forth in a notice to proceed issued by the Owner. [ ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. § 3.2 The Contract Time shall be measured from the date of commencement of the Work. Init. AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 3 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in sit / accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA39) DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B § 3.3 Substantial Completion of the Project or Portions Thereof § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the date of Substantial Completion of the Work of all of the Contractors for the Project will be: (Insert the date of Substantial Completion of the Work of all Contractors for the Project.) A date set forth in a notice to proceed issued by the Owner § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work of all of the Contractors for the Project are to be completed prior to Substantial Completion of the entire Work of all of the Contractors for the Project, the Contractors shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § 3.4 When the Work of this Contract, or any Portion Thereof, is Substantially Complete § 3.4.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall substantially complete the entire Work of this Contract: (Check one of the following boxes and complete the necessary information) [ ] Not later than ( ) calendar days from the date of commencement of the Work. [ ] By the following date: § 3.4.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work of this Contract are to be substantially complete prior to when the entire Work of this Contract shall be substantially complete, the Contractor shall substantially complete such portions by the following dates: Portion of Work Date to be substantially complete § 3.4.3 If the Contractor fails to substantially complete the Work of this Contract, or portions thereof, as provided in this Section 3.4, liquidated damages, if any, shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box) [ ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee, in accordance with Section 4.3 below [ X ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below) § 4.2 Stipulated Sum- NOT APPLICABLE § 4.2.1 The Contract Sum shall be Pre -Construction services not to exceed ($ 54,000.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2.2 Alternates § 4.2.2.1 Alternates, if any, included in the Contract Sum: Item Price Init. AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects This document was produced at 16:00:10 4 ET on 08/10/2023 under Order No 2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in r accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA39) DocuSign Envelope ID: 371684DA-116A-4FB7-9ED8-47E77717A61B § 4.2.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance § 4.2.3 Allowances, if any, included in the Contract Sum: (Identify each allowance) Item Price § 4.2.4 Unit prices, if any: (Identify the item and state the unit price, and quantity limitations, if any, to which the unit price will be applicable) Item Units and Limitations Price per Unit ($0.00) § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price- NOT APPLICABLE § 4.3.1 The Cost of the Work is as defined in Determination of the Cost of the Work. § 4.3.2 The Contractor's Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee) § 4.3.3 The method of adjustment of the Contractor's Fee for changes in the Work: § 4.3.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: § 4.3.5 Rental rates for Contractor -owned equipment shall not exceed percent ( %) of the standard rental rate paid at the place of the Project. § 4.3.6 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.3.7 The Contractor shall prepare and submit to the Owner's Representative, within 14 days of executing this Agreement, a written Control Estimate for the Owner's review and approval. § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price § 4.4.1 The Cost of the Work is as defined in Determination of the Cost of the Work. § 4.4.2 The Contractor's Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee) 1-Pre-Construction Services Fees Init. AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 5 ET on 08/1012023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in ;rr / accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@eiacontracts.com. User Notes: (3B9ADA39) DocuSign Envelope ID: 371684DA-116A-4FB7-9ED8-47E77717A61 B Phase 1: A not to exceed value for Pre -Construction Services $54,000.00 Total: $54,000.00 Billing Rates: A comprehensive rate structure for construction services in the Old Powerhouse including the following (at a minimum) Project Manager $145.09/hr Assistant Project Manager $114.43/hr Project Superintendent $167.07/hr Field Superintendent $115.35/hr Project Coordinator $76.63/hr Project Engineer $84.48/hr Labor Foreman $57.26/hr General Laborer $49.11/hr Carpenter Foreman $59.62/hr Carpenter $54.03/hr Vehicle $9.35/hr (applied to Project Manager, Superintendent rates) Computer $4.28/hr (applied to Project Manager, Superintendent, Coordinator, Engineer rates) Mobile Phone $1.81/hr (applied to Project Manager, Superintendent, Coordinator, Engineer rates) Fee 4.5% of cost of work § 4.4.3 The method of adjustment of the Contractor's Fee for changes in the Work: Refer to AIA Document A232-2019 General Conditions of the Contract for Construction- Article 7- Changes in the Work § 4.4.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: Refer to AIA Document A232-2019 General Conditions of the Contract for Construction- Article 7- Changes in the Work and Paragraph 4.4.2 of this document § 4.4.5 Rental rates for Contractor -owned equipment shall not exceed percent ( %) of the standard rental rate paid at the place of the Project. NOT APPLICABLE § 4.4.6 Unit Prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.4.7 Guaranteed Maximum Price § 4.4.7.1 The Contract Sum is guaranteed by the Contractor not to exceed ($ ), subject to additions and deductions by Change Order as provided in the Contract Documents. This maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner.. The Guaranteed Maximum Price will be determined at a later date. If agreed upon by the Owner and Contractor, the AIA A132-2019- Determination of the Cost of Work will be executed. § 4.4.7.2 Alternates § 4.4.7.2.1 Alternates, if any, included in the Guaranteed Maximum Price: Item Price Init. AIA Document A132 — 2019. Copyright ® 1975, 1980, 1992, 2009, and 2019. All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 6 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA39) DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B § 4.4.7.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance § 4.4.7.3 Allowances, if any, included in the Guaranteed Maximum Price: (Identify each allowance) Item Price § 4.4.7.4 Assumptions, if any, upon which the Guaranteed Maximum Price is based: (Identfy each assumption.) § 4.4.8 To the extent that the Contract Documents are anticipated to require further development, the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope, systems, kinds and quality of materials, finishes, or equipment, all of which, if required, shall be incorporated by Change Order. § 4.4.9 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed - upon assumptions contained in Section 4.4.7.4. The Owner shall promptly furnish such revised Contract Documents to the Contractor. The Contractor shall notify the Owner and Architect of any inconsistencies between the agreed - upon assumptions contained in Section 4.4.7.4 and the revised Contract Documents. § 4.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any, to be assessed in accordance with Section 3.4) NOT APPLICABLE § 4.6 Other: (Insert provisions for bonus, cost savings or other incentives, if any, that might result in a change to the Contract Sum) NOT APPLICABLE ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Owner's Representative by the Contractor, and Certificates for Payment issued by the Owner's Representative and 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. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Refer to AIA Document A232- General Conditions of the Contract for Construction Article 9- Payments and Completion § 5.1.3 Provided that an Application for Payment is received by the Owner's Representative not later than the 30th day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the last day of the following month. If an Application for Payment is received by the Owner's Representative after the application Init. AIA Document A132 — 2019. Copyright ®1975, 1980, 1992, 2009, and 2019. All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 7 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiscontracts com User Notes: (369ADA39) DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B date fixed above, payment of the amount certified shall be made by the Owner not later than Forty-five ( 45 ) days after the Owner's Representative receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum- NOT APPLICABLE § 5.1.4.1 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 Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Owner's Representative and Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 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. § 5.1.4.3 In accordance with AIA Document A232Tm-2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.4.3.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and .3 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment, to be reasonably justified. § 5.1.4.3.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A232-2019; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A232-2019; and .5 Retainage withheld pursuant to Section 5.1.7. § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price- NOT APPLICABLE § 5.1.5.1 With each Application for Payment, the Contractor shall submit the cost control information required, along with payrolls, petty cash accounts, receipted invoices, or invoices with check vouchers attached, and any other evidence required by the Owner, Owner's Representative or Architect to demonstrate that payments already made by the Contractor on account of the Cost of the Work equal or exceed progress payments already received by the Contractor, plus payrolls for the period covered by the present Application for Payment, less that portion of the payments attributable to the Contractor's Fee. § 5.1.5.2 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the end of the period covered by the Application for Payment and for which the Contractor has made or intends to make actual payment prior to the next Application for Payment. § 5.1.5.3 In accordance with AIA Document A232-2019 and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.5.3.1 The amount of each progress payment shall first include: .1 The Cost of the Work; .2 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment, to be reasonably justified; and Init. AIA Document A132 — 2019. Copyright ® 1975, 1960, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in C accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA39) DocuSign Envelope ID: 371684DA-116A-4FB7-9ED8-47E77717A61B .3 The Contractor's Fee computed upon the Cost of the Work described in the preceding Section 5.1.5.3.1.1 at the rate stated in Section 4.3.2; or if the Contractor's Fee is stated as a fixed sum in Section 4.3.2 an amount which bears the same ratio to that fixed -sum Fee as the Cost of the Work included in Section 5.1.5.3.1.1 bears to a reasonable estimate of the probable Cost of the Work upon its completion. § 5.1.5.3.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A232-2019; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A232-2019; .5 The shortfall, if any, indicated by the Contractor in the documentation required by Section 5.1.5.1 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .6 Retainage withheld pursuant to Section 5.1.7. § 5.1.5.4 The Owner, Owner's Representative and Contractor shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors and the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1.5.5 In taking action on the Contractor's Applications for Payment, the Owner's Representative and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor, and such action shall not be deemed to be a representation that (1) the Owner's Representative and Architect have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Article 5 or other supporting data; (2) that the Owner's Representative and Architect have made exhaustive or continuous on - site inspections; or (3) that the Owner's Representative and Architect have 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. § 5.1.5.6 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.1.5.7 If final completion of the Work is materially delayed through no fault of the Contractor, then the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A232-2019. § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price § 5.1.6.1 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, Owner's Representative or Architect to demonstrate that payments already made by the Contractor on account of the Cost of the Work equal or exceed progress payments already received by the Contractor plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Contractor's Fee. § 5.1.6.2 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among: (1) the various portions of the Work; (2) any contingency for costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order; and (3) the Contractor's Fee. Init. AIA Document A132 — 2019. Copyright ® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects This document was produced at 16:00:10 9 ET on 08/10/2023 under Order No 2114346557 which expires on 08/21/2023, is not for resale. is licensed for one-time use only, and may only be used in s°' r accordance with the AIA Contract Documents® Terms of Service To report copyright violations, e-mail docinfo@aiacontracts com User Notes: (3B9ADA39) DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B § 5.1.6.2.1 The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Owner's Representative and Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.6.2.2 The allocation of the Guaranteed Maximum Price under this Section 5.1.6.2 shall not constitute a separate guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values. § 5.1.6.2.3 When the Contractor allocates costs from a contingency to another line item in the schedule of values, the Contractor shall submit supporting documentation to the Architect and Owner's Representative. § 5.1.6.3 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 and for which the Contractor has made payment or intends to make 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. § 5.1.6.4 In accordance with AIA Document A232-2019, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.6.4.1 The amount of each progress payment shall first include: .1 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 most recent schedule of values; .2 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 completed construction or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment, to be reasonably justified; and .4 The Contractor's Fee, computed upon the Cost of the Work described in the preceding Sections 5.1.6.4.1.1 and 5.1.6.4.1.2 at the rate stated in Section 4.4.2 or, if the Contractor's Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work included in Sections 5.1.6.4.1.1 and 5.1.6.4.1.2 bears to a reasonable estimate of the probable Cost of the Work upon its completion. § 5.1.6.4.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A232-2019; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A232-2019; .5 The shortfall, if any, indicated by the Contractor in the documentation required by Section 5.1.6.1 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .6 Retainage withheld pursuant to Section 5.1.7. § 5.1.6.5 The Owner and the Contractor shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors and the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1.6.6 In taking action on the Contractor's Applications for Payment, the Owner's Representative and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and such Init.AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects This document was produced at 16:00:10 10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. I o report copyright violations, e-mail docinfo@aiacontracts com. User Notes: (3139ADA39) DocuSign Envelope ID: 371684DA-116A-4FB7-9ED8-47E77717A61 B action shall not be deemed to be a representation that (1) the Owner's Representative or Architect have made a detailed examination, audit, or arithmetic verification of the documentation submitted in accordance with Section 5.1.6.1 or other supporting data; (2) that the Owner's Representative or Architect have made exhaustive or continuous on -site inspections; or (3) that the Owner's Representative or Architect have 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. § 5.1.6.7 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.1.6.8 If final completion of the Work is materially delayed through no fault of the Contractor, then the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A232-2019. § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to when the Work of this Contract is substantially complete, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law) Five percent (5% § 5.1.7.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) Insurance, performance bonds, payment bonds and 2 year warranty bonds § 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 5.1.7.1 is to be modified prior to when the entire Work of this Contract is substantially complete, including modifications for completion of portions of the Work as provided in Section 3.4.2, insert provisions for such modifications) NOT APPLICABLE § 5.1.7.3 Except as set forth in this Section 5.1.7.3, when the Work of this Contract is substantially complete, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted when the Work of this Contract is substantially complete shall not include retainage as follows: (Insert any other conditions for release of retainage when the Work of this Contract is substantially complete, or upon Substantial Completion of the Work of all Contractors on the Project or portions thereof.) § 5.2 Final Payment § 5.2.1 Final Payment Where the Contract Sum is Based on a Stipulated Sum -NOT APPLICABLE § 5.2.1.1 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 Article 12 of AIA Document A232-2019, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect. § 5.2.1.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuancc of the final Certificate for Payment or Project Certificate for Payment, or as follows: Init. AIA Document A132 — 2019. Copyright m 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects; "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 11 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is Ilreneed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com User Notes: (3139ADA39) DocuSign Envelope ID: 371684DA-1 16A-4FI37-9ED8-47E77717A61 B Init. § 5.2.2 Final Payment Where the Contract Sum is Based on the Cost of the Work witha Guaranteed Maximum Price § 5.2.2.1 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 Article 12 of AIA Document A232-2019, 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 or Project Certificate for Payment has been issued by the Architect. § 5.2.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: § 5.3 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any) ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Article 15 of AIA Document A232-2019, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution -Refer to AIA Document (Paragraph Deleted) A232-2019 Article (Paragraphs Deleted) 15- Claims and Disputes ARTICLE 1 TERMINATION OR AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA39) 12 DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B (Paragraphs Deleted) I SUSPENSION- Refer to AIA Document (Paragraphs Deleted) 1 A232-2019 Article 14- Termination (Paragraphs Deleted) or (Parcrg; -aphs Deleted) Suspension of the Contract ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2019 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. I § 8.2 The Owner's Representative: (Name, address, email address, and other information) Concept One Group I 183 N 12t' St. Carbondale, CO 81623 Email: info@conceptonegroup.com Phone: (970) 456-6470 § 8.3 The Contractor's representative: Init. AIA Document A132 — 2019. Copyright m 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 16:00:10 13 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in h t accordance with the AIA Contract Documents® Terms of Service To report copyright violations, e-mail docinfo@aiacontracts com. User Notes: (3B9ADA39) DocuSign Envelope ID: 371684DA-116A-4FB7-9ED8-47E77717A61B (Name, address, email address, and other information) Jack Hughes, Project Superintendent Jamie Neyers, Preconstruction Manager Shaw Construction LLC 760 Horizon Drive, Ste. 201 Grand Junction, CO 81506 Email: jamisonneyers@shawconstruction.net Phone: (720) 878-2521 Email: jackhughes@shawconstruction.net Phone: (970) 471-0448 § 8.4 Neither the Owner's Representative nor the Contractor's representative shall be changed without ten days' prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A132T"-- 2019, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. § 8.5.2 The Contractor shall provide bonds as set forth in AIA Document A132TM-2019, Exhibit A, and elsewhere in the Contract Documents. (Paragraphs Deleted) § 8.7 Relationship of the Parties Where the Contract is based on the Cost of the Work plus the Contractor's Fee, with or without a Guaranteed Maximum Price, 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 judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish and approve, in a timely manner, information required by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents. § 8.8 Other provisions: NOT APPLICABLE ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: .1 AIA Document A132Tw-2019, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition .2 AIA Document A132Tm-2019, Exhibit A, Insurance and Bonds Exhibit .3 AIA Document A232Tm-2019, Exhibit B General Conditions of the Contract for Construction, Construction Manager as Adviser Edition (Paragraphs Deleted) Init. AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 14 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiawntrects.com. User Notes: (3B9ADA39) DocuSign Envelope ID: 371684DA-116A-4FB7-9ED8-47E77717A61B 7 Drawings Number Title Date .8 Specifications Section Title Date Pages .9 Addenda, if any: Number Date Pages Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. 10 Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit where required.) [ ] AIA Document A132Tm-2019, Determination of the Cost of the Work The Guaranteed Maximum Price will be determined at a later date. If agreed upon by the Owner and Contractor, the AIA A132-2019--Determination of the Cost of Work will be executed. [ ] AIA Document E235Tm-2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, dated as indicated below: (Insert the date of the E235-2019 incorporated into this Agreement.) [ ] The Sustainability Plan: Title Date Pages [ ] Supplementary and other Conditions of the Contract: Document Title Date Pages .9 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A232-2019 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or proposal, portions ofAddenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents) ARTICLE 10 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: Init. AIA Document A132 — 2019. Copyright ® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects This document was produced at 16:00:10 15 ET on 08110/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in 5H / accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts com User Notes: (3139ADA39) DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B §12.1 Tax -Exemption. All purchases 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 98-04557. The Owner's Federal Tax Identification Number is 84-6000563. §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. Contractor shall be, and shall perform as, an Independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the Owner. No agent, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of the Owner. Owner is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of the Contractor. 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 Contractor. Contractor shall be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, servants and consultants during the performance of this contract. Contractor shall indemnify Owner against all liability and loss in connection with, and shall assume full 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 Contractor and/or Contractor's employees engaged in performance 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: Owner: City Manager City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 With a copy to: James R. True, Esq. City Attorney 427 Rio Grande Place Aspen, Colorado 81611 Contractor: Shaw Construction LLC. 760 Horizon Drive Ste 302 Grand Junciton, CO 81506 §12.4 Non -Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Contractor agrees to meet all of the requirements of Owner's municipal code, Section 13-98, pertaining to non-discrimination in employment. §12.5 Waiver. The waiver by the Owner of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the Owner. Forbearance or indulgence by the Owner in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Contractor to which the same may apply and, until complete performance by Contractor of said term, covenant or condition, the Owner shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. §12.6 Execution of Agreement by Owner. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the Owner unless duly executed in accordance with the requirements of the Owner's municipal code, by the Mayor of the City of Aspen, or a duly authorized official in his absence, following approval of City Council. Init. AIA Document A132 - 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 16 {k ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in - r accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA39) DocuSign Envelope ID: 371684DA-116A-4FB7-9ED8-47E77717A61B §12.7 Worker Without Authorization — §CRS 8-17.5-101 & §24-76.5-101 1. Purpose. During the 2021 Colorado legislative session, the Legislature passed House Bill 21-1075 that amended current CRS §8-17.5.102 (1), (2)(a), (2)(b) introductory portion, and (2)(b)(I11) as it relates to the employment of and contracting with a "worker without authorization" which is defined as an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States. As amended, the current law prohibits all state agencies and political subdivisions, including the Owner, from knowingly hiring a worker without authorization to perform work under a contract, or to knowingly contract with a consultant who knowingly hires a worker without authorization to perform work under the contract. The law also requires 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. 2. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the Owner. .1 "E-verify program" means the electronic employment verification program created in Public Law 208, 104th Congress, as amended and expanded in Public Law 156, 108th Congress, as amended, that is jointly administered by the United States Department of Homeland Security and the social security Administration or its successor program. .2 "Department program" means the employment verification program established pursuant to section 8-17.5- 105(5)(c). .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 performance. .5 "Worker without authorization' means an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States 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 a -verity program or the department program in order to verify that new employees are not illegal aliens. 4. Consultant hereby confirms that: 1. Consultant shall not knowingly employ or contract with a worker without authorization perform work under the Public Contract for Services. 2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the Consultant that the subconsultant shall not knowingly employ or contract without authorization to perform work under the Public Contract for Services. 3. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the e-verify program or the department program. 4. Consultant shall not use either the e-verify program or the department program procedures to undertake pre- employment screening of job applicants while the Public Contract for Services is being performed. 5. If Consultant obtains actual knowledge that a subconsultant performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien, Consultant shall: Init. AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 17 oa ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only he used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo@aiawntracts.com User Notes: (3139ADA39) DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B 1. Notify such subconsultant and the Owner within three days that Consultant has actual knowledge that the subconsultant is employing or subcontracting with a worker without authorization; and 2. Terminate the subcontract with the subconsultant if within three days of receiving the notice required pursuant to this section the subconsultant does not step employing or contracting with the worker without authorization; except that Consultant shall not terminate the Public Contract for Services with the subconsultant if during such three days the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with a worker without authorization. 6. Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5) C.R.S. 7. If Consultant violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising out of Consultant's violation of Subsection 8-17.5-102 C.R.S. § 12.8 It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. § 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. §12.10 No construction is permitted on Sundays, during the Food and Wine Festival in June (Friday through Sunday), Memorial Day weekend, 4th of July day and/or weekend if it falls on a Friday or Monday, Labor Day weekend, Thanksgiving day, and Christmas week (12/25-1/1). These dates are subject to change and construction must comply with current dates stipulated under the current Construction Management Plan criteria — as amended by the City of Aspen Engineering Dept. § 12.14 Electronic Signatures and Electronic Records. This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. This A eti4t10'I8 V4&red into as of the day and year first written above.-A®#u6I®nn9 pyj SAM 4;' " "" 8/16/2023 1 8:29:33 PM r _ _ OWNER (Signature) C0NTRACTO Tg► airi eY' Sara G. Ott Sara Ott, City Manager Sam Meyer, President, Western Slope (Printed name and title) (Printed name and title) Init. AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 8 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA39) DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B Additions and Deletions Report for AIA® Document A 13t — 2019 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:00:10 ET on 08/10/2023. PAGE 1 AGREEMENT made as of the 311t day of July in the year 2023 City. of AsQen- 427 Rio Grande Place Aspen, CO 81611 Shaw Construction LLC c/o Sam Meyer, President c/o Jamie NeyersPreconstruction Manama 760 Horizon Drive. Ste. 201 Grand Junction. CO 81506 City of Aspen- Old Powerhouse Construction Services Project 2023-248 The GORAMOVeR MaHagff. Qwner's Representative: Concept One Group 183 N 121h St. Carbondale, CO 81623 Gilbert Sanchez Architect PLLC 00 South Spring Street #2 2 Additions and Deletions Report for AIA Document A132 — 2019 Copyright ® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA39) DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B Aspen, CO 81511 And Galambos Architects LLC 314 Aspen Airport Business Center #D Aspen. CO 81611 PAGE 3 EXHIBIT B DETERMINATION OF THE COST OF THE WD-RKGENERAL CONDITIONS A232-21019 [ X ] A date set forth in a notice to proceed issued by the Owner. PAGE 4 A date set forth in a notice to Droceed issued by the Owner [ X ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below § 4.2 Stipulated S,tm}Sum- NOT APPLICABLE § 4.2.1 The Contract Sum shall be Pre -Construction services not to exceed ($ 54,000.00 ), subject to additions and deductions as provided in the Contract Documents. PAGE 5 § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum PAwPrice- NOT APPLICABLE § 4.3.1 The Cost of the Work is as defined in Ev6,-Determination of the Cost of the Work. § 4.3.7 The Contractor shall prepare and submit to theOwner's Representative, within 14 days of executing this Agreement, a written Control Estimate for the Owner's review and approval.T-heControl § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price § 4.4.1 The Cost of the Work is as defined in Exhibi II -Determination of the Cost of the Work. Additions and Deletions Report for AIA Document A132 — 2019. Copyright C 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This 2 document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com User Notes: (3139ADA39) DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B 1-Pre-Construction Services Fees Phase 1: A not to exceed value for Pre -Construction Services S54.000.00 Total: S54,000.00 Billing Rates: A comprehensive rate structure for construction services in the Old Powerhouse including the following (at a minimum Proiect Manager $145.09/hr Assistant Proiect Manager I I4.43/hr Proiect Superintendent $167.07/hr Field Superintendent $115.351hr Project Coordinator $76.631h Project Engineer $84.48/hr Labor Foreman $57.26/hr General Laborer $49.11/hr Carpenter Foreman $59.62/hr Carpenter $54.03mr Vehicle $9.351hr (applied to Project Manager,_ Superintendent rates) Computer $4.28/hr (applied to Project Manager, Superintendent, Coordinator, Engineer rates Mobile Phone $1.811hr fapRIied to Project Mana eg r_Superintendent. Coordinator, Engineer rates Fee 4.5% of cost of work PAGE 6 Refer to AIA Document A232-2019 General Conditions of the Contract for Construction- Article 7- Changes in the Work Refer to AIA Document A232-2019 General Conditions of the Contract for Construction_ -_Article 7- Changes in the Work and Paragraph 4.4.2 of this document § 4.4.5 Rental rates for Contractor -owned equipment shall not exceed percent ( %) of the standard rental rate paid at the place of the Project. NOT APPLICABLE § 4.4.71 The Contract Sum is guaranteed by the Contractor not to exceed ($ ), subject to additions and deductions by Change Order as provided in the Contract Documents. This maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. -. The Guaranteed Maximum Price will be determined at a later date. if agreed upon by the Owner and Contractor, the AIA A 132_2019- Determination of the Cost of Work will be executed. PAGE 7 NOT APPLICABLE Additions and Deletions Report for AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019 All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts com. User Notes: (3139ADA39) DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B NOT APPLICABLE § 5.1.1 Based upon Applications for Payment submitted to the Constf uraitien N4anager Owner's Representative by the Contractor, and Certificates for Payment issued by the O_ wner_'s Representative and 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. Refer to AIA Document A232- General Conditions of the Contract for Construction Article 9- Payments and Completion PAGE 8 § 5.1.3 Provided that an Application for Payment is received by the ronstr."..°� n Managiar- Owner's Representative not later than the 30th day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the last day of the following month. If an Application for Payment is received by the ConstFustia N4mag@F Owner's Representative after the application date fixed above, payment of the amount certified shall be made by the Owner not later than Fore-fiVe ( 45 ) days after the COFIStMflen N4anageF Owner's Representative receives the Application for Payment. § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated SmSum- NOT APPLICABLE § 5.1.4.1 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 Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Qwrier's Representative and Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum lfisePrice- NOT APPLICABLE § 5.1.5.1 With each Application for Payment, the Contractor shall submit the cost control information i-"uired i� Exhibit "- Dete .. inatien . fthe Gess of the Wee, required, along with payrolls, petty cash accounts, receipted invoices, or invoices with check vouchers attached, and any other evidence required by the Owner, Genstfuetien A4enagef Owner's Representative or Architect to demonstrate that payments already made by the Contractor on account of the Cost of the Work equal or exceed progress payments already received by the Contractor, plus payrolls for the period covered by the present Application for Payment, less that portion of the payments attributable to the Contractor's Fee. 1 The Cost of the Work; Additions and Deletions Report for AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA39) DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B PAGE 9 § 5.1.5.4 The Owner, Conswaetion Managef Owner's Representative and Contractor shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors and the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1.5.5 In taking action on the Contractor's Applications for Payment, the wn is Representative and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor, and such action shall not be deemed to be a representation that (1) the C-OFISIFUetion Manage Owner's Representative and Architect have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Article 5 or other supporting data; (2) that the C__PMstr,_ga_4a,, Manage� Owner's Representative and Architect have made exhaustive or continuous on -site inspections; or (3) that the Genstmation wner's Representative and Architect have 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. § 5.1.6.1 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, �R 1v1anag--Owner's Representative or Architect to demonstrate that payments already made by the Contractor on account of the Cost of the Work equal or exceed progress payments already received by the Contractor plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Contractor's Fee. PAGE 10 § 5.1.6.2.1 The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the iJwner's Representative and Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.6.2.3 When the Contractor allocates costs from a contingency to another line item in the schedule of values, the Contractor shall submit supporting documentation to the Architect and . wner's Representative. PAGE 11 § 5.1.6.6 In taking action on the Contractor's Applications for Payment, the Genstmelien Maffagef�Owner's Representative and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and such action shall not be deemed to be a representation that (1) the Owner's Re resentative or Architect have made a detailed examination, audit, or arithmetic verification of the documentation submitted in accordance with Section 5.1.6.1 or other supporting data; (2) that the Censtrust►en Marlager-Owner's Representative or Architect have made exhaustive or continuous on -site inspections; or (3) that the r,onst:uefien Ma.,agei�Owner's Representative or Architect have 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. Five percent (5%) Additions and Deletions Report for AIA Document A132 — 2019. Copyright© 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects This 5 document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/2112023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA39) DocuSign Envelope ID: 371684DA-116A-4FB7-9E08-47E77717A61 B Insuranceperformance bonds payment bonds and 2 year warranty bonds NOT APPLICABLE § 5.2.1 Final Payment Where the Contract Sum is Based on a Stipulated SmSum-NOT APPLICABLE PAGE 12 § 5.2.2 Final Payment Where the Contract Sum is Based on the Cost of the Work with -or -without a-witha Guaranteed Maximum Price .2 the Contractor has submitted a final accounting for the Cost of the 'lr., purstiant to Exhibit 13 Work,and a final Application for Payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Ar-ehiteet in aeeefdanee with Exhibit R, Determination PACO% l-..... -Afk, We+k Architect. 16.1 Initial Decision Maker § 6.2 Binding Dispute Resolution :Resolution -Refer to AIA Document .A232-2019 Article Additions and Deletions Report for AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute or Architects This document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is kcensed For one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA39) 6 DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B binding reu-z'ry—!it rn r'u o,f r.e �F15dirJ6:15- Claims and Disputes ARTICLE 7 TERMINATION OR SUSPENSION PAGE 13 r . ehe 7 slne••'•• e SUSPENSION- Refer to •ale 14 of A l A n,,.,.,,,,e3tF0AIA Document R 7 ? W#ngti5eeawa ZumAs B' 68d on the CGst of the Wafkw.. 4h nr-of-without-a-Guaf3nteed4&%Y,�m-P-Ff-6 R 7.2.1.1 :Phe Cont. of ma. , be • r,r mated by the Ownepthe CE) 0t.,_ a ,;ded . A Fl`elo 11 .- f A !A DeeLim nt -21122019-.A232-2019 Articie Additions and Deletions Report for AIA Document At32 — 2019. Copyright 0 1975, 1980, 1992, 2009, and 2019 All rights reserved. "The American Institute of Architects,' "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This 7 document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts com. User Notes: (369ADA39) DocuSign Envelope ID: 371684DA-116A-4FB7-9ED8-47E77717A61B §" rp�a-atfo,. the n,.,—'or Gause14• Termination .1 T-alcv-'snit- Gas! -estlzhe 1 017k inerfed b�-��}n,•,,,;,,�.;�.,- .2 Add the Gentmmer�s Fee, Ge . . . he Cost of the Wofli to the date of teFmifiation As the rat 11 s:.Seeiien _an amouni ihw bears the same alie to 1hat fixedquFn Fee as the Cast of the 337.ark at the e^;,r w MW..._ imia ■ ■ ■ I WIN ■. a A7 i d.7.�T1. !"1.. o shall ., 1se pay }l,�aatr�r-Rr.r f:,;r ., o .,};.... a:}L.-- U., PUF..i... «•..I ..} •L.., ..1 .,..•:.,-...F :iiw vim, .. onr .. a.7 1..� }L,d !`.-. _ ..ar :l,o !'l,,,nor .-o}.,: «.7 }L...} : .,}1..._...:.. at t-he vvrn 'a�crm�c included FFi {3 _. }_of �.. L... n}r.,.. _...n.n !'r.nrr ., Shall . �l l ..d.}:.-.« ..1' tea.= steps, iseluding_ihe legal .-:g".n• i111. iLc}it.n n}r n} � n1i or r rlr n__}>_f �e1[t_if}'c_ �F }i�a i rnRy� fnr c 4�0 iZ., ,�--L �«v�• .au wr�,�aa��uaa �., K,V,� Vi[iVT W![ u sub : uS..Wde FS. A IS C....aeen!Fw!Faei, p.uhe orde and rental agreemenis entered into by4ke CO 01 Br. ,:ll «Ini« FO0 S iGA011 e W i n C r as de rihed abow. Additions and Deletions Report for AIA Document A132 — 2019. Copyright ® 1975, 1980, 1992, 2009, and 2019 All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service To report copyright violations, e-mail docinfo@aiacontracts.com User Notes: (3B9ADA39) DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B §-7,2; FFnafie*Whe Owner {n� �Cnlen& §—Suspension The We* fnff be suspended by ihe Owner as pfeNided in AFfiele 14 f AIA A n.,..0 .,lent A 232 2019; i eh ease, the Contract > as applieable, of this AgFeement. § 8.2 The Owner's Fepfeseiitagvt Re rest Concept One Grou 183 N 121' St. Carbondale, CO 81623 Email: info@conceptonegroun.com Phone: (970) 456-6470 PAGE 14 Jack Hughes, Project Su erintendent Jamie Ne ers Preconstruction Mana er Shaw Construction LLC 760 Horizon Drive Ste. 201 Grand Junction, CO 81506 Email: iamisonneyers@shawconstruction.net Phone: 720 878-2521 Email: iackhu hes shawconstruction.net Phone: 970 471-0448 Additions and Deletions Report for AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com User Notes: (3139ADA39) DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B § 8.4 Neither the Owner's Representative nor the Contractor's representative shall be changed without ten days' prior notice to the other party. NOT APPLICABLE PAGE 15 .3 AIA Document A232Tm-2019, Exhibit B General Conditions of the Contract for Construction, Construction Manager as Adviser Edition .rj---.7 Drawings .6—.8 Specifications X—.9 Addenda, if any: .10 Other Exhibits: Additions and Deletions Report for AIA Document A132 — 2019. Copyright m 1975, 1980, 1992, 2009, and 2019. PJI rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This 1 document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiscwntrects.cem. User Notes: (389ADA39) DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B [ ] AIA Document A132Tm-2019, Determination of the Cost of the Work The Guaranteed Maximum Price will be determined at a later date- If a ed u on by the Owner and Contractor. the AIA A 1 32-2019--Determ ination of the Cost of Work will be executed. ARTICLE 10 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: PAGE 16 §12.1 Tax -Exemption. All purchases 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 98-04557. The Owner's Federal Tax Identification Number is 84-6000563. §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. Contractor shall be, and shall perform as, an Independent Contractor who a ees to use his or her best efforts to provide the said services on behalf of the Owner. No agent, employee, or servant of Contractor shall be, or shall be deemed to be the employee, agent or servant of the Owner. Owner is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of the Contractor. 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 Contractor. Contractor shall be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, servants and consultants during the performance of this contract. Contractor shall indemnify Owner against all liability and loss in connection with, and shall assume full m2onsibil�y 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 Contractor and/or Contractor's employees engaged in performance of the services agreed to herein. §12.3 Notice. Any written notices as calied for herein may be hand delivered to the respectivepersons and/or addresses listed below or mailed by certified mail return receipt requested, to: Owner: City Manager Additions and Deletions Report for AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects This 11 document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com User Notes: (3139ADA39) DocuSign Envelope ID: 371684DA-116A-4FB7-9ED8-47E77717A61 B City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 With a copy to: James R. True, EM. City Attorney 427 Rio Grande Place As en Colorado 81611 Contractor: Shaw Construction LLC. 760 Horizon Drive Ste 302 Grand Junciton, CO 81506 12.4 Non -Discrimination. No discrimination because of race color, creed sex marital status affectional or sexual orientation family ffsponsibilt, national origin, ancestry, handica or religion shall be made in the employment of persons to perform services under this contract. Contractor agrees to meet all of the re uirements of Owner's municipal code Section 13-98,12ertaining to non-discrimination in employment. Additions and Deletions Report for AIA Document A132 — 2019. Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This 2 document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA39) DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B 4112.5 Waiver. The waiver by the Owner of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term covenant, or condition of this Agreement can be waived except by the written consent of the Owner. Forbearance or induIVnee by the Owner in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Contractor to which the same may apply and, until complete performance by Contractor of said term, covenant or condition, the Owner shall be entitled to invoke any remedy_ available to it under this Agreement or by law despite any such forbearance or indulgence. 12.6 Execution of A reement by Owner. This agreement shall be binding upon all parties hereto and their respective heirs, executors. administrators successors and assigns. Notwithstanding anything to the contrary contained herein- this Agreement shall not be binding upon the Owner unless duly executed in accordance with the requirements of the Owner's municipal code by the Mayor of the City of Aspen- or a duly authorized official in his absence following approval of City Council. PAGE 17 6l2 7 Worker Without Authorization - KRS 8-17.5-101 & §24-76.5-101 1. Purpose. Durint; the 2021 Colorado legislative session, the Legislature passed House Bill 21-1075 that amended current CR5 §8-17 5 102 (1). (2)(a), (2Xb)introductoryportion, and (2)(b)(111) as it relates to the employment of and contracting_ with a "worker without authorization" which is defined as an individual who is unable to provide evidence that the individual is authorized -by the federal government to work in the United States. As amended, the current law prohibits all state agencies and political subdivisions, including the Owner, from knowingly hiring a worker without authorization to perform work under a contract, or to knowingly contract with a consultant who knowingly hires a worker without authorization to perform work under the contract. The law also requires that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been desiftrted to comply with the requirements of this new law. 2 Definitions The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the Owner. .1 "E-verify_ program" means the electronic employment verification program created in Public Law 208, 104th Conares1as amended and expanded in Public Law 155 108th Congress as amended, that is jointly_ administered by the United States Department of Homeland Security and the social security Administration or its successor pro ram. Additions and Deletions Report for AIA Document A132 — 2019. Copyright m 1975, 1980, 1992, 2009, and 2019. All rights reserved. 'The American institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This 13 document was produced at 16:00:10 ET on 08/10/2023 under Order No 2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiecontracts com User Notes: (3139ADA39) DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B .2 "Department program" means the employment verification Rrogjam established purLuant to section 8-17. - 1055 c. .3 "Public Contract for Services" means this Agreement. .4 "Services" means the fumishing of labor, time or effort by a Consultant or a subconsultant not involving the del ive of a sped fie end product other than reports that are m erc ly incidental to the Teg uired performance. .5 "Worker without authorization" means an individual who is unable to provide evidence that the individual is authorized by the federal govemment to work in the United States 3. By signing this document Consultant certifies and represents that at this time: 1. Consultant shall confirm the em to ment eligibility of all em Io ees who are newly hired for em io ment to erform work under the public contract for services; and 2. Consultant has participated or attempted to participate in either the a-verityro ram or the de artment program in order to verify that new em to ees are not illegal aliens. 4. Consultant hereby confirms that: 1. Consultant shall not knowingly emR[oy or contract with a worker without authorization perform work under the Public Contract for Services. 2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the Consultant that the subconsultant shall not knowingly employ or contract without authorization to perform work under the Public Contract for Services. Additions and Deletions Report for AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This 4 document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/2112023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, e-mail clodnfo@aisconIracts.com User Notes: (3139ADA39) DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B 3. Consultant 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 a-yerify program or the department program. 4. Consultant shall not use either the e-verifyprogram or the department program procedures to undertake pre- employment screening of job applicants while the Public Contract for Services is being_ performed. 5. If Consultant obtains actual knowledge that a subconsultant perfonming work under the Public Contract for Services knowingly employs or contracts with an illegal a]ien,_Consultant shall: PAGE 18 1. Notify such subconsultant and the Owner within three des that Consultant has actual knowledge that the subconsultant is employingor subcontracting with a worker without authorization: and 2. Terminate the subcontract with the subconsultant if within three days of receiving the notice required pursuant to this section the subconsu I tant does not step employing or contracting with the worker without authorization• except that Consultant shall not terminate the Public Contract for Services with the subconsultant if during such three days the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with a worker witl3out authorization. 6._Consultant small comply with any reasonable request by the Colorado Department of labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5) C.R.S. 7. If Consultant violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17 5-102 C.R.S. the Owner may terminate this Agreement. If this agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising out of Consultant's violation of Subsecti n 8-17.5-102 C.R.S. �12.8 It is agreed that neither this agreement nor any of its terms, provisions, conditions. representations or covenants can be modified changed, terminated or amended, waived, superseded or extended except by appropriate written instrument ful Ly executed by the parties Additions and Deletions Report for AIA Document A132 — 2019. Copyright® 1975, 1960. 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This is document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts com User Notes: (3139ADA39) DocuSign Envelope ID: 371684DA-116A-4FB7-9ED8-47E77717A61 B 12.9 If an of the provisions of this agreement shall be held invalid illegal or unenforceable it shall not affect or impair the val i dity. le al ity or enfio rceabi I ity of any other provision. 412.10 No construction is permitted on Sundays. during the Food and Wine Festival in June (Fridgy throu h Sunday). Memorial pay weekend. 4th of July day and/or weekend if it falls on a Friday or Monday, Labor Day weekend Thanksgiving day, and Christmas week 12/25-1/1 . These dates are subiect to change and construction must comply with current dates stipulated under the current Construction Management Plan criteria — as amended b The City of Aspen Engineering Dept. §. 12.14 Electronic Signatures and Electronic Records, This Agreement and any amendments hereto nigy be executed in several counteEparts, each of which shall be deemed an original, and all of which together shall constitute one a eement binding on the Parties notwithstanding the possible event that all Parties may not haye signed the same counte art. Furthermore each PgM consents to the use of electronic signatures by either P The Sco a of Work and any other documents requiring a signature hereunder, inAy be signed electronically in the manner a reed to by the Parties. The Parties agree not to doy the l ai effect or enforceabili of the A eement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to obi ect to the adrn issib i I ity of the A greement in the form of an electronic record or a paper copy of an electronic documents or a a er copy of a document bearing -an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. This A2yeernent is entered into as of the da and year first written above. Sara OttCity Manager Sam Meyer. President. Westem Slone Additions and Deletions Report for AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This s document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA39) DocuSign Envelope ID: 371684DA-1 16A-4FB7-9ED8-47E77717A61 B Certification of Document's Authenticity AIA® Document D401- - 2003 I, Sam Meyer, President, Western Slope Office, 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 16:00:10 ET on 08/10/2023 under Order No. 2114346557 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A132TM - 2019, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition, other than those additions and deletions shown in the associated Additions and Deletions Report. pna�r4iQnoN f�yi rgne President ('Title) 8/16/2023 1 8:29:33 PM MST (Dated) AIA Document D401 — 2003. Copyright 01992 and 2003. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations. e-mail docinfo@aiacantracts.com. User Notes: (3B9ADA39) DocuSign Envelope ID: 838A1159-6F3F-4614-A20E-FBIB7DF372D2 *`; Document A132®- 2�1 2023-248 Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition AGREEMENT made as of the 3Is' day of July in the year 2023 (In words, indicate day, month, and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address, and other information) completion. The author may also have revised the text of the original City of Aspen AIA standard form. An Additions and 427 Rio Grande Place Deletions Report that notes added Aspen, CO 81611 information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left and the Contractor: margin of this document indicates (Name, legal status, address, and other information) where the author has added necessary information and where the author has added to or deleted Shaw Construction, LLC from the original AIA text. c/o Sam Meyer, President c/o Jamie Neyers, Preconstruction Manager This document has important legal 760 Horizon Drive, Ste. 201 consequences. Consultation with an Grand Junction, CO 81506 attorney is encouraged with respect to its completion or modification. This document is intended to be for the following Project: used in conjunction with AIA (Name, location, and detailed description) Documents A232Tm-2019, General Conditions of the Contract for City of Aspen- Old Powerhouse Construction Services Construction, Construction Manager Project as Adviser Edition; 13132TM-2019, 2023-248 Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser The Owner's Representative: Edition; and C132TM-2019, (Name, legal status, address, and other information) Standard Form of Agreement Between Owner and Construction Concept One Group Manager as Adviser. AIA Document 183 N 12th St. A232TM-2019 is adopted in this Carbondale, CO 81623 document by reference. Do not use with other general conditions unless this document is modified. The Architect: (Name, legal status, address, and other information) Gilbert Sanchez Architect PLLC 300 South Spring Street #202 Aspen, CO 81611 And Galambos Architects LLC 314 Aspen Airport Business Center #D Aspen, CO 81611 Init. AIA Document A132 — 2019 Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced by AIA software at 16:00:10 ET on 08/10/2023 under Order No 2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may Sbf / only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA39) DocuSign Envelope ID: B38AIl5g-6F3F-4614-A20E-FBIB7DF372D2 The Owner and Contractor agree as follows. Init AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in fH / accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiawntracte.com. User Notes: (3B9ADA39) DocuSign Envelope ID: 1338A1159-6F3F-4614-A20E-FB1 B7DF372D2 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND DATES OF SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS EXHIBIT B GENERAL CONDITIONS A232.21019 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, 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. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. 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 DATE OF COMMENCEMENT AND DATES OF SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes) [ ] The date of this Agreement. sM I [ X ] A date set forth in a notice to proceed issued by the Owner. { ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. § 3.2 The Contract Time shall be measured from the date of commencement of the Work. AIA Document A132 — 2019. Copyright© 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Init. Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 Sfi ET on 08/10/2023 under Order No 2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in r accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com User Notes: (3139ADA39) DocuSign Envelope ID: B38A1159-6F3F-4614-A20E-FBIB7DF372D2 § 3.3 Substantial Completion of the Project or Portions Thereof § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the date of Substantial Completion of the Work of all of the Contractors for the Project will be: (Insert the date of Substantial Completion of the Work of all Contractors for the Project.) A date set forth in a notice to proceed issued by the Owner § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work of all of the Contractors for the Project are to be completed prior to Substantial Completion of the entire Work of all of the Contractors for the Project, the Contractors shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § 3.4 When the Work of this Contract, or any Portion Thereof, is Substantially Complete § 3.4.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall substantially complete the entire Work of this Contract: (Check one of the following boxes and complete the necessary information) [ ] Not later than ( ) calendar days from the date of commencement of the Work. [ ] By the following date: § 3.4.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work of this Contract are to be substantially complete prior to when the entire Work of this Contract shall be substantially complete, the Contractor shall substantially complete such portions by the following dates: Portion of Work Date to be substantially complete § 3.4.3 If the Contractor fails to substantially complete the Work of this Contract, or portions thereof, as provided in this Section 3.4, liquidated damages, if any, shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box) [ ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee, in accordance with Section 4.3 below [ X ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below.) § 4.2 Stipulated Sum- NOT APPLICABLE § 4.2.1 The Contract Sum shall be Pre -Construction services not to exceed ($ 54,000.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2.2 Alternates § 4.2.2.1 Alternates, if any, included in the Contract Sum: Item Price Init. AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019 All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects This document was produced at 16:00:10 4 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in t accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com User Notes: (3B9ADA39) DocuSign Envelope ID: B38A1159-6F3F-4614-A20E-FB167DF372D2 § 4.2.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item § 4.2.3 Allowances, if any, included in the Contract Sum: (Identify each allowance) Item Price Price Conditions -for Acceptance § 4.2.4 Unit prices, if any: (Identify the item and state the unit price, and quantity limitations, if any, to which the unit price will be applicable) Item Units and Limitations Price per Unit ($0.00) § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price- NOT APPLICABLE § 4.3.1 The Cost of the Work is as defined in Determination of the Cost of the Work. § 4.3.2 The Contractor's Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee) § 4.3.3 The method of adjustment of the Contractor's Fee for changes in the Work: § 4.3.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: § 4.3.5 Rental rates for Contractor -owned equipment shall not exceed percent ( %) of the standard rental rate paid at the place of the Project. § 4.3.6 Unit prices, if any: (Ident� the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable) Item Units and Limitations Price per Unit ($0.00) § 4.3.7 The Contractor shall prepare and submit to the Owner's Representative, within 14 days of executing this Agreement, a written Control Estimate for the Owner's review and approval. § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price § 4.4.1 The Cost of the Work is as defined in Determination of the Cost of the Work. § 4.4.2 The Contractor's Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee.) 1-Pre-Construction Services Fees Init. AIA Document A132 — 2019 Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in srr i accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com User Notes: (3139ADA39) DocuSign Envelope ID: 1338A1159-6173F-4614-A2017-F131 B7DF372D2 Phase 1: A not to exceed value for Pre -Construction Services $54,000.00 Total: $54,000.00 Billing Rates: A comprehensive rate structure for construction services in the Old Powerhouse including the following (at a minimum) Project Manager $145.09/hr Assistant Project Manager $114.43/hr Project Superintendent $167.07/hr Field Superintendent $115.35/hr Project Coordinator $76.63/hr Project Engineer $84.48/hr Labor Foreman $57.26/hr General Laborer $49.11/hr Carpenter Foreman $59.62/hr Carpenter $54.03/hr Vehicle $9.35/hr (applied to Project Manager, Superintendent rates) Computer $4.28/hr (applied to Project Manager, Superintendent, Coordinator, Engineer rates) Mobile Phone $1.81/hr (applied to Project Manager, Superintendent, Coordinator, Engineer rates) Fee 4.5% of cost of work § 4.4.3 The method of adjustment of the Contractor's Fee for changes in the Work: Refer to AIA Document A232-2019 General Conditions of the Contract for Construction- Article 7- Changes in the Work § 4.4.4 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: Refer to AIA Document A232-2019 General Conditions of the Contract for Construction- Article 7- Changes in the Work and Paragraph 4.4.2 of this document § 4.4.5 Rental rates for Contractor -owned equipment shall not exceed percent ( %) of the standard rental rate paid at the place of the Project. NOT APPLICABLE § 4.4.6 Unit Prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable) Item Units and Limitations Price per Unit ($0.00) § 4.4.7 Guaranteed Maximum Price § 4.4.7.1 The Contract Sum is guaranteed by the Contractor not to exceed ($ ), subject to additions and deductions by Change Order as provided in the Contract Documents. This maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner.. The Guaranteed Maximum Price will be determined at a later date. If agreed upon by the Owner and Contractor, the AIA A132-2019- Determination of the Cost of Work will be executed. § 4.4.7.2 Alternates § 4.4.7.2.1 Alternates, if any, included in the Guaranteed Maximum Price: Item Price Init. AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentss Terms of Service To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA39) DocuSign Envelope ID: B38AI159-6F3F-4614-A20E-FBIB7DF372D2 § 4.4.7.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate) Item Price Conditions for Acceptance § 4.4.7.3 Allowances, if any, included in the Guaranteed Maximum Price: (Identify each allowance) Item Price § 4.4.7.4 Assumptions, if any, upon which the Guaranteed Maximum Price is based: (Identify each assumption) § 4.4.8 To the extent that the Contract Documents are anticipated to require further development, the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope, systems, kinds and quality of materials, finishes, or equipment, all of which, if required, shall be incorporated by Change Order. § 4.4.9 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed - upon assumptions contained in Section 4.4.7.4. The Owner shall promptly furnish such revised Contract Documents to the Contractor. The Contractor shall notify the Owner and Architect of any inconsistencies between the agreed - upon assumptions contained in Section 4.4.7.4 and the revised Contract Documents. § 4.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any, to be assessed in accordance with Section 3.4) NOT APPLICABLE § 4.6 Other: (Insert provisions for bonus, cost savings or other incentives, if any, that might result in a change to the Contract Sum) NOT APPLICABLE ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Owner's Representative by the Contractor, and Certificates for Payment issued by the Owner's Representative and 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. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Refer to AIA Documcnt A232- General Conditions of the Contract for Construction Article 9- Payments and Completion § 5.1.3 Provided that an Application for Payment is received by the Owner's Representative not later than the 30th day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the last day of the following month. If an Application for Payment is received by the Owner's Representative after the application Init. AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 7 w ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in t accordance with the AIA Contract Documents® Terms of Service To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA39) DocuSign Envelope ID: B38A1159-6F3F-4614-A20E-FB1 B7DF372D2 1 date fixed above, payment of the amount certified shall be made by the Owner not later than Forty-five ( 45 ) days after the Owner's Representative receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time) § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum- NOT APPLICABLE § 5.1.4.1 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 Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Owner's Representative and Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 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. § 5.1.4.3 In accordance with AIA Document A232TM-2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.4.3.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and .3 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment, to be reasonably justified. § 5.1.4.3.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A232-2019; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A232-2019; and .5 Retainage withheld pursuant to Section 5.1.7. § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price- NOT APPLICABLE § 5.1.5.1 With each Application for Payment, the Contractor shall submit the cost control information required, along with payrolls, petty cash accounts, receipted invoices, or invoices with check vouchers attached, and any other evidence required by the Owner, Owner's Representative or Architect to demonstrate that payments already made by the Contractor on account of the Cost of the Work equal or exceed progress payments already received by the Contractor, plus payrolls for the period covered by the present Application for Payment, less that portion of the payments attributable to the Contractor's Fee. § 5.1.5.2 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the end of the period covered by the Application for Payment and for which the Contractor has made or intends to make actual payment prior to the next Application for Payment. § 5.1.5.3 In accordance with AIA Document A232-2019 and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.5.3.1 The amount of each progress payment shall first include: .1 The Cost of the Work; .2 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment, to be reasonably justified; and Init. AIA Document A132 — 2019. Copyright m 1975, 1980, 1992, 2009, and 2019- All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 8 ET on 08/10/2023 under Order No 2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in r accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (369ADA39) DocuSign Envelope ID: 1338A1159-6F3F-4614-A20E-FB1 B7DF372D2 .3 The Contractor's Fee computed upon the Cost of the Work described in the preceding Section 5.1.5.3.1.1 at the rate stated in Section 4.3.2; or if the Contractor's Fee is stated as a fixed sum in Section 4.3.2 an amount which bears the same ratio to that fixed -sum Fee as the Cost of the Work included in Section 5.1.5.3.1.1 bears to a reasonable estimate of the probable Cost of the Work upon its completion. § 5.1.5.3.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A232-2019; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A232-2019; .5 The shortfall, if any, indicated by the Contractor in the documentation required by Section 5.1.5.1 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .6 Retainage withheld pursuant to Section 5.1.7. § 5.1.5.4 The Owner, Owner's Representative and Contractor shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors and the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1.5.5 In taking action on the Contractor's Applications for Payment, the Owner's Representative and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor, and such action shall not be deemed to be a representation that (1) the Owner's Representative and Architect have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Article 5 or other supporting data; (2) that the Owner's Representative and Architect have made exhaustive or continuous on - site inspections; or (3) that the Owner's Representative and Architect have 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. § 5.1.5.6 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.1.5.7 If final completion of the Work is materially delayed through no fault of the Contractor, then the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A232-2019. § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price § 5.1.6.1 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, Owner's Representative or Architect to demonstrate that payments already made by the Contractor on account of the Cost of the Work equal or exceed progress payments already received by the Contractor plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Contractor's Fee. § 5.1.6.2 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among: (1) the various portions of the Work; (2) any contingency for costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order; and (3) the Contractor's Fee. Init. AIA Document A132 — 2019 Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 9 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only oe used in 5Fr f accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA39) DocuSign Envelope ID: B38AI 159-6F3F-4614-A20E-FB1 B7DF372D2 § 5.1.6.2.1 The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Owner's Representative and Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.6.2.2 The allocation of the Guaranteed Maximum Price under this Section 5.1.6.2 shall not constitute a separate guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values. § 5.1.6.2.3 When the Contractor allocates costs from a contingency to another line item in the schedule of values, the Contractor shall submit supporting documentation to the Architect and Owner's Representative. § 5.1.6.3 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 and for which the Contractor has made payment or intends to make 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. § 5.1.6.4 In accordance with AIA Document A232-2019, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.6.4.1 The amount of each progress payment shall first include: .1 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 most recent schedule of values: .2 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 completed construction or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment, to be reasonably justified; and .4 The Contractor's Fee, computed upon the Cost of the Work described in the preceding Sections 5.1.6.4.1.1 and 5.1.6.4.1.2 at the rate stated in Section 4.4.2 or, if the Contractor's Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work included in Sections 5.1.6.4.1.1 and 5.1.6.4.1.2 bears to a reasonable estimate of the probable Cost of the Work upon its completion. § 5.1.6.4.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A232-2019; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A232-2019; .5 The shortfall, if any, indicated by the Contractor in the documentation required by Section 5.1.6.1 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .6 Retainage withheld pursuant to Section 5.1.7. § 5.1.6.5 The Owner and the Contractor shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors and the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1.6.6 In taking action on the Contractor's Applications for Payment, the Owner's Representative and Architect shall be entitled to rely on the accuracy and completeness of the information fumished by the Contractor and such Init. AIA Document A132 — 2019. Copyright® 1975, 1980. 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 10 p6 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in iH accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.Dom. User Notes: (3139ADA39) DocuSign Envelope ID: B38A1159-6F3F-4614-A20E-FB1 B7DF372D2 action shall not be deemed to be a representation that (1) the Owner's Representative or Architect have made a detailed examination, audit, or arithmetic verification of the documentation submitted in accordance with Section 5.1.6.1 or other supporting data; (2) that the Owner's Representative or Architect have made exhaustive or continuous on -site inspections; or (3) that the Owner's Representative or Architect have 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. § 5.1.6.7 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.1.6.8 If final completion of the Work is materially delayed through no fault of the Contractor, then the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A232-2019. § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to when the Work of this Contract is substantially complete, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law) Five percent (5%) § 5.1.7.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc) Insurance, performance bonds, payment bonds and 2 year warranty bonds § 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 5.1.7.1 is to be modified prior to when the entire Work of this Contract is substantially complete, including modifications for completion of portions of the Work as provided in Section 3.4.2, insert provisions for such modifications) j NOT APPLICABLE § 5.1.7.3 Except as set forth in this Section 5.1.7.3, when the Work of this Contract is substantially complete, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted when the Work of this Contract is substantially complete shall not include retainage as follows: (Insert any other conditions for release of retainage when the Work of this Contract is substantially complete, or upon Substantial Completion of the Work of all Contractors on the Project or portions thereof.) § 5.2 Final Payment § 5.2.1 Final Payment Where the Contract Sum is Based on a Stipulated Sum -NOT APPLICABLE § 5.2.1.1 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 Article 12 of AIA Document A232-2019, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect. § 5.2.1.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: Init. AIA Document A132 — 2019. Copyright ® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Irtstilute of Architects. This document was produced at 16:00:10 11 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-Nne use only, and may only he used in f accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiscontracts.com. User Notes: (3139ADA39) DocuSign Envelope ID: B38A1 159-6F3F-4614-A20E-FB1 B7DF372D2 § 5.2.2 Final Payment Where the Contract Sum is Based on the Cost of the Work witha Guaranteed Maximum Price § 5.2.2.1 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 Article 12 of AIA Document A232-2019, 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 or Project Certificate for Payment has been issued by the Architect. § 5.2.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: § 5.3 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Article 15 of AIA Document A232-2019, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect) § 6.2 Binding Dispute Resolution -Refer to AIA Document (Paragraph Deleted) A232-2019 Article (Paragraphs Deleted) 15- Claims and Disputes ARTICLE 7 TERMINATION OR Init. AIA Document A132 — 2019. Copyright © 1975, 1980, 1992, 2009, and 2019. All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 2 ET on 08/10/2023 under Order No 2114346557 which expires on 08/2112023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts com. User Notes: (3139ADA39) DocuSign Envelope ID: B38A1159-6F3F-4614-A20E-FB1 B7DF372D2 (Paragraphs Deleted) I S1j.S/1F.VS10.'t-Refer to I AIA Document (Paragraphs Deleted) A232-2019 Article j 14- Termination (Paragraphs Deleted) or (Paragraphs Deleted) Suspension of the Contract ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2019 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 The Owner's Representative: (Name, address, email address, and other information) Concept One Group 183 N 12th St. Carbondale, CO 81623 Email: info@conceptonegroup.com Phone: (970) 456-6470 § 8.3 The Contractor's representative: Init. AIA Document A132 — 2019. Copyright ® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects,' "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 13 Rs ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-Ume use only, and may only be used in 6M accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA39) DocuSign Envelope ID: B38A1159-61FY-4614-A20E-F1211B7DF372D2 Init. (Name, address, email address, and other information) Jack Hughes, Project Superintendent Jamie Neyers, Preconstruction Manager Shaw Construction LLC 760 Horizon Drive, Ste. 201 Grand Junction, CO 81506 Email: jamisonneyers@shawconstruction.net Phone: (720) 878-2521 Email: jackhughes@shawconstruction.net Phone: (970) 471-0448 § 8.4 Neither the Owner's Representative nor the Contractor's representative shall be changed without ten days' prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A132TM- 2019, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. § 8.5.2 The Contractor shall provide bonds as set forth in AIA Document A132TM-2019, Exhibit A, and elsewhere in the Contract Documents. (Pcrragrrtphs Deleted) § 8.7 Relationship of the Parties Where the Contract is based on the Cost of the Work plus the Contractor's Fee, with or without a Guaranteed Maximum Price, 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 judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish and approve, in a timely manner, information required by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents. § 8.8 Other provisions: NOT APPLICABLE ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: .1 AIA Document A 132T"--2019, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition .2 AIA Document A132Tm-2019, Exhibit A, Insurance and Bonds Exhibit .3 AIA Document A232Tm-2019, Exhibit B General Conditions of the Contract for Construction, Construction Manager as Adviser Edition (Paragraphs Deleted) AIA Document A132 — 2019. Copyright m 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA; the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA39) 14 DocuSign Envelope ID: 1338A1159-6F3F-4614-A20E-FB167DF372D2 7 Drawings Number Title Date .8 Specifications Section Title Date Pages .9 Addenda, if any: Number Date Pages Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .10 Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit where required.) [ ] AIA Document A 132TM-2019, Determination of the Cost of the Work The Guaranteed Maximum Price will be determined at a later date. If agreed upon by the Owner and Contractor, the AIA A 132-2019--Determination of the Cost of Work will be executed. [ ] AIA Document E235Tm-2019, Sustainable Projects Exhibit, Construction Manager as Adviser Edition, dated as indicated below: (Insert the date of the E235-2019 incorporated into this Agreement.) [ ] The Sustainability Plan: Title Date Pages [ ] Supplementary and other Conditions of the Contract: Document Title Date Pages .9 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A232-2019 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) ARTICLE 10 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: Init. AIA Document A132 — 2019 Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 15 ET on 08/10/2023 under Order No.2114346557 which expires on 08121/2023, is not for resale. is licensed for one-time use only, and may only be used in 4H r accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiscontracts.com User Notes: (3139ADA39) DocuSign Envelope ID: B38A1159-6F3F-4614-A20E-FBIB7DF372D2 §12.1 Tax -Exemption. All purchases 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 98-04557. The Owner's Federal Tax Identification Number is 84-6000563. §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. Contractor shall be, and shall perform as, an Independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the Owner. No agent, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of the Owner. Owner is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of the Contractor. 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 Contractor. Contractor shall be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, servants and consultants during the performance of this contract. Contractor shall indemnify Owner against all liability and loss in connection with, and shall assume full 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 Contractor and/or Contractor's employees engaged in performance 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: Owner: City Manager City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 With a copy to: James R. True, Esq. City Attorney 427 Rio Grande Place Aspen, Colorado 81611 Contractor: Shaw Construction LLC. 760 Horizon Drive Ste 302 Grand Junciton, CO 81506 §12.4 Non -Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Contractor agrees to meet all of the requirements of Owner's municipal code, Section 13-98, pertaining to non-discrimination in employment. §12.5 Waiver. The waiver by the Owner of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the Owner. Forbearance or indulgence by the Owner in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Contractor to which the same may apply and, until complete performance by Contractor of said term, covenant or condition, the Owner shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. §12.6 Execution of Agreement by Owner. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the Owner unless duly executed in accordance with the requirements of the Owner's municipal code, by the Mayor of the City of Aspen, or a duly authorized official in his absence, following approval of City Council. Init. AIA Document A132 — 2019. Copyright© 1975, 1980, 1992, 2009, and 2019- All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 16 ET on 08/10/2023 under Order No.2114346557 which expires on 0812112023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail docinfo®aiacantracts.com. User Notes: (3139ADA39) DocuSign Envelope ID: B38A1159-6FY-4614-A20E-FB1 B7DF372D2 §12.7 Worker Without Authorization — §CRS 8-17.5-101 & §24-76.5-101 1. Purpose. During the 2021 Colorado legislative session, the Legislature passed House Bill 21-1075 that amended current CRS §8-17.5.102 (1), (2)(a), (2)(b) introductory portion, and (2)(b)(III) as it relates to the employment of and contracting with a "worker without authorization" which is defined as an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States. As amended, the current law prohibits all state agencies and political subdivisions, including the Owner, from knowingly hiring a worker without authorization to perform work under a contract, or to knowingly contract with a consultant who knowingly hires a worker without authorization to perform work under the contract. The law also requires 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. 2. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the Owner. .1 "E-verify program" means the electronic employment verification program created in Public Law 208, 104th Congress, as amended and expanded in Public Law 156, 108th Congress, as amended, that is jointly administered by the United States Department of Homeland Security and the social security Administration or its successor program. .2 "Department program" means the employment verification program established pursuant to section 8-17.5- 105(5)(c). .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 performance. .5 "Worker without authorization" means an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States 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-verity program or the department program in order to verify that new employees are not illegal aliens. 4. Consultant hereby confirms that: 1. Consultant shall not knowingly employ or contract with a worker without authorization perform work under the Public Contract for Services. 2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the Consultant that the subconsultant shall not knowingly employ or contract without authorization to perform work under the Public Contract for Services. 3. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the e-verify program or the department program. 4. Consultant shall not use either the e-verify program or the department program procedures to undertake pre- employment screening of job applicants while the Public Contract for Services is being performed. 5. If Consultant obtains actual knowledge that a subconsultant performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien, Consultant shall: Init. AIA Document A132 — 2019 Copyright © 1975. 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 17 n€ ET on 08/10/2023 under Order No 2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in �cu accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiawntracts.00m. User Notes: (3B9ADA39) DocuSign Envelope ID: B38A1 159-6F3F-4614-A20E-FB1 B7DF372D2 1. Notify such subconsultant and the Owner within three days that Consultant has actual knowledge that the subconsultant is employing or subcontracting with a worker without authorization; and 2. Terminate the subcontract with the subconsultant if within three days of receiving the notice required pursuant to this section the subconsultant does not step employing or contracting with the worker without authorization; except that Consultant shall not terminate the Public Contract for Services with the subconsultant if during such three days the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with a worker without authorization. 6. Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5) C.R.S. 7. If Consultant violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising out of Consultant's violation of Subsection 8-17.5-102 C.R.S. §12.8 It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. §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. § 12.I0 No construction is permitted on Sundays, during the Food and Wine Festival in June (Friday through Sunday), Memorial Day weekend, 4th of July day and/or weekend if it falls on a Friday or Monday, Labor Day weekend, Thanksgiving day, and Christmas week (12/25-1/1). These dates are subject to change and construction must comply with current dates stipulated under the current Construction Management Plan criteria — as amended by the City of Aspen Engineering Dept. § 12.14 Electronic Signatures and Electronic Records. This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. This + e++# Ifttered into as of the day and year first written above. ®eg1/AI®neA �►I Sam a` VTr 8/16/2023 1 8:29:33 PM OWNER (Signature) Sara G. Ott CONTRACTO gna ore Sara Oft, City Manager _ Sam Meyer. President, Western Slo e (Printed name and title) (Printed name and title) Init. AIA Document A132-2019. Copyright® 1975, 1980, 1992. 2009, and 2019. All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 16:00:10 8 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in sx / accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts com. User Notes: (3B9ADA39) DocuSign Envelope ID: B38A1159-6F3F-4614-A20E-FB1 B7DF372D2 Additions and Deletions Report for AIA® Document A 1320 — 2019 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:00:10 ET on 08110/2023. PAGE 1 AGREEMENT made as of the 31s' day of July in the year 2023 Cily of Aspen 427 Rio Grande Place Aspen, CO 81611 Shaw Construction, LLC c/o Sam Maer. Presidcnt c/o Jamie Ne ers. Preconstruction ManaU 760 Horizon Drive Ste. 201 Grand Junction CO 81506 City of Amen- Old Powerhouse Construction Services Prot 2023-248 _ The :Owner's Representative. Concept One Grout/ 183 N 12111 St. Carbondale CO 81623 Gilbert Sanchez Architect PLLC 300 South Spring Street 4202 Additions and Deletions Report for AIA Document A132 — 2019. Copyright© 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects This document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/2112023. is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violatlans, e-mail docinfo@aiacontraGis.eam. User Notes: (3139ADA39) DocuSign Envelope ID: B38A1159-6F3F-4614-A20E-FBIB7DF372D2 Aspen, CO 81611 And Galambos Architects LLC 314 Aspen Airport Business Center #D As en CO 8161 I PAGE 3 EXHIBIT B GENERAL CONDITIONS A232-21019 [ X ] A date set forth in a notice to proceed issued by the Owner. PAGE 4 A date set forth in a notice to proceed issued by the Owner [ X ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below § 4.2 Stipulated SumSum- NOT APPLICABLE § 4.2.1 The Contract Sum shall be Pre -Construction services not to exceed ($ 54,000.00 ), subject to additions and deductions as provided in the Contract Documents. PAGE 5 § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum P "Price- NOT APPLICABLE § 4.3.1 The Cost of the Work is as defined in fix�i hit R Determination of the Cost of the Work § 4.3.7 The Contractor shall prepare and submit to the , Owner's Representative, within 14 days of executing this Agreement, a written Control Estimate for the Owner's review and approval.T'�Centr-m Emimate shall inelude the items in Seetien B-1 of Exhibit B, DeteFminatden Bf the Cost ef4he-VAwk- § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price § 4.4.1 The Cost of the Work is as defined in SAilbit-B,Determination of the Cost of the Work. Additions and Deletions Report for AIA Document A132 — 2019. Copyright m 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 ET on 08/10/2023 under Order No 2114346557 which expires on 0612112023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com User Notes: (3B9ADA39) DocuSign Envelope ID: B38A1159-6F3F-4614-A20E-FB1 B7DF372D2 I -Pre -Construction Services Fees Phase I : A not to exceed value for Pre -Construction Services $54 000.00 Total: $54A00 00 Billing Rates: A comprehensive rate structure for construction services in the Old Powerhouse including the followin at a minimum Project Manager $145.091tsr Assistant Project Manager $114.4�3/hr Project Superintendent $167.071hr Field Superintendent $115.351hr Project Coordinator $76.63/hr Proiect Engineer $84.48/hr Labor Foreman $57.26/hr General Laborer $49.111hr Foreman $59.62/hr _Carpenter Car enter 54.03/hr Vehicle $9 35/hr (applied to Project Manager,Supeerinten_dent rates Computer $4 28/hr (applied to Project Manager. Superintendent, Coordinator. Engineer rated Mobile Phone 1 81/hr (applied to Project Manager, Superintendent, Coordinator. Engineer rates) Fee 4.5% of cost of work PAGE 6 Refer to AIA Document A232-2019 General Conditions of the Contract for Construction- Article 7- Changes in the Work Refer to AEA Document A232-2019 General Conditions of the Contract for Construction- Article 7- Changes in the Work and Par rah 4.4.2 of this document § 4.4.5 Rental rates for Contractor -owned equipment shall not exceed percent ( %) of the standard rental rate paid at the place of the Project. NOT APPLICABLE § 4.4.7.1 The Contract Sum is guaranteed by the Contractor not to exceed ($ ),subject to additions and deductions by Change Order as provided in the Contract Documents. This maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. -. The Guaranteed Maximum Price will be determined at a later date If agreed upon by the Owner and Contractor, the AIA A 132-2019- Detennination of the Cnst of Work will be executed. PAGE 7 NOT APPLICABLE Additions and Deletions Report for AIA Document A132 — 2019. Copyright© 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 ET on 08/1012023 under Order No 2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com User Notes: (3139ADA39) DocuSign Envelope ID: B38A1159-6F3F-4614-A20E-FB1 B7DF372D2 NOT APPLICABLE § 5.1.1 Based upon Applications for Payment submitted to the ConstFuefien Manager Owner's Representative by the Contractor, and Certificates for Payment issued by the GenstruGfien NUHOgff Dwner's Representative and 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. Refer to AIA Document A232- General Conditions of the Contract for Construction Article 9- Payments and Completion PAGE 8 § 5.1.3 Provided that an Application for Payment is received by the Owner's Representative not later than the 30th day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the last day of the following month. If an Application for Payment is received by the Genstructia N4apager Re resentative after the application date fixed above, payment of the amount certified shall be made by the Owner not later than Fo -five ( 45 ) days after the _wner's Representative receives the Application for Payment. § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated SmSum- NOT APPLICABLE § 5.1.4.1 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 Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Owner's Representative and Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Ni"Price- NOT APPLICABLE § 5.1.5.1 With each Application for Payment, the Contractor shall submit the cost control information required , required, along with payrolls, petty cash accounts, receipted invoices, or invoices with check vouchers attached, and any other evidence required by the Owner, Censtmetien NolanagepOwner's Representative or Architect to demonstrate that payments already made by the Contractor on account of the Cost of the Work equal or exceed progress payments already received by the Contractor, plus payrolls for the period covered by the present Application for Payment, less that portion of the payments attributable to the Contractor's Fee. 1 The Cost e. the ►Mork A____:L_A 0_-Libit B, Determination of the Cost of the Work; Additions and Deletions Report for AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/2112023. is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Dacuments*Terms of Service. To report copyright violations, e-mail doclnf0@ai0cantracts.com. User Notes: (3139ADA39) DocuSign Envelope ID: B38A1159-6F3F-4614-A20E-FB1 B7DF372D2 PAGE 9 § 5.1.5.4 The Owner, wner's Representative and Contractor shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors and the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1.5.5 In taking action on the Contractor's Applications for Payment, the �'^^�, Manager -Owner's Representative and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor, and such action shall not be deemed to be a representation that (1) the Owner's Re resentative and Architect have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Article 5 or other supporting data; (2) that the Go Owner's Representative and Architect have made exhaustive or continuous on -site inspections; or (3) that the wner's Representative and Architect have 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. § 5.1.6.1 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, Genstruetiert Manager Owner's Representative or Architect to demonstrate that payments already made by the Contractor on account of the Cost of the Work equal or exceed progress payments already received by the Contractor plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Contractor's Fee. PAGE 10 § 5.1.6.2.1 The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the (>vwA-r; 1 oti e h'taeager Owner's R resentative and Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.6.2.3 When the Contractor allocates costs from a contingency to another line item in the schedule of values, the Contractor shall submit supporting documentation to the Architect and wner's Representative. PAGE 11 § 5.1.6.6 In taking action on the Contractor's Applications for Payment, the E-�stfue!�oi .Ma*og "- Dwner's Representative and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and such action shall not be deemed to be a representation that (1) the Owner's Re resentative or Architect have made a detailed examination, audit, or arithmetic verification of the documentation submitted in accordance with Section 5.1.6.1 or other supporting data; (2) that the Gensien h4at3agefOwner's Representative or Architect have made exhaustive or continuous on -site inspections; or (3) that the wner's Re resentative or Architect have 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. Five percent 5°!0 Additions and Deletions Report for AIA Document A132 — 2019. Copyright m 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 ET on 0811012023 under Order No.2114346557 which expires on 08121/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service To report copyright violations, e-mail docinfo@aiecontracts.com. User Notes: (3139ADA39) DocuSign Envelope ID: B38AI 159-6F3F-4614-A20E-FBI B7DF372D2 Insurance, performance bonds, payment bonds and 2 year warranty bonds NOT APPLICABLE § 5.2.1 Final Payment Where the Contract Sum is Based on a Stipulated SumSum-NOT APPLICABLE. PAGE 12 § 5.2.2 Final Payment Where the Contract Sum is Based on the Cost of the Work wilh or without a-witha Guaranteed Maximum Price .2 the Contractor has submitted a final accounting for the Cost of the , Date ,_ roan "'—'' --a Work,and a final Application for Payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Ar-sl}itest in .Architect. § 6.1 Initial Decision Maker § 6.2 Binding Dispute Resolution me4had of binding dispute reso!UtieR Shall be as fal :Resolution -Refer to AIA Document A232-2019 Article Additions and Deletions Report for AIA Document A132 — 2019. Copyright© 1975, 1980, 1992, 2009, and 2019 All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This 6 document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08121/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiscwntracts.com. User Notes: (3139ADA39) DocuSign Envelope ID: B38A1159-6F3F-4614-A20E-FBI B7DF372D2 _..L ...1 ...1... •I... _ r Lbe e' od b5-�:l; -'.'+::A of ^•��, ;��' etr15-Claims and Dis utes ARTICLE 7 TERMINATION OR SUSPENSION PAGE 13 §-�4ere4he-Contrar uV,4&a.St+m4atedSu4n (4ew?4 thet f +xg-a fe err sIJSPEArSIQN- Re er ra §-7 :' '. �h e s rr Fh ay be suspended by the -Owner- as pFavided ia AA:ele 14 of AIA eHment A23 ''�' 0--AIA Document §-T-2LWheF$4he% Can Sum i&1336ed an t e r" ry "Eth .,� �-..`."t Gut-8-Guaranteed-I4fIB7Fifi um-RriGa R 7 7 k '1 The F`ant.Gtmay n A .fide 11 of A r A Doeu.ne A "'rrc3z z919;A232-2019 Article Additions and Deletions Report for AIA Document A132 - 2019. Copyright @ 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This 7 document was produced at 16:00-10 ET on 0811012023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service To report copyright violations, e-mail docinfo@aiscontracts.com. User Notes: (3B9ADA39) DocuSign Envelope ID: B38A1159-6F3F-4614-A20E-FB1 B7DF372D2 A 7.2.1.2 fminzl on Y-thaj],.,nor for Cause14- Termination C-WFaG1eF'S Fee, coFApuied upon ibe-Gost of the We k tE) !he date of ;efm �Ratiea at the rate Mated in See-WR 4.3 _ , -he Cast -Ahe WOFk at !he £Bt 19iiU :iz>FaG RM a eleets !a fetain and that is not oiheFm included i rust e W e :t. de. -Beet; on 7 2 s '. T.1 . Ta the em b 1 �a"'S the ._1_j _s ",t of s e 6 .�ttc_an e,r-eone µal rights a _wl._e e".•.",e,.aoter Fr his and t ,;ohEB �VrF Additions and Deletions Reportfor AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (389ADA39) DocuSign Envelope ID: B38A1159-6F3F-4614-A20E-FB1 B7DF372D2 §Suspension ; in sush ease, the Contract emeep! tW the tom ,'r 4.4:2; as applicable, of this AgFeement. § 8.2 The Owner's FepFesenwive:Re res�entat.ii_ve: Concept One Group 183 N 12" St. Carbondale CO 81623 Email: info@conceptonegroul2.com Phone: (970)456-6470 PAGE 14 Jack Hushes. Proiect Superintendent Jamie Ne ers Preconstruction Manage Shaw Construction LLC 760 Horizon Drive Ste. 201 Grand Junction CO 81506 Email: 'amisonne ers shawconstruction.nel Phone: (720) 878-2521 Email: 'ackhu hes shawconstruction.net Phone: 970 471-0448 Additions and Deletions Report for AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA39) DocuSign Envelope ID: B38A1159-6F3F-4614-A20E-FB1 B7DF372D2 § 8.4 Neither the Owner's Representative nor the Contractor's representative shall be changed without ten days' prior notice to the other party. _■. A. a ■ ■. NOT APPLICABLE .3 AIA Document A232TM-2019, Exhibit B General Conditions of the Contract for Construction, Construction Manager as Adviser Edition PAGE 15 4 —.7 Drawings .6—.8 Specifications X--.9 Addenda, if any: Other Exhibits: Additions and Deletions Report for AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This 0 document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA39) DocuSign Envelope ID: B38A1 159-6F3F-4614-A20E-FB1 B7DF372D2 [ ] AIA Document A132Tm-2019, €xhib+t-&,-Determination of the Cost of the Work The Guaranteed Maximum Price will be determined at a later date. If agreed upon by the Owner and Contractor, the AIA A 132-2.019--Determination of the Cost of Work will be executed. ARTICLE 10 SPECIAL. TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows. PAGE 16 12.1 Tax -Exemption. All Rurchases of suRRIies, construction or building materials shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. The Owner's State of Colorado tax identification number is 98-04557. The Owner's Federal Tax Identification Number is 84-6000563. 412.2 ]Independent Contractor Status. It is expressly acknowledeed and understood by the parties that nothing contained in this agreement shall result in or be construed as establishing an employment relationship. Contractor shall be and shall perform as an Independent Contractor whoagrees to use his or her best efforts to provide the said services on behalf of the Owner. No anent, employee, or servant of Contractor shall be, or shall be deemed to be. the emplp ovee, agent or servant of the Owner. Owner is interested onl +min the results obtained under this contract. The manner and means of conducting the work are under the sole control of the Contractor. 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 Contractor. Contractor shall be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees servants and consultants durin g the performance of this contract. Contractor shall i ndem nify Owner again st all IiabiIi ty and loss in connection with, and shall assume full responsibility for pgyment of all federal, state and local taxes or contributions imposed or required under unem 1❑ ment insurance social security and income tax law, with respect to Contractor and/or Contractor's employees engaged in performance of the services agreed to herein. §1,2.3 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: Owner: Cijy Mana er Additions and Deletions Report for AIA Document A132 — 2019. Copyright m 1975, 1980, 1992, 2009, and 2019. All rights reserved "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects This 11 document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA39) DocuSign Envelope ID: B38A1159-6F3F-4614-A20E-FB1 B7DF372D2 City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 With a copy to: James R. True, Egg. Cily Attorney 427 Rio Grande Place As Colorado 81611 Contractor: Shaw Construction LLC. 760 Horizon Drive Ste 302 Grand Junciton- CO 81506 12.4 Non -Discrimination. No discrimination because of race color, creed sex marital status afif'ectional or sexual orientation farni ly res onsibiIi ty, national on in ancestry, handica ar rt ti ion shall be made in the am ] oy meat of persons to perform services under this contract. Contractor agrees to me t all of the req uirements of Owner's municipal code Section 13-98 ertaining to non-discrimination in ernniovrnent. Additions and Deletions Report for AIA Document A132 — 2019. Copyright m 1975, 1980, 1992, 2009, and 2019. All rights reserved 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This Z document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com User Notes: (3139ADA39) DocuSign Envelope ID: B38A1159-6F3F-4614-A20E-FB1B7DF372D2 412.5 Waiver. The waiver by the Owner of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the Owner. Forbearance or indulgence by the Owner in any regard whatsoever shall not constitute a waiver of an term, covenant, or condition to be performed by Contractor to which the same may apply and until complete performance by Contractor of said terra, covenant or condition, the Owner shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or ind 12.6 Execution of Agreement by Owner. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators successors and assigns. Notwithstanding-gathing to the contrary contained herein, this Agreement shall not be binding upon the Owner unless duly executed in accordance with the requirements of the Owner's municipal code, by the Mayor of the City of Aspen, or a duly authorized official in his absence following approval of CiCouncil. PAGE 17 &12.7 Worker Without Authorization — SCRS 8-17.5-101 & §24-76.5-101 1. Purpose. During the 2021 Colorado legislative session, the Legislature passed House Bill 21-1075 that amended current CRS $8-175 102 (1), (2)(a). (2)(b) introductory portion, and (2)(b)(111) as it relates to the employment of and contracting with a "worker without authorization" which is defined as an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States. As amended, the current law prohibits all state agencies and political subdivisions, including the Owner, from knowingly hiring a worker without authorization to perform work under a contract, or to knowingly contract with a consultant who knowingly hires a worker without authorization to perform work under the contract. The law also requires that all contracts for services include certain specific language as set forth in the statutes. The followin terms and conditions have been designed to comply with the requirements of this new law. 2. )definitions- The followin;; terms are defined in the new Iaw and by this reference are incorporated herein and in any contract for services entered into with the Owner. .1 "E-verifyproeram" means the electronic employment verification program created in Public Law 208, 104th Congress, as amended and expanded in Public Law 156, 108th Congress, as amended, that is jointly - administered by the United States Department of Homeland Security and the social seqq[ijbEAdmvpistratLon or its successor program. Additions and Deletions Report for AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This 13 document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 06/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (389ADA39) DocuSign Envelope ID: B38A1159-6F3F-4614-A20E-FBIB7DF372D2 .2 "Department program" means the employment verification proaam established pursuant to section 8-17.5- 1055 c. .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 perfonnance. .5 "Worker without authorization' means an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States 3. By signing this document Consultant certifies and represents that at this time: I. Consultant shall confirm the em is ment eligibility of all em to ees who are newly hired for em to ment to erform work under the public contract for services,• and 2. Consultant has artici ated or attempted to Rarticipate in either the a-verityroeram or the de artment progmm in order to verify that new em to ees are not illegal aliens. 4. Consultant hereby confirms that: 1. Consultant shall not knowinglyknovdngly employ or contract with a worker without authorization perform work under the Public Contract for Services. 2. Consultant shall not enter into a contract with a subconsultant that fails to cerfify to the Consultant that the subcon suItant shall not know in &1y em pla or contract without authorization to erform work under the Public Contract for Services. Additions and Deletions Report for AIA Document A132 — 2019. Copyright® 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacwntracts.com. User Notes: (369ADA39) 14 DocuSign Envelope ID: B36A1159-6F3F-4614-A20E-FB1 B7DF372D2 3. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to Rerform work under the pubIic contract for services Ihrou h RaTtici pation in either the e-veri program or the department program_. 4. Consultant shall not use either the e-verify program or the department program procedures to undertake pre- employment screening of job applicants while the Public Contract for Services is being performed. 5. If Consultant obtains actual knowledge that a subconsultant performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien, Consultant shall: PAGE 18 I. Notify such subconsultant and the Owner within three days that Consultant has actual_ knowledge that the subconsultant is employna or subcontracting with a worker without authorization; and 2. Terminate the subcontract with the subconsultant if within three days -of receivinE the notice reQuired pursuant to this section the subconsultant does ..not sten ern sloyinng or contracting with the worker without authorization: except that Consultant shall not terminate the Public Contract for Services with the subconsultant if during such three days the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with a worker without authorization. 6. Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5) C.R.S. 7. If Consultant violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection &-17.5-102. C.R.S. the Owner may terminate this Agreement. If this reement is so terminated, Consultant shall be liable for actual damages to the Owner arising out of Consultant's violation of Subsection 8-17.5-102 C.R.S. $ 12.8 It is agreed that neither this agreement nor any of its terms, provisions, conditions. representations or covenants can be modified, changed, terminated or amended, waived. superseded or extended except byMpropriate written instrument fully executed by the parties. Additions and Deletions Report for AIA Document A132 — 2019 Copyright© 1975, 1980, 1992, 2009, and 2019. All rights reserved. 'The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects This 15 document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. _ User Notes: (369ADA39) DocuSign Envelope ID: B38AI l59-6F3F-4614-A20E-FBIB7DF372D2 12.9 If any of the provisions of this a reement shall be held invalid illepzal or unenforceable it shall not affect or imlair the validity, legality or enforceability of any other provision. 12.10 No construction is permitted on Sundays. durin the Food and Wine Festival in June (Fridgy through Sunday), Memorial Day weekend, 4th of July day and/or weekend if it falls on_a_Friday or Monday, Labor Dgy weekend Thanksgiving day. and Christmas week 12125-111 . These dates are subject to change and construction must comply with current dates stipulated under the current Construction Management Plan criteria — as amended b the City of Aspen Engineering Dept. 12.14 Electronic Signatures and Electronic Records. This A eement and an amendments hereto mqy be executed in several counteERarts, each of which shall be deemed an original, and all of which to ether shall constitute one Agreement bindina on the Parties notwithstanding the Rossible event that all Parties m1y not have aiggicd the same counteEpart. Furthermore each Panty consents to the use of electronic signatures by either P The Sco a of Work and an other documents rgguiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not LQ deny the le al effect or enforceability of the A r ement solely because it is in electronic form or because an electronic record was used in its formation. The Parties a ree not to object to the admissibilfty of the Agreement in the form of an electronic record or a papgLcoo of an electronic documents or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. This Agreement is entered into as of the dU and year first written above. Sara Ott. City Manager Sam Mexer, President, Western Slone Additions and Deletions Report for AIA Document A132 — 2019. Copyright O 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects This s document was produced at 16:00:10 ET on 08/10/2023 under Order No.2114346557 which expires on 06/2112023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiscontracts com. User Notes: (3B9ADA39) DocuSign Envelope ID: B38A1159-6F3F-4614-A20E-FB1 B7DF372D2 Certification of Document's Authenticity AIA® Document D401- - 2003 I, Sam Meyer, President, Western Slope Office, 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 16:00:10 ET on 08/10/2023 under Order No. 2114346557 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A132TM - 2019, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition, other than those additions and deletions shown in the associated Additions and Deletions Report. CDspY®19I►id g►'I am (Sr. Mom► �,grriaE ft3 ne President (Title) 8/16/2023 1 8:29:33 PM MST (Dated) AIA Document D401 — 2003 Copyright®1992 and 2003. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at i 6:00 10 ET on 08/10/2023 under Order No.2114346557 which expires on 08/21/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3139ADA39)