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HomeMy WebLinkAboutresolution.council.128-23RESOLUTION # 128 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORAIDO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND PHIL VAUGHAN CONSTRUCTION MANAGMENT INC. AUTHORIZING THE CITY MANAGER TO E��ECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. V�►THEREAS, there has been submitted to the City Council a contract for Construction Inspection Services for the Maroon Creek Multi Use Trail between the City of Aspen and Phil Vaughan Construction Management Inc., a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves a contract for Construction Inspection Services for the Maroon Creek Multi -Use Trail, between the City of Aspen and Phil Vaughan Construction Management 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 3 Ot' day of October, 2023 . Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy %J that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, October 30th, 2023. Nicole Henn;)ag, City Clerk DocuSign Envelope ID: 5C9C546D-9911-4BA4-A2F1-3E15DD593438 CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES T CITY OF ASPEN City of Aspen Contract No.: 2023-251 AGREEMENT made this 17th day of August, in the year 2023. BETWEEN the City: The City of Aspen c/o Sara Ott 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: Phil Vaughan Construction Management, Inc. c/o Phil Vaughan 038 County Road 323 Rifle, CO 81650 970-625-5350 philgpvcmi.com For the Following Project: Contract Amount: Total; $187,540.00 If this Agreement requires the City to pay an amount of money in excess of $501000.00 it shall not be deemed valid untiI it has been approved by the City Council of the City of Aspen. City Council Approval: Date: 9/12/2023 Resolution No.: 2023-128 Construction Inspection Services- Maroon Creek Multi Use Trail Exhibits appended and made a part of this Agreement: Exhibit A: Exhibit B Scope of Work. Fee Schedule. The City and Professional agree as set forth below. Agreement Professional Services Page 0 DocuSign Envelope ID: 5CK5461D-9911-41BA4-A21`1-3E15DD593438 l . Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than December 1, 2024. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. Professional may charge the City an additional service charge of 1.5 percent per month of the amount unpaid and undisputed or the maximum percentage allowed by law, whichever is less, if not paid within thirty (30) days after date of invoice receipt by the City. 4. Non -Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub -Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub -contractor. 5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. If the City Agreement Professional Services Page 1 DocuSign Envelope ID: 5C9C546D-9911-4BA4-A2F1-3E15DD593438 fails to make payments to the Professional of undisputed amount properly due in accordance with this Agreement, the Professional may provide written notice of such failure. If the City fails to make payment within (14) days of receipt of such notice, such failure shall be considered substantial nonperformance and cause for termination or, at the Professional's option, cause for suspension of performance of services under this Agreement. If the Professional elects to suspend services, the Professional shall give an additional seven days' written notice to the City before suspending services. In the event of suspension of services, the Professional shall have no liability to the City for delay for damage caused to the City because of such suspension of services. Before resuming services, the Professional shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Supplier's services. The Professional's fees for the remaining services and the time schedules shall be equitably adjusted. 7. 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. Professional 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 City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional sible for its acts and for the acts of Professional's agents, employees, hall be solely and entirely respons servants and subcontractors during the performance of this contract. Professional shall indeni mfy City 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 Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional. agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and For an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. Agreement Professional Services Page 2 DocuSign Envelope ID: 5C9C546D-9911-413M A2F1-3E15DD593438 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self4risured status may be substituted for the Worker's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. (iii) Comps°el�ensive AutomobileLiability i"si/ra�rce with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1, 000, 000. 00) each occurrence and ONE MILLION DOLLARS ($11 000, 000. 00) aggregate with respect to each Professional's owned, hired and non - owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000) aggregate. DocuSign Envelope ID: 5CK546D-991I-41BA4-A2F1-3E15DD593438 (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided to the City shall be completed. by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 244 04 01 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand. that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. Agreement Professional Services Page 4 DocuSign Envelope ID: 5C9C5461D-9911-41BA4-A2F1-3E15DD593438 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. 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. Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non- discrimination in employment. 14. Waiver. The waiver by the City 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 City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. 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 City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) foBowing a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Worker Without Authorization prohibited —CRS $8-17.5-101 & §24-76.5-101 Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21- 1075 that amended current CRS 98-17.5402 (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 Professional who knowingly hires with 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. Definitions. The following terms are defined by this reference are incorporated herein and in any contract for services entered into with the Owner. l . "E-verify program" means the electronic employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is jointly administered by the United States Department of Homeland Security and the social security Administration, or its successor program. 2. "Department program" means the employment verification program established. pursuant to Section 8-17.5-102(5)(c). DocuSign Envelope ID: 5CK546D-9911-413M-A2F1-3E15DD593438 3. "Public Contract for Services" means this Agreement. 4. "Services" means the furnishing of labor, time, or effort by a Professional or�a subprofessional 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 By signing this document, Professional certifies and represents that at this time: 1. Professional 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. Professional. has participated or attempted to participate in either the e-verify program or the department program in order to verify that new employees are not workers without authorization. Professional hereby confirms that: l .Professional shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 2. Professional shall not enter into a contract with a subprofessional that fails to certify to the Professional that the subprofessional shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 3. Professional 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. Professional shall not use the either the e-verify program or the department program procedures to undertake pre -employment screening of job applicants while the Public Contract for Services is being performed. If Professional obtains actual knowledge that a subprofessional performing work under the Public Contract for Services knowingly employs or contracts with a worker without authorization, Professional shall: l .Notify such subprofessional and the Owner within three days that Professional has actual knowledge that the subprofessional is employing or subcontracting with. a worker without authorization: and 2. Terminate the subcontract with the subprofessional if within three days of receiving the notice required pursuant to this section the subprofessional does not stop employing or contracting with the worker without authorization; except that Professional shall not terminate the Public Contract for Services with the subprofessional if during such three days the subprofessional provides information to establish that the subprofessional has not knowingly employed or contracted with a worker without authorization. Agreement Professional Services Page 6 DocuSign Envelope ID: 5CK546M911-413M-A21`1-3E15DD593438 Professional 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- 17.5402 (5), C.R.S. If Professional 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, Professional shall be liable for actual damages to the Owner arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. 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. 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. 17. Warranties Against Continent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person. or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. Agreement Professional Services Page 7 DocuSign Envelope ID: 5C9C546D-9911-4BA4-A2F1-3E15DD593438 18. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms %J this Agreement. 19. General Terms. (a) 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. (b) 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. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 20. 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. 21. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 22. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Professional or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Professional Agreement Professional Services Page 8 DocuSign Envelope ID: 5C9C546D-9911-41BA4-A2F1-3E15DD593438 because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 23. Attorneys Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 24. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 25. Certification Re ardin; Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 26. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, Professional understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 27. Authorized Representative. The undersigned representative of Professional, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Professional for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. Agreement Professional Services Page 9 DocuSign Envelope ID: 5C9C546D-9911-4BA4-A2F1-3E15DD593438 IN WITNESS WIIEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement of which shall be deemed an original on the date first written above. CITY OF ASbENAeCdVy. DO: ALL [ ignature Sara G. Ott By: [Name] Title: City manager Date: 11/1/2023 1 7223355 PM PDT Approve as to Form: DocuSigMarl by: City PROFESSIONAL: By: —DocuSigned by: U" Phil Vaughan [Name] Title: President Date: �121/2023 � 2:21:09 PM MDT General Conditions and Special Conditions of Aspen Website0 Purchasing ( Aspen, CO can be found on City Agreement Professional Services � Page 10 DocuSign Envelope ID: 5C9C546D-9911-4BA4-A2F1-3E15DD593438 EXHIBIT A: SCOPE OF WORK Fhil Vau.1Yan C onstructian A anag;�.Ilielit. il-IC 1(�s►s C.'orult � Rc CIAd 3'�3 Rifle_ CO 81650 F1i_ i.�-ti��� Fax 970-625-45-1,. ��,F�C)�I�J RCE� ��.ILTI �E Ti��IL ectiou 4- Fee Proposal A. Please find attached the executed Biel Proposal Foam. Note: Please note that we have prep .ued the attached Bid Proposal Form utilizing the Cityof Aspen Recpiest for Propoul eminiated flours for construction inspection semces "P.StIMared irsc is 40 hourspeyv ivee ytar- a duration qf 0 weeks. ours € ach week, may �'.crr�' der, endi,pag are .� tages of c on��syyt__rarction.. 'aJ1E?et is to? tath?ely sC.11�'a�'il edit tQ egi i? i�n .pr•il 1� J #, and conclude G* 4.JY_:taber i 5 th of �' o24. Tlie pno�ect ,sclle�iule that is. agreed upon bet'a��eeli t11e C"its, of l�pea wed the C"ontractor WHI ultiilLIteldeteffli me me Ilt1niuer of nolms required far inspection eni ices. I 'e p1am to charge tale CIIt r of Aspen for constrimction inspection senues on a time and iraterials bxus for services prollided. Ilnpol-taut 1c,te: We �'Il do as Illurli ��s �,�e call �lliliiyg �� �� Hour ��eel:, but j�F �jz.11 Itot lye �•ihle to fulfill ��ll of the e�pectatous r�egiili'cd .1��the C�ir~of ispeli In the ;Scope of'Seiriices detailed I)eloii. 'e have prodded Diu Alterluative Pcopo4a11 f01' Services below- fear WW-our I'mewq cousldet'ation and disciTssIDIII l><�e attached the P�.TC'I��II'2C�2_3� 2t�24 Fee Schedule to be utilized for this prc�lect_ Please note at travel bole and nWeage iAiil be charged roxmi l-tri that p from our office to the jobsite_ Te have prepared the Bid. Prapos��l Fonli utiliziirg theexpectationsdetailed III tl�e Request for Proposals: :, Carrstarctian Iarspectiapa - Pr•aject In. �pec tar•_ arc Project Inspector will be �����ct�}t� to �.ra•aa�i��� tr���a�'�'aii°,�I� scr•I�icc-s.- a P)Oovide r7r•#-firma haslet �`ionlfior° the duration a,f, . 2e project_ The inspector shall be an sitefir obsmua lion Qf the eanstrlaction work, pfarti€ ulmlly ,fail the bllou'*?gpar•tions of Imrk. Page 1 of A Agreement Professional Services Page 11 DocuSign Envelope ID: 5C9C546D-9911-4BA4-A2F1-3E15DD593438 L` stca lis}rrrre nr cr limit qT —I QT Subbase and trafisurface rtreat ical histerlleation Retaining Nall installation midflimishing Removal and reinstallation n ofpedatr i aia bridge at the ARC Railing and ligh fing installation andfinishing �Senv as J[ Sys; d,1co}{ynctif}q Point of contact. Pear lick ate in week4y constnict opt mestin s to inaintain project schedule rle eared caddi s Issueps as the err ase. Independently monitor and inspect fheprog7vess and consmiction methods ter aware flac rojcct is mee-fing erern&a tual r egaair rnacrat . Providie y eld checks of tlic rraerte?t°ieals � � '�dli � ofivorbn anslir; , calculate the gage ethics o, r" atcrials installed. r°e vi k, ccratt actcr pTwie nt applications ns and r '104? MAI Wiationsfilom the ContractDocuments or existing conditions. Pr ovidc comments, vejIfication of quantities earadAor estimates oftcent ccraalcticrrerrter P cct rause crrtirr°rent: ca Maintain d icy hasp cction reports, which record the work in pro ss, M4 werratltics, labor and aTupivent employed, situ condwons, weather, visitors, eaccidwits, Terra revisions, and cedes° i 1 form tioaa eftf ring the wor perfibi7 er ? Aefonitorww*.-Zotle traffic control. rrovide dcai , and regul mv correspondence with Me Contractor's 's dersi rieawpoint of contact. egul r i arpdeate the Project Manager bra hone, email, il, or rricctin , as tiecessa7y to keep the 007 informed e#d ofprogress or issarps on t r pr , ect Commutnicater crud esohwfleldproble is with contractors, P V :t l,ftager, ufilioi companies, and gfect d pa ties.. Field issues relate` to the cons aectionprer cct°s Contract Time and o7l retread Price shall requUte irrrrttcdieatv. communication unction titlh the +� is P rq[ect �rrag. _ Field issues related to the construction project -,s corarrritaraication eandl'orx ce ordin atiorr wifii prAwleproperi owiers andoor other affuctedparfies shall require immediate communication 1+7tla Me 041's Project Alan a o Develop,minch list hi coordination with Me P ojexct anagerra. ChecformsPriorto all cow rWep ds. Inspect asphalt card concr°ctc place ae nt or compliance t49 specs. j' Please find ow an Aterwitve Fr'a� V ectoand r C, .tin bmigef as for the City of .,re& Bridge IWro-vtnientsZ2,,018, Paepcke Tramit Hub- 2022 and HaMm and arnii: h 'tormpipeand Watemiam lament- 2023, nib; experience shows that is exit �.: al t 1mve a full-time Cite I Aspen representative on -site. Agreement Professional Services Page 12 DocuSign Envelope ID: 5C9C546D-9911-4BA4-A2F1-3E15DD593433 To or to nn of tine,L�ritic l ti l ne r connpl Lion or the project M,2024, t ld ncti OIL Inc, CreWs AIR Lie l nor i on -sire 1 Z hoes per clay, I alsso anticipate that ultiple Gould Construction, Inc. creivs will be w kmg one ito as this lintar project. # �:onnstnkoct onn Innsp ctionn In Nit Lill h, I�copf inclnnd :s not 0JUN7 inspection o vi ., but also critical coordination and communication between the Clih, of kspen pn oject noant n°, Contractor and I� ig�n Team. It In been� pin i nnc that nnestionns and issues come up multiple times d€nrMi o the workday that requilte field lecisio1r; in coordination ritln the City- of Aspen Pi I oJect i nager,� Conntractoi� and I)esign Team. The comps pity of the terrain and the linear aspect of the project 'equirts Construction Inspector on -ate coon°dmatiotn of construction layout and onnstr ct lailitN� issue'st I�l�-inn.. ddn�g tlt� ct�it$cl field iss� nnitin��tl�� conncluds i� pnAojt rll�n��s �nnnd changechangre orders from the Contractor. llntiial� 5 ���� ��sill Aso co lict �, project �. ��ill r� : tion�l ���ic of the Constniction hispectof. l�stl��Fz tlnr nan�ltiplo ��� �trti�.� coon r�nniro. oi`�.� `o�tctioo Victor clnnding attendance at ect nnnti:ogs, verifications ootorilquantities, nevi l r o Contractor nnontl*y pa, applications, Preparation o inspection its Correspondence ivith the Contractor, updating the Cityof Aspen P Jectiv:Linager. field i sues correspondence and solution , pnmch list pf eparation and preparation of fish n:spection sort. It iopinnionn tint tlnes� 1d ist��.ti�., �nctionns, f�ild inn.�ptionn coons "Luet on and i ga d-u tp to ai e1 cannot lbe coniplet €1 in till o lnoln° uIrv. Plea 1%a1o�,r f`or page of Agreement Professional Services Page 13 DocuSign Envelope ID: 5C9C546D-9911-4BA4-A2F1-3E15DD593438 24 14M AA IL MA CITY OF ASPEN PROJECT NO.: 2023-251 BID DATE: July 181h, 2023 PROJECT: Construction Inspection Services Maroon Creek Multi Use Trail PROPOSAL SUBMITTED BY: Phil Vaughan Construction Management, Inc. BIDDER BIDDER'S BID PROPOSAL Rev. 1 TO: The Governing Body of the City of Aspen, Colorado The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same item, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid, all the requirements of the bid documents including the specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Sixt (60) Consecutive Calendar days from the date of bid opening. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City, to waive any informalities or to reject any or all bids. By signing this document, Bidder certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. I hereby acknowledge receipt of ADDENDUM(s) numbered 1 BP1-971.doc *BP1 through Page 1 Contractor's Initials DocuSign Envelope ID: 5C9C546D-9911-4BA4-A2F1-3E15DD593438 Description Quantity Cost Per Total Preconstruction Services 0 $0.00 Construction Inspection 8 hours per day x 5 days $95.00 per hour $11400.00 Services per week x 30 weeks= 1,200 hours Travel Time 4 hours per day x 5 days $95.00 per hour $57,000.00 per week x 30 weeks= 600 hours Office Costs Copies of drawings, $21500000 $2,500.00 specifications, reports and submittals for field use Travel Costs 5 days per week x 30 $0.65 $141040000 weeks= 150 trips. 150 trips x 144 miles= 21,600 miles x $0.65/ mile= $14,040 Other TOTAL $187,540600 Total Bicl in Numbers: $187,540.00 Total �3i�' in Words: One hundred ei�ht`�-seven thousand flue liund�ed fo�iy and 00/100 dollars I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. BP1-971.doc *BP1 Page 2 Contractor's Initials DocuSign Envelope ID: 5C9C546D-9911-4BA4-A2F1-3E15DD593438 Authorized Officer: Philip B. Vaughan , Title: President Fu11 name signature: Company address: 1 38 County Road 323 R Telephone number: W. 970-625-5350 C. 970-379-0428 Email: philgpvcmi.com Attested. by: Denise A. Vaughan- Vice -President BP1-971.doc 650 Page 3 Contractor's Initials DocuSign Envelope ID: 5C9C546D-9911-4BA4-A2F1-3E15DD593438 Phil Vaughan Construction management,Inc. design and Estimation onstruction Management/ chaduling gavel �--at pass l�s[1c�s ors 'hotoopis dolor BIkIinBllln Prlts Ir Va vls resentation Binding dolor Plots. D size size sans dash Drives. �.1r � . hour � _ 1hourst of -+- � ex ens; plus % DocuSign Envelope ID: 17C5A9B6-38DA-497C-B5B6-A70953213AFF Dock men' Al 32 2,1019 r Kh'h' r Ho Determination od rho G ofthe Wrhi for the following Project: (Name, location, and brief description) City of Aspen- Maroon Creel: Multi -Use Trail ADDITIONS AND DELETIONS: Project #2022-234 The author of this document has added information needed for its completion. The author may also have revised the text of the original THE OWNER: AIA standard form. An Additions and (Name, legal status, address, and other information) Deletions Report that notes added information as well as revisions to the City of Aspen standard form text is available from 417 Rio Grande Place the author and should be reviewed. A Aspen, CO 81611 vertical line in the left margin of this document indicates where the author has added necessary information THE CONTRACTOR: and where the author has added to or (ljame, legal status, address, and other information) deleted from the original AIA text. Gould Construction, Inc. This document has important legal P.O. Box 130 consequences. Consultation with an attorney is encouraged with respect Glenwood Springs, CO 81602 to its completion or modification. This document is intended to be used THE CONSTRUCTION MANAGER: in conjunction with AIA Documents T''-2019 (Nance, legal statics, address, and other• it formation) A232, General Conditions of the Contract for Construction, Phil Vaughan Construction Management, Inc, Construction Manager as Adviser 1038 County Road 323 Edition; B132TI"-2019, Standard Rifle, CO 81650 Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition; and C132T°'-2019, Standard Form of THE ENGINEER: Agreement Between Owner and (Name, legal status, address, and other information) Construction Manager as Adviser. AIA Document A232T"'-2019 is Otak adopted in this document by 371 Centennial Parkway, Suite 210 reference. Do not use with other Louisville, CO 80027 general conditions unless this document is modified. ARTICLE 6.1 CONTROL ESTIMATE § 6.1.1 Where the Contract Sum is based on the Cost of the Work, plus the Contractor's Fee without a Guaranteed Maximum Price pursuant to Section 4.1 of the Agreement, the Contractor shall prepare and submit to the Construction Manager, within I4 days of executing this Agreement, a written Control Estimate, for the Owner's review and acceptance. The Control Estimate shall include the estimated Cost of the Work plus the Contractor's Fee. The Control Estimate shall be used to monitor actual costs and the timely performance of the Work. The Contractor shall update the Control Estimate with each Application for Payment as needed to reflect Changes in the Work. AIA Document A132 — 2019 Exhibit B (formerly A132T'' — 2009 Exhibit A). Copyright ©1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Init. Institute of Architects,° "American Institute of Architects," "AIA," the AIA Loga, and "AIA Contract Documents" are trademarks of The American Institute of Architects This document was produced at 10:24:22 ET on 09/29/2023 under Order No.2114456543 which expires on 09/10/2024, 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@aiaconlracts.com. User Notes: (1414547777) 1 DocuSign Envelope ID: 17C5A9B6-38DA-497C-B5B6-A70953213AFF § B.1.2 The Control Estimate shall include- Attached as Exhibit 1- Gould Construction, Inc. Guaranteed Maximum Price proposal dated 9/29/2023 in the amount of (Five million eight hundred ninety thousand six hundred sixty-six and 20/100 dollars. $5,890,666,20, :1 the documents enumerated in Article 1 of the Agreement, including all Modifications thereto; 2 a list of the assumptions made by the Contractor in the preparation of the Control Estimate, including assumptions under B.1.4, to supplement the information provided by the Owner and contained in the Contract Documents; ,3 a statement of the estimated Cost of the Work organized by trade categories or systems and the Contractor's Fee; .4 schedules, upon which the Control Estimate is based, indicating proposed Subcontractors, activity sequences and durations, milestone dates for' receipt and approval of pertinent information, schedule of shop drawings and samples, procurement and delivery of materials or equipment, and the Owner's occupancy requirements; and .5 contingencies for further development of design and construction as required by Section B.1.4. § 8.1,3 The Contractor shall meet with the Owner and Construction Manager to review the Control Estimate. In the event that the Owner or Construction Manager discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Contractor, who shall make appropriate adjustments to the Control Estimate. When the Control Estimate is acceptable to the Owner, the Owner shall acknowledge it in writing. The Owner's It I acceptance of the Control Estimate does not imply that the Control Estimate constitutes a Guaranteed Maximum Price. § B.1:4 To the extent that the Contract Documents are anticipated to require further development, the Contractor shall provide in the Control Estimate for 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 in a revised Control Estimate by mutual' agreement of the parties. § B.1,5 The Contractor shall develop and implement a detailed system of cost control that will provide the Owner and Construction. Manager with timely information as to the anticipated total Cost of the Work. The cost control system shall compare the Control Estimate with the actual cost for activities in progress and estimates for uncompleted tasks and proposed changes, I his, information shall be reported to the Owner in writing, through the Construction Manager, no later than the Contractor's first Application for Payment and shall be revised and submitted with each Application for Payment. § B.1.6 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed -upon assumptions contained in the Control Estimate, The Owner shall promptly furnish such revised Contract Documents to the Contractor. The Contractor shall notify the Owner, Engineer, and Construction Manager of any inconsistencies between the Control Estimate and the revised Contract Documents, ARTICLE B.2 COSTS TO BE REIMBURSED § B.2.1 Cost of the Work § B.2.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. The Cost of the Work shall include only the items set forth in this Article 13.2. § B.2.1.2 Where, pursuant to the Contract Documents, any cost is subject to the Owner's prior approval, the Contractor shall obtain such approval in writing prior to incurring the cost. § B.2.1.3 Costs shall be at rates not higher than the standard paid at the place of the Project, except with prior approval of the Owner. § 8.2.2 Labor Costs § 0.2.2.1 Wages or salaries of construction workers directly employed by the Contractor to perform the construction of the Work at the site or, with the Owner's prior approval, at off -site workshops. § B.2.2,2 Wages or salaries of the Contractor's supervisory and administrative personnel when stationed at the site and performing Work, with the Owner's prior approval. AIA Document A132 — 2019 Exhibit B (formerly A132Th' — 2009 Exhibit A), Copyright ©1975, 1980, 1992, 2009, and 2019, All rights reserved. "The American Init. Institute of Architects," "American Institute of Architects," "AIA,° the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects, 2 This document was produced at 10:24:22 ET on 09/29l2023 under Order No,2114456543 which expires on 09/10/2024, 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, a mail doci nfo@aiacontracts .corn User Notes: (1414547777) DocuSign Envelope ID: 17C5A9B6-38DA-497C-B5B6-A70953213AFF § B.2.2.2.1 Wages or salaries of the Contractor's supervisory and administrative personnel when performing Work and stationIF Ied at a location other than the site, but only for that portion of time required for the Work, and limited to the personnel and activities listed below. IF (Identify, the personnel, type of activio� and, if applicable, any agreed upon percentage of time to be demoted to the YYor'k.) , i Not applicable. IF IF § B.2.2.3 Wages or salaries of the Contractor's supervisory or administrative personnel engaged at factories or workshops, or while traveling, in expediting the production or transportation of materials or equipment required for the. Work, but.only for that. portion of their time required for the Work. § 13.2.2.4 Costs paid or incurred by the Contractor, as required by law or collective bargaining agreements, for taxes, IF IFinsurance, contributions, assessments, and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs ate based wages and salaries included in the Cost of the Work under Sections B.2.2.1 through IF IF B:2.2.3 IF § 132245 Tf agreed rates for labor costs, in lieu of actual costs, are provided in this Agreement, the rates shall remain IF unchanged throughout the duration of this Agreement, unless the parties execute a Modification. § B 2.3 Subcontract Costs Payments made by.the Contractor to Subcontractors in accordance with the requirements of the subcontracts and this Agreement. -. IF § B 2A Costs of Materials and ,Equipment Incorporated in the Completed Construction § 13.2.4.1 Costs, including transportation and storage at the site, of materials and equipment incorporated, or to be incorporated, in the completed construction. IF I I IF I IF_§ 132.4.2 Costs oIF fmaterials described in the preceding Section B.2.4.1 in excess of those actually installed to allow for reasonable waste ,and,. spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of44F. the Work orF., at the Owner's option, shall be sold by the Contractor. Any amounts realized from such sales shall be credited to the Owner :as a deduction from the Cost of the Work. IF § IF I I IF B.2.5 Costs of1. III qL4% IF. OtherIF F.IIII.. Materials and Equipment, Temporary Facilities and Related Items IF § ,$.2.5.1 Costs of transportation, storage, installation, dismantling, maintenance, and removal of materials, supplies, temporary facrhtres, machinery, equipment, and hand tools not customarily owned by construction workers that are IF provided by.the Contractor at the site and fully consumed in the performance of the Work. Costs of materials, supplies, tem ora facilities ,machine equipment, and tools that are not full consumed shall be based on the cost or value p rY rY�Y IF of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Contractor shall mean fair market value. § B.2.5.2 Rental charges fotI.temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers that are provided by the Contractor at the site and the costs of transportation, installation, I IF IF dismantling, nrnorrepairs, and removal of such temporary facilities, machinery, equipment, and hand tools. Rates and quantities of equipment owned by the Contractor, or a related party as defined in Section B.2.8, shall be subject to the Owner's prior approval. The total rental cost of any such equipment may not exceed the purchase price of any comparable item. F. I§ B.2.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. 16 IF § B 2.5.4 Costs of the Contractor's site office, including general office equipment and supplies. IF § 8.2.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior approval. Init. AIA Qocument A132 — 2019 Exhibit B (formerly A132T'" — 2009 ExhibiF A). 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 10;24:22 ET on 09/29/2023 under Order No.2114456543 which expires on 09/10/2024, is not for resale, is licensed for one-time 1 use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service, To report copyright violations, a mail docinfo@aiacontracts.com. (1414547777) User Notes: DocuSign Envelope ID: 17C5A9B6-38DA-497C-B5B6-A70953213AFF § 6.2.6 Miscellaneous Costs § 8.2,6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. § B.2.6.1.1 Costs for self-insurance, for either frill or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. § B.2.6.1.2 Costs for insurance through a captive insurer owned or controlled by the Contractor, with the Owner's prior approval, §ilar taxes, imposed by a governmental authority, that are related to the Work and for which B.2.6.2 Sales, use, or sim the Contractor is liable. § B.2.6.3 Fees and assessments for the building permit, and for other permits, licenses, and inspections, for which the Contractor is required by the Contract Documents to pay. § B.2.6.4 Fees of laboratories for tests required by the Contract Documents; except those related to defective or nonconforming Work for which reimbursement is excluded under Article 13 of AIA Document A232T"1-2019, or by other provisions of the Contract Documents, and which do not fall within the scope of Section B.2.7.3. § B.2.6.5 Royalties and license fees paid for the use of a particular design, process, or product, required by the Contract Documents. § B.2.6.5.1 The cost of defending suits or claims for infringement of patent rights arising from requirements of the Contract Documents, payments made in accordance with legal judgments against the Contractor resulting fi•om such suits or claims, and payments of settlements made with the Owner's consent, unless the Contractor had reason to believe that the required design, process, or product was an infringement of a copyright or a patent, and the Contractor failed to promptly furnish such information to the Engineer, as required by Article 3 of AIA Document A232T"L-2019. The costs of legal defenses, judgments, and settlements, shall not be included in the Cost of the Work used to calculate the Contractor's Fee or subject to the Guaranteed Maximum Price. § B.2.6.6 Costs for communications services, electronic equipment, and software, directly related to the Work and located at the site, with the Owner's prior approval. § B.2.6.7 Costs of document reproductions and delivery charges. § B.2.6.8 Deposits lost for causes other than the Contractor's negligence or failure to fulfill a specific responsibility in the Contract Documents. B.2.6.9 Legal, mediation, and arbitration costs, including attorneys' fees, other than those arising from disputes between the Owner and Contractor, reasonably incurred by the Contractor after the execution of this Agreement in the performance of the Work and with the Owner's prior approval, which shall not be unreasonably withheld. § B.2.6.10 Expenses incurred in accordance with the Contractor's standard written personnel policy for relocation and temporary living allowances of the Contractor's personnel required for the Work, with the Owner's prior approval. § B.2.6.11 That portion of the reasonable expenses of the Contractor's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 8.2,7 Other :Costs and Emergencies § 8.2.7.1 Other costs incurred in the performance of the Work, with the Owner's prior approval. § B.2.7.2 Costs incurred in taking action to prevent threatened damage, injury, or loss, in case of an emergency affecting the safety of persons and property as provided in article 10 of AIA Document A232-2019. § 8.2.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Contractor, Subcontractors, or suppliers, provided that such damaged or nonconforming Work was not caused by negligence of, or AIA Document A132 — 2019 Exhibit B (formerly A132T'•' — 2009 Exhibit A). Copyright ©1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American nit. (nstitute of Architects,° "American Institute of Arch itects,° "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 10:24:22 ET on 09/29/2023 under Order No,2114456543 which expires on 09/10/2024, is not for resale, is licensed for one -lime use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.com. User Notes: (1414547777) DocuSign Envelope ID: 17C5A9B6-38DA-497C-B5B6-A70953213AFF IF failure to fulfill a specific responsibility by, the Contractor, and only to the extent that the cost of repair or correction is not recovered by the Contractor from insurance, sureties, Subcontractors, suppliers, or others. § 8.2.8.Related Party Transactions § B.2.8. I For purposes of this Section B.2.8, the term "related party" shall mean (1) a parent, subsidiary, affiliate, or other entity having common ownership of, or sharing common management with, the Contractors (2) any entity in which any stockholder in, or management employee of, the Contractor holds an equity interest in excess of ten percent in the aggregate; (3) any entity which has the right to control the business or affairs of the Contractor; or (4) any person, or any member of the immediate family of any person, who has the right to control the business or affairs of the Contractor. § B.2.8.2 If any of the costs to be reimbursed arise from a transaction between the Contractor and a related party, the Contractor,sh ,11 notify the Owner and the Construction Manager of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consunlinated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction in writing, then the cost incurred shall be included as a cost to be reimbursed, and the Contractor shall procure the Work, equipment, goods, or service, from the related party, as a Subcontractor, according to the terms of Article B.5. If the O.wneir fails to authorize. the transaction in writing, the Contractor shall procure the Work, equipment, goods, or service from some_person or.0tity other than a related party according to the terms of Article B.5. ARTICLE B,3. CO11 STS NOT TO BE REIMBURSED § B 3.1 The Cost of theF F...Work shall not include the items listed below: .1 Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principal office or offices other than the site office, except as specifically provided in Section B.2.2.2; .2 Bonuses, profit sharing, incentive compensation, and any other discretionary payments, paid to anyone hired by the Contractor or paid to any Subcontractor or vendor, unless the Owner has provided prior approval;FF 3 Expenses of the Contractor's principal office and offices other than the site office, FF 4 Overhead and general expenses, except as may be expressly included in Article B.2; ;5 The.Contractor's capital expenses, including interest on the Contractor's capital employed for the Work, 6 Except as provided in. Section B.2.7.3 of this Agreement, costs due to the negligence of, or failure to fulfill a specific responsibility of the Contract by, the Contractor, Subcontractors, and suppliers, or an directly or, indirectly employed by any of them or for whose acts any of them may be liable; 7 Any cost. not specifically and expressly described in Article B.2; and FFF 8 Where a Guaranteed Maximum Price is part of the Agreement, costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded. IF I ARTICLE BA DISCOUNTS, REBATES AND REFUNDS § B.4.1 Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if (1) before making the payment, the Contractor. included the amount to be paid, less such discount, in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Contractor with which to make payments; othtorwise, cash discounts shall accrue to the Contractor. Trade discounts, rebates, refunds, and amounts FF received from sales of surplus materials, and equipment shall accrue to the Owner, and the Contractor shall make provisions so thafibey can be obtained. § B.4.2 Amounts that accrue to the Owner in accordance with Section B.4.1 shall be credited to the Owner as a deduction from the Cost of the Work. FF ARTICLE B.5 F SUBCONTRACTS AND OTHER AGREEMENTS B51 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be performed under subcontracts or other appropriate agreements with the Contractor. The Owner may designate specific persons from whom, oi• entities from which, the Contractor shall obtain bids. The Contractor shall obtain bids from Subcontractors, and fi•om suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents, The Contractor shall deliver such bids to the Construction Manager, Engineer, and Owner, with an indication as to which AIA Document A132 — 2019 Exhibit B (formerly A132TM— 2009 Exhibit A). Copyright ©1975, 1960, 19929 2009, and 2019. All rights reserved. "The American (nit. 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 1024:22 ET on 09/29/2023 under Order No.2114456543 which expires on 09/10/2024, is not for resale, is licensed for one-time / use only, and may only be used in accordance with the AIA Contract Documentsa Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.com. User (Votes: (1414547777) failure to fulfill a specific responsibility by, the Contractor, and only to the extent that the cost of repair or correction is not recovered by the Contractor from insurance, sureties, Subcontractors, suppliers, or others. § 8.2.8.Related Party Transactions § B.2.8. I For purposes of this Section B.2.8, the term "related party" shall mean (1) a parent, subsidiary, affiliate, or other entity having common ownership of, or sharing common management with, the Contractors (2) any entity in which any stockholder in, or management employee of, the Contractor holds an equity interest in excess of ten percent in the aggregate; (3) any entity which has the right to control the business or affairs of the Contractor; or (4) any person, or any member of the immediate family of any person, who has the right to control the business or affairs of the Contractor. § B.2.8.2 If any of the costs to be reimbursed arise from a transaction between the Contractor and a related party, the Contractor,sh ,11 notify the Owner and the Construction Manager of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consunlinated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction in writing, then the cost incurred shall be included as a cost to be reimbursed, and the Contractor shall procure the Work, equipment, goods, or service, from the related party, as a Subcontractor, according to the terms of Article B.5. If the O.wneir fails to authorize. the transaction in writing, the Contractor shall procure the Work, equipment, goods, or service from some_person or.0tity other than a related party according to the terms of Article B.5. ARTICLE B,3. CO11 STS NOT TO BE REIMBURSED § B 3.1 The Cost of theF F...Work shall not include the items listed below: .1 Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principal office or offices other than the site office, except as specifically provided in Section B.2.2.2; .2 Bonuses, profit sharing, incentive compensation, and any other discretionary payments, paid to anyone hired by the Contractor or paid to any Subcontractor or vendor, unless the Owner has provided prior approval;FF 3 Expenses of the Contractor's principal office and offices other than the site office, FF 4 Overhead and general expenses, except as may be expressly included in Article B.2; ;5 The.Contractor's capital expenses, including interest on the Contractor's capital employed for the Work, 6 Except as provided in. Section B.2.7.3 of this Agreement, costs due to the negligence of, or failure to fulfill a specific responsibility of the Contract by, the Contractor, Subcontractors, and suppliers, or an directly or, indirectly employed by any of them or for whose acts any of them may be liable; 7 Any cost. not specifically and expressly described in Article B.2; and FFF 8 Where a Guaranteed Maximum Price is part of the Agreement, costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded. IF I ARTICLE BA DISCOUNTS, REBATES AND REFUNDS § B.4.1 Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if (1) before making the payment, the Contractor. included the amount to be paid, less such discount, in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Contractor with which to make payments; othtorwise, cash discounts shall accrue to the Contractor. Trade discounts, rebates, refunds, and amounts FF received from sales of surplus materials, and equipment shall accrue to the Owner, and the Contractor shall make provisions so thafibey can be obtained. § B.4.2 Amounts that accrue to the Owner in accordance with Section B.4.1 shall be credited to the Owner as a deduction from the Cost of the Work. FF ARTICLE B.5 F SUBCONTRACTS AND OTHER AGREEMENTS B51 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be performed under subcontracts or other appropriate agreements with the Contractor. The Owner may designate specific persons from whom, oi• entities from which, the Contractor shall obtain bids. The Contractor shall obtain bids from Subcontractors, and fi•om suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents, The Contractor shall deliver such bids to the Construction Manager, Engineer, and Owner, with an indication as to which AIA Document A132 — 2019 Exhibit B (formerly A132TM— 2009 Exhibit A). Copyright ©1975, 1960, 19929 2009, and 2019. All rights reserved. "The American (nit. 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 1024:22 ET on 09/29/2023 under Order No.2114456543 which expires on 09/10/2024, is not for resale, is licensed for one-time / use only, and may only be used in accordance with the AIA Contract Documentsa Terms of Service. To report copyright violations, a -mail docinfo@aiacontracts.com. User (Votes: (1414547777) DocuSign Envelope ID: 17C5A9B6-38DA-497C-B5B6-A70953213AFF bids the Contractor intends to accept, The Owner then has the right to review the Contractor's list of proposed subcontractors and suppliers and, in consultation with the Construction Manager and Engineer, object to any subcontractor or supplier. Any advice of the Construction Manager or Engineer, or approval or objection by the Owner, shall not relieve the Contractor of its responsibility to perform the Work in accordance with the Contract Documents. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. § B.5.2 When a Contractor has provided a Guaranteed Maximum Price, and a specific subcontractor or supplier (1) is recommended to the Owner by the Contractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § B.5.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the Owner's prior written approval, If a subcontract is awarded on the basis of cost-plus a fee, the Contractor shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Contractor in Article B.6, below. § B.5.4 Where the Contract Sum is based upon the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, the Contractor shall prepare, for the Construction Manager and Engineer's review and the Owner's acceptance, a procurement schedule for items that must be ordered well in advance of construction. The Contractor shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of construction. If the Owner agrees to procure any items prior to the Owner's approval of the Control Estimate, the Owner shall procure the items on terms and conditions acceptable to the Contractor, Upon the Owner's approval of the Control Estimate, the Owner shall assign all contracts for these items to the Contractor and the Contractor shall thereafter accept responsibility for them, .ARTICLE B.6 ACCOUNTING RECORDS § B.6.1 The Contractor shall keep full and detailed records and accounts related to the Cost of the Work, and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner and the Construction Manager. The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Contractor's records and accounts, including complete documentation supporting accounting entries, books, job cost reports, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, Subcontractor's invoices, purchase orders, vouchers, memoranda, and other data relating to this Contract. The Contractor shall preserve these records, for a period of three years after final payment, or for such longer period as may be required by law. § B.6.2 When the Contractor believes that all the Work required by the Agreement has been fully performed, the Contractor shall deliver to the Owner, through the Construction Manager, a final accounting of the Cost of the Work. § 8.6.3 Within 30 days after the Owner's receipt of the Contractor's final accounting for the Cost of the Work, the Owner shall conduct an audit of the Cost of the Work or notify the Construction Manager and Engineer that it will not conduct an audit. § B.6.3.1 If the Owner conducts an audit of the Cost of the Work, the Owner shall, within 10 days after completion of _the audit, submit a written report based upon the auditor's findings to the Construction Manager and Engineer. § B.6.3.2 Within seven days after receipt of the written report described in Section B.6.3.1, or receipt of notice that the Owner will not conduct an audit, and provided that the other conditions of Section 5.2 of the Agreement have been met, the Engineer will either issue to the Owner, through the Construction Manager, a final Certificate for Payment, with a copy to the Contractor, or notify the Contractor, Construction Manager, and Owner, in writing, of the Engineer's reasons for withholding a certificate as provided in Article 9 of AIA Document A232-2019. The time AIA Document A132 — 2019 Exhibit B (formerly A132'1' — 2009 Exhibit A). Copyright ©1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Init. 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 10:24:22 ET on 09/29/2023 under Order No.2114456543 which expires on 09/10/2024, 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, a mail docinfo@aiacontracts.com. User Notes: (1414547777) DocuSign Envelope ID: 17C5A9B6-38DA-497C-B5B6-A70953213AFF periods stated in this Section B.6.3.2 supersede those stated in Article 9 of AIA Document A232-2019. Neither the Engineer, nor the Construction Manager, is responsible for verifying the accuracy of the Contractor's final accounting. § B.6.3,3 If the Owner's auditors' report concludes that the Cost of the Work, as substantiated by the Contractor's final accounting, is less than claimed by the Contractor, the Contractor shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document A232-2019. A request for mediation shall be made by the Contractor within 30 days after the Contractor's receipt of a copy of the final Certificate for Payment. Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Contractor. Pending a final resolution of the disputed amount, the Owner shall pay the Contractor the amount certified in the final Certificate for Payment. § B.6.4 If, subsequent to final payment, and at the Owner's request, the Contractor incurs costs, described in Article B.2, and not excluded by Article B.3, to correct defective or nonconforming Work, the Owner shall reimburse the Contractor for such costs and the Contractor's Fee applicable thereto, on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price, if any. If adjustments to the Contract Sum are provided for in Section 4.6 of the Agreement, the amount of those adjustments shall be recalculated, taking into account any reimbursements made pursuant to this Section B.6.4 in determining the net amount to be paid by the Owner to the Contractoi. is entered into as of the day and year first written Sara Ott City Manager, City of Aspen, Colorado (Printed name and title) CONTRACTOR (Signature) Mark Gould, Jr. President, CEO (Printed name and title) Init. AIA Document A132 — 2019 Exhibit B (formerly A132T'•' — 2009 Exhibit A). 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 10:24:22 ET on 09/29/2023 under Order No.2114456543 which expires on 09/10/2024, 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, a mail docinfo@aiacontracts.com. (1414547777) User Notes: 7 DocuSign Envelope ID: 17C5A9B6-38DA-497C-B5B6-A70953213AFF 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 10:24:22 ET on 09/29/2023M PAGE 1 City of Aspen- Maroon Creek Mult[-Use Trail Project #2022-234 'City of Aspen 417 Rio Grande Place Aspen, CO 81611 Gould Construction Inc. - P.O. Box] 30 Glenwood Springs, CO 81602 NSA Phil Vaughan Construction Management, Inc. 1038 County Road 323 Rifle, CO 81650 Otak 371 Centennial Parkway, Suite 210 Louisville CO 80027 PAGE 2 § B.1.2 The Control Estimate shall iw4u4eincludew Attached as Exhibit 1- Gould Construction Inc. Guaranteed Maximum Price proposal dated 9/29/2023 in the amount of (Five million eight hundred ninety thousand six hundred sixty-six and 20/100 dollars. $5,890,666.20, § B.1.6 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed -upon assumptions contained in the Control Estimate, The Owner shall promptly furnish such revised Contract Documents to the Contractor. The Contractor shall notify the Owner, 4t, Engineer, and Construction Manager of any inconsistencies between the Control Estimate and the revised Contract Documents. Additions and Deletions Report for AIA Document A132 — 2019 Exhibit 13 (formerly A132 T'J — 2009 Exhibit A). 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 10;24:22 ET on 09/29/2023 under Order No.2114456543 which expires on 09/10/2024, 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: (1414547777) DocuSign Envelope ID: 17C5A9B6-38DA-497C-B5B6-A70953213AFF PAGE 3 Not applicable. :.PAGE 4:: . § B.2,6,5.1 The cost of defending suits or claims for infringement of patent rights arising from requirements of the Contract Documents, payments made in accordance with legal judgments against the Contractor resulting from such suits or claims, and payments of settlements made with the Owner's consent, unless the Contractor had reason to believe that the required design, process, or product was an infringement of a copyright or a patent, and the Contractor failed to promptly fitrntsh such information to the ^ F n�+tER ineer, as required by Article 3 of AIA Document A232Tr�-2019. The costs of legal defenses, judgments, and settlements, shall not be included in the Cost of the Work .14 used to calculate the Contractor's Fee or subject to the Guaranteed Maximum Price. PAGE 5to § B.5.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own `personnel shall be performed under subcontracts or other appropriate agreements with the Contractor. The Owner may dFT+estgna.Q specific persons from whom, or entities from which, the Contractor shall obtain bids. The Contractor shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents, The Contractor shall deliver such bids to the Construction Manager, ^ r�En Ig Weer, and Owner, with an indication as ,. to which bids the Contractor intends to accept. The Owner then has the right to review the Contractor's list of proposed subcontractors and_suppliers and, in consultation with the Construction Manager and "~��Engineer, object to 44 any subcontractor or supplier Any advice of the Construction Manager or ^^t�En ing� eer, or approval or objection by the Ownet;'shall.not relieve the Contractor of its responsibility to perform the Work in accordance with the Contract Documents! The Contractor shall not be required to contract with anyone to whom the Contractor has reas62lable objection PAGE'6 § B 5 4 Where the Contract Sum is based upon the Cost of the Work Plus a Fee without -with a Guaranteed Maximum Price, the Contractor shall prepare, for the Construction Manager and A r^'*VEn ink, eer's review and the Owner's acceptance, a procurement schedule for items that must be ordered well in advance of construction. The Contractor shall expedite and coordtriate the ordering and delivery of materials that must be ordered well in advance of construction. If the Owner agrees to procure any items prior to the Owner's approval of the Control Estimate, the Owned shall procure the items on terms and conditions acceptable to the Contractor. Upon the Owner's approval of the Control Estimate, the Owner shall assign all contracts for these items to the Contractor and the Contractor shall IF F thereafter accept responsibility for them. § B.6.3 Within 30 days after the Owner's receipt of the Contractor's final accounting for the Cost of the Work, the Owner shall conduct an audit of the Cost of the Work or notify the Construction Manager and ^^ -rEn ig Weer that it will not conduct an audit. to § B.6.3.1 If the,Owner conducts an audit of the Cost of the Work, the Owner shall, within 10 days after completion of the audit, submit a written report based upon the auditor's findings to the Construction Manager and " r�Engirieei•. § B.6.3.2 Within seven days after receipt of the written report described in Section B.6.3.1, or receipt of notice that the Owner will not conduct an audit, and provided that the other conditions of Section 5.2 of the Agreement have been met, theAv n ig'neer will either issue to the Owner, through the Construction Manager, a final Certificate for Payment, with a.copy to the Contractor, or notify the Contractor, Construction Manager, and Owner, in writing, of the Engineer's reasons for withholding a certificate as provided in Article 9 of AIA Document A232-2019. The time periods stated in this Section B.6.3.2 supersede those stated in Article 9 of AIA Document A232-2019. Neither the Arehitee4,En in g eer, nor the Construction Manager, is responsible for verifying the accuracy of the Flo Contractor's final accounting. PAGE 7 Additions and Deletions Report for AIA Document A132 — 2019 Exhibit B (formerly A132T"' — 2009 Exhibit A). 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 draft was produced at 10;24:22 ET on 09/29/2023 under Order No.2114456543 which expires on 09/10/2024, 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, a -mail docinfo@aiacontracts.com. User Notes: (1414547777) DocuSign Envelope ID: 17C5A9B6-38DA-497C-B5B6-A70953213AFF Sara Ott City Manager, City oiAspen, Colorado (Printed name and title Mark Gould Jr Pt•esident CEO (Printed name and title, Additions and Deletions Report for AIA Document A132 — 2019 Exhibit B (formerfy A132T1a — 2009 Exhibit A). Copyright O 1975, 1980, 1992, 2009, and 2019>. Ail 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 draft was produced at 10:24:22 ET on 09/29/2023 under Order No.2114456543 which expires on 09/10/2024, 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, a -mail docinfo@aiacontracts.com. User Notes: (1414547777) 3 DocuSign Envelope ID: 17C5A9B6-38DA-497C-B5B6-A70953213AFF I i 'UULD CONSTRUCTION 1007o GMP Pricing for Maroon Creek Trail - City of Aspen 9/29,23 Bid Item Description QTY Units Labor Permanent Materials Construction Materials Equipment Subcontractors Direct Cost Total Removals and Resets 1 LS 54,389.00 34,425.00 2,271.00 36,076600 197,466.00 $ 324,627.00 Earthwork 1 LS 304,605.00 158,642400 9,932.00 308,089.00 $ 781,268.00 Erosion Control, Landscaping 1 LS 19,035.00 14,599.00 4,822.00 5/686600 108,891.00 $ 153,033.00 Surfacing (Asphalt, Concrete, Striping) 1 LS I 546,812.00 $ 546,812.00 Utilities 1 LS 31,932,00 73,075900 21,998000 16,082,00 $ 143,087.00 Electrical 1 LS 17,724.00 8,950.00 81405,00 196,173.00 $ 231,252.00 Structures, Walls, Railings, Signs 1 LS 1150586,00 279,291.00 56.00 103,252.00 881,359.00 $ 1,379,544.00 F/A Labor & Equipment 1 LS 23,973.00 21,570.00 $ 45,543.0D Mobilization, Surveying & Temp Fence 1 LS 159,798,00 1,755.00 2,959.00 71513,00 168,389900 $ 340,414.00 Traffic Control 1 LS 2,196.00 10,164.00 37,264.00 402.00 162,120.00 $ 212,146.00 Direct Cost Totals $ 729,238.00 $ 580,901.00 $ 57,304.00 $ 512,991.00 $ 2,277,292.00 $ 4,157,726.00 Bonding 0.00% Included $ - $ - $ - $ - $ - Subtotal $ 729,238.00 $ 580,901.00 $ 57,304.00 $ 512,991.00 $ 2,277,292.00 General Conditions Fee 10000 $ 72,923.80 $ 58,090.10 $ 51730A0 $ 51,299.10 $ 227,729.20 Subtotal w/ GC Fee $ 802,161.80 $ 638,991.10 $ 6%034.40 $ 564,290.10 $ 2,505,021.20 Construction Fee SUBTOTAL Contingency TOTAL 100% GMP 15% 12% $ $ 1200324.27 922,486.07 $ $ 95,848.67 734,839.77 $ $ 9,455.16 72,489.56 $ $ 84,643.52 648,933.62 $ 375,753.18 $2,880,774.38 $ 5,259,523.39 $ 631,142.81 $5,890,666920 DocuSign Envelope ID: 17C5A9B6-38DA-497C-B5B6-A70953213AFF ti � I d o N Y� Y� d�Y C~D N' � O N � O— N r 7 D 7 Q �I y O � a N C f� V Q � N N O� _ a N _ N q Y c D v V w � a Y C _ A a N v0 _ Y U U a �C I a di O 1 E E h c D D C C I ^ - E Y 7 li ♦ c _— v Q v OZ N N N N N d' Q Q d• v N fV N �t \\\\\\. d' d d N N '. 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