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HomeMy WebLinkAboutresolution.council.143-23RESOLUTION # 143 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND GOULD 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 construction for the Maroon Creek Multi Use Trail between the City of Aspen and Gould Construction, 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 for the Maroon Creek Multi Use Trail, between the City of Aspen and Gould Construction, Inc., a copy of which is annexed hereto and incorporated herein and does hereby authorize the City Manager to execute said contract 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 of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, October 30th , 2023. � �I�i[i� Nicole Henning, City Clerk DocuSign Envelope ID: CE93B5F0-A547-4242-BF2B-79ABF55609D2 A 0 ,.AIA DocumentA139 AA l 19 rCoo Hj Determination of the Cost of the Worrk for the following Project: (Nan7e, location, a71d b7•ief desc7•iption) City of Aspen- I�laroon Creels Multi -Use Trail Project #2022-234 THE OWNER: (Name, legal status, address, and other infor777ation) City of Aspen 417 Rio Grande Place Aspen, CO 81611 THE CONTRACTOR: (Name, legal status, address•, and other information) Gould Construction, Inc. P.O. Box 130 Glenwood Springs, CO 81602 THE CONSTRUCTION MANAGER: '; (Name, legal status, crddi�ess, and other i71fa•7uation) Phil Vaughan_ Construction Management, Inc. 1038 County Road 323 Rifle, CO 81650 - THE ENGINEER: (!Name, legal status, address, a71d other information) Otak 371 Centennial Parkway,_Suite_210 Louisville, CO 80027 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 14 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. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added 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 margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A232T'"-2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; B132TII2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition; and C132Trq'-2019, Standard Form of Agreement Between Owner and Construction Manager as Adviser. AIA Document A232T'I-2019 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A132 — 2019 Exhibit B (formerly A132r'' — 2009 Exhibit A). Copyright ©1975, 19II0, 1992, 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 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) 1 DocuSign Envelope ID: CE93B5F0-A547-4242-BF2B-79ABF55609D2 § 8.1.2 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, 11 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; IF .3 a statement of the estimated Cost of the Work organized by trade categories or systems and the IF F4 Contractor's Fee; .4 4 Ischedules, 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 shIF op 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 Be ]FAIR IF ',B 13 The Contractor shall meet with the Owner and Construction Manager to review the Control Estimate. In the vent that the Owner or Construction Manager discovers any inconsistencies or inaccuracies in the information IF e. presented, they shall promptly IF the Contractor, who shall make appropriate adjustments to the Control Estimate. When the'Conttol Estimate is 'acceptable to the Owner, the Owner shall acknowledge it in writing. The Owner's acreIF I IF trance of tl'e Control Est p imate does not imply that the Control Estimate constitutes a Guaranteed Maximum Price, 131.4 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 fiiether 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. § Bel F.5 The Contractor shall develop and implement a detailed system of cost control that will provide the Owner and Constructton 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 IF and proposed changes Ths,information shall be reported to the Owner in writing, through the Construction Manager, IF 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 O I IF § Ow IF shall,authorize preparation of revisions to the Contract Documents that incorporate the agreed -upon IF assumptions contained, in the IF, Estimate. The Owner shall promptly furnish such revised Contract Documents to the C ,. ontractor. The Contractor shall, notify the Owner, Engineer, and Construction Manager of any inconsistencies between the Control Estimate, and the revised ContractDocuments. ARTICLE B.2 COSTS TO BE REIMBURSED § B.2.1 Cost of the .Work :' :. § B.2.1.1 The term Cost of the IWork 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 B.2. IF I IF § B.2.1.2 Where, pursuant to the Contract Documents, any cost is subject to the Owner's prior approval, the Contractor IF 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 OIF 41 IFwner. . IF 4 B 2 2 Labor Costs B.2.2.1 Wages or salaries of construction workers directly employed by the Contractor to perform the construction IF of the Work at the site or, with the Owner's prior approval, at off -site workshops. § 8.2.2.2 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 A132T*+ - 2009 Exhibit A). Copyright 0 1975, 1980, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American institute of Architects," Is As 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 09129/2023 under Order No.211445t3543 which expires on 09/t0l2024, 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: CE93B5F0-A547-4242-BF2B-79ABF55609D2 § B.2.2.2.1 Wages or salaries of the Contractor's supervisory and administrative personnel when performing Work and stationed 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. (Identify., the personnel, type of activity and, if applicable, any agreed upon percentage of time to be devoted to the ivo "k.I IF Not applicable. 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 IF IF 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, insurance, :contributioIF ns, assessments, and benefits and, for personnel not covered by collective bargaining aIF greementI. s, customary.:benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based.on wages and salaries included in the Cost of the Work under Sections B.2.2.1 through `IB 2.2.3. IF! IF § 8,2.2.5 Tf agreedIF .rates for labor costs, in lieu of actual costs, are provided in this Agreement, the rates shall remain unchanged throughoutthe duration of this Agreement, unless the parties execute a Modification. IF § , B2.3 SubcIF!ontract Costs Payment`s made by the Contractor to Subcontractors in accordance with the requirements of the subcontracts and this IF, tpIF I. II IIIAgreement.IF III I IF.§ B.2.4 Costs of :Materials and :Equipment Incorporated in the Completed Construction § 8.2,41 Costs, including transportation and storage at the site, of materials and equipment incorporated, or to be F. `-incorporated, in the IF I completed construction. 14 IF §IF P B.2.4,2 Costs o f materials 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 F I .. ofI I, the. Work or, at the Owner's option, shall be sold by the Contractor. Any amounts realized from such sales shalle . credited to the Owner; as a deduction from the Cost of the Work. IF IF § B.2.5 Costs of Other. Materials and Equipment, Temporary Facilities and Related Items § 'B..2.5.1 Costs of transportation, storage, installation, dismantling, maintenance, and removal of materials, supplies, I IFIF IF IF temporary facilities; machinery, equipment, and hand tools not customarily owned by construction workers that are I IF provided by.the. Contractor at the site andfully consumed in the performance of the Work. Costs of materials, supplies, 'IltIF FF temporary facilities, machinery, equipment, and tools that are not fully consumed, shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site.�Gosts for items not folly consumed by the Contractor shall mean fair market value. § B.2.5.2 Rental charges fIF I of temporary facilities, machinery, equipment, and hand tools not customarily owned by I IF `construction ;workers that are provided by the Contractor at the site and the costs of transportation, installation, dismantling,II IF mind repairs, and removal of such temporary facilities, machinery, equipment, and hand tools. Rates and I IF I of eI IFquipment owned by the Contractor, or a related party as defined in Section B.2.8, shall be subject to the .IFOwner's prior approval. Tlie total rental cost of any such equipment may not exceed the purchase price of any IF comparable item. § B1. IF.2.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. IF IF I I IF. IF I I'§ B.2.5 4 Costs of the Contractor's site office, including general office equipment and supplies.IF I 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. (nit. AIA Document A132 — 2019 Exhibit 8 (formerly A132 TM — 2009 Exhibit A). Copyright ®1975, 1 g80, 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 09/40/2024, is not for resale, is licensed for one-time If use only, and may only be used in accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, a -mall docinfo@aiacontracts.com. User Notes: (1414547777) DocuSign Envelope ID: CE93B5F0-A547-4242-BF2B-79ABF55609D2 § B.2.6 Miscellaneous Casts § . B 2,6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly I ttributed to this Contract. IF I III § B.2.6.11 Costs for self insurance, for either full 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. § 4B.2.6.2 Sales, use, or similar taxes, imposed by a governmental authority, that are related to the Work and for which IF 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 §'; ,. g p P p y 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 A232TM� 2019, or by other :. provisions of the Contract Documents, and which do not fall within the scope of Section B.2.7.3. IF § 1316.5 license fees paid for the use of a particular design, process, or product, required by the Contract I IF Documents § B 2 6.51 The cost of de fending 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 ofclaims, and, paytnents of settlements made with the Owner's consent, unless the Contractor had reason to beJi6 6 that the required design, process, or product was an infringement of a copyright or a patent, and the Contractor failed to prIF'omptly furnish such information to the Engineer, as required by Article 3 of AIA Document A232TM 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. IF I§ B.2.6.7 Costs of document reproductions and delivery charges. § BDeposits lost for causes other than the Contractor's negligence or failure to fulfill a specific responsibility in the Cont act Documents. IF § 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 Giving 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. § B.2.7 Other ,:Costs and Emergencies § B 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. § B.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 snit. AIA Document A132 — 2019 Exhibit B (formerly A132Tm — 2009 Exhibit A). Copyright a 1975, 1950, 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. in 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@a iacontracts. com. User Notes: (1414547777) DocuSign Envelope ID: CE93B5F0-A547-4242-BF2B-79ABF55609D2 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. § B.2 8 Related Party Transactions § B.2 81 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 Contractor; (2) any entity in +i Ifwhich I.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. § .8.2.8.2 If any. of the costs to be reimbursed arise from a transaction between the Contractor and a related party, the 1. If Coritractorshall notfy ,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 consummated or:cost incurred. If the Owner, after such notification, authorizes the proposed transaction in writing then the cost inctured shall be included as a cost to be reimbursed, and the Contractor shall procure the Work, equipment, go1 t If If If ods, or service, from the related party, as a Subcontractor, according to the terms of Article B.5. If IIf the Owner fails to authorize. the transaction in writing, the Contractor shall procure the Work, equipment, goods, or 0. service from some person or entity other than a related party according to the terms of Article 13.5. ARTICLE B,3 ..COSTS NOT TO BE REIMBURSED § B.31 The Cost of the. Work shall not include the items listed below: _: ,1 Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principal office officeor.s `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 If If Iapproval;P. 3 Expenses of the Contractor's principal office and offices other than the site office; 4 . Overhead and general expenses, except as may be expressly included in Article B.2; :5 The CoIf A4Ak ntra4.ctor's capital expenses, including interest on the Contractor's capital employed for the WorF.If k, If . I If .6 Except as provided in Section B.2.7.3 of this Agreement, costs due to the negligence of, or failure to If +fulfill a specific respo1. nsibility of the Contract by, the Contractor, Subcontractors, and suppliers, or anyone directly or I.indirectly employed by any of them or for whose acts any of them may be liable, -.If .7. Any cost. not specifically and expressly described in Article B.2; and :$ 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 If I exceeded. If III, 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; otherwise, cash discounts shall accrue to the Contractor. Trade discounts, rebates, refunds, and amounts If received from sales of surplus materials, and equipment shall accrue to the Owner, and the Contractor shall make provisions so that they can be obtained. § I. B.4.2 Amounts that accrue to the Owner in accordance with Section 13.4.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE .:B.5.:: SUBCONTRACTS AND OTHER AGREEMENTS F. § 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, 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, Engineer, and Owner, with an indication as to which Init. AIA Document A132 - 2019 Exhibit B (formerly A132M — 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. 5 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: CE93B5F0-A547-4242-BF2B-79ABF55609D2 IF 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. IF § 8.5.4 Where the Contract Sum is based upon the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, the I F.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 F. Owner agrees to procure any items prior to the Owner's approval of the Control Estimate, the Owner shall procure the 4 IFitems 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 incurred. The as may be necessary fIF or proper financial management under this Contract and to substantiate all costs ch controls m 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 delivIF- er to the Owner, through the Construction Manager, a final accounting of the Cost of the Work. § 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 shalt conduct an audit of the Cost of the Work or notify the Construction Manager and Engineer that it will not conduct an audit.4 IF § 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 he 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 IF 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 Init. AIA Document A132 — 2019 Exhibit B (formerly A132'M — 2009 Exhibit A). Copyright ®1975, 19ti0, 1992, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of so N 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 09l29l2023 under Order No.2114456543 which expires on 09/10/2024, is not for resale, is licensed for one -lime I use only, and may only be used in accordance with the AIA Confraet Documentsm Terms of Service. To report copyright violations, e-mail docl nfo@aiacontracts, com. User Notes, (1414547777) 0 DocuSign Envelope ID: CE93B5F0-A547-4242-BF2B-79ABF55609D2 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 Worlc, 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. § 6.6.4 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 Contractorr 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 Contractor. This A obdial�at�red into as ofthe day and year first written above. ; OWNER (Signntiu•e) 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 A132TIA — 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 DocumentsTerms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1414547777) 7 DocuSign Envelope ID: CE93B5F0-A547-4242-BF2B-79ABF55609D2 Additions and Deletions Report for I A® Document A 1320 - 2019 Exhibit B 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 IF 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 09/29/2023, PAGE 1 Ci!y of Aspen- Maroon Creek Multi -Use Trail Proiect #2022-234 FF. IF IF III, IF Iq Ci , of Ash . . 417 Rio Grande Place MIFF I Aspen, CO 816I1 Gould Construction Inc IF IF I P.O. Box'130 Glenwood Sprin gs, CO 81602 F4 IF P+FF IF IF I IF Phil Vaughan Construction Management, Inc. 1038 Caurty Road 323 I IF IF Otak 371 Centennial Parkway, Suite 210 Louisville, CO 80027 PAGE 2 § B.1.2 The Control Estimate shall ineludeinclude- 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. assumptions contained in the Control >✓stimate. "1'he Uwner shalt promptly furnish such revised Contract llocurnents to the Contractor. 'The Contractor shall notify the Owner, "� '�t; Engineer, and Consh•uetion Manager of any inconsistencies between the Control Estimate and the revised Contract Documents. Additions and Deletions Report for AIA Document A132 — 2019 Exhibit B (formerly A132TM — 2009 Exhibit A), Copyright 01975, 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.211445ti643 which expires on 09/1012024, 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-mall docinfo@aiacontracts.com, User Notes: (1414547777) DocuSign Envelope ID: CE93B5F0-A547-4242-BF2B-79ABF55609D2 PAGE 3 Not applicable. IF P. AGE 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 IF believe believe that the required design, process, or product was an infringement of a copyright or a patent, and the Contractor IF IF;;` ;failed to promptly furnish.such information to the Ai:eh kwt, Engineer, as required by Article 3 of AIA Document A232Tm,,, 9.. 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. IF IF IF IF. PAGE 5 .IF I IF. IF IF IF § 8..51 Those potions of the Work that the Contractor does not customarily perform with the Contractor's own It personnel. shall be perf6rmcd.under subcontracts or other appropriate agreements with the Contractor, The Owner may I... designate specific persons from whom, or entities from which, the Contractor shall obtain bids. The Contractor shall obtainbids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who IF are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The IF IF Contractor shall IF FI.delWei.I ch bids to the Construction Manager, z4� eet En ing_ eer, and Owner, with an indication as IF Fto .which birds. the Contractor intenIF.ds to accept. The Owner then has the right to review the Contractor's list of proposed sIF ubcontractors `and..suppliers and, in consultation with the Construction Manager and fe En ins eer, object to any subcontractor or gt.ipplie11 r. `Any advice of the Construction Manager or "�� 'mot, ttttt EE ina eer, or approval or Fit I'. by the.Owner; shall riot 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 I IF reasonabFi le .objection,; _'IF IF IF IF I it it� IF I IF IF I I IF tt PAGE 6: ;;:.. ,.._ .. § .B.5 4 Where the. Contract Sum is based upon the Cost of the Work Plus a Fee eut-with a Guaranteed Maximum Price, the Contractor shall prepare, for the Construction Manager and "r^'�� sEngineer'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 IF 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 terIF I IF IF 4 ms. and conditions acceptable to the Contractor. Upon the Owner's approval of the Contr44 ol EstimaWe Ahe Owner sha11 assign all contracts for these items to the Contractor and the Contractor shall thereafter accept responsibility for them. A It IF § 8.6.3 I IF Within 30 days after the Owner's receipt of the Contractor's final accounting for the Cost of the Work, the III Owner, shall conduct an audit of the Cost of the Work or notify the Construction Manager and Ar�teet-En ineer that it will not conduct an.�udit. :. § 8.6.3.1 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 wri en report based upon the auditor's findings to the Construction Manager and ?shitest:Enneer. tt § B.6.3.2 Within seven days after receipt of the wri en 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 A4 #iteet-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 Fre$f a -Engineer's reasons for withholding a certificate as provided in Article 9 of AIA Document A232-2019. IF The time periods stated in this Section B.6.3.2 supersede those stated in Article 9 of AIA Document A232-2019. Neither the r4rshiWet; En ing eer, nor the Construction Manager, is responsible for verifying the accuracy of the Contractor's final accounting. PAGE 7 11111111111110 Additions and Deletions Report for AIA Document A132 -- 2019 Exhibit B (formerly A132TM — 2009 Exhibit A). Copyright ®1975, 1980, 19921 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 o9l10/2024, 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: I IF tt PAGE 6: ;;:.. ,.._ .. § .B.5 4 Where the. Contract Sum is based upon the Cost of the Work Plus a Fee eut-with a Guaranteed Maximum Price, the Contractor shall prepare, for the Construction Manager and "r^'�� sEngineer'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 IF 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 terIF I IF IF 4 ms. and conditions acceptable to the Contractor. Upon the Owner's approval of the Contr44 ol EstimaWe Ahe Owner sha11 assign all contracts for these items to the Contractor and the Contractor shall thereafter accept responsibility for them. A It IF § 8.6.3 I IF Within 30 days after the Owner's receipt of the Contractor's final accounting for the Cost of the Work, the III Owner, shall conduct an audit of the Cost of the Work or notify the Construction Manager and Ar�teet-En ineer that it will not conduct an.�udit. :. § 8.6.3.1 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 wri en report based upon the auditor's findings to the Construction Manager and ?shitest:Enneer. tt § B.6.3.2 Within seven days after receipt of the wri en 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 A4 #iteet-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 Fre$f a -Engineer's reasons for withholding a certificate as provided in Article 9 of AIA Document A232-2019. IF The time periods stated in this Section B.6.3.2 supersede those stated in Article 9 of AIA Document A232-2019. Neither the r4rshiWet; En ing eer, nor the Construction Manager, is responsible for verifying the accuracy of the Contractor's final accounting. PAGE 7 11111111111110 Additions and Deletions Report for AIA Document A132 -- 2019 Exhibit B (formerly A132TM — 2009 Exhibit A). Copyright ®1975, 1980, 19921 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 o9l10/2024, 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: DocuSign Envelope ID: CE93B5F0-A547-4242-BF2B-79ABF55609D2 A Oft a , A40114;4:1998 OWNER (Si miure) IF Sara Ott City Manager, City of Aspen, Colorado (Printed name and title) IF I IF IF IF IF IF I IF IF Mark Gould Jr President CFO (Printed name and title) Additions and Deletions Report for AIA Document A132 — 2019 Exhibit B (formerly A132*�+ — 2009 Exhibit A). Copyright ®1975, 19130, 1 f392, 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 09l29l2023 under Order No.2114456543 which expir®son 09/10l2024, 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: CE93B5F0-A547-4242-BF2B-79ABF55609D2 ' j 'UULD CONSTRUCTION 100% GMP Pricing for Maroon Creek Trait - City of Aspen 9/29.23 Bid Item Description QTY Units Labor Permanent Materials Construction Materials Equipment Subcontractors Direct Cost TotaI Removals and Resets 1 LS 54,389.00 34,425.00 2,271.00 36,076,00 197,466.00 $ 324,627400 Earthwork 1 LS 304,605.00 158,642.00 9,932.00 308,089.00 $ 781,268.00 Erosion Control, Landscaping 1 LS 19,035.00 14,599.00 4/822400 5,686.00 108,891000 $ 153,033.00 Surfacing (Asphalt, Concrete, Striping) 1 LS 546,812.00 $ 546,812.00 Utilities 1 LS 31,932.00 73,075.00 21,998.00 16,082.00 $ 143,087.00 Electrical 1 LS 17,724.00 8,950.00 8/405900 196,173.00 $ 231,252.00 Structures, Walls, Railings, Signs 1 LS 115,586.00 279,291.00 56.00 103,252900 881,359.00 $ 1,379,544.00 F/A Labor & Equipment Mobilization, Surveying & Temp Fence Traffic Control 1 1 1 LS LS LS 23,973.00 159,798.00 2,196.00 1,755.00 10,164.00 21959,00 37,264.00 21,570.00 70513.00 402.00 168,389.00 162,120.00 $ $ $ 45,543.00 340,414.00 212,146.00 Direct Cost Totals $ 729,238.00 $ 580,901.00 $ 57,304900 $ 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 10% $ 72,923.80 $ 58,090910 $ 5,730.40 $ 51,299.10 $ 227,729,20 Subtotal w/ GC Fee $ 802,161.80 $ 6380991.10 $ 63,034A0 $ 564,290A0 $ 2,505,021.20 Construction Fee SUBTOTAL Contingency TOTAL 100% GMP 15% 12% $ $ 120,324.27 922,486.07 $ $ 95,848967 734,839.77 $ $ 9/455916 72,489.56 $ $ 84,643952 646,933.62 $ 375,753918 $2,880,774.38 $ 51259,S23.39 $ 631,142,81 $5,890,666.20 DocuSign Envelope ID: CE93B5F0-A547-4242-BF2B-79ABF556O9D2 ,1 N O N Gl — (.n E `Dff a�v �N{ � it I N D N r I i a N Ql O a Q � 0 nj N� I 1 Ni U c R O EI Q O co MA ry � C N E v rn c O u u 2 n C w r a t � m N a E E 22 s E E n N c O L p C c L 6 iL N !r Q d' i IC' ! 1�t N N N N I N N V N N N N N d' ry � d N V � N \ V V' \ N N h In O) O rV h fV N N N j \ '', O) N l0 \ 00 j m 00 00 N \ \ .-t r-1 N ! N r-i rl \ \ \00 I r�4 LD i L\D n In � Ln L\D r � N N 0) I Q\) I \ \ '. N M L\O \ ' \ \ . L\D N f-i N In h \ \ . \ \ LI) If) \ n � lD l0 ' V h h 00 00 In In h h a1 J aJ 7 7 7 Q) ! Ol aJ a 7 a) Q O W 01 v I v N CO cO I F-- LL LL G I'a G F- LL LL LL LL �i > F— F- LL LL L if F- F- �N LO ll LL N;N N N N d' ct N a �:N N cY V-N NN �ct �7 IN V N c Z' N N N.�� � (NN ''� N Ln 'r h N r \ 00 \ ri LD LD O h 00 m � H H m `I\ N lD LD '-I \ N N V) fV hl N m In r--I e-1 m r-1 Y v E C \� Ql \ N 00 r-i \ \ \ \ N N V\ \ cr N m Ln In \ \ \ \ N \ r� h w In \ \ ! Ln In N \ LD LD LD \ Ln In n LD \ h In In �'� lD C C 'D V �} 'O 'D c C C LD C C C c 'O C mo c 'O 'O "O c > m o O Q) Ql QJ = m O O O 7 7 7 7 7 O O O O QJ O a/ _ O QJ Ql N QJ O 0 ,_ L ,_ L L L L ._ C �. 7 7 ''. 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Q1 F- .0 dJ rn o c v o E° °— o f w EV. a o,� u V c v n O 00 .I 'io �1j '1 n,m C L)0 m O U O m !n ` .0 W O O U > 7 f.1 O F- Q�l '�' L It) N man E:° `O F-_ ! 7 co O aJ ° LU In m 4� 7 V) Lw +% v0-. ! 4uh_ I vl u = K n. toy — C (+a0+ ` �-. ` ra �++ O C wZ O N I w. Ln z QJ QI i-+�+ l7 L Lp O E �Q t 'D % m in c >" Ln c n Ln c .c M C - n Ln a" 'O l7 : f0 I �o 'O ! f0 r Ln c 'O U I .i i a = U y o Q`J v E w v a n m u o x o w o n d o a w aJ Tn L° u o rQ I to nIV `D a l °� f- F- --i In v m (D u� U w U n_ V ¢ s ° v lJ 1 G C7 y( LL U (D LL ¢ n. LL. �, f- ut In j F" _ -I I E l j N o ! I y \ r; 1"�1 �-1 r + I !� rr It'�IIr;1�1i�'Mco � C v v LD h c0 O) T N fn r'n V Ln IO h m m C) N N N N N N N N N N M m M M m p a DocuSign Envelope ID: CE93B5F0-A547-4242-BF2B-79ABF55609D2 L lL O E Z i� �:.� �_� r-i �' �, 'j'� M I - -- U � �. `_ J �T d I d N fQ' N IN v 1 � � � v N d'•N �d N -\ d I N d V \ d d\ N dIN N�N �.N d N N'ry N N N. \ d \ i N \ N \ d � N N \ N I N �b N N (n \ �!' 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