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HomeMy WebLinkAboutresolution.council.184-23RESOLUTION #164 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND BARBIZON LIGHT OF THE ROCKIES 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 the installation of a new theatrical rigging system between the City of Aspen and Barbizon Light of the Rockies, Inc., a true and accurate copy of which is attached hereto as Exhibit "A"; and, WHEREAS, the City Council wishes for the City Manager to administratively approve any change orders within the approved contingency for this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that contract for the installation of a rigging system between the City of Aspen and Barbizon Light of the Rockies, 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; and Further, that the City Council of the City of Aspen hereby authorizes the City Manager to approve any change orders for this theatrical rigging system project that are within the approved contingency for this project. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 12day of December 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 December 12, 2023. Nicole Henning, City C DocuSign Envelope ID: 0E8F1 102-CBE4-47BM51 C-9108FC24EC79 \�/ 1. —XjpwAIA Document A101' 111111111111111120172023.279 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the fifth day of December in the year 2023. BETWEEN the Owner: City of Aspen Sara Ott, City Manager 427 Rio Grande Place Aspen, Colorado 81611 and the Contractor: Barbizon Light of the Rockies, Inc. 8269 E. 23rd Ave. Suite 111 Denver, CO 80238 Phone: 303-394-9875 for the following Project: (Name, location and detailed description) Wheeler Opera House Replacement of Theatrical Rigging System 320 E. Hyman Ave. Aspen CO 81611 The Architect i.e. Contractor's Design Team: (Name, legal status, address and other information) Barbizon Light of the Rockies, Inc. 8269 E. 23rd Ave. Suite 111 Denver, CO 80238 Phone: 303-394-9875 Contracted under Barbizon Light of the Rockies. Inc.: ME Engineers 14143 Denver West Pkwy, Suite 300 Golden, CO 80401Phone: 303421-6655 Martin/Martin Consulting Engineers 12499 West Colfax Ave. Lakewood, CO 80215 Phone: 303.431.6100 The Owner and Contractor agree as follows. 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. The parties should complete A101®-2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A2018-2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Init. AIA Document A101 — 2017. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The og American Institute of Architects. This document was produced at 18:36:10 ET on 11/29/2023 under Order No.4104244733 which expires on 08/21/2024, is not for pllt I 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: (1214477389) DocuSign Envelope ID: 0E8F1102-CBE4-47B2-851C-9108FC24EC79 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE. WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. §2.1 Barbizon shall provide preconstruction services to coordinate design, schedule, and logistics. §2.2 Barbizon shall provide Professional Design Services to detail and document the required changes to the building by Construction Trades §2.3 Barbizon shall remove existing rigging — to include pipe battens, wire rope, loft blocks, and chain hoists. § 2.4 Barbizon shall remove existing fire curtain. § 2.5 Barbizon shall provide and install a complete ETC Prodigy System including but not limited to: § 2.6 Barbizon shall provide and install 16) ETC Prodigy P90OG Exo Hoists and all associated hardware. § 2.7 Barbizon shall provide and install 7) ETC Prodigy P140OG Exo Hoists and all associated hardware. § 2.8 Barbizon shall provide 1) ETC Prodigy Preset Handheld controller. § 2.9 Barbizon shall provide and install 7) stage electrics with cable management system. § 2.10 Barbizon shall provide and install 8) custom light ladders with motorized nested telescoping truss booms. § 2.11 Barbizon shall provide and install a complete stage curtain & curtain track as reflected on drawings, including but not limited to: • Motorized Main Curtain track with local control, Main Valence, Borders, Sets Legs, Cyclorama, Upstage Travelers, Scrim § 2.12 Barbizon shall provide an annual inspection for two years from date of completion. § 2.13 Barbizon shall provide from the manufacture the Electronic Theater Controls Prodigy Exo Hoists and associated QuickTouch Control System 3-year warranty (with written certification of an annual factory -authorized technician inspection). § 2.1.4 Barbizon's design team shall provide a complete, stamped set of construction drawings for Permit. § 2.15 Barbizon's design team shall provide Construction Admin services during pre -construction constructability review and during construction. Including field visits and a final walk through if necessary. Init. AIA DocumentA101 —2017. Copyright0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The (^�g American Institute of Architects. This document was produced at 18:36:10 ET on 11/29/2023 under Order No.4104244733 which expires on 08/21/2024, is not for P � 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: (1214477389) 2 DocuSign Envelope ID: 0E8F1102-CBE4-47B2-851 C-9108FC24EC79 § 2.10 Barbizon's design team shall answer RFI's within 10 business days during pre -construction and within 5 business days during construction. § 2.17 Barbizon's design team shall review submittals within 10 business days. § 2.18 The following scope is excluded by Barbizon and must be performed by the Owner: • Provide waste removal and/or recycling services as required by local codes. • Demolition or removal of existing catwalk, set Forth Within Exhibit D • Provide and install new rigging grid in the area of existing catwalk, set Forth Within Exhibit D • Provide and install new I -beams to support Prodigy Exo Hoists, set Forth Within Exhibit D. • Modification to electrical service to support Prodigy Exo Hoists, set Forth Within Exhibit D. • Provide and install all wiring, conduit and other necessary equipment to provide power to Prodigy Exo Hoists, set Forth Within Exhibit D. • Provide and install all wiring, conduit and other necessary equipment to provide data to Prodigy Exo Hoists, set Forth Within Exhibit D. • Modify theatrical dimming circuits at over stage to support new Stage Electrics, set Forth Within Exhibit D. • Provide and install all wiring, conduit and other necessary equipment to provide data to new Stage Electrics, set Forth Within Exhibit D • Modify or adjust plumbing and sprinkler system to accommodate new rigging system if required • Provide local storage for Prodigy Exo Hoists and rigging hardware and material handling as required to move equipment to site. • Remove all existing fixtures, curtains and scenic elements from stage area. • Work space must be cleared and free of obstructions. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes.) (X ] The .date of this Agreement. [ ] A date set forth in a notice to proceed issued by the Owner. [ ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work) If a date of commencement of the Worlc is not selected, then the date of commencement shall be the date of this Agreement. § 3.2 The Contract Time shall be measured from the date of commencement of the Work. § 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information.) [ ] Not later than ( )calendar days from the date of commencement of the Work. [ ] By the following date: November 22, 2024 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Init. AIA DocumentA101 —2017. Copyright©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The P� American Institute of Architects. This document was produced at 18:36:10 ET on 11/29/2023 under Order No.4104244733 which expires on 08/21/2024, 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: (1214477389) 3 DocuSign Envelope ID: OE8F1102-CBE4-47B2-851C-9108FC24EC79 Portion of Work Substantial Completion Date § 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One million nine hundred ninety-five thousand five hundred dollars ($ 1,995,500.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum. Item Price § 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert beloly each alternate and the conditions that must be met for the Owner to accept the alternate.) Item § 4.3 Allowances, if any, included in the Contract Sum: (Identify each allowance.) Item Price Price Conditions for Acceptance § 4.4 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to tiyhich the zrnit price lyill be applicable.) Units and Limitations § 4.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) Price per Unit ($0.00) § 4.6 Other: (Insert pr°ovisions for' bonus or• othefincentives, if any, that might result in a change to the Contract Snm.) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Owner by the Contractor, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Init. AIA DocumentA101 —2017. Copyright01915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The �°g American Institute of Architects. This document was produced at 18:36:10 ET on 11/29/2023 under Order No.4104244733 which expires on 08/21/2024, is not for P t 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: (1214477389) DocuSign Envelope ID: 0E8F1102-CBE4-47132-851C-9108FC24EC79 § 5.1.3 Provided that an Application for Payment is received by the Ownernot later than the 25th day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 25th day of the following month. If an Application for Payment is received by the Owner after the application date fixed above, payment of the amount certified shall be made by the Owner not later than ( 45 ) days after the Owner receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Owner may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 In accordance with AIA Document A201T1`'�2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.6.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work, .2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and .3 That portion of Construction Change Directives that the Owner determines, in the Owners professional judgment, to be reasonably justified. § 5.1.6.2 The amount of each progress payment shall then be reduced by: 1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201-2017; and .5 Retainage withheld pursuant to Section 5.1.7. § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) 5% of price of work completed The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) Insurance, Bonding Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications.) Init. AIA DocumentA101 —2017. Copyright©1915, 19181 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 5 °` American Institute of Architects. This document was produced at 18:36:10 ET on 11/29/2023 under Order No.4104244733 which expires on 08/21l2024, is not for P! / 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: (1214477389) DocuSign Envelope ID: OE8F1102-CBE4-47B2-851C-91081FC24EC79 N/A Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other' conditions for release of retainage upon Substantial Completion.) N/A § 5.1.8 If final completion of the Worlc is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201-2017. § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Article 12 of AIA Document A201-2017, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Owner. The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the final Certificate for Payment, or as follows: § 5.3 Interest Payments due and. unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) N/A ARTICLE 6 DISPUTE RESOLUTION § 6.1 initial Decision Maker The Owner will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker. If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Nlaker, if other than the (Paragraphs deleted) Owner.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201-2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 [ X ] Litigation in a court of competent jurisdiction [ ] Other (Specify) (nit. AIA DocumentA101 —2017. CopyrightOO 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The (-05 American Institute of Architects. This document was produced at 18:36:10 ET on 11/29/2023 under Order No.4104244733 which expires on 08/21/2024, is not for P / 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: (1214477389) DocuSign Envelope ID: 0E8F1102-CBE4-47B2-851C-9108FC24EC79 If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2017. § 7.1.1 If the Contract is terminated for the Owner's convenience in accordance with Article 14 of AIA Document A201-2017, then the Owner shall pay the Contractor a termination fee as follows: (Insert the amount of, or method for determining, the fee, if any, payable to the Contractor following a termination for the Owner's convenience.) N/A § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 The Owner's representative: (Name, address, email address, and other information) The City of Aspen — Wheeler Opera House Michael Baca 320 E Hyman Ave. Aspen, CO 81611 970-920-5785 michael.baca@aspen.gov § 8.3 The Contractor's representative: (Name, address, email address, and other information)BaT•bizon Light of the Rockies, Inc. Peter Maurelli 8269 E 23rd Ave Ste I I I Denver, CO 80238 (720) 798-2877 pmaurelli@barbizon.com § 8.4 Neither the Owner's no the Contractor's representative shall be changed without ten days' prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A10IT14-2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. § 8.5.2 The Contractor shall provide bonds as set forth in AIA Document AlO1T"'-2017 Exhibit A, and elsewhere in the Contract Documents. N/A Init. AIA DocumentA101 —2017. Copyright©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The 7 ---°s American Institute of Architects. This document was produced at 18:36:10 ET on 11/29/2023 under Order No.4104244733 which expires on 08/21/2024, 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: (1214477389) DocuSign Envelope ID: 0E8F1102-CBE447B2-851C-9108FC24EC79 (Pai a,, aphs deleted) § 8.7 Other provisions. N/A ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: .1 AIA Document A1.01Tm--2017, Standard Form of Agreement Between Owner and Contractor .2 AIA Document A101Tm--2017, Exhibit A, Insurance and Bonds .3 AIA Document A201Tm-2017, General Conditions of the Contract for Construction .4 Exhibit B, Council Resolution #139 for Project 2022-279 Barbizon Phase I & II .5 Exhibit C, Barbizon Proposal Dated June 29, 2023 .6 Exhibit D, Barbizon, ME Engineers, Martin/Martin Drawing Package .5 Drawings Number Title Date Set Forth Within Exhibit D .6 Specifications Section Title Date Pages Set Forth Within Exhibit D .7 Addenda, if any: Number Date Pages N/A Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .8 Other Exhibits: (Check all boxes that apply and include appropt•iate irrfo�•rrration identifying the exhibit ><vhere required) [ N/A [ NIA ]The Sustainability Plan: Title Date Pages [ ] Supplementary and other Conditions of the Contract: Init. AIA DocumentA101 —2017. Copyright©1915, 1918, 1925, 19371 19511 1958, 19611 19631 19671 19741 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The °s American Institute of Architects. This document was produced at 18:36:10 ET on 11l29/2023 under Order No.4104244733 which expires on 08/21/2024, is not for P / 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: (1214477389) DocuSign Envelope ID: OE8F1102-CBE447B2-851C-9108FC24EC79 Document Title Date Pages .9 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AM DocumentA201 T"--2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) This Agreement entered into as of the day and year first written above. DocuStgned by: OWNER (Signature) ... "Wen.,__ I ,__... Sara G. Ott City of Aspen, CityManager (Printed name and title) DocuSigned by: Barbizon Light of the Rockies, Inc (Printed name and title) 12/1/2023 � 4:24:28 PM MS' Init. AIA Document A101 — 2017. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The os American Institute of Architects. This document was produced at 18:36:10 ET on 11/29/2023 under Order No.4104244733 which expires on 08/21/2024, is not for Pit t 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: (1214477389) DocuSign Envelope ID: OE8F1102-CBE4-47BM51C-9108FC24EC79 Additions and Deletions Report for AIA® Document A 1010 - 2017 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 18:36:10 ET on 11/29/2023. PAGE 1 AGREEMENT made as of the fifth day of December in the year 2023. City of Aspen Sara Ott, City Manager 427 Rio Grande Place Aspen, Colorado 8161.1 Barbizon Light of the Rockies, Inc, 8269 E. 23rd Ave. Suite 111 Denver, CO 80238 Phone$ 303-394-9875 Wheeler Opera House Replaces 320 E. Hyman Ave. Aspen CO 81611 The Arsl�itec�Architect i.e. Contractor's Design Team: (Nance, legal statzrs, address cad other ir�formatiorr) Barbizon Light of the Rockies, Inc. 8269 E. 23rd Ave. Suite 111 Denver, CO 80238 Phone: 303-394-9875 Contracted under Barbizon Light of the Rockies. Inc.: ME En sneers 14143 Denver West Pkwy, Suite 300 Golden CO 80401Phone: 303421-6655 Martin/Martin Consulting Engineers 12499 West Colfax Ave. Ri��in� Svstem Additions and Deletions Report for AIA DocumentA101 —2017. Copyright©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. 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 18:36:10 ET on 11/29/2023 under Order No.4104244733 which expires on 08/21/2024, 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: (1214477389) DocuSign Envelope ID: OE8F1102-CBE447132-851 C-9108FC24EC79 Lakewood CO 80215 Phone: 303.431.6100 PAGE 2 §2.1 Barbizon shall provide preconstruction services to coordinate design, schedule, and logistics._ §2 2 Barbizon shall provide Professional Design Services to detail and document the required changes to the building by Construction Trades 2.3 Barbizon shall remove existing rigging — to include pipe battens, wire rope, loft blocks, and chain hoists. 2.4 Barbizon shall remove existing fire curtain. § 2.5 Barbizon shall provide and install a complete ETC Prodigy System including but not limited to: § 2.6 Barbizon shall provide and install 16) ETC Prodigy P90OG Exo Hoists and all associated hardware. § 2.7 Barbizon shall provide and install 7) ETC Prodigy P140OG Exo Hoists and all associated hardware. § 2.8 Barbizon shall provide 1) ETC Prodigy Preset Handheld controller. 2.9 Barbizon shall provide and install 7) stage electrics with cable management system. § 2.10 Barbizon shall provide and install 8) custom light ladders with motorized nested telescoping truss booms. 2.11 Barbizon shall provide and install a complete stage curtain & curtain track as reflected on drawings, including but not limited to. • Motorized Main Curtain track with local control Main Valence, Borders, Sets Legs, Cyclorama, Upstage Travelers, Scrim § 2.12 Barbizon shall provide an annual inspection for two years from date of completion. $ 2.13 Barbizon shall provide from the manufacture the Electronic Theater Controls Prodigy Exo Hoists and associated QuickTouch Control System 3-year warranty (with written certification of an annual factoiy-authorized technician inspection). $ 2.14 Barbizon's design team shall provide a complete, stamped set of construction drawings for Permit. 2.15 Barbizon's design team shall provide Construction Admin services during pre -construction constructability review and during construction. Including field visits and a final walk through if necessary. § 2.16 Barbizon's design team shall answer RFI's within 10 business days during pre -construction and within 5 business days during construction, 2.17 Barbizon's design team shall review submittals within 10 business days. 2.18 The following scope is excluded by Barbizon and must be performed by the Owner: • Provide waste removal and/or recycling services as required by local codes. • Demolition or removal of existing catwalk, set Forth Within Exhibit D • Provide and install new rigging grid in the area of existing catwalk, set Forth Within Exhibit D • Provide and install new I -beams to support Prodigy Exo Hoists, set Forth Within Exhibit D. • Modification to electrical service to support Prodigy Exo Hoists, set Forth Within Exhibit D. • Provide and install all wiring conduit and other necessary equipment to provide power to Prodigy Exo Hoists set Forth Within Exhibit D. • Provide and install all wiring, conduit and other necessary equipment to provide data to Prodigy Exo Hoists set Forth Within Exhibit D. • Modify theatrical dimming circuits at over stage to support new Stage Electrics, set Forth Within Exhibit • Provide and install all wiring, conduit and other necessary equipment to provide data to new Stage Electrics set Forth Within Exhibit D • Modify or adjust plumbing and sprinkler system to accommodate new rigging _system if required • Provide local storage for Prodigy Exo Hoists and rigging hardware and material handling as required to move equipment to site. • Remove all existing fixtures, curtains and scenic elements from stage _ area. • Work space must be cleared and free of obstructions. PAGE 3 [ X ] The date of this Agreement. Additions and Deletions Report forAlA DocumentA101 —2017. Copyright©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017>. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA logo, and "AIA Contract Documents" 2 are trademarks of The American Institute of Architects. This draft was produced at 18:36:10 ET on 11/29/2023 under Order No.4104244733 which expires on 08/21/2024, 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: (1214477389) DocuSign Envelope ID: OE8F1102-CBE4-47B2-851C-9108FC24EC79 [ ] By the following date: November 22, 2024 PAGE 4 § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One million nine hundred ninety-five thousand five hundred dollars ($ 1,995,500.00 ), subject to additions and deductions as provided in the Contract Documents. �a anent issued by the ^ ..ehit eta Owner by the Contractor, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. PAGE 5 § 5.1.3 Provided that an Application for Payment is received by the ° -^'��+�^* „^+ Ownernot later than the 25th day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 25th day of the following month. If an Application for Payment is received by the Afeh4eet-Owner after the application date fixed above, payment of the amount certified shall be made by the Owner not later than ( 45 days after the Ar-Ekfitest Owner receives the Application for Payment. § 5.1.4 Each Application. for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Afv;iteetOwner may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. .3 That portion of Construction Change Directives that the A+e44eerOwner determines, in the ^ r Owners professional judgment, to be reasonably justified. 5% of price of work completed an Insurance, Bonding PAGE 6 N/A N/A .2 a final Certificate for Payment has been issued by the ^ r�-,��Owner. Owner's final. payment to the Contractor shall be made no later than 30 days after the issuance of the ^ -�-�h���-final Certificate for Payment, or as follows: Additions and Deletions Report for AIA Document A101 — 2017. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017>. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" 3 are trademarks of The American Institute of Architects. This draft was produced at 18:36:10 ET on 11/29/2023 under Order No.4104244733 which expires on 08/21/2024I 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@a iacon tracts, corn User Notes: (1214477389) DocuSign Envelope ID: OE8F1102-CBE4-47B2-851 C-9108FC24EC79 N/A 70 The ^^ ru cc VV ner will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Atlehiteeil Olvner. [ X ] Litigation in a court of competent jurisdiction PAGE 7 N/A The Citv of As>7en —Wheeler Oaera House Michael Baca 320E Hyman Ave. Aspen, CO 81611 970-920-5785 michael.baca cr,aspen. oovv (Name, address, email address, and other •-rna}information)Barbizon Light of the Rockies, Inc. Peter Maurelli 8269 E 23rd Ave Ste I I I Denver, CO 80238 (720) 798-2877 N/A oil 114 -: a 4.:I'll't MUM N/A Additions and Deletions Report forAlA DocumentA101 —2017. Copyright©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017>. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" 4 are trademarks of The American Institute of Architects. This draft was produced at 18:36:10 ET on 11/29/2023 under Order No.4104244733 which expires on 08/21/2024, 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: (1214477389) DocuSign Envelope ID: OE8F1102-CBE4-47B2-851C-9108FC24EC79 .4 "me�e�v:Exhibit B, Council Resolution #139 for Project 2022-279 oatrbizon Phase I & II .5 Exhibit C, Barbizon Proposal Dated June 29, 2023 .6 Exhibit D, Barbizon, ME Engineers, Martin/Martin Drawing Package Set Forth Within Exhibit D Set Forth Within Exhibit D N/A [ Nib The Sustainability Plan: Sara G. Ott City of Aspen, CityMana�er Barbizon Light of the Rockies, Inc Additions and Deletions Report forAlA DocumentA101 — 2017. CopyrightO 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017>. 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 18:36:10 ET on 11/29/2023 under Order No.4104244733 which expires on 08/21/2024, 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. NIA L User Notes: (1214477389) DocuSign Envelope ID: 0E8F1102-CBE4-47B2-851 C-9108FC24EC79 Certification of Document's Authenticity AIA® Document D401 TM .2003 I, ,hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 18:36:10 ET on 11/29/2023 under Order No. 4104244733 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document AI O1TM — 2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, other than those additions and deletions shown in the associated Additions and Deletions Report. —DocuStgnec! by; (Signed) City Manager (Title) 12/13/2023 ( 6:30:27 PM PST (Dated) AIA Document D401 — 2003. Copyright©1992 and 2003. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 18:36:10 ET on 11/29/2023 under � Order No.4104244733 which expires on 08/21/2024, 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: (1214477389)