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HomeMy WebLinkAboutresolution.council.150-25RESOLUTION NO. 150 SERIES OF 2025 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES FOR CONSTRUCTION AT ARMORY HALL, 130 S. GALENA STREET, BETWEEN THE CITY OF ASPEN AND CONCEPT ONE GROUP, AND 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 an agreement for construction management services for the Armory Hall Project between the City of Aspen the "Owner") and Concept One Group (the "Construction Manager"), a true and accurate copy of which is attached hereto as "Exhibit A", and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS. That the City Council of the City of Aspen hereby approves the agreement for construction management services between Owner and Construction Manager, 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. RESOLVED, APPROVED, AND ADOPTED FINALLY by the City Council of the City of Aspen on the 11 to day of November 2025. — Richards, 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, November 11, 2025. f Nicole 4 ing, City Clerk Docusign Envelope ID: 57C484D1-OC64-4427-B9FB-6E3AFEC6F48F ,r �dt:=- d:9a<.. E.I AIA Standard Form of Agreement Between Owner and Owner's Representative AGREEMENT made as of the Twenty-fotu-th day of October in the year Two Thousand Twenty -Five In ivordv, indicate day, month, and year.) BETWEEN the Owner: (Name, legal status, addf•ess, and other information) City of Aspen 427 Rio Grande PI Aspen, CO 81611 and the Owner's Representative: (Name, legal status, address, and other information) Concept One Group Inc. 183 North 12th St Carbondale, CO 81623 970456-6470 for the following Project: (1Vante, location, and detailed description) Armory Hall Adaptive Reuse and Conner Park Improvements 130 S. Galena Street Aspen, CO 81611 The Owner and the Owner's Representative agree as follows. ADDITIONS AND DELETIONS: The author of this document may have revised the text of the original AIA standard form. An Additions and Deletions Report that notes 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 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. AIA Document C104 — 2024. Copyright ©2024. 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 14:43:16 MDT on 10/31/2025 under Subscription No.20250156399 which expires on 08/21/2026, 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@alacontracts.com. User Notes: (68fbf653e72a53514db0664e) 'rl Docusign Envelope lD: 57C484DI-OC641i427-B9FB-6E3AFEC6F48F TABLE OF ARTICLES I INITIAL INFORMATION 2 OWNER'S REPRESENTATIVE'S RESPONSIBILITIES 3 SCOPE OF OWNER'S REPRESENTATIVE'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 CLAIMS AND DISPUTES 7 TERMINATION OR SUSPENSION MISCELLANEOUS PROVISIONS 9 COMPENSATION 10 SPECIAL TERMS AND CONDITIONS 11 SCOPE OF THIS AGREEMENT .ARTICLE 1 INITIAL INFOR § 1R1 This Agreement is base (For each item in this sections of execution.') Adaptive reus CATION 1 on the Inal Information set forth in this Section I.I. ansert the information or a statement such as "not applicable" or "unknownat time i requirements for the Project, if any; requirements, ident documentation that establishes the owner's program, or state I to include community gathering spaces, a food hall with five kitchens, a potential �t and a visitor center. Bonner Memorial Park improvements include a gathering multi -modal parking and landscape plantings, tion about the Pro�ect's physical characteristics, such as size, location, etc.) located at 130 S. Galena Street anal is a local and national historically Park is a packet park adjacent to Armory Hall. nd deadlines related to funding for the Project.) Not applicable at the time of contract executian, is budget for the Project:: zer's total budget for the Project and, tf knownt, a line -item breakdown including fire C?wner's services, architectural and other consultant services, construuction, fanancng, other costs, and Not applicable at the time of contract executian. *or Notes. • ••!.. Docusign Envelope ID: 57C484D1-OC644427.B9FB-6E3AFEC6F48F Project: (Identify method such as competitive bid, negotiated contract, multiple prime contracts, or construction management.) Shaw Construction is currently engaged under a Preconstruction Services Agreement with the City of Aspen. Upon completion and acceptance of the Guaranteed Maximum Price (GMP), it is the City's intent to enter into a Construction Contract with Shaw Construction based on the negotiated GMP. § 1.1.6 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates: Not applicable at the time of contract execution, .2 Construction commencement date: June/July 2026 .3 Substantial Completion date or dates: Closeout anticipated 25 months after start. .4 Other milestone dates: Sustainable Objective for the Project: 's Sustainable Objective for the Project, if any.) 1.1.7.E If the Owner identifies a Sustainable Objective, the Owner shall collaborate with its consultants to mplete a sustainable projects exhibit and provide a copy to the Owner's Representative. The Owner shall retain the following consultants and contractors: "known, list discipline, name, contact information, and other pertinent information.) 76U Horizon Grand Junco Basalt, CO 81 G21 Representative shall retain. the fallowing consultants and contractors: 'ine, name, contact information, and other pertinent information.) § 1.1.10 Other Initial Information on which this Agreement is based: Services expected include items identified, but not necessarily limited to, the following: A1A Document C104 — 2024. Copyright ®2024. All rights reserved. "The American institute of Architects," American institute of Architects," "AIA,"the AiA Logo, and "A!A Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 14:43:16 MDT on 10/3112025 under 3 Sutxscription No.20250156399 which expires on 08/2112026, is not for resale, is licensed for one time use only, and may only be used in acxordance with the AtA Contract Documents Tem3s of Service. To report copyright violations, a -mail docinfo�aiacontracts.com. User Notes: (68M65302a53514db0664e) Preconstructiion services • Team Meetings. Familiarize oneself with current plans and progress of the project, attend regular bi-weekly project meetings. Potentially organize future regular or as needed meetings based on need. Any meetings organized by CMa requires CMa to document meeting notes in detail, distribute notes/tasks lists and save fibs in a project folder for future turnover to the City upon completion. Meet with City Historic Preservation staff and monitor as needed and required by the land use approval documents. • Compliance Review. %lei to verify that Cityreferral department t b ' t with the progression of Construction Document (CD) set. Verify that referral agency comments are incorporated int the CD set, as well as any available entitlements requirements such as the land use approval ordinance. Document any possible compliance concerns, work with team to remediate as needed to maintain compliance. Review the requirements to consult with Historic Preservation staff and monitor set forth in the land use approval documents, representations made concerning historic preservation before City Council, and ensure these requirements' are met and that HP staff and monitor are consulted when required. opportuniti architect's been overly • Budget Re' pack.. �.. prec( • A( schet Iden1 Worl relic * Buih the l whiic subrr� . in of vies s and wa eonsibi eked in tl few. The sp �w. The CMa should perform an additional review of the project designs to this point r of building feasibility and efficiency. Document any possible concerns or k with the team as needed to remediate or improve. Although code compliance is the i cy, seek to ensure that no code requirements or historic preservation requirements have e plans and seek to remediate if necessary. timator has created a construction budget based on the 100% Schematic Design refining the budget based upon the 100% Design Development package. Aid on and estimating effort with estimator and design team. .efinement. Work with the architect and estimator to develop owner's detailed project troject schedule and consider the local process, resources and building environment, inconsistencies, concerns, or otherwise unrealistic assumptions in the project schedule. icluding the architect and estimator, as needed to refine the project schedule to be as the current stage of development. ! i i • ! - " •lirmIllwal-INN iiiiadima 1 " • • • r4op • ' i + � i • • i i i i i • • i - 4 V a if needed, Drive completion of the permit izing any agency review meetings 1 i i i • building ! procured • •feasibly � Construction tVianagement �ervlces +� GC contract Administratson. Act as the 9wner's agent for administration of the GC contract. {overall facilitation, coordination, organization and direction of the team including document control and management. Communicate, track and organize all elements of a typical AIA GC engagement including, but not necessarily limited to, progress tracking, schedule management, payment applications, submittals, RFls, PCOs/COs/CCDs and so on, Facilitate problem solving and associated documentation among the project team to remediate open issues or challenges related to scope, constructability, design, etc, Understand the owner's 'rights and contingencies in the contract, recommend actions or alternatives as needed, and execute such actions when directed. FROM 1111 MINOR I Pill ;life visits for on -site construction observation and troubleshooting. Anticipate the number will then ramp down throughout the construction timeline dependent on the phase of construction. iement. Communication and/or documentation with other agencies and partner entities as AiA Qocument C1 04 — 2024. Copyright 02024. 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 14:43:16 MDT an 1013112025 under Subscription tdo.2t)25o156399 which expires on t)8l21/2026, is not for resale, is licensed for one-time use only, and may only be used in accx�nianc� with the AIA Contract CTocumentse Terms of Service. To report copyright violations, a -mail docinfo�afacxsntracts.com. tiler Notes* (68fbf653e72a53514dbG664e) Docusign Envelope ID_ 57C484D1-OC64-4427-B9FB.6E3AFEC6F48F project moving. Other examples of anticipated communications include communicating with local agencies to clarify or verify expectations or existing conditions that influence the project. It may also entail communication with neighboring residents, HOAs or property managers to discuss construction impact remediation. Communicate with Historic Preservation staff and monitor when required by the land use approval documents or but permit requirements. Other such activities are anticipated, and it is expected that there will be some regularity with this type of engagement. * MonthlyPayApplication and Progress Summary Report. Prepare monthly package with pay application and progress summary report, including: cover letter summary with recommended actions, acceptable forms included such as AIA, invoices, conditional and unconditional lien waivers, GC pay application including schedule of values and completion to date, and progress summary narrative with observation and photos. * Schedule Maintenance. Maintain updated GC schedule and Owner's budget versus baseline, keep on top of GC change order log, submittal log, rfi log, and help with solutions to issues where needed. • Occupancy and Closeout. Oversight and facilitation of GC completion and application for certificates of occupancy. Coordinate punch list process for building interiors, exteriors, site work, landscape, and irrigation system including irrigation water source and testing. Coordinate final inspections and any required paperwork. + As -Built Documentation. Manage the production of and organize all as built documentation necessary for submittal to regulatory agencies sufficient to facilitate receipt of certificates of occupancy. Additionally organize as -wilt documents for owner's records. Warranty Management Services Warranty Coordination. Warranty timeline is two years. Receive and track the aging and remediation of items for Armory Hall's interiors, exteriors, site and landscape. Work with GC as needed to coordinate replacement or repairs. Coordinate with operator where necessary and accompany GC as needed for completion. Hours are expected to diminish toward zero over the course of the two-year warranty process. Manage Post 'Construction Issues. Follow up and guide remediation of any ongoing design or construction` issues remaining including organizing any agency review meetings if needed.` Drive completion and ensure` that Owner's responsibilities are fulfilled. Hours are expected to diminish toward zero over the course of the two year warranty process. * Additional Services, Identify additional services necessary for fulfillment of General Contractor's obligations. Concept One Group response to City of Aspen Project 2025 - 309 Request for Proposals, dated September 22 2025 § 1.2 The Owner and the Owner's Representative may rely on the Initial Information. Both parties, however, recognize that the initial Information -may materially change and, in that event, the Owner Arid the Owner's Representative shall apprppriately adjust the Owner's Representative's services, schedule, and compensation. The Owner shall adjust the Owner's budget and anticipated schedule for the Project, as necessary, to accommodate material changes in the Initial Information. § I s3 The parties shall agree upon written protocols governing the transmission and use of, and reliance on Instruments of Service or any other information or documentation in digital form, § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to written protocols governing the use of, and reliance on, the information contained in the model shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 OWNER'S REPRESENTATIVE'S RESPONSIBUTIES § 2.1 The Owner's Representative shall exercise reasonable care in performing its services set forth in this Agreement. The Owner's Representative shall not provide professional services on this Project that constitute the practice of architecture or engineering. 41A document C1041— 2024. Copyright 0 2024. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, end "AIA Contract Documents" are trademarks of the American Institute ofArchitnots. This document was produced at 14*43:16 MDT on 10/31/2025 under 5ubscxiption No.20250°156399 which expires on 08121/2026, Is not for resale, Is licensed for one4me use only, and may only be used in accordance with the AIA ;ontract Documents* Terms of Service. To report copyright violations, e-mail doc nfo@alaoontracts.com' Jser Notes (68W653e72a5351400664e) 2.2 Except with the Owner's knowledge and consent, the Owner's Representative shall not engage in any activity, or accept any employment, interest, or contribution that would reasonably appear to compromise the Owner's Representative's judgment with respect to the Project. 2.3 Owner's Representative's Limitations of Authority 2.3.1 The Owner's Representative shall have authority to act on behalf of the Owner only as set forth in this Agreement, subject to the limitations below. Unless otherwise agreed to by the Owner in writing, the Owner's Representative shall not have authority to perform the following activities on behalf of the Owner: .1 Approve the Owner's written program or the Architect's design phase submissions, .2 Enter into, modify, terminate, or amend contracts or legally binding agreements, .3 Authorize change orders or construction change directives, .4 Reject, suspend, or stop the Work, .5 Adjust or settle insured losses; .6 Settle claims, .7 Waive rights; and .8 Other: 2.3.2 The Owner's Representative shall notify the Owner's consultants and contractors performing services or Mork on the Project in writing about the limitations of authority identified in Section 2.3.1. 2A The Owner's Representative shall maintain the fallowing insurance until the termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Owner's Representative normally maintains, the Owner shall pay the Owner's Representative as set forth in Section 9.6.3. A.1 Commercial General Liability with policy limits of not less than Two Million Dollars {$ 2,000,000.00 } for each occurrence and Three Million Dollars {$ 3,000,000.00 } in the aggregate for bodily injury and property damage. ) mobile Liability covering vehicles owned, and non -owned vehicles used, by the Owner's ive with policy limits of not less than One Million Dollars {$ 1,000,0{}0.00 } per accident ijury, death of any person, and property damage arising out of the ownership, maintenance, and use of vehicles, along with any other statutorily required automobile coverage. Owner's Representative may achieve the required limits and coverage for Commercial General Automobile Liability through a combination of primary and excess or umbrella liability insurance, ch` primary and excess or umbrella liability insurance policies result in the same or greater coverage as ages required cinder Sections 2.4.1 and 2.4.2 and in no event shall any excess or umbrella liability avide narrower coverage than the primary policy. The excess policy shall not require the exhaustion lying limits only through the actual payment by the underlying insurers. Workers': Million Dollars statutory limits, covering negligent acts., errors, and omissions in the performance of professional not less than One Million Dollars {$ 1,000,000.00 )per claim and Two {$ 2,400,000,00 } in the aggregate. 2.4.7. I - 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 ilia City, its officers or employees, or carried by or provided through any insurance goof of the City, shall be excess and not contributory insurance to that provided by Owner's Representative. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Owner's Representative shall be solely responsible for any deductible losses under any policy required above. ►�J Isar Notes. • 4••i. Docusign Envelope ID: 57C484Dl-OC64-4427-BgFB-6E3AFEC6F48F 2.4.7.2- The certificate of insurance provided to the City shall be completed by the Owner's Representative's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full ford and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No ether form of certificate shall be used. The certificate 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. 2.4.7.3- Failure on the part of the Owner's Representative 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 Owner's Representative to City upon demand, or City may offset the cost of the premiums against monies due to Owner's Representative from City. 2 4.7.4� City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 2 b.7.5� 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 244O0 101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 2.4.7.E- 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 Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Owner's Representative for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Owner's Representative reasonable notice of any changes in its membership or participation in CIRSA. �ER'S REPRESENTATIVE'S BASIC �EI�VIGES ative's Basic Services consist of those described in this Article 3.'Services not set emental or Additional Services. ative shall consult with the Owner during all phases of the Project and ensure that rmation are conveyed to consultants and contractors performing services or Work ter to promote orderly and sequential progress of the Project and avoid ative shall provide its services ier n coordination with the svices provided by the red >son, or incr 's consultants and contractors. The :Owner's ,Representative shall be entitled for, the accuracy, completeness, and timeliness of, services and information: 's consultants and contractors. If the Owner's Representative becomes ency in such services or information, the Owner's Representative shall this � Laga, nfa@aWccxntracts.com. - (68ibf653e72a53514dbE�i64�) 3.1.6 I he Owner's Representative shall assist the Owner in soliciting, selecting, and retaining the Owner's consultants and contractors for the Project, such as architects, consultants, construction manager, and contractors. § 3.1.7 The Owner's Representative shall facilitate the preparation and execution of contracts between the Owner and the Owner's consultants and contractors, § -3.1.8 The Owner's Representative shall assist with developing and monitoring the Owner's budget and schedule for the Project, § 3.1.9 If the Owner identified a Sustainable Objective in Article 1, the Owner's Representative shall assist the Owner in fulfilling its responsibilities in the sustainable projects exhibit, § 3.1.10 TheOwner's Representative shall attend design, construction, and other meetings related to the Project. There is no limit to the Owner's Representative's virtual meeting attendance, The Owner's Representative shall attend a'minimum of I weekly in -person design, construction, and other meetings related to the Project during the construction phase. In addition the Owner's Representative shall coordinate with Historic Preservation staff as needed and attend any meetings with the HP staff and monitor, including facilitating approval of any change in the design by HP staff and monitor. § 3.1.11 On a monthly basis, or as set forth below, the Owner's Representative shall prepare and submit to the Owner a Project status report that may include information and documentation received from the Owner's consultants and contractors, The Project status report shall include the following information: .1 a Project summary, including key items for the Owner's decisions and approvals; .2 an update to the Owner's schedule developed pursuant to Section 3.1.8, including observed deviations from the schedule that may impact key milestones, Substantial Completion, and final completion; .3 an update to the Owner's budget developed pursuant to Section 3.1.8, based on actual and anticipated costs reported by each of the Owner's consultants and contractors, .4 an update regarding the progress toward achieving the Sustainable Objective, if any; .5 proposed and approved design and construction changes, including additional services and change orders; .6 actual and potential claims, and .7 Other, Mom) ('I, f `ihe Projects § 3.1.12 The Ova orders, construe information and times during the § 3.2 Project Ini The Owner's Re and other inform inform !is report as required at intervals ©then than monthly, set forth such intervals 's Representative shall maintain in good order a file containing contract documents, change change directives.., and ocher modifications, approved design documents, requests for oases, correspondence, and other information, which shall be accessible to the Owner at all ject a copy of which shall be delivered to the Owner upon Project's completion. tlation pre d Phase sentative shall familiarize itself with the Owner's program requirements, Initial Information, furnished by the Owner, If there are no Owner's program requirements or if any Initial s to be completed, the Owner's Representative shall consult with the Owner on the necessary the Owner's program requirements, complete the Initial Information in this Agreement, and information to be furnished by the Owner to the Owner's consultants and contractors, § 3.3 �}esign and Procurement Phase Owner's Representative shall be generally familiar with the progress of the design services. fibs Owner's Representative's review of design submissions, if any, shall be for the limited purpose of checking for design conformance with the Owner's program and schedule requirements, and not for the purpose of discovering errors, omissions, or inconsistencies in the Architect's submissions, however, the Owner's Representative shall promptly report to the Owner and Architect any errors, inconsistencies, or omissions discovered by or made a • !• t.rall + _ _ • i•ser Notes. ♦ a• �• � r i 1 ac • . ••/.. Docusign Envelope ID: 57C484Dl-OC64A427-B9FB-6E3AFEC6F48F known to the Owner's Representative. 3.3.2 The Owner's Representative shall consult with the Owner and Architect in soliciting and reviewing proposed contractors for the Project and shall assist the Owner in selecting contractors for the Project. The Owner"s'Representative shall review Shaw Constructions GMP and GMP development. 4.4 Construction Phase 3A.1 The term "Work" means the construction and services required by the contract or contracts for construction of the Project, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Owner's contractors to fulfill their respective obligations. The Work may constitute the whole or a part of the Project. § 3A.2 The Owner's Representative shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs employed ui connection with the Work, nor shall the Owner's Representative be responsible for the Owner's consultants' and contractors' failure to perform the services or the Work in accordance with the plans, specifications, or other contract or legal requirements for the Project. The Owner's Representative shall be responsible for the Owner's Representative's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of any of the Owner's consultants or contractors performing services or Work. 3.4.3 The Owner's Representative shall be generally familiar with the progress of the Work throughout the entire progress of construction. The Owner's Representative shall promptly report to the Owner and Architect observed deviations from the budget or schedule of the Project and defects and deficiencies observed in the Work. 3.4.4 The Owner's Representative shall assist the Owner with reviewing and processing certificates for payment, including reviewing the data substantiating the contractor's right to payment included in applications for payment, such as copies of requisitions, and releases and waivers of liens from subcontractors and suppliers, and shall inform the Architect and the Owner of any discrepancies or concerns. 3.5.4 The ARTICLE 4 Tentative shall include the Architect in all communications with the Owner's for the Project chat relate to or affect the Architect's services ar professional lions by and with the Architect's consultants shall be through the Architect. ntial Completion" means the stage in the progress of the Work. when the Work or rf is sufficiently Complete in accordance with the contract ar contracts for construction of can occupy or utilize the Work for its intended use. re shall attend the Architect's Substantial Completion and final completion r with the progress of the completed portions) of Work, including reviewing completed or corrected. The Owner's Representative's attendance at any Conformance of the Work with contract requirements; however, the Owner's art to the Architect and the Owner any defects and deficiencies observed in the shall coordinate delivery of all warranties, guarantees, and Project close-out shall perform a final analysis of Project casts compared to the Owner's tiie Owner, and prior to the expiration of one year from the date of Substantial s Representative shall, without additional Compensation, participate in a meeting with the review the facility operations and performance. SUPPLEMENTAL AND ADDITIONAL SERVICES 4.2 t3wner Representative's Additional Services AIA Document C104 — 2024. Copyright ®2024. All rights reserved. "The American ins0tute of Architects," "American institute of Architects," "AIA," the AIA Logo, and "AlA Contract Documents" are trademarks of The American Institute of Architects. Thls document was produced at 14:43:16 MDT on 10/3112025 under Subscrtptian tdo.20250156399 which expires an 08121I2026, is not for resale, is licensed for one dime use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright vlolatians, a -mail docinfa�alacantrac#s.cam. User Notes: (68fb1653e72a53514db0664e) • J J'. I ow 1 § 42A The Owner's Representative may provide Additional Services alter execution of this Agreement without invalidating this Agreement. Except for services required due to the fault of the Owner's Representative, any Additional Services provided in accordance with this Section shall entitle the Owner's Representative to compensation pursuant to Section 9.4. § 4.2.2 Upon recognizing the need to perform the following Additional Services, the Owner's Representative shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Owner's Representative shall not proceed to provide the following Additional Services until the Owner's Representative receives the Owner's written authorization: .1 Services necessitated by a material change in the Project; .2 Services necessitated by the Owner's or the Owner's consultant's and contractor's failure to perform or to perform in a timely manner, .3 Services necessitated by an extensive amount of claims; .4 Preparation for, and attendance at, a public presentation, meeting, or hearing; and .5 Preparation for, and attendance ai, a dispute resolution proceeding or legal proceeding, except where the Owner's Representative is party thereto. ARTICLE 5 OWNER'$ RESPONSIBILITIES § 5.1 The Owner shall provide and update information to the Owner's Representative regarding requirements for, and limitations on, the Project in a timely manner, including the information listed in Article 1 and Article 5 of this Agreement; information pertaining to other objectives, schedule constraints and criteria, and site requirements; and other information required for the Owner's Representative to perform its services. § 5.2 The Owner shalt collaborate with the Owner's Representative to establish and periodically update the Project budget, including the Owner's Representative's costs, the cost related to the Owner's consultants and contractors, and reasonable cost contingencies. If the Owner significantly increases or decreases the Project budget, the Owner shall promptly notify the Owner's Representative. § 5.3 The Owner shall retain all consultants and contractors necessary to carry out the services or Work on the Project. The Owner shall provide the Owner's Representative with copies of all executed agreements between the Owner and its consultants and contractors which may be redacted, at the Owner's discretion, as necessary to protect proprietary and confidential information and any modifications to those agreements. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or Work provided. The Owner shall require all contractors to name the Owner's Representative and its consultants as Additional Insureds on commercial general liability policies, where available. § ,5.4 The Owner shall furnish all surveying, geotechnical engineering, legal, insurance, financing, and accounting services, including auditing services, and other services that may be reasonably necessary for the Protect. § 5.5 The Owner shall furnish to its consultants and contractors copies of this Agreement, which may be redacted, at the Owner's discretion, as necessary to protect proprietary and confidential information and any modifications thereto. § provide prompt wri 5.S The Owner shall provtten notice to the Owner's Representative if they become aware of any fault or defect in the Project, including errors, omissions, or inconsistencies in any documents produced by, or services provided by the Owner's Representative or the Owner's consultants and contractors. § 5.7 The Owner shall provide the Owner's Representative access to the Project site and other facilities under the Owner's control and associated with the Project. The Owner shall obligate its consultants and contractors to provide the Owner's Representative access to the Project site wherever Work is in preparation or progress, 6.1 General § 6.1.1 The Owner and the Owner's Representative shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tart, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified A!A Document G1 Q4 — 2024. Copyright 0 2024. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AlA t_ago, and °A!A Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 14:43:16 MDT an 10131/2025 under Subscription No.20250156399 which expires on 08J21f2026, is not for resale, Is licensed for one-time use only, and may only be used in accordance with the AlA Contract Documentse Terms of Service. Ta report copyright violations, a -mall docinfo�aiacantracts.com. user Notes: (68fbf653e72a53514dbo664e) Docusign Envelope ID: 57C484Dl-OC644427-B9FB-6E3AFEC6F48F by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the 'Work. The Owner and the Owner's Representative waive all claims and causes of action not commenced in accordance with this Section. 6.1.2 To the extent damages are covered by property insurance, the Owner and the Owner's Representative waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance. The Owner or the Owner's Representative, as appropriate, shall require of their contractors, consultants, and agents and employees of any of them, similar waivers in favor of the other parties enumerated herein. 6.1.3 The Owner's Representative shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages, losses, and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Owner's Representative, its employees and its consultants in the performance of services under this Agreement. The Owner's Representative's obligation to indemnify and hold the Owner and the Owner's officers and employees harmless does not include a duty to defend. The Owner's Representative's duty to indemnify the Owner under this Section shall be limited to the available proceeds of the insurance coverage ;required by this Agreement. § 6.1.4 The Owner's Representative and the Owner waive consequential damages for claims, disputes, or other matters' in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in section 7.7. 6.2 Mediation § 6.2.1 Any claim, dispute, or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a Representative's services, the Owner's Representative may pr oceed in accordance with the lien notice or filing deadlines prior to resolution of the matter by mediation The enforceable as and the Owner's Representative shall endeavor to resolve claims, disputes, and other matters in hem by mediation which, unless the parties mutually agree otherwise, shad be administered by ion Association in accordance with its Construction Industry Mediation Procedures in effect agreement. A request for mediation shall be made in writing, delivered to the other party to this �d with the person or entity administering the mediation. The request may be made he filing of a complaint or other appropriate demand for binding dispute resolution but, in such call proceed in advance of binding dispute resolution proceedings, which shall be stayed for a period of 60 clays from the date of filing, unless stayed for a longer period by agreement ies shall share the mediator's fee and any filing fees equally. Unless another location is mutually mediation shall be held in Aspen, Colorado.. Agreements reached in mediation shall be ettlement agreements in any court having jurisdiction thereof. not resolve a dispute through mediation pursuant to this Section, the method of binding be the following: box.) Arbitration pursuant to Section 6.3 of this Agreement in District Court, Pitkin County, State of CoioradQ (Sped) If the Owner and the Owner's Representative 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, the dispute will be A!A Document C104 — 2024. Copyright 02024. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA,"the A!A Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 14:43:16 MDT on 10I31/2025 Subscription No.2025t)156399 which expires on 08I21/2026, is not for resale, is licensed for one Ame use only, and may only be used in accordance wig the AIA Contract Documentse Terms of Service. To report copyright violations, a -mail docinfo@atacontrac�s.com. User Notes: (68W653e72a5351400664e) Docusign Envelope ID: 57C484DI-OC644427-B9FB-6E3AFEC6F48F resolved in a court of competent jurisdiction. ARTICLE T 1 ERMINA l l 14 0 SUSPENSIN 7.1 If the Owner fails to make payments to the Owner's Representative in accordance with this Agreement such failure shall be considered substantial nonperformance and cause for termination or, at the Owner's Representative's option, cause for suspension of performance of services wider this Agreement. If the Owner's Representative elects to suspend services, the Owner's Representative shall give seven days' written notice to the Owner before suspending' services. in the event of a suspension of services, the Owner's Representative shall have no liability to the Owner for delay or damage caused to the Owner because of such suspension of services. Before resuming services, the Owner's Representative shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Owner's Representative's services. The Owner's Representative's fees for the remaining services and the time schedules shall be equitably adjusted, § 7.2 If the Owner suspends the Project, the Owner's Representative shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Owner's Representative shall be compensated for expenses incurred in the interruption and resumption of the Owner's Representative's services. The Owner's Representative's fees for the remaining services and the time schedules shall be equitably adjusted. 7.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Owner's Representative, the Owner's Representative may termi nate this Agreement by giving not less than seven days' written notice. 7.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § T, Rep § 7, Agr pert the § 7, valt (Set may terminate this Agreement upon not less than seven days' written notice to the Owner's -the Owner's convenience and without cause. r terminates this Agreement for its convenience or the Owner's Representative terminates this uit to Section 7.3, the Owner shall compensate the Owner's Representative for services r« termination, Reimbursable Expenses incurred, and costs attributable to termination, including ale to the Owner's Representative's termination of consultant and contractor agreements. :iination expenses do not include an amount for the Owner's Representative's anticipated profit on the ►e services gerformed under this Agreement. bVow the amount cif any termination fee, or the method for determining arty ter inanon fee.) 8.2 The Owner and the Owner's Representative, respectively, bind themselves, their agents, successors, assigns, d legal representatives to this Agreement. Neither the Owner nor the Owner's Representative shall assign this rreement without the written consent of the other, except that the Owner may assign this Agreement to a lender oviding financing for the Project if the lender agrees to assume the Owner's rights and obligations under this reement, including any payment due to the Owner's Representative by the Owner prior to the assignment. $.3 If the Owner requests the Owner's Representative to execute certificates, the proposed language of such certificates shall be submitted to the Owner's Representative for review at least l4 days prior to the requested dates of execution, If the Owner requests the Owner's Representative to execute consents reasonably required to facilitate assignment to a lender, the Owner's Representative shall execute all such consents that are consistent AiA Document C104 — 2024. Copyright 0 2024. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AiA," the AIA t_aga, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 14:43:16 MDT on 10131l2025 under Subscription Ma.20250156399 which expires an 08l21l2026, is not for resale, is licensed for one-time use only, and may only be used In accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, a -mail docinfo�aiacontracts.com. User Notes. (68fbf653e72a53514db0664e) Docusign Envelope ID: 57C484DI-OC644427-B9FB-6E3AFEC6F48F with this Agreement, provided the proposed consent is submitted to the Owner's Representative for review at least 14 days prior to execution. The Owner's Representative shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. 8.4 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or the Owner's Representative. § 8.5 Unless otherwise required in this Agreement, the Owner's Representative shall have no responsibility for the discovery, presence, handling, removal, or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. §' .6 During the Project, the Owner's Representative shall be given reasonable access to take photographs and video of the Project in furtherance of its services performed pursuant to this Agreement. Unless otherwise agreed to by the Owner, the Owner's Representative shall not have the right to publish photographs or videos of the Project for its promotional and professional materials in print or on social media. § 8.7 If the Owner's Representative or the Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person or entity except as set forth in Section 8.7.1. This Section 8.7 shall survive 'the in of this Agreement. § 8.7.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice to the other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors to perform services or Work solely and exclusively for the Project, provided those employees, consultants, and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 8.7. o compieti publicly ovision of this Agreement shall not invalidate this Agreement or its remaining that any provision of this Agreement violates any law, or is otherwise invalid or on shall be revised to the extent necessary to make that provision legal and Agreement shall be construed, to the fullest extent permitted by law, to give effect to poses in executing this Agreement. aired to notify or give notice to the other party, such notice shall be provided in to have been duly served if delivered in person, by mail, or by courier to the receiving or by electronic transmission if a method for electronic transmission is set forth in otherwise agreed upon in writing, the Owner and the Owner's Representative agree not to directly ►loyment the employees of the other party who are involved with the Project prior to one year after the Project, However, this Agreement does not restrict employees of either party from responding to Representative's basic Services described under Article 3, the Owner shall compensate the .ve as follows: basis for, compensation, including, stipulated sums, hourly or monthly billing rates, direct rultiple, or monthly fee.) �e Services vith rates outlined Exhibit A -the September 22, 2025, proposal submitted by Concept One 162,7204 unless authorized. Reimbursables to be billed at cost plus 10% § 9.2 The hourly billing rates for services of the Owner's Representative and its consultants and contractors, if A!A Document C104 — 2024. Copyright 0 2024. AIi rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "A!A Contract Documents" are trademarks of The American institute of Architects. This document was produced at 14:43:16 MDT on 10/3112025 under Subscription No.20250156399 which expires an 0$121/2026, is not for resale, is licensed for one mtIme use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To repor# copyright violations, a -mail docinfo�aiacontracts.com. Us®r Notes: (68fbf653e72a53514dbO664e) any, are set forth below. The rates shall be adjusted in accordance with the UWner's Representative's and its consultants' and contractors' normal review practices. 1f a licable, attach an exhibit of hourly Filling rates or insert theme below.) Employee or Category Rate Project Director $235 Senior Project Director $ l i5 Project Manager $150 Assistant Project Manager $115 Project Engineer $85 9.3 For Supplemental Services designated in Sections 4.1 the Owner shall compensate the Owner's Representative as fellows; Insert amount o, f or basis, for, compensation. If necessary, list specie services to which particular methods of compensation apply.) 9.4 For Additional Services that may arise during the course of the Project, includiaig those under Section 4.2, the �(�Owner p}shall }�compensate /the Owner's Representative as follows; (Insert amount o or bass for, compensation) 9.5 Compensation for Supplemental and Additional Services of the Owner's Representative's consultants and contractors when not included in Section 9.3 and 9.4 shall be the amount invoiced to the Owner's Representative ( ;plus Ten percent 10 %), or as follows (Insert amount of, or bas}cfi l• or Additional Services.) " § 9.6 Compensation for Rei § 9.6.1 reimbursable Expen expenses incurred by the O the Project, as folic . Tran .2 Dedi .3 Fees .4 Fees .5 Print ."ltl all computing, Owners Representative's consultants compensation for Supplemental usable Expenses ere in addition to compensation for Basic and Additional Services and include s Representative and the Owner's Representative's consultants directly related to �rtaton and authorized out -of --town travel and subsistence; ed data and communication services, teleconferences, Project web sites, and extranets, id for securing approval of authorities having jurisdiction over the Project; id for testing, surveys or other data obtained at the request of the Owner, :ions, plots, standard form documents,* and delivery or other delivery services; ae work requiring higher than regular rates, if authorized in advance by the Professional photography and presentation materials requested by the Owner, [f required by the Owner, and with tile' Owner's error written approval, the Owner's Representative's expenses of liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the consultants of the Owner's Representative, 11 taxes levied on reimbursable expenses, except taxes from which the Owner is exempt and appropriate documentation has been provided to the Owner's Representative, site office expenses, if authorized in advance by the Owner, and ether similar Project -related expenditures. Pill IN 111111 Representative and the Owner's Representative's consultants plus can percent (10 �/o) of the expenses incurred. AIA Document G104 — 2424. Copyright? 2024. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AtA logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 14A3:16 MDT on 10/31/2025 under 14 subscription No.20250156399 which expires on 08121/2026, Is not for resale, Is licensed for one-time use only, and may only be used In accordance with the AIA Contract Documen Terms of Service. To report copyright violations, a -mall docinfo@alaeontracts.com. User Notes. (68fbf653e72a53514db0664e) Docusign Envelope ID: 57C484D1-OC644427-B9FB-6E3AFEC6F48F § 9.6.3 (Insert the cost for the additional coverages the Owner's Representative is required to obtain to satisfy the requirements in Section 2.4, and for which the Owner shall reimburse the Owner's Representative) § 9.7 Payments to the Owner's Representative § 9.7.1 An initial payment of Zero ($ 0 ) shad be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 9.7.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Owner's Representative's invoice. § 9.7.3 The Owner shall not withhold amounts from the Owner's Representative's compensation to impose a penalty or liquidated damages on the Owner's Representative, or to offset sums requested by or paid to contractors or other consultants for the cost of changes to the Project, unless the Owner's Representative agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § i9.7.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times for a period of three years after the termination or completion of this Agreement. ARTICLE 10 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: Contract shall be issued initially for preconstruction services $162,720, with intent to change order for subsequent estimates: 6s,060 SCOPE ©F THIS AGREEII�ENT regiment represents the entire and integrated agreement between the Owner and the Owner's and supersedes all prior negotiations, representations, or agreements, either written or oral. This ✓ be amended only by written instrument signed by both the Owner and the Owner's us Agreement is comprised of the following documents listed below: .1 AIA Document 104TM-2024, Standard Form of Agreement Between Owner and Owner's documents, if arty, including- additional scopes of service forming part of this . _Concept One Group response to City of Aspen Project 2025 - 309 Request far dated September 22, 2025 - Armory Hall_S 1685 CMA RFP, Project 2025-309 �d into as of the day and year first written above. A1A Document C104 — 2024. Copyright ®2024. A!i rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA sago, and "AiA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 14:43:16 MDT an 10/31/2025 under .� 5 Subscription No.20250156399 which expires an 08/21/2026, is not for resale, Is licensed for one -#me use only, and may only be used in accordance wig the AIA Contract Dacuments� Terms of Service. To report copyright violations, a -mail docinfa@aiacantracts.com. User Notes: (68fbf653e72a53514db0664e) Docusign Envelope ID: 57C484D`l-OC64-4427-B9FB-6E3AFEC6F48F Signed by: 77:i3E05�09dC130 OWNER (01glrc7tlrre) E3Y. Pete Strecker - City Manager (Pl''111tL'C� 11CU11L' [711[2i tttle� Signed by: �c{( ()(Lr lV 7eGDGAC',30 5F48F_.. 11/3/2025 18:52:24 AM MST OWNER"S REPRESENTATIVE (Sig,icrtln'e) 13Y:.lack Wheeler IV -President (�1'Ii'PtG'C� J7[lJllC' ["/11[7� tlt�l?) AIA Document C104 — 2024. Copyright ©2024. All rights reserved. "The American Institute of Architects," uAmerican Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 14:43:16 MDT on 10/31/2025 under .� s Subscription No.20250156399 which expires on 08/21/2026, 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 Sen�ice. To report copyright violations, a -mail docinfo[7aiacontracts.com. User Notes: (68fbf653e72a53514db0664e) Docusign Envelope ID: 57C484D1-OC64-4427.B9FB-6E3AFEC6F48F additions and Deletions Report for VA Document C104 TM — 2024 This Additions and Deletions Report, as defined on page 9 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 � Building Permit. Work with the team an assembly of building_permit application documents and ensure that the building Permit application process is completed successfully including any necessary fallow -up items Addit%ns and Deletions Report for AIA Document C104 — 2024. Copyright 0 2024. AN 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 � 14:43:16 MDT on 10/31/2025 under Subscription tda.20250156399whlch expires on 08/21l2026, 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 re�rt copyright viatations, a -mail doclnfo@aiacontracts.com. user Notes: (68fbf653e72a53514dbO664e) WHICH must be Submitted. Work with the team to track and document the process throughout the iterative rI submittal process of pemit review. Follow up and guide solutions for any desipi issues encountered during the process including organizing any a ency review meetings if needed Drive completion of the pennit process by shoring up any loose ends and ensuring that the building permit is procured as soon as feasibly possible. Construction Management Services CC Contract Administration. Act as the C}wner*s agent far administration of the tC contract Qverall t't t�s�t UsAt (o lls and so team to remediate open i owner s"rights and contir such actions when directe • Weekly CAC Meetin sue. contract. • Site Visits, Site visits for ramp up and then ramp do • Agency Engagement. Cc needed for proiect proms building department over project moving. Other exa clarifyor verifyex ect communication with nett art. Facilitate problem salving and associated documentation amontr the protect or c ,S in on -site constnrcti ication and/or r example, this m ples of anticipated cent ations or existing com -f •f � f r � - l ff f f• f f f- r- progress SurT2marji ie�?at`� included Such as AIA invt schedule of values and comj Schedule Maintenance, ME CC change order lot~, sub • Occupancy and Closeout. occupancy. Coordinate irrigation system including paperwork, War flan tin nentati entail other nr rrrcatic ens ti canstructabl ication wit] �cessn adnvnistrati ►ns include comrnuni commun ►bout the duration of tl�e tticipate the number will abase of construction, and partner entities as re architect, GC and the influence the project. perky managers to discuss d monitor when requir such activities are anticipate at an conditional and unconditional and facilitation of CC nch list praee4 irri�atan water the with Y narrative w mer*s budget tiers, final i 1�� f f f i7firr r MWF ..� s built documentation • Warranty Coordination. Warranty timeline is two years. Receive and track the aging and remediation of items for Armory Hall's interiors, exteriors, site and landscape. Work wish GC as needed to coordinate replacement ar repairs, Coordinate with operator where necessary and accompany CC as needed for completion Hours are Additions and Deletions Report for AIA Document C1 A4 — 2024. Copyright 0 2024. Ali 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 � 14:43:16 MDT on 10/31/2Ci25 under Subscription No.20250156399 which expires on 08121f2Q26, 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: (68fbf653e72a53514dbO664e) Docusign Envelope ID: 57C484D1-BC64-4427-B9FB-6E3AFEC6F48F �'AG! si �fessianal I,iabilty covering negligent acts. errors, and omissions in the ices With policy limits of not less than One Million Dollars ($ Wiper claim and Two Million Dollars ($ 2 OOO,000.00 } eaeh� ies required i ureds. Every ers or emplo aibutory insi eauired abov shall be com�letez y #his contra+ y d l+ta �jlsj m esnr� %Q' 1...'�r• 1�, es nrrm�.n rrr,+cs•�s�"' The certificate of :. ' Owner's R presentatiye's insurance went as evidence Is and minimum limits are in full force and effect and ►mencement of the contract: No other form of certificate' and shall provide that the coveraizes afforded under the Zepresentative :to procure or maintain policies providin the required a material breach of contract upon which City may i City niav'nrocure or renew anv such policy or anv extend( bm Ci ;ryes the right` 3- Falw covers es, coed mmediatel, term Mo d reporting 1 l by City shall be �n the part of the e- fa-berd- ;= inimum limits shall ;ontract,' or at its ereto and may_pay Any Iy owner's 'certified cosy of anv olicy and anv endorsement thereto. �ty is relying_on, and does not waive or intend to waive by , s {presently $350,000.00 per person and $990,000 per occurrence} or any other rights immunities and pratectans provided by the Colorado Governmental Immunity Act Section 2�-10=101 et sect., C R..S:as from time to time amended, or otherwise available to City, its ffi officers, 3 Docusign Envelope iD: 57C484Dli OC644427-B9FB-6E3AFEC6F48F Owtier's Representative's atificip d profit on the value of the services performed under this Agreement. , Agreement8.1 This be • # by of WAGE 14 Prue Asses 'roe PAGE 15 r rm' 9.7.2 Un Payments PIT 1 or Category • Exhibit as of the Twee , -fourth day of t�ctober in the year Two Thousand `Twenty -Five 1$3 North 12th St Carbondale, Ci; JZ 1623 Additions and Deletions Report for AIA Document C104 — 2024. Copyright � 2024. Atl rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at i4;43:16 MDT on 10/31l2025 under Subscription No.20250156389 which expires on 08I21f2026, is nok for resale, Is licensed for one-time use only, and may only be used In accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfa oQaiacontracts.com. User Notes: (68fbf653e72a53514db0664e) 0 Docusign Envelope ID: 57C484D1-OC644427-B9FB-6E3AFEC6F48F 970-456-64i0 130 S. Galena Street Aspen, CO 81611 RA(aE 2 s 2.4.4 Commercial General Liability with policy limits of not less than Two Million Dollars ($ 2 000,000.00 ) for each occurrence and Three Million Dollars ($ 3,000,000.00 ) in the aggregate for Additions and Deletions Report for AIA Document C104 — 2024. Copyright 02024. Aii 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 14:43:16 MDT on 10/31/2025 under Subscription tdo.20250156398 which expires on 08/21/2026, 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 docinfoQaiacontracts.com. user Motes: (68fbf653e72a53514dbt664e) Docusign Envelope ID: 57C484D1-0C64-4427-B9FB-6E3AFEC6F48F 2.4.2 Automobile i,lability covering vehicles owned, and non -owned vehicles used, by the Owner's Representative with policy limits of not less than One Million Dollars ($ 140004000000 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.. Professional Liability covering negligent acts, errors, and omissions in the performance of professional services with policy limits of not less than One Million Dollars ($ 1 000,000400 eaeb , erclmtd Two Million Dollars ($ 2,00000.00 }eaeh- efopIeyeeHd pe4e itmitin the aggregate. PAGE 12 [ X Litigation in a eetH4 of eempetent jwisdie6effDistrict Court, Pitkin County, State of Colorado PAGE 14 Pre Construction Phase Services Time and Materials with rates outlined Exhibit A - the September 22, 2025, proposal submitted by Concept One Croup. Not to exceed $162, 20.00 unless authorized. Reimbursables to be bided at cost plus 10% PAGE 1 § 9.6 Compensation for Supplemental and Additional Services of the Owner's representative's consultants and contractors when not included in Section 9.3 and 9.4 shall be the amount invoiced to the Owner's Representative plus Ten. percent( 10 %), or as follows. § 9.6.2 For reimbursable Expenses the: compensation shall be the expenses incurred by he (owner's Representative and the Owner's Representative's consultants plus Ten percent (10 11/o) of the expenses incurred. § 9.7.1 An initial payment of Zero ($ 0 } shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. PAGE 1f Construction Phase l3stimated Fee Amount - $421.000.00 Exhibit• -• 10toposals, dated September xhi it Additions and Deletions Report for AIA Document C104 — 2Q24. Copyright 0 2024. 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 14.43:16 MDT on 1Q/31t2Q25 under Subscription tdo.2025Q156399 which expires on Q8121/2Q26, is not for relate, Is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents`s Terms of Service. To report copyright violations, e-mail docinfo�aiacontracts.com. user Motes, (68fbf653e72a53514dbQ664e) 0 Docusign Envelope ID: 57C484D1-6C64-4427-B9FB-6E3AFEC6F48F Certification of Document's Authenticity AIAO Document D401 TM — 2003 L Benjamin Levenson, 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 14#43:16 MDT on 10/31/2025 under Order No. 20250156399 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA' Document C 104Tm - 2024, Standard Form of Agreement Between Owner and Owner's Representative, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D4fl1— 2fl03. Copyright � 1992 and 2flfl3. All rigfits reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, arrd "AlA Contract D�uments"are trademarks of The American Institute of Architects. This document was produced a# 14:43:16 MDT on 1fl/31/2fl2b under Order No.2025fl156399 which expires on fl8/21/2026, is not for resale, is licensed forone-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@aiacontrac#s.com. User Motes: (6$fbf653e W361400664e) E