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HomeMy WebLinkAboutC23-389 RA Nelson_OCHPRECONSTRUCTION AND CONSTRUCTION SERVICES AGREEMENT FOR THE EAGLE COUNTY OLD COURTHOUSE 2ND FLOOR REMODEL THIS AGREEMENT is entered into as of _________________ by and between Eagle County, a body corporate and politic (“OWNER”) and RA, Nelson LLC, a Colorado limited liability company (hereinafter referred to as “RAN” or “Contractor”). WHEREAS, the construction project which is the subject matter hereof is generally described as follows: construction services for remodeling of the existing office space known as the Eagle County OCH Office (the “Project”) located at 551 Broadway, Eagle, Colorado 81631. Contractor shall supply and perform all work to complete the Project as specified in the Contract Documents (“Work”); and WHEREAS, the Architect for the Project is Menendez Architects, whose address is 715 West Main Street, Suite 104, Aspen, Colorado 81611; and WHEREAS, OWNER seeks professional preconstruction services to facilitate and assist with the design of the Project and final construction services to complete the facility as designed; and WHEREAS, Contractor represents to OWNER that it is authorized to do business in the state of Colorado, and that it has, by virtue of its capabilities of budgeting, cost estimating, management, and personnel, the required technical and professional expertise to perform the scope of Work set forth in Paragraph 2 hereunder. NOW THEREFORE, OWNER and Contractor, for the consideration hereinafter set forth, agree as follows: 1. Definitions 1.1. "Agreement" or "Contract" means this written agreement. 1. 2. "Architect" means “Engineer / Architect.” The Architect for this Project is Menendez Architects or such other professional architect, or group or association or professional corporation of such approved professional architects, engineers and consultants, who have contracted with the OWNER to accomplish the architectural and engineering services necessary to the Work. 1.3. "Change Order" means a written order to the CM/GC signed by the Board of County Commissioners or the Project Manager and the CM/GC, issued after the execution of this Agreement, authorizing a change in the Work, the method or manner of performance, or an adjustment in the Guaranteed Maximum Price, Preconstruction Services, Construction Services, or the Contract Time. 1.4. “CM/GC” means Construction Manager/General Contractor and for this Agreement shall be interchangeable with Construction Manager-At-Risk “CM-A-R”. 1.5. "Colorado Labor" means as provided in C.R.S. §8-17-101 et seq. as amended. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 3/24/2023 2 1.6. "Completion Date" means the first date when all of the following have occurred: the date that the Architect and Project Manager have certified that construction is completed in accordance with the Contract Documents, the local jurisdiction has issued a Certificate of Occupancy, and the date the OWNER can fully occupy or utilize the Work for the purpose for which it is intended. 1.7. "Construction Documents" means the drawings and specifications that set forth in detail requirements for the construction of the Project. “100% Construction Documents” means 100% Design Documents with further detailed drawings and sections for constructability and written specifications for 100% ability to construct the project. 1.8. “Contingency” means the set percentage of the construction contract amount budgeted for unforeseen emergencies or design shortfalls identified after the construction project commences. 1.9. "Contract Documents" means this Agreement, Amendments to this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Notices to Proceed, Change Orders, Addenda to the RFP issued prior to execution of this Agreement, if any, and other documents as identified in Paragraph 12 of this Agreement. 1.10. “Cost” means the total cost of labor, materials, provisions, supplies, fees, tests, expenses, bonds, equipment rentals, equipment purchases, insurance, supervision, engineering, clerical, and accounting services, the value of the use of equipment, and reasonable estimates of other administrative costs which may be reasonably apportioned to this Project to complete it in accordance with this Contract. 1.10.5 “Direct Cost of Work” means the Cost without the CM/GC Fees set forth in Exhibit B. 1.11. "Day" means calendar day unless specifically designated otherwise. 1.12. "Design Development" means the phase in which the Architect and other consultants prepare the design development documents, from the approved schematic design, for submission to OWNER for its approval. 1.13. “Design Documents” means the drawings and other documents that fix and describe the size and character of the entire project as to architectural, structural, mechanical, and electrical systems, materials and such other elements of the Project as may be appropriate. “100% Design Documents” means Design Documents that include grading, drainage, utility, irrigation, roadways, field lighting, building architectural, structural, mechanical, electrical, plumbing and other specifications necessary for a complete understanding of the scope of work for this Project.” 1.14. "Drawings" means all drawings and specifications reviewed and accepted by OWNER which have been prepared by the Architect showing the Work to be done. 1.15. “Guaranteed Maximum Price" and "GMP" mean that maximum amount for which OWNER agrees to reimburse the total cost of the Work up to a prescribed ceiling amount. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 3 1.16. “Notice to Proceed with Construction Services” means written notice from the Project Manager to the CM/GC with direction to commence the Construction Services (as defined in Paragraph 2.3 below), subject to the conditions of this Agreement. 1.17. The "Project" means the total design and construction of which the Work performed under the Contract Documents is a part, and may include construction by OWNER or by separate Contractors. 1.18. "Project Manager" means the individual appointed by OWNER to act as OWNER’s representative. The Project is under the authority of the Eagle County Project Management Department, the Director of which, or his designee, shall be OWNER’s Project Manager with Contractor with respect to the performance of the Work (hereinafter “Project Manager”). The Eagle County Project Manager shall be authorized to sign change orders increasing the scope of work and associated compensation within the budget constraints set for the Project. Change orders in excess of the budgeted amount must be signed and approved by the Board of County Commissioners. 1.19. "Subcontractor" means a person, firm, corporation, or other entity supplying labor and materials, or only labor, for the Work, under separate contact or agreement with the CM/GC or any other subcontractor. 1.20. “Substantial Completion” (also “substantial completion”) means the first date when all of the following have occurred: the date that the Architect and Project Manager have certified that construction is sufficiently complete in accordance with the Contract Documents such that OWNER can occupy or utilize the Work for the purpose for which it is intended and the local jurisdiction has issued a Temporary Certificate of Occupancy. 1.21. "Supplier" means any manufacturer, fabricator, distributor, material-man, or vendor. 1.22. "Value Engineering" means the technical review and analysis of systems and materials being considered in the design to produce the greatest value for the least cost, the object of which is to achieve the optimum value for each construction dollar spent and keep the fiscal constraints set forth throughout the Contract Documents. 1.23. "Work" means the Preconstruction Services (as defined in Section 2.1 below) and, if Contractor is selected as the CM/CG, the Construction Services (as defined in Paragraph 2.3 below), and all other services required by the Contract Documents, including all other labor, materials, equipment and services provided or to be provided by the CM/GC to fulfill Contractor’s obligations under the Contract Documents. The Work may constitute the whole or a part of the Project. 1.24. “Allowance” shall cover the cost of materials and equipment delivered to the site, all required taxes, labor, installation costs and other expenses contemplated for stated allowance amount. Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The Change Order shall reflect the difference between the actual cost and the stated allowance amount. 2. Work DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 4 2.1. Preconstruction Services: Contractor, shall perform those preconstruction services that are normally and customarily provided during the planning and design phases of project of this nature, as more fully described in Eagle County’s Request for Proposal and Qualifications, Preconstruction Services, for Eagle County OCH 2nd Floor Remodel, Eagle Colorado, attached hereto as Exhibit A, and incorporated herein by this reference (the “Preconstruction Services”) and as identified in the CM/GC Fee Structure & Hourly Rates attached hereto as Exhibit B and incorporated herein by this reference. The Preconstruction Services are generally described as the follows: A. Contractor will consult with, advise, assist, and make recommendations to OWNER and Architect on all aspects of planning for the Project, including review and validation of plans, cost estimates, and schedules. B. Contractor will designate a competent representative (“Preconstruction Representative”), and any necessary assistance, all satisfactory to the Eagle County Project Manager, to attend at least bi-weekly meetings, commencing immediately and continuing throughout the design phase of the project, as requested with the Architect and/or OWNER to advise and discuss the preconstruction progress and respond to questions regarding the Project. As of the date of execution of this Agreement, Contractor has designated Jason Morley as its Preconstruction Representative. The Preconstruction Representative shall not be changed except with the consent of the Eagle County Project Manager, which consent shall not be unreasonably withheld. C. Contractor will assist the Architect and OWNER at any point in the pre- construction process to provide cost analysis comparisons of various materials, products, or design options. D. Contractor will provide Value Engineering services through technical review and analysis of alternative designs, systems, and materials being considered in the design to produce the greatest value for the least cost. Contractor will provide cost estimates of the alternatives and evaluate the alternatives on the basis of costs, time schedules, availability of labor and materials, construction feasibility, warranties, and projected life expectancy. E. Contractor will make budget estimates based on the existing Design and other available information. Contractor will review and refine subsequent estimates with quantity take-off cost estimates in increasing detail as the development of the plans and specifications proceeds, and will advise OWNER and the Architect if it appears that the targets for the Project budget and/or completion will not be met. F. After the 100% Design Development is determined by OWNER and Engineer and OWNER and Architect have approved 100% Design Documents, Contractor will provide subcontractor prequalification and solicit subcontractor DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 5 pricing with the 100% Design Documents. Contractor will then compile final pricing, to include hard bid subcontractor pricing, plus any other estimates and projections, for a comprehensive final cost estimate which shall be presented to OWNER as a Guaranteed Maximum Price (“GMP”). Contractor will present the GMP, a detailed budget, and construction schedule to OWNER, within 45 calendar days of receipt of 100% Design Documents or this signed Agreement, whichever is later. The GMP, budget, and construction schedule must be approved by the Eagle County Project Manager and OWNER before the Design and Construction Documents are implemented. The Construction Services may commence only upon OWNER’s issuance of a Notice to Proceed with Construction Services, approved building permit, and execution of the GMP change order or addendum. G. Contractor will review plans and specifications with the Architect for accuracy and completeness and endeavor to eliminate areas of conflict and overlap in the work to be performed by the various subcontractors. H. Contractor will assist the design team in making recommendations of sequencing based on the project parameters for determining the most cost effective construction sequence. Contractor will provide a preliminary critical path schedule for the completion of the design phase, procurement of long lead items and construction phase to acquire a Certificate of Occupancy, within 45 calendar days of receipt of 100% Design Documents or this signed agreement, whichever is later. I. Contractor will maintain an “Open Book” with OWNER and agrees to provide copies of all data, bids, estimates, takeoffs, and any other supporting documentation generated for pricing, products, materials, and schedule analysis. Some forms, formats and procedures may be construed as proprietary and copyrighted material. Although available for review by OWNER, said materials such as estimating and project management information written, developed and implemented by Contractor shall not become public information. J. Contractor will assist OWNER in obtaining Building Permits if requested. 2.2. Issuance of Notice to Proceed with Construction Services: A. If after completing Preconstruction Services, Contractor’s proposed GMP, detailed budget, and construction schedule are accepted by OWNER, then OWNER shall provide Contractor with a Notice to Proceed with Construction Services as the Construction Manager/General Contractor (“CM/GC”). Any modifications to this Agreement shall be recorded in writing as an addendum or Contractor provided change order. B. OWNER, in its sole discretion, may decide not to proceed with the Project or with Contractor as the CM/GC, or OWNER may decide not to issue a Notice to Proceed with Construction Services to Contractor for any reason or no reason at all. In the event DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 6 OWNER does not proceed with the Project or does not select Contractor as the CM/GC prior to commencement of Construction Services, Contractor will be paid for Preconstruction Services performed to that point, on a time and materials basis, based on the hourly rates provided in Exhibit B, plus any reimbursables or out of pocket expenses incurred in the performance of preconstruction services, including for the work performed for estimating services, plus 1.35% general liability insurance, plus 9.00% contractor overhead and profit. This amount shall represent the total due to the Contractor for Work performed should Owner not proceed with the Project or select Contractor as the GM/GC. C. Upon receipt of a Notice to Proceed with Construction Services, Contractor shall carry out and develop the overall plans produced by the Architect that have been pre- approved by the Eagle County Project Manager; establish procedures for coordination between the Architect and Contractor’s subcontractors with respect to all aspects of the Construction Services and implement such procedures; and supervise and direct the work of its subcontractors and coordinate the Work with OWNER’s objectives of cost, time, and quality, all in accordance with Section 2.3 herein. 2.3. Construction Services In the event OWNER issues to Contractor, a Notice to Proceed with Construction Services, the work and services to be provided shall include, but will not be limited to, the following (hereinafter, the “Construction Services”): A. Contractor shall furnish labor, materials, equipment and Construction Services (1) which expeditiously, economically, and properly complete the Project in the manner most consistent with OWNER's interests and objectives; and (2) in accordance with the highest standards currently practiced by persons and entities performing comparable labor and services on projects similar in size, complexity, and cost in the State of Colorado. B. Supervision: Contractor shall supervise and direct the Construction Services, and shall be solely responsible for all construction means, methods, techniques, sequences, and procedures and shall coordinate all portions of the Work under this Agreement. Contractor shall be responsible to OWNER for the acts and omissions of Contractor’s subcontractors, agents, employees, or any other persons performing any of the Work or furnishing materials under a contract with Contractor. C. Meeting Attendance: Contractor shall meet regularly with the Architect and Eagle County Project Manager to discuss progress, present material and information, and respond to questions regarding the Project. Contractor will be responsible for submitting to the Eagle County Project Manager, within five working days, the minutes of all meetings during the preconstruction and construction phases and scheduling and conducting weekly progress meetings at which subcontractors, Architect, the Eagle County Project Manager, and Contractor can discuss jointly such matters as progress, problems, and scheduling. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 7 D. Schedule: Within forty-five (45) working days of issuance of the 100% Design Documents, Contractor shall prepare and submit a construction schedule for the Construction Services which shall provide for the expeditious practicable execution of the Construction Services. The schedule shall be consistent with the previously issued schedules, not exceed time limits current under this Agreement, and shall be related to the entire Project to the extent required by this Agreement. The schedule for the performance of the Work shall be a Critical Path Method system. Contractor shall provide a detailed schedule for the operation of Contractor and subcontractors on the project, including realistic activity sequences and durations, allocation of labor and materials, processing of shop drawings and samples, and delivery of products requiring long lead-time procurement. E. Project Construction Budget: Contractor shall review the project budget and advise the Eagle County Project Manager if it appears that the Project Construction Budget will not be met and make recommendations for corrective action. Contractor shall develop and monitor an effective system of Project cost control; incorporate approved changes as they occur; develop cash flow reports and forecasts as required; identify any variance between actual and budgeted costs within project budgets; advise Architect and the Eagle County Project Manager whenever projected costs are expected to vary from the projected budget and/or the Guaranteed Maximum Price, and continually monitor the cost estimates to assure that the Work remains within the applicable budget of the GMP. F. Coordination of Contract Documents: Contractor shall review the drawings and specifications and recommend alternative solutions whenever design details affect construction feasibility of schedules. G. Plan Review: Contractor shall review plans and specifications with the Architect and the Eagle County Project Manager so as to reduce areas of conflict and for coordination, accuracy and completeness of the plans and specifications at the issue of the construction documents. H. Labor: Contractor shall arrange and provide all labor necessary to accomplish and complete the Construction Services and analyze the types, quantity, and availability of appropriate categories of labor required for various phases of the Project. I. Project Control: Contractor shall monitor the work of the subcontractors and coordinate the work with the activities and responsibilities of the Eagle County Project Manager and the Architect to complete the Project in accordance with the Construction Documents and OWNER's objectives of cost, time, and quality. J. Organization: Contractor shall establish on-site organization and lines of authority in order to carry out the overall plans of the Construction Documents. K. Communication: Contractor shall establish procedures for coordination among the Eagle County Project Manager, the Architect, subcontractors and Contractor with respect to all aspects of the Project and implement such procedures. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 8 L. Monitoring: Contractor shall provide regular monitoring of the schedule as construction progresses; identify potential variances with the scheduled completion dates; review schedule for Work not started or incomplete and recommend to the Eagle County Project Manager and the Architect adjustments in the schedule to meet the Completion Date; provide summary reports of each monitoring and document all changes in schedule; and determine the adequacy of the subcontractors' personnel and equipment and the availability of materials and supplies to meet the schedule. M. Cost Control: Contractor shall develop and monitor an effective system of project cost control, showing actual costs for activities in progress and estimates for uncompleted tasks. Contractor shall incorporate approved changes as they occur. N. Permits and Fees: Contractor shall apply for a building permit for the Project. OWNER will pay the direct cost for the building permit. Contractor shall secure all other permits, including grading, mechanical, and electrical permits applicable to subcontractor work and any other special permits for permanent improvements not previously obtained by OWNER. O. Staffing: Contractor shall keep on the Project at all times, during its progress, Justin Pronga or Josh Wallin, as project superintendent (“Superintendent”), and any necessary assistants, including a Project Manager, all satisfactory to the Eagle County Project Manager, to coordinate and provide general direction of the work and progress of the subcontractors on the Project. Contractor’s Superintendent or Project Manager shall not be changed except with the consent of Eagle County's Project Manager, such consent to not be unreasonably withheld. Contractor’s Superintendent and Project Manager shall represent Contractor and all direction given to it shall be as binding as if given to Contractor. P. Contractor shall provide full-time, qualified and efficient supervision of the Work, using their best skill and attention. Contractor shall carefully study and compare all drawings, specifications and other instructions and shall report to the Eagle County Project Manager, and immediately correct any error, inconsistency or omission which it may discover. Contractor shall inspect the work of the subcontractors at all stages and at final completion and shall guard OWNER against defects and deficiencies in such work. Contractor shall be responsible to OWNER for the acts and omissions of all its Subcontractors, employees, agents and all other persons performing any of the Work or furnishing materials under a contract, for which Contractor has supervisory or inspection responsibility hereunder. Q. Safety: Contractor shall be responsible for the safety of persons and property and for compliance with all federal, state, and local statutes roles, regulations, and orders applicable to the conduct of the Construction Services. R. Shop Drawings and Samples: In collaboration with the Architect, Contractor shall establish and implement procedures for expediting the processing and approval of shop drawings and samples. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 9 S. Reports and Project Site Documents: Contractor shall record the daily progress of the Project in a daily log available to OWNER and the Eagle County Project Manager. Contractor shall submit on a monthly basis written progress reports and summaries of meetings to the Eagle County Project Manager, including information on the subcontractors' work, the actual cost vs. budgeted cost, actual construction point vs. projected schedule point, reasons for any discrepancies, the percentage of completion and the corrective actions to obtain compliance with time and cost schedules. T. Record Maintenance: Contractor shall maintain at the Project site, on a current basis, records of all necessary contracts, shop drawings, samples, purchases, materials, equipment, maintenance, and operating manuals and instructions and any other documents and revisions thereto which arise out of this Agreement or the Construction Services. U. Project Completion: Contractor shall determine Project Completion of designated portions of the Work and prepare for the Eagle County Project Manager a list of incomplete or unsatisfactory items and a schedule for their completion. 3. Time of Performance: 3.1 Contractor shall begin the Preconstruction Services upon full execution of this Agreement by both parties. Contractor shall complete its design review and budget review and provide OWNER with its GMP, a detailed budget and final construction schedule, within 45 calendar days, provided 100% Design Documents are provided to Contractor in accordance with Article 2.1 F. 3.2. Contractor agrees that Construction Services shall commence within ten (10) days of OWNER’s issuance of a Notice to Proceed with Construction Services, an approved building permit, and signed GMP change order or addendum and all Construction Services shall be substantially completed in accordance with the construction schedule approved by the Project Manager. In no event shall the Completion Date be later than the schedule agreed to in the GMP change order or addendum from issuance of the Notice to Proceed, absent written agreement for an extension of time in accordance with Paragraph 4 below. 4. Liquidated Damages 4.1. OWNER and Contractor recognize that time is of the essence of this Agreement and that OWNER expects the Project to be substantially complete in accordance with the construction schedule approved by the Project Manager. They also recognize the delays, expense, and difficulties involved in proving a legal or arbitration preceding the actual loss suffered by OWNER if the Project is not substantially complete in accordance with the approved schedule. Accordingly, instead of requiring such proof, OWNER and Contractor agree that as liquidated damages (but not as a penalty) for delay beyond the substantial completion date indicated in the schedule approved by OWNER Contractor shall pay OWNER three hundred dollars ($300.00) for each day that expires after the substantial completion date indicated in the schedule approved by OWNER, until the Project is complete. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 10 4.2. If Contractor believes that a contract extension should be granted due to delays caused by excusable, inclement weather, it may request a contract extension in writing from the Eagle County Project Manager. OWNER shall thereon grant an extension equal, in OWNER’s reasonable opinion, in duration to the delay, if any, that was caused by the excusable, inclement weather. Excusable, inclement weather is excessive snowfall, excessive rainfall, excessive freezing temperatures or excessive wind conditions, the degree or duration of which varies in excess of the average conditions expected, which is unusual for the particular time and place where the work is to be performed, or which could not have been reasonably anticipated by Contractor. 4.3. The completion dates as set forth in Paragraphs 4.1 and 4.2 above include a reasonable time for the reviews and approvals required by this Agreement. Should Contractor be unreasonably delayed by the failure of any person or entity to provide review or approval within such reasonable time, Contractor may be entitled to an appropriate extension of time after a written request for such extension has been submitted to and approved by the Eagle County Project Manager in writing. No time extension will be granted unless a determination is made by OWNER, that good cause exists for such extension. Owner’s determination shall not be unreasonably withheld. 4.4. All time extensions shall be made pursuant to Paragraph 7 of the General Conditions. 5. Compensation and Payment: 5.1. OWNER shall pay Contractor in accordance with Paragraphs 5.8 and 5.9 below and Paragraph 18 of the General Conditions a contract price (“Contract Price”) equal to the CM/GC Fees (as set forth in Exhibit B) plus the Direct Cost of the Work, subject to any GMP established pursuant to Paragraph 5.6 hereof and any adjustments made in accordance with the General Conditions of Contract. The funds appropriated for this Project will be equal to or in excess of the GMP. 5.2. OWNER shall pay Contractor on a time and materials plus reimbursables plus fee basis for Preconstruction Services as enumerated in paragraph 2.2.B, and described in Paragraph 2.1, subject to Paragraph 5.4 hereunder. 5.3. Additional Services, if requested by OWNER and approved in writing in advance of performance, that are determined by OWNER not to be similar in nature as described in Paragraph 2.1 through Paragraph 2.3 shall be paid to Contractor based on a GMP approved by OWNER in writing, which shall include construction costs (or “Direct Cost of Work”) as well as CM/CG fees that are in line with Contractor’s proposal for the Eagle County OCH 2nd Floor Remodel, Eagle, Colorado, dated February, 2023, attached hereto as Exhibit E and incorporated herein by this reference. The Eagle County Project Manager shall have authority to execute amendments and modifications to this Agreement within the parameters of the appropriated funds for this Project. 5.4. Notwithstanding the foregoing, neither party represents that the Project will be constructed or that Contractor will be the CM/GC in the event of Construction on this Project. It is agreed that in the event Contractor is selected for Construction Services the Construction DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 11 Services Fee will be established at thirteen and three tenths of a percent, (13.30%) of the direct cost, inclusive of the GC overhead & profit, Preconstruction Services Costs, bonds, and insurance as outlined in the Fee Schedule in Exhibit B, for the Project. 5.4.1. Construction Services Fee. Contractor’s Construction Services Fee shall include all overhead and profit. Overhead shall include Contractor's off-site costs, including, but not limited to, those for scheduling, estimating, and support of the project, except for the portion of their time attributable to the Work. Profit means before tax profit. On-site costs of construction will be considered a part of the costs of the work and these costs are not to be included in the fee. Costs to be included in the Construction Services Fee shall include only those services and other items identified under the CM/GC Basic Fee column in the CM/GC Fee Structure attached hereto as Exhibit “B.” 5.4.2. Adjustments in Construction Services Fee for additions or other changes that are directed by OWNER to increase the scope of Work and related construction costs shall only be made as follows: A. After the initial GMP is accepted by OWNER, OWNER shall be entitled to direct additions or other changes that increase the scope of Work and the construction cost up to an aggregate total of $10,000 without increasing the Construction Services Fee. B. Additions to or other changes that increase the scope of Work and construction cost after $10,000 Change Order Mark-Up “Free Zone” shall be subject to a Construction Services Fee of eleven and nine tenths of a percent (11.90%), inclusive of GC overhead & profit, bonds, and insurance for the additional work. 5.5. Abandonment or significant reduction in the scope or magnitude of the Project will not result in a negotiated reduction of the Construction Services Fee. The Construction Services Fee will be based on the GMP and will not be subject to reduction if the GMP can be reduced through the efforts of Contractor via procurement efforts or other cost saving construction methods. 5.6. Guaranteed Maximum Price. The GMP shall include all of Contractor's obligations to be performed pursuant to the terms of the Contract Documents and include the Direct Cost of Work and the CM/GC Fees as listed below: A. All items identified under “Preconstruction Fee,” “CM/GC Basic Fee,” “General Conditions,” and “Direct Cost of Work” in the CM/GC Fee Structure & hourly rates attached hereto as Exhibit B. B. All items described in Contractor, CM/GC Fee Structure & Hourly Rates Form, dated February 28, 2023, attached as Exhibit B to this Agreement. C. All Preconstruction Services Fees, Construction Services Fees, and Direct Cost of Work charges shall include: DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 12 a. Actual wages paid for labor in the direct employ of Contractor in the performance of the Work under applicable collective bargaining agreements, or under a salary or wage agreed upon by Eagle County’s Project Manager and Contractor and including other benefits, if any, as may be payable with respect thereto. If these wages are under applicable collective bargaining agreements the termination date of such agreements must be included. b. Actual salaries of Contractor's employees wherever stationed and in whatever capacity employed. c. Actual cost of pension contributions, hospitalization, vacations, medical insurance, assessments or taxes for such items as unemployment compensation and social security, insofar as such cost is based on wages, salaries or other remuneration paid to employees of Contractor and included in the cost of the Work. d. The reasonable transportation, traveling and hotel expenses of Contractor or of its officers or employees incurred in discharge of duties connected with the Work. e. Actual cost of all materials, supplies and equipment incorporated in the Work, including costs of transportation thereof. Also includes any material in excess of those actually installed but required to provide reasonable allowance for waste and spoilage. f. Actual payment made by Contractor to subcontractors for work performed pursuant to contract under this Agreement. g. Actual cost, including transportation and maintenance, of all materials, supplies, equipment, temporary facilities and hand tools not owned by the workmen, which are employed or consumed in performance of the Work and costs less salvage value on such items used but not consumed which remain property of Contractor. h. Actual rental charge of all necessary machinery and equipment, exclusive of hand tools, used at the site of the Work, whether rented from Contractor or other, including installation, repairs and replacement, dismantling, removal, costs of lubrication, transportation and delivery costs thereof, at rental charges consistent with those prevailing in the area. i. Cost of the premiums for all bonds and insurance which are required by the Contract Documents. j. Mechanical, Electrical and Plumbing Permit fees. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 13 k. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressive and similar petty cash items in connection with the Work. l. Cost of removal of all debris. m. Cost incurred due to an emergency affecting the safety of person and property, to the extent not compensated by insurance or otherwise. n. Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Eagle County Project Manager. o. All costs directly incurred in the performance of the Work and not included in the Construction Services Fee. p. Cost of construction support activities such as Work items included in the condition of the contract and in the specifications unless they are provided by contractors. q. Legal costs, court costs and costs of mediation and arbitration reasonably arising from Design-Builder’s performance of the Work, provided such costs do not arise from disputes between Owner and Design-Builder. Such costs are part of Design- Builder’s fee. r. Costs incurred for contingency items to include unforeseen emergencies or design shortfalls contingency Allowance (Owner controlled) and Contractor’s construction contingency (Contractor controlled). s. Wherever the Contract Documents state that Design-Builder shall perform any Work or incur any expense, it shall be understood to mean, in the absence of specific language to the contrary in this Agreement, that the cost thereof shall be included in the Cost of the Work payable by Owner subject to the GMP. Costs shall be actual costs paid by the Design-Builder, less all discounts, rebates and salvages. t. Indirect costs (General Condition Fees). u. Construction Services Fee, as set forth in Exhibit B. v. Two (2) sets of as-built drawings. w. Three (3) complete bound sets of required operations and maintenance manuals and instructions. 5.6.1. The GMP includes General Conditions/General Requirements. Contractor will submit for review and acceptance by OWNER an itemized breakdown of the General Conditions Fees DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 14 for the Project in accordance with CM/GC Fee and Schedule Proposal, Special Instructions, and Exhibit B of this Agreement. 5.6.2 Review and Adjustment to GMP. After submission of the GMP proposal, Contractor and OWNER shall meet to discuss and review the GMP. If OWNER has any comments regarding the GMP, or finds any inconsistencies or inaccuracies in the information presented, it shall promptly give written notice to Contractor of such comments or findings. If appropriate, Contractor shall, upon receipt of OWNER’s notice, make appropriate adjustments to the GMP. 5.6.3 Acceptance of GMP. The GMP may be negotiated between the parties. If OWNER elects to accept the GMP or a negotiated version thereof, as determined by OWNER in its sole discretion, the GMP and its basis shall be set forth in an amendment to this Agreement. In such event, OWNER may, in its sole discretion, provide Contractor with a Notice to Proceed with Construction Services with all or a portion of the remaining phases of the Work. With respect to any Notice to Proceed with Construction Services identified in the Contract Documents, OWNER, in its sole discretion, may decide not to issue a Notice to Proceed with respect to all or any portion of the Work for any reason or no reason at all. 5.6.4 Failure to Accept the GMP. OWNER, in its sole discretion, may decide to accept or reject the GMP proposal for any reason or no reason at all. In the event OWNER does not accept the GMP proposal, then Contractor will be paid for the Work performed to date under this Agreement. 5.6.5. Any project savings, below the GMP, resulting from bidding of subcontractors and other costs of the work shall accrue to OWNER. 5.7. The funds appropriated for this Project are equal to or in excess of the GMP. Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to OWNER nor shall any payment be made to Contractor in excess of the above amounts for any work done without the written approval of OWNER in accordance with a budget adopted by the Board of County Commissioners in accordance with the provisions of the Colorado Revised Statutes and/or the Colorado Constitution. 5.8. Pursuant to the provisions of Section 24-91-103.6 C.R.S., and notwithstanding anything to the contrary contained elsewhere in the Contract Documents, no Change Order or other form of order or directive by Eagle County, and no amendment to this Agreement, requiring additional compensable Work to be performed which Work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any force or effect unless accompanied by a written assurance by Eagle County that lawful appropriations to cover the costs of the additional Work have been made or unless such Work is covered under a remedy-granting provision in the Agreement. 5.9 Payment Procedure for Preconstruction Services. OWNER shall pay Contractor on a time and material plus reimbursables plus fee basis as enumerated in paragraph 2.2B, and described in Paragraph 2.1, above. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 15 5.9.1. Payment Procedure for Construction Services. If Contractor is selected as the CM/GC, Contractor shall submit applications for payment and back-up material (e.g. Subcontractor's invoices, vender statements and receipts) as shall be reasonably required in accordance with the General Conditions. Applications for payment must be provided on AIA forms G702 and G703 in written or electronic form. These applications shall indicate the percentage of completion of each portion of the Construction Services as of the end of the period covered by the application for payment. Applications for Payment will be processed as provided in the General Conditions. 5.9.2. PROGRESS PAYMENTS: OWNER shall make monthly progress payments on account of the Contract Price on the basis of Contractor's Applications for Construction Agreement Payments, as provided below. All progress payments will be on the basis of the progress of the Work. OWNER shall have the right to request and inspect supporting documentation for progress payments, including but not limited to receipts and invoices evidencing payments of charges associated with the Work. Prior to Completion, progress payments will be in an amount equal to: Ninety-five percent of the calculated value of Work completed and materials and equipment not yet incorporated in the Work but delivered and suitably stored, less in each case the aggregate of payments previously made. The withheld percentage of the Contract Price may be retained until the Work is completed satisfactorily and finally accepted by OWNER as provided for herein. 5.9.3. FINAL PAYMENT: Except as provided by Paragraph 5.9 of this Agreement, within sixty (60) days of completion and acceptance of the Work by OWNER in accordance with Section 17 of this Agreement and Paragraphs 20 and 21 of the General Conditions, OWNER shall pay the remainder of the Contract Price. The final payment shall not be made until after final settlement of this Agreement has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and complied with C.R.S. §38-26-107. Final payment shall be made in accordance with the requirements of the aforesaid statute. 5.10. OWNER may withhold from any payments due to Contractor, to such extent as may be necessary to protect OWNER from loss, because of defective work or material not remedied or the failure of Contractor to carry out the Scope of Work in accordance with this Agreement. Owner shall withhold 125% of Owner’s perceived value of defective work. 5.11. Contractor shall maintain comprehensive, complete, and accurate records and accounts of its performance relating to this Agreement for a period of three (3) years following termination or expiration of this Agreement, which period shall be extended at OWNER’s reasonable request. OWNER shall have the right within such period to inspect such books, records and documents upon demand, with reasonable notice and at a reasonable time. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 16 6. Independent Contractor: It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as, establishing an employment relationship. Contractor shall be, and shall perform as, an independent contractor. No technician, agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of OWNER. Contractor shall be solely and entirely responsible for its acts and for the acts of its technicians, agents, employees, and servants during the performance of this Agreement. Contractor shall not represent, act, purport to act or be deemed the agent, representative, employee, or servant of OWNER. 7. No Assignment: The parties to this Agreement recognize that in entering into this Agreement, OWNER is relying upon the resources, skill, and reputation of Contractor. Therefore, Contractor may not assign its interest in the Agreement, including the assignment of any rights or delegation of any obligations provided therein, without the prior written consent of OWNER, which consent OWNER may withhold at its sole discretion. Except as so provided, this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective successors and assigns, and shall not be deemed to be for the benefit of or enforceable by any third party. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 8. Subcontracts: 8.1. All portions of the Work that Contractor does not perform with its own forces shall be performed under subcontracts by Subcontractors prequalified by Contractor. 8.2. All subcontracts will be between Contractor and the Subcontractors. 8.3. Contractor shall be responsible to OWNER for the acts and omissions of its agents, employees, suppliers, Subcontractors performing work under a contract with Contractor, and such Subcontractors’ lower-tier subcontractors, agents, and employees. 8.4. By an appropriate written agreement, Contractor shall require the Subcontractor to the extent of the Work to be performed by the Subcontractor, to be bound to Contractor by the terms of the Contract Documents and to assume toward Contractor all the obligation and responsibility which Contractor, by the Contract Documents, assumes toward OWNER. Said agreement shall preserve and protect the rights of OWNER under the Contract Documents with respect to the Work to be performed by the Subcontractor so that the subcontracting thereof will not prejudice such rights. Contractor shall require each Subcontractor to enter into similar agreements with its subcontractors. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such Documents to its subcontractors. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 17 8.5. Each subcontract and material purchase order is hereby assigned to OWNER by Contractor provided that (a) assignment is effective only after termination of the Contract by OWNER for cause and only for those subcontract agreements which OWNER accepts by notifying the Subcontractor and Contractor in writing; and (b) assignment is subject to the prior rights of the surety, if any, obligated under the bond relating to the Project. Each subcontract and material purchase order shall include this assignment. 8.6. Nothing contained in the Contract Documents shall be deemed to create any contractual relationship between any Subcontractor of any tier and OWNER. 9. Insurance: 9.1 At all times during the term of this Agreement, Contractor and its Subcontractors shall maintain the insurance as set forth in Article 5 of the General Conditions. 9.2. Certificates of Insurance acceptable to OWNER, evidencing the above required amounts shall be filed with OWNER with respect to the Contractor and subcontractor prior to commencement of the Work. 10. Indemnification: The Contractor shall indemnify and hold harmless OWNER, its officers, agents, and employees (referred to collectively for purposes of this Paragraph 10 as “OWNER”) against any losses, claims, damages, or liabilities for which OWNER may become subject to insofar as any such losses, claims, damages, or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor or any of its Subcontractors hereunder; and Contractor shall reimburse OWNER for reasonable attorney fees and costs, legal, and other expenses incurred by OWNER in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against OWNER to the extent that OWNER is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 11. Contractor Representations: 11.1. Contractor expressly recognizes that this Project must be completed within the time and fiscal constraints set forth throughout this Agreement. 11.2. Contractor further represents to OWNER that, by executing this Agreement, it has been informed of and has reviewed the goals of the Project; the design of the Architect; the time schedule as well as fiscal constraints of the Project; all of the Exhibits and documents attached to this Agreement, and incorporated herein by reference; and, all of the services to be provided by Contractor pursuant to the Contract Documents. Based upon this review and analysis, Contractor represents to OWNER that it will provide all of the necessary services and perform all of the Work within the requirements of the Contract Documents. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 18 11.3. Contractor shall perform the Scope of Work in a skillful, professional, and competent manner and in accordance with the standards of care, skill, and diligence applicable to other contractors performing this type of work. 11.4. Contractor shall be responsible for the completeness and accuracy of the Work and shall correct, at its sole expense, all errors, and omissions therein. The fact that OWNER has accepted or approved the Work shall not relieve Contractor of any if its responsibilities under this Agreement. 11.5 Contractor acknowledges it is Contractor’s responsibility to review all design and construction documents relating to constructability and potential conflicts. The purpose of this review is to minimize change orders due to conflicts in the Construction Documents to the greatest extent possible. 12. Contract Documents The Contract Documents which comprise the entire Agreement are made a part hereof and consist of the following: 12.1. This Agreement, including addendum and/or change orders for the GMP. 12.2. Exhibit A: Request for Proposals and Statement of Qualifications dated February 2023. 12.3 Exhibit B: CM/GC Fee Schedule & Hourly Rates Form 12.4 Exhibit C: Preliminary Design Drawings dated October 31, 2022 by Menendez Architects. 12.5 Exhibit D: The General Conditions and Basic Requirements attached to this Agreement. 12.6 Exhibit E: RA Nelson Proposal: Eagle County Old Court House 2nd Floor Remodel dated February 2023 12.7 Addenda, clarifications or attachments to the above, deemed reasonable and necessary by OWNER and the CM/PC. There are currently no Contract Documents other than those listed above in this Article 12. Thereafter, the Contract Documents may only be altered, amended, or repealed by an executed, written Change Order or other amendment to this Agreement. In the event a change order or amendment to the Contract Documents is agreed to by the parties, the same shall be in writing and executed by both parties. Signature by OWNER may be made by OWNER’s project manager. Change orders or Amendments in excess of the budgeted amount must be approved by the Board of County Commissioners with additional funding appropriation allocated to the Project. The intent of the Contract Documents is to include all items, components and services necessary for the proper execution and completion of all the Work outlined in Paragraph 2 of this DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 19 Agreement. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. The Contract Documents are listed above in order of priority. If a conflict exists in the terms of any of the Contract Documents, the document with a higher priority shall control. 13. Notices: Any notice required under this Agreement shall be personally delivered, mailed in the United States mail, first class postage prepaid, or sent via electronic mail (“e-mail”) provided an original is also promptly delivered to the appropriate party at the following addresses: OWNER: Eagle County Project Management Kristin Degenhardt, Construction Manager P.O. Box 850 Eagle, Colorado 81631 kristin.degenhardt@eaglecounty.us (970) 471-2320 and a copy to: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 atty@eaglecounty.us CONTRACTOR: RA Nelson, LLC P.O. Box 5400 Avon, CO 81620 Notices shall be deemed given on the date of delivery; on the date an e-mail is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. 14. Termination: 14.1. Notwithstanding Paragraph 14.2 hereunder, this Agreement may be terminated at any time in whole or in part, by OWNER for its convenience. Any such termination shall be effected by delivery to Contractor of a written notice of termination specifying the date upon which termination becomes effective. Upon termination, Contractor shall deliver to OWNER all drawings, illustrations, text, data, redlined drawings and other documents entirely or partially completed, whether in electronic form or otherwise, together will all material supplied to Contractor by OWNER, and shall further comply with Article 15 of the General Conditions. These documents must be provided to OWNER in a usable format. In such event, Contractor shall be compensated for all work completed up to the date of termination. Final payment will be due within thirty (30) days after Contractor has delivered the last of the documents or records due OWNER. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 20 14.2. If either party defaults or Contractor neglects to carry out the Work in accordance with this Agreement and fails within a ten (10) day period after receipt of written notice from the other party to correct such default or neglect with diligence and promptness, the other party may, without prejudice to other remedies, terminate this Agreement. If Contractor fails to correct such deficiencies after timely notification by OWNER, OWNER may in addition to or as an alternative to termination correct such deficiencies and deduct the cost of correction from payments due Contractor. OWNER may recover the reasonable costs of correcting deficiencies in an amount not exceeding that specified in the Agreement. 14.3. Upon the termination of this Agreement, Contractor agrees to deliver to OWNER such information and items which, if this Agreement had been completed, would have been required to be furnished to OWNER, including completed or partially completed plans, drawings, red- lined drawings, and other pertinent information, in an electronic form or otherwise, in a format usable by OWNER. 15. Drawings and Specifications 15.1. OWNERSHIP AND USE OF DOCUMENTS – All drawings, specifications, and copies thereof furnished by OWNER are and shall remain the property of OWNER. They are to be used only with respect to this Project and are not to be used on any other project. With the exception of one contract set for each party to this Agreement, such documents are to be returned or suitably accounted for to OWNER on request at the completion of the Work. Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of OWNER’s common law copyright or other reserved rights. 15.2. INTERPRETATIONS - The Architect may be asked to render interpretations consistent with the intent of, and reasonably inferable from the Contract Documents, consisting of additional instructions by means of drawings or otherwise necessary for the proper execution or progress of the Work, in accordance with agreed upon time limits and otherwise so as to cause no unreasonable delay. Contractor may make written request to the Architect of such interpretations and decisions. Contractor shall comply with the Architect’s interpretations and such interpretation shall be incorporated into this Agreement, subject to OWNER’s review and final determination in those instances deemed necessary by OWNER. 16. Substantial Completion of the Work 16.1.1. When Contractor considers that the Work or a designated portion thereof is complete and ready for its intended use, Contractor shall, in writing to Owner and Engineers, certify that the Work (or portion thereof) is substantially complete, and request that the Engineer issue a certificate of substantial completion. 16.1.2. Within ten (10) days after receipt of Contractor’s notice of completion of the Work, OWNER, Architect, and Contractor shall make an inspection of the Work to determine whether the Work has been substantially completed in accordance with the Contract Documents and to prepare a punch list. If the Work has not been completed to the required stage, the parties shall DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 21 cease the inspection and an appropriate change order shall be issued deducting from the payments then or thereafter due Contractor all costs associated with such premature inspection, including compensation for the Architect’s additional services, if made necessary thereby. If the payments then or thereafter due Contractor are not sufficient to cover such amount, Contractor shall pay the difference to OWNER. If however, the Work has been completed to the required stage, a punch list shall be prepared by Architect and/or OWNER and consist of those items listed by Contractor to be completed or corrected as supplemented by those items observed and noted during the inspection. The required number of copies of the punch list will be countersigned by the Eagle County Project Manager or other authorized OWNER representative and the Architect and will then be transmitted to Contractor. The failure to include any items on such list shall not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. 16.2. RIGHT OF EARLY OCCUPANCY 16.2.1. OWNER shall have the right to take possession of and to use any completed or partially completed portions of the Work, even if the time for Completion of the Work or such portions of the Work has not expired and even if the Work has not been finally accepted. Such possession and use shall not constitute an acceptance of such portions of the Work. 16.2.2. If OWNER elects to take possession of and to use any completed or partially completed portions of the Work prior to the time for Completion of the Work or portion thereof, prior to any s uch possession or use, an inspection shall be made by the local jurisdiction, the Project Manager, and Contractor. Any and all areas so occupied will be subject to a final inspection when the Contractor complies with Article 16.1. 16.2.3. At the time of the inspection made pursuant to paragraph 16.2.2., the parties shall also agree upon the responsibilities of OWNER and Contractor for security, maintenance, heat, utilities, property insurance premiums, and damage to the Work. If Contractor can also satisfactorily demonstrate to OWNER any actual cost for warranties for the period prior to the date of Notice of Acceptance, OWNER shall reimburse Contractor for that portion of such cost attributable to the portion of the Work occupied by OWNER for the period of time of such occupancy. In the event Contractor believes there will be an additional cost associated with completion of the Work while OWNER occupies the Work in whole or in part, Contractor shall advise OWNER of all such cost at or before the time of the inspection and an agreement shall be reached on the responsibilities of OWNER and Contractor therefor. If Contractor fails or refuses to furnish such cost information as required, Contractor hereby waives any and all rights to assert any claim therefor at any time thereafter. 17. Final Completion, Acceptance, and Final Payment 17.1. Following OWNER’s issuance of the Certificate of Substantial Completion of the Work or designated portion thereof, and Contractor’s completion of the work on the punch list established pursuant to paragraph 16.1.2. as may have been supplemented, Contractor shall forward to OWNER a written notice that the Work is ready for final inspection and acceptance, and shall also forward to OWNER a final application for payment. Upon receipt, OWNER and Architect will promptly make such inspection. When OWNER and the Architect find the Work DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 22 acceptable under the Contract Documents, the Architect will issue a Certificate of Final Completion. This Certificate will constitute a representation that, to the best of the Architect’s knowledge, information, and belief, and on the basis of observations and inspections, the Work has been completed in accordance with the terms and conditions of the Contract Documents. 17.2. NOTICE OF ACCEPTANCE – When the Architect has issued its Certificate of Final Completion, Contractor has fully performed all of its obligations under the Contract Documents and the same is acceptable to OWNER, a Notice of Acceptance shall be issued by OWNER, which shall establish the acceptance of the Work. 17.3. SETTLEMENT 17.3.1. OWNER shall not authorize final payment until all items on the punch list have been completed, the Architect issues its Certificate of Final Completion, the Notice of Acceptance is issued, and the Notice of Contractor’s Final Settlement Date is published and at least 30 days have expired with no claims filed. 17.3.2. Before OWNER may advertise, Contractor shall: 1. Deliver to the Architect for review by the Architect and deliver to OWNER: a. All guaranties and warranties; b. Confirmation that sales taxes from which OWNER is exempt have not been paid; c. Three (3) complete bound sets of required operations and maintenance manuals and instructions; d. Two (2) sets of as-built drawings; e. To the extent not already furnished, one copy of all corrected Shop Drawings; f. Satisfactory evidence that all payroll, material bills, and other indebtedness connected with the Work have been paid or otherwise satisfied; g. A lien waiver conditioned upon final payment by Owner. h. Consent of the surety to final payment; i. Any other documents required to be furnished by the Contract Documents. 2. Demonstrate to the operating personnel of OWNER the proper operation and maintenance of all equipment installed or furnished under the Contract Documents. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 23 17.3.3. Upon completion of the foregoing, the Contractor’s Settlement shall be advertised in accordance with Colorado law. On the date of final settlement thus advertised, and after the Contractor has submitted a written notice to OWNER that no claims have been filed, final payment and settlement shall be made in full. 17.3.4. If any unpaid claim for labor, materials, rental machinery, tools, supplies, or equipment is filed before payment in full of all sums due Contractor, OWNER shall withhold from Contractor sufficient funds to insure the payment of such claim, until the same shall have been paid or withdrawn, such payment or withdrawal to be evidence by filing a receipt in full or an order for withdrawal signed by the claimant or its duly authorized agent or assignee. 17.3.5. The making of final payment, after the Date of the Notice of Contract Settlement of the Project, shall constitute a waiver of all Claims by OWNER except those arising from: 1. Unsettled Claims; 2. Faulty or defective work appearing after Completion of the Work; 3. Failure of the Work to comply with the requirements of the Contract Documents; or 4. Terms of any warranties or special warranties required by the Contract Documents. 17.3.6. The acceptance of final payment, after the Date of the Notice of Contractor Settlement of the Project, shall constitute a waiver of all Claims by Contractor except those previously made in writing and separately identified by Contractor as unsettled in the final Project Application for Payment. 17.3.7. All provisions of the Contract Documents including without limitation those establishing obligations and procedures, shall remain in full force and effect notwithstanding the making or acceptance of final payments. 18. Warranties 18.1.1. In addition to all warranties required by law, Contractor warrants to OWNER that all work, materials, and equipment furnished under the Contract Documents will be of good quality, free from faults and defects, and in conformance with the Contract Documents. All work, materials, or equipment not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required OWNER, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of paragraph 18.1.2. 18.1.2. The CM/GC shall warrant and guarantee the Work for a period of two (2) years from the date of the Notice of Acceptance of the Work. If, within two years after the Notice of Acceptance, or within such longer period of time as may be prescribed by the terms of any DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 24 applicable special warranty required by the Contract Documents, if any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor shall correct it promptly after receipt of a written notice from OWNER to do so unless OWNER has previously given Contractor a written acceptance of such condition. This obligation shall survive both final payment for the Work or designated portion thereof and termination of this Agreement. OWNER shall give such notice promptly after discovery of the condition and in any event no later than two years after the issuance of the Notice of Acceptance. 18.1.3. In case of work performed for which other warranties are required by the Contract Documents, Contractor shall secure the required warranties and deliver the same to OWNER in accordance with paragraph 17.3.2. These warranties shall not in any way lessen Contractor’s responsibilities under the Contract Documents. Whenever guarantees or warranties are required by the Contract Documents for a longer period of that one year, such longer period shall govern. 18.1.4. The establishment of the time periods noted in paragraph 18.1.2., or, such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents, related only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which Contractor’s obligation to comply with the Contract Documents may be sought to be enforced, nor the time within which proceedings may be commenced to establish Contractor’s liability with respect to Contractor’s obligations other than specifically to correct the Work. 18.2. GUARANTY INSPECTIONS AFTER COMPLETION 18.2.1. OWNER and Contractor together shall make at least two (2) complete inspections of the Work after the issuance of the Notice of Acceptance. One such inspection, the “Twelve-Month Guaranty Inspection,” shall be made approximately twelve (12) months after the issuance of the Notice of Acceptance and another inspection, the “Twenty Third-Month Guaranty Inspection,” shall be made approximately twenty-three (23) months after the issuance of the Notice of Acceptance. OWNER shall schedule and so notify all parties concerned, including the local jurisdiction, of these inspections. 18.2.2. Written lists and reports of these inspections shall be made by the Contractor and forwarded to OWNER and all of the other participants within ten (10) days after the completion of each inspection. Contractor shall immediately initiate such remedial work as may be necessary to correct any deficiencies or defective Work shown by these reports, and shall promptly complete all such remedial Work in a manner satisfactory to the Engineer and OWNER. 18.2.3. If the Contractor fails to promptly correct all deficiencies and effects shown by any report, OWNER may do so after giving Contractor ten (10) days written notice of its intention to do so and OWNER shall be entitled to collect from Contractor and its surety all costs and expenses incurred by it in correcting such deficiencies and defects, as well as all damages directly resulting from such deficiencies and defects. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 25 19. Claims for Additional Costs and Damages 19.1. CLAIMS FOR ADDITIONAL COST 19.1.1. If Contractor makes a claim for an increase in the GMP, Contractor shall give OWNER its written notice of claim thereof within fifteen (15) days, after the occurrence of the event giving rise to such claim and in all cases before proceeding to execute the Work, except in an emergency endangering life or property, in which case, Contractor shall proceed as necessary to prevent such threat. No such claim shall be valid unless so made. Any approved change in the GMP resulting from such claim shall be authorized by Change Order. 19.2. INJURY TO PERSON OR DAMAGE TO PROPERTY – Should Contractor to this Agreement suffer injury or damage to person or property because of any act or omission of OWNER or of any of OWNER’s employees, agents, or others for whose acts such party is legally liable, Notice of Claim shall be made in writing to such OWNER within sixty (60) days after the first observance of such injury or damage. 19.3. RIGHTS AND REMEDIES 19.3.1. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights or remedies otherwise imposed or available by law. 19.3.2. No action or failure to act by OWNER shall constitute a waiver of any right or duty afforded under the Contract Documents nor shall any such action or failure to act constitute an approval or acquiescence in any breach thereunder, except as may be specifically agreed in writing. Nothing herein shall waive or be deemed a waiver of OWNER’s governmental privileges and immunities under federal or state law. 20. Miscellaneous: 20.1. The Project is under the authority of the Eagle County Project Management Department, the Director of which, or his/her designee shall be OWNER’s liaison with Contractor with respect to the performance of the Work. 20.2. Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement on the basis of race, color, religion, national origin, sex, sexual orientation, ancestry, physical handicap, age, political affiliation, or family responsibility. 20.3. The making, execution and delivery of this Agreement by the parties hereto have not been induced by any prior or contemporaneous representation, statement, warranty, or agreement as to any matter other than those herein expressed. This Agreement embodies the entire understanding and agreement of the parties, and there are no further or other agreements or understandings, written or oral, in effect between them relating to the subject matter hereof. This Agreement may not be amended, including by any modification of, deletion from or addition to the Work, except by a written document of equal formality executed by both parties hereto. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 26 20.4. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado, without reference to choice-of-law rules. The parties agree that venue in any action to enforce or interpret this Agreement shall be in the District Court in the 5th District for the State of Colorado. 20.5. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. 20.6. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. 20.7. Time is of the essence and the parties agree to notify the other if they become aware that any condition will significantly delay performance. 20.8. Neither party will be responsible for delays or lack of performance resulting from events beyond the reasonable control of that party. Such events include, but are not limited to, acts of God, weather conditions, fire, third party strikes, third party lock-outs, and other labor disruptions, material shortages, riots, COVID restrictions implemented by the governing agencies, and acts of war. 20.10. All tracings, plans, specifications, estimates, reports, date and miscellaneous items, including electronic data, purported to contribute to the completeness of the Project, the Project or the Work shall be delivered to and become the property of OWNER, upon OWNER’s request. However, all estimating and project management information written, developed and implemented by Contractor shall be available for review by OWNER, but shall not become public information or available for use by any entity other than Contractor. 20.11. Basic survey notes, sketches, computations and other data prepared hereunder shall be made available to OWNER, upon request and become property of OWNER. 20.12. The Architect, OWNER, Project Manager and all other representatives of OWNER shall at all times have access to the Project site to view the progress of the Work, wherever it is in preparation and progress. The CM/GC shall provide any necessary safety equipment, and safe and reasonable facilities for such access so that the Architect, Project Manager and OWNER’s representatives may exercise their rights and perform their functions under the Contract Documents. // Signature Page to Follow / DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 27 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Kathy Chandler-Henry, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board CONTRACTOR: RA Nelson, LLC By: _________________________________ Signature _________________________________ Title DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 Regional Manager 28 EXHIBIT A Eagle County’s Request for Proposal and Qualifications, Preconstruction Services DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 Eagle County, Colorado REQUEST FOR PROPOSALS AND STATEMENT OF QUALIFICATIONS PRE-CONSTRUCTION AND CONSTRUCTION SERVICES FOR EAGLE COUNTY OLD COURT HOUSE 2ND FLOOR REMODEL EAGLE, COLORADO Eagle County is soliciting Proposals and statement of qualifications from construction manager/general contractors for preconstruction and construction services for the remodel of the 2nd level of the Old Court House (the “Project”). Preconstruction and construction services to be provided include involvement in the conceptual design development from a General Contractor’s perspective. Services will include but not be limited to cost estimating, schedule analysis, value engineering and assessment of potential constructability issues and final construction services to complete the facility as designed (the “Preconstruction and Construction Services”). The evaluation of proposals in response to this RFP will include rates, hourly or otherwise for preconstruction and construction services. Following evaluation of the proposals received by EAGLE COUNTY in response to this RFP, the successful respondent will be given the first right to negotiate a Preconstruction and construction Services agreement acceptable to EAGLE COUNTY. In the event that an agreement satisfactory to EAGLE COUNTY cannot be reached, EAGLE COUNTY may enter into negotiations with one or more of the remaining respondents. The successful respondent shall commence work only after execution of an acceptable agreement and approval of insurance certificates and notice to proceed given by EAGLE COUNTY. Final selection of a successful respondent will be based on an evaluation of factors including, but not limited to, general approach to the project, experience, schedule and budget constraints, practices and procedures, familiarity with Eagle County, and legal issues. The successful respondent shall commence work only after execution of an agreement acceptable to EAGLE COUNTY, provision of the bonds required below, approval of insurance certificates and a notice to proceed is given by EAGLE COUNTY. The Schematic Design Plan for the Project is included as Exhibit B. Proposals will be received via email only Kristin Degenhardt at kristin.degenhardt @eaglecounty.us, until 2:00 p.m., local time, February 8th, 2023. Any proposal received after this time will be considered non-responsive and left unopened. Proposals will be evaluated only from those firms that meet the minimum criteria as set forth in the complete Request for Proposals document. The complete Request for Proposals and Statement of Qualification document may be obtained on the Eagle County website at www.eaglecounty.us. Contact Kristin Degenhardt, Construction Manager, at kristin.degenhardt@eaglecounty.us or 970-328-3457 further information. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 Eagle County, Colorado REQUEST FOR PROPOSALS AND STATEMENT OF QUALIFICATIONS PRE-CONSTRUCTION AND CONSTRUCTION SERVICES FOR EAGLE COUNTY 2nd Level OCH Remodel EAGLE, COLORADO INSTRUCTION 1. Request for Proposals and Statement of Qualifications must be received via email to Kristin Degenhardt at kristin.degenhardt@eaglecounty.us , no later than 2:00 p.m. on February 8th, 2023. Any request for proposals and statement of qualifications received after this time will not be considered. 2. Any question, interpretation or clarification regarding this Request for Proposals (“RFP”) is required five (5) calendar days prior to the due date. Responses, if any, will be issued by addenda posted to http://www.eaglecounty.us. All questions regarding this RFP or these instructions must be in writing and submitted to Kristin Degenhardt Eagle County Construction Manager, via email at kristin.degenhardt@eaglecounty.us. No additional questions will be accepted after the date and time referenced above unless good cause is shown as determined by EAGLE COUNTY in its sole discretion. Oral interpretations shall be of no force and effect. 3. A pre-proposal meeting may be requested by potential respondents at Eagle County’s time of convenience for visual observation of the existing site conditions. 4. When submitting via email, proposals must be clearly identified in the subject line of the email by RFP title. Please provide a PDF version of the proposal. Please include the name, address, and phone number of the firm’s submitting project personnel. Responsibility for timely submittal of proposals lies solely with the respondent. Proposals received after the closing time specified will be considered non-responsive and will remain unopened. 5. EAGLE COUNTY reserves the right, in its sole discretion, to reject any and all proposals submitted in response to this RFP, and to waive or not waive informalities or irregularities in proposals received, or RFP procedures. EAGLE COUNTY also reserves the right to re-advertise, or to otherwise provide the services as determined by EAGLE COUNTY to be in its best interest, and to accept any portion of a proposal deemed to be in the best interests of EAGLE COUNTY to do so. EAGLE COUNTY may also choose to disregard all proposals and issue another RFP. 6. EAGLE COUNTY may, at its sole discretion, modify or amend any and all provisions of these instructions or the RFP. If it becomes necessary to revise any part of the RFP, addenda will be provided through posting at http://www.eaglecounty.us. EAGLE COUNTY reserves the right to extend the RFP submittal date or to postpone selection of the most qualified respondent(s). A list of firms and others who have been issued a RFP document will be made available upon request. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 7. Respondents are encouraged to clearly identify any proprietary or confidential data or information submitted with the proposals. Regardless of whether or not so marked, EAGLE COUNTY will endeavor to keep that information confidential, separate and apart from the proposal. Notwithstanding the foregoing, respondent acknowledges that EAGLE COUNTY may be required to release the information in accordance with state statute or order of the court. 8. Eagle County will not pay for any information requested herein, nor is it liable for any costs incurred by the respondent in connection with its response to this RFP. 9. No telephone or oral proposals will be accepted. 10. Respondent(s) who submit a proposal are responsible for becoming fully informed regarding all circumstances, information, laws and any other matters that might, in any way, affect the respondent’s role and responsibilities. Any failure to become fully knowledgeable shall be at the respondent’s sole risk. EAGLE COUNTY assumes no responsibility for any interpretations made by respondents on the basis of information provided in this RFP or through any other source. 11. All respondents must include a fully executed Statement of Qualifications Form with their proposals. 12. All proposals will be reviewed by the EAGLE COUNTY selection committee and any other review as determined to be necessary. Respondents may be asked to supplement their initial proposals with additional written material. 13. Following evaluation of the proposals received by EAGLE COUNTY, the successful respondent will be given the first right to negotiate a Preconstruction and construction Services Agreement acceptable to EAGLE COUNTY. In the event that an agreement satisfactory to EAGLE COUNTY cannot be reached, EAGLE COUNTY may enter into negotiations with one or more of the remaining respondents. The successful respondent shall commence work only after execution of an acceptable agreement and approval of insurance certificates and notice to proceed given by EAGLE COUNTY. 14. This RFP is not intended to completely define the process for the ultimate selection of the successful respondent or the contractual relationship to be entered into with the successful respondent. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 Eagle County, Colorado REQUEST FOR PROPOSALS PRE-CONSTRUCTION AND CONSTRUCTION SERVICES FOR EAGLE COUNTY EAGLE, COLORADO STATEMENT OF QUALIFICATIONS SUBMITTAL FORM THIS FORM MUST BE SUBMITTED WITH YOUR PROPOSAL TO: 3289 Cooley Mesa Road Gypsum, Colorado 81637 The undersigned, having examined the Instructions to Respondents and any and all documents related to the above referenced RFP: a. agree to comply with all conditions, requirements, and instructions of the Request for Proposals as stated or implied therein; b. Acknowledges the right of Eagle County in its sole discretion to reject any or all proposals submitted, and that an award may be made even though not the lowest cost or a short list of respondents may be identified; c. Acknowledges and agrees that the discretion of Eagle County y in selection of the successful respondents shall be final, not subject to review or attack; and d. Acknowledges that this proposal is made with full knowledge of the foregoing and full agreement thereto. By submission of this proposal, and signature below, the respondent acknowledges that the respondent has the authority to sign this Proposal Form and bind the company named below. The respondent further acknowledges that EAGLE COUNTY has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the proposal and related documents, and authorizes release to EAGLE COUNTY of any and all information sought in such inquiry or investigation. Company Name: _______________________________________ Title of Respondent: _______________________________________ Signature of Respondent: _______________________________________ DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 REQUEST FOR PROPOSALS PRE-CONSTRUCTION AND CONSTRUCTION SERVICES FOR EAGLE COUNTY OLD COURT HOUSE 2ND LEVEL REMODEL EAGLE, COLORADO I.PROJECT DESCRIPTION Eagle County is soliciting Proposals from construction manager/general contractors for preconstruction and construction and construction services for the remodel of the 2nd level of the Old Court House (the “Project”). Preconstruction and construction services to be provided include, but are not limited to, cost and schedule review along with input to include any possible value engineering, constructability, and schedule sequencing assessments during design development (the “Preconstruction and construction Services”). EAGLE COUNTY has contracted with Menendez Architects(architect), design and engineer the Project. Currently the Project is developed through the Schematic Design phase. Plan set included or attached. II. OBJECTIVE OF THE REQUEST The objective of the request is to select a highly-qualified construction manager/general contracting (CM/GC) firm to provide Preconstruction and construction Services, including, but not limited to, design collaboration, construction pricing, and schedule review/comment in order to validate the design approach, budget, and schedule assumptions for the Project. EAGLE COUNTY desires to hire the CM/GC during the design phase of the Project in order to benefit from the firm’s estimating and building experience and expertise. The successful firm will be required to work closely with EAGLE COUNTY, Eagle County Project Management and the Project Design Team in reviewing and validating the plans and provide constructability assessments, cost estimates and schedules. EAGLE COUNTY’s objective is to forge a productive and effective relationship between EAGLE COUNTY, the Project Design Team, and the selected Preconstruction and construction Services CM/GC. Upon completion of the Preconstruction and construction Services, the CM/GC will provide EAGLE COUNTY with a proposed Guaranteed Maximum Price (GMP), detailed budget and construction schedule for performance of the Construction Services as a Construction Manager-At-Risk (CM-A- R). If EAGLE COUNTY accepts the GMP, the agreement between EAGLE COUNTY and the CM/GC will be amended to include the GMP. Following execution of this amendment, a Notice to Proceed will be issued for the Construction Services. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 Notwithstanding the foregoing, EAGLE COUNTY does not represent that the Project will be constructed or that the successful respondent will be the CM/GC in the event of construction of the Project. EAGLE COUNTY, in its sole discretion, may decide not to proceed with the Project, or may decide not to proceed with the CM/GC as the CM-A-R. EAGLE COUNTY, in its sole discretion, may decide not to issue a Notice to Proceed for Construction Services for any reason or no reason at all. General information is being provided to respondents concerning the Project, the RFP process and the award of the agreement for Preconstruction and construction Services for the Project. This RFP is not intended to completely define the process for the ultimate selection of the successful respondent or the contractual relationship to be entered into by EAGLE COUNTY and the successful respondent. III. PRECONSTRUCTION AND CONSTRUCTION SERVICES The anticipated Preconstruction and construction Services Scope of Work is set forth below. The final Scope of Work will be collaboratively developed and agreed upon by the successful respondent and EAGLE COUNTY during fee negotiations. 1. Consult, advise, and make recommendation to EAGLE COUNTY and the Project Design Team on all aspects of planning for the Project. 2. Attend biweekly design development progress meetings. 3. Provide cost analysis comparisons of various material or design options as requested. 4. Provide value engineering services through technical review and analysis of alternative design. 5. Evaluate alternatives on the basis of cost, schedule, labor and materials availability, construction feasibility, sustainability and energy efficiency, warranties, projected life expectancy, and others as appropriate. 6. Validate or redefine costs as provided by the design cost estimates at 50% and 100% Design Development. 7. Review design details for accuracy and comprehensiveness. 8. Provide schedule review and sequencing insight. 9. Assist in the development of the Final Construction Schedule. IV. SELECTION CRITERIA FOR REQUEST FOR PROPOSALS: Respondents should address each of the evaluation criteria listed below and provide specific examples of projects they have undertaken that demonstrate their qualifications. These criteria are not listed in any order of evaluation priority and are a non-exhaustive list. EAGLE COUNTY may seek additional information or perform further investigations as it deems necessary. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 A. General Approach to the Project: Provide a narrative or other form to explain your firm’s intended approach to the overall Project. Identify who will be directly involved with the Project and how much time each person will be available to meet with the Project team. Describe the roles of each member of your proposed team. B. Experience: Each firm will be evaluated based on its overall experience providing preconstruction and construction and construction services for affordable and sustainable/efficient housing projects, experience with residential and civil construction within Eagle County and or other rural resort regions and mountain environments. Evaluation of experience will include the following: 1. Resumes of the proposed members of the project management team who will be committed to the Project, both for Preconstruction and construction Services and for possible Construction Services. Resumes must include a description of the person’s qualifications and past experience with similar projects. 2. The firm’s experience in the preconstruction and construction and construction process of affordable and sustainable/efficient residential construction. C. Schedule: Identify your firm’s ability to undertake and complete the Project in a timely manner. The Preconstruction and construction Services will commence upon execution of an agreement anticipated by March 2023. D. Budget/Pricing: Respondents should submit hourly rates for all team members for preconstruction and construction services. Additionally, please provide the firm’s general conditions. E. References: Please provide three (3) references from current customers receiving the same or similar services. Include name of entity, contact person, telephone number and email address. F. Practices and Procedures: Describe your firm’s construction project management approach; quality control and assurance procedures; safety record and program; and any other pertinent factors as deemed appropriate for a project of this scope. G. Familiarity with Eagle County: Provide a narrative describing your firm’s familiarity with EAGLE COUNTY, Eagle County construction conditions, codes and practices. H. Legal Issues: Are any lawsuits; Federal, State, or Local tax liens; or any potential claims or liabilities pending against your firm, your team members, or the officers of the team firms at this time? If yes, please explain. Please disclose any and all claims in the past 5 years. Relative Importance 3. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 V. INSURANCE REQUIREMENTS Prior to the commencement of performance of any services for EAGLE COUNTY, the successful respondent shall furnish to EAGLE COUNTY a certificate of insurance documenting it has obtained insurance coverage for its operations on the Project, including, but not limited to the following: for workers' compensation as required by law; auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired and non-owed vehicles; Builders’ Risk Insurance in the amount of the contract sum on a replacement cost basis; and commercial general liability coverage with limits of not less than $2,000,000 each occurrence and general aggregate.   DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 29 EXHIBIT B Fee Schedule and Hourly Rates DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 Exhibit B: GM/GC Fee Structure and Hourly Rates 2/28/2023 Preconstruction Director 175$ /hr Preconstruction Manager 130$ /hr Estimator 75$ /hr Senior Project Manager 165$ /hr General Superintendent 175$ /hr Project Manager 110$ /hr Superintendent 105$ /hr Project Coordinator 65$ /hr Carpenter 75$ /hr Skilled Labor 65$ /hr Temp Labor At Cost Hourly rates are valid through 2023 and subject to an annual 5% increase thereafter General Liability Insurance 1.35% Builders Risk Insurance 0.25% GC Overhead & Profit 9.00% Preconstruction Services 1.40% Performance & Payment Bond 1.30% Total Fee 13.30% Hourly rates include the labor burden and benefits associated with such wages and salaries including but not limited to taxes, insurance, contributions, assessments, benefits such as sick leave, medical and health benefits, holidays, vacations, pensions, bonuses, vehicles, vehicle mainteance, phone, Hourly Staff Rates Fee Schedule DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 30 EXHIBIT C Preliminary Design Drawings DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 safe 2S 3N 2W 1E A-401 4W A-401 1S 1N 1W 1E A-402 2NA-402 3S 3W A-402 4NA-402 5N 5W A-402 1E A-403 2NA-403 3W A-403 4N 4W 4E A-4031SA-404 2E A-404 4W A-404 3NA-404 3NA-4044S 102A 103A 104A 105A 106A 107A 108A 109A 111A 112A 113A 114A 118A116A 124A 122A 121A 101A 101B 117A 123A 125A 126A ENTRY JANITORS STORAGE TELE/ELECT WOMEN TOILET MENS TOILET ELEVATOR HALLWAY HALLWAY WAITING/RECEPTION DHS OFFICE LACTATION ROOM IMMUNIZATION FRONT DESK STAIR 1 PROPOSED SECOND FLOOR PLAN SCALE: 3/16" = 1'-0" WALL TYPE LEGEND EXISTING PARTITION TO BE REMOVED EXISTING PARTITION TO REMAIN KEYNOTES EH COUNTER IMMUNIZATION/WIC LAB DISEASE PREVENTION ENVIRONMENTAL HEALTH OFFICE FLEX OFFICE UP OFFICE POD high top bar EXISTING CONC. PARTITION TO REMAIN PROPOSED STEEL STUD PARTITION COLLABORATION SPACE HOME VISITATION files ADMINISTRATION OFFICE ENV. HEALTH OFFICE POD COPY CENTER public copier OFFICE POD OFFICE POD meridian POLICY & PARTNERSHIPS clerestory window clerestory window101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 118 119 121 122 123 124 126 HALLWAY 117 HALLWAY 120 HALLWAY 125 cabinets cabinets R R MW gate gate 715 W. Main Street, Suite 104 Aspen, Colorado 81611 voice: 970.544.4851 email: LAM@MenendezArchitects.com Sheet number: Sheet title: Project: Print Date:Drawn By: LM & MT11/1/22 © 2022 Menendez Architects P.C. Issue:Date: 08/25/22 Revision:Date:#: Building Dept.: REVIEW EAGLE COUNTY PUBLIC HEALTH OFFICE REMODEL A-102 PROPOSED SECOND FLOOR PLAN PROGRESS SET NOT FOR CONSTRUCTION DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 NEW BASEBOARD, TYPICAL STIPPLING INDICATES AREAS OF DRYWALL, TYPICAL 3'-5"OPEN TO FRONT DESKOPEN TO EH COUNTER 3'-6"GATE SHOWN IN DASHED LINES NEW INTERIOR GLASS DOOR, USE CLEAR TEMPERED GLASS WITH FROSTED BAND AS SHOWN 2 A-502 1 A-502 NEW INTERIOR DOOR FROSTED GLASS AREAS 5'-6"2'-10"4"GATE STIPPLING INDICATES AREAS OF DRYWALL, TYPICAL OPEN TO HALLWAY 1'-8" NEW BASEBOARD, TYPICAL EXISTING DOOR 2'-10"4"2'-10"4"± 3/4" SCRIBE 6'-11"± 3/4" SCRIBE EQ EQ EQ EQEQ 4"3/4"EQ3/4"EQ2"4"2'-10"NEW BASEBOARD, TYPICAL GATE STIPPLING INDICATES AREAS OF DRYWALL, TYPICAL OPEN TO HALLWAY 1'-8" 3" TYP.1/4"3'-6"OPEN TO HALLWAY 2 A-502 1 A-502 FROSTED GLASS AREAS 5'-6"Drawn By: voice 970.544.4851 email: LAM@MenendezArchitects.com 715 W. Main Street, Suite 104 Aspen, Colorado 81611 Print Date: Sheet Title: Project: Issue:Date: Sheet Number: Revision:Date: © 2022 Menendez Architects P.C. #: Building Dept.: A-401 10/31/22 EB EAGLE COUNTY PUBLIC HEALTH OFFICE REMODEL INTERIOR ELEVATIONS PROGRESS SET NOT FOR CONSTRUCTION 3 SCALE: 1/2" = 1'-0" WEST NOTE: PROVIDE SOLID WOOD BACKING FOR ALL ACCESSORIES, SHELVING, RODS, ETC., TYPICAL THROUGHOUT SCALE: 1/2" = 1'-0" SCALE: 1/2" = 1'-0" EAST WEST WAITING/RECEPTION1 SOUTH NORTH WAITING/RECEPTION2 EH COUNTER4WAITING/RECEPTION SCALE: 1/2" = 1'-0" DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 2'-10"1'-6 1/2"3/4"3'-0"1'-6"3/4"1 1/2"2'-4 1/2"4"CAB. DOOR 1'-9"± 1" REFRIGERATOR SPACE ± 3'-3" CORNER BOX 3'-0" DOOR EQ DOOR EQ± 1" CORNER BOX 3'-0"4"1 1/2"2'-4 1/2"4"3/4"1'-6"3'-0"3/4"1'-6 1/2"2'-10"± 1" FREEZER 2'-1"1'-6"3'-0"3/4" SCRIBE 24" DEEP BASE CABINETS NEW COUNTERTOP, BACK- SPLASH AND RETURN 12" DEEP UPPER CABINETS W/ ADJUSTABLE SHELVES, TYPICAL ± 1"3'-1"1'-6"3'-0"3/4" SCRIBE EQEQEQEQ EQEQ 12" DEEP LOCKABLE UPPER CABINETS SPACE (VERIFY) NEW BASEBOARD, TYPICAL NEW INTERIOR DOOR 3" TYP.1/4" 1/4" STIPPLING INDICATES AREAS OF DRYWALL, TYPICAL REFRIGERATOR SHOWN IN DASHED LINES DOOR SHOWN IN DASHED LINES 3/4"1'-6"3'-0"3/4"1'-6 1/2"4"1 1/2"2'-4 1/2"± 3/4" SCRIBRE1'-7 1/2"1'-7 1/2"2'-6"± 3/4" SCRIBRETYP.EQ.24" DEEP BASE CABINETS NEW COUNTERTOP, BACK- SPLASH AND RETURN 12" DEEP UPPER CABINETS W/ ADJUSTABLE SHELVES, TYPICAL ± 3/4" SCRIBRE3'-3"2'-6"± 3/4" SCRIBRE ADJUSTABLE SHELVES, TYPICAL DOOR EQ DOOR EQ DOOR 1'-3" DOOR 1'-3" DOOR EQ DOOR EQ 12" DEEP LOCKABLE UPPER CABINETS 3/4" SCRIBE 3'-0"1'-9"3/4" SIDE PANEL4"2'-4 1/2"1 1/2"4"2'-10"1'-6 1/2"3/4"3'-0"1'-6"3/4"24" DEEP BASE CABINETS NEW COUNTERTOP, BACK- SPLASH AND RETURN DOOR EQ DOOR EQ 12" DEEP UPPER CABINETS W/ ADJUSTABLE SHELVES, TYPICAL 3/4"3'-0"1'-9"3/4" DOOR EQ DOOR EQ ADJUSTABLE SHELVES, TYPICAL 12" DEEP LOCKABLE UPPER CABINETS NEW BASEBOARD, TYPICAL WOOD FINISH SIDE PANEL, TYPICAL NEW INTERIOR DOOR 3" TYP. NEW BASEBOARD, TYPICAL 1'-8"5'-6"NEW INTERIOR WINDOW, USE CLEAR TEMPERED GLASS TO MATCH EXISTING 3 A-502 4 A-502 OPEN TO DISEASE PREVENTION 2'-10"4"4"2'-4 1/2"1 1/2"3/4" SCRIBE 2'-6"1'-6" 24" DEEP BASE CABINETS NEW COUNTERTOP, BACK-SPLASH AND RETURN DOOR EQ DOOR EQ TYP.EQ.STIPPLING INDICATES AREAS OF DRYWALL, TYPICAL DOOR SHOWN IN DASHED LINES 1/4"3" TYP. Drawn By: voice 970.544.4851 email: LAM@MenendezArchitects.com 715 W. Main Street, Suite 104 Aspen, Colorado 81611 Print Date: Sheet Title: Project: Issue:Date: Sheet Number: Revision:Date: © 2022 Menendez Architects P.C. #: Building Dept.: A-402 10/31/22 EB EAGLE COUNTY PUBLIC HEALTH OFFICE REMODEL INTERIOR ELEVATIONS PROGRESS SET NOT FOR CONSTRUCTION NOTE: PROVIDE SOLID WOOD BACKING FOR ALL ACCESSORIES, SHELVING, RODS, ETC., TYPICAL THROUGHOUT 4 SCALE: 1/2" = 1'-0" WEST SCALE: 1/2" = 1'-0" SCALE: 1/2" = 1'-0" NORTH SOUTH LAB1 NORTH NORTH IMMUNIZATION2 LACTATION ROOM5HALLWAY SCALE: 1/2" = 1'-0" EASTSOUTH WEST IMMUNIZATION/WIC3 WEST NORTH SCALE: 1/2" = 1'-0" DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 NEW BASEBOARD, TYPICAL STIPPLING INDICATES AREAS OF DRYWALL, TYPICAL NEW INTERIOR WINDOW, USE CLEAR TEMPERED GLASS TO MATCH EXISTING NEW INTERIOR GLASS DOOR, USE CLEAR TEMPERED GLASS WITH FROSTED BAND AS SHOWN 7'-0"3'-0"2 A-502 1 A-502 3 A-502 5 A-502 4 A-502 6 A-502 1'-6"5'-6"FROSTED GLASS AREAS 1'-6"STIPPLING INDICATES AREAS OF DRYWALL, TYPICAL NEW INTERIOR WINDOW, USE CLEAR TEMPERED GLASS TO MATCH EXISTING OPEN TO FRONT DESK NEW INTERIOR GLASS DOOR, USE CLEAR TEMPERED GLASS WITH FROSTED BAND AS SHOWN OPEN TO HALLWAY 7'-0"6"6"2'-3"NEW BASEBOARD, TYPICAL 1 A-502 3 A-502 5 A-502 4 A-502 5'-6"1'-6"FROSTED GLASS AREAS 1'-6"OPEN TO WAITING/RECEPTION NEW BASEBOARD, TYPICAL 2'-5"2'-5"3'-5"2'-3"3'-3"STIPPLING INDICATES AREAS OF DRYWALL, TYPICAL OPEN TO HALLWAY STIPPLING INDICATES AREAS OF DRYWALL, TYPICAL2'-5"2'-3"3/4"3'-0"3/4"1'-6"2'-10"1'-1 1/2" CORNER BOX 3'-0" DOOR 1'-1 1/2" FIXED 4"1 1/2"2'-4 1/2"4"2'-3"2'-3"3/4" SCRIBE DOOR EQ DOOR EQ DOOR EQ DOOR EQ 24" DEEP BASE CABINETS NEW COUNTERTOP, BACK- SPLASH AND RETURN 12" DEEP UPPER CABINETS W/ ADJUSTABLE SHELVES, TYPICAL 3/4" THICK PLASTIC LAMINATE CAP ADJUSTABLE SHELVES, TYPICAL Drawn By: voice 970.544.4851 email: LAM@MenendezArchitects.com 715 W. Main Street, Suite 104 Aspen, Colorado 81611 Print Date: Sheet Title: Project: Issue:Date: Sheet Number: Revision:Date: © 2022 Menendez Architects P.C. #: Building Dept.: A-403 10/31/22 EB EAGLE COUNTY PUBLIC HEALTH OFFICE REMODEL INTERIOR ELEVATIONS PROGRESS SET NOT FOR CONSTRUCTION HALLWAY1 SCALE: 1/2" = 1'-0" HALLWAY3 SCALE: 1/2" = 1'-0" EAST WEST NOTE: PROVIDE SOLID WOOD BACKING FOR ALL ACCESSORIES, SHELVING, RODS, ETC., TYPICAL THROUGHOUT SCALE: 1/2" = 1'-0" EAST FRONT DESK4 NORTHWEST SCALE: 1/2" = 1'-0" NORTH COPY CENTER2 DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 STIPPLING INDICATES AREAS OF DRYWALL, TYPICAL NEW BASEBOARD, TYPICAL 2'-5"3'-5"3'-3"2'-3"NEW INTERIOR WINDOW, USE CLEAR TEMPERED GLASS TO MATCH EXISTING NEW INTERIOR GLASS DOOR, USE CLEAR TEMPERED GLASS WITH FROSTED BAND AS SHOWN 7'-0"1 A-502 3 A-502 5 A-502 4 A-502 6 A-502 FROSTED GLASS AREAS 1'-6"5'-6"1'-6"NEW BASEBOARD, TYPICAL STIPPLING INDICATES AREAS OF DRYWALL, TYPICAL NEW INTERIOR WINDOW, USE CLEAR TEMPERED GLASS TO MATCH EXISTING NEW INTERIOR GLASS DOOR, USE CLEAR TEMPERED GLASS WITH FROSTED BAND AS SHOWN OPEN TO HALLWAY REFRIGERATOR SPACE ± 3'-3"1'-9"1'-6"3'-0"3'-0"3/4" SCRIBE (VERIFY)2'-10"4"4"2'-4 1/2"1 1/2"TYP.EQ.7'-0"2 A-502 1 A-502 3 A-502 5 A-502 4 A-502 DOOR EQ DOOR EQ DOOR 1'-6" DOOR 1'-6"1'-6"5'-6"1'-6"NEW BASEBOARD, TYPICAL NEW INTERIOR WINDOW, USE CLEAR TEMPERED GLASS TO MATCH EXISTING NEW INTERIOR GLASS DOOR, USE CLEAR TEMPERED GLASS WITH FROSTED BAND AS SHOWN7'-0"2 A-502 1 A-502 1'-6"5'-6"FROSTED GLASS AREAS 1'-6"STIPPLING INDICATES AREAS OF DRYWALL, TYPICAL NEW INTERIOR WINDOW, USE CLEAR TEMPERED GLASS TO MATCH EXISTING 1'-8"5'-6"GATE SHOWN IN DASHED LINES NEW INTERIOR GLASS DOOR, USE CLEAR TEMPERED GLASS WITH FROSTED BAND AS SHOWN 3 A-502 4 A-502 NEW INTERIOR DOOR Drawn By: voice 970.544.4851 email: LAM@MenendezArchitects.com 715 W. Main Street, Suite 104 Aspen, Colorado 81611 Print Date: Sheet Title: Project: Issue:Date: Sheet Number: Revision:Date: © 2022 Menendez Architects P.C. #: Building Dept.: A-404 10/31/22 EB EAGLE COUNTY PUBLIC HEALTH OFFICE REMODEL INTERIOR ELEVATIONS PROGRESS SET NOT FOR CONSTRUCTION NOTE: PROVIDE SOLID WOOD BACKING FOR ALL ACCESSORIES, SHELVING, RODS, ETC., TYPICAL THROUGHOUT HALLWAY2 SCALE: 1/2" = 1'-0" HALLWAY3 SCALE: 1/2" = 1'-0" EAST NORTH SCALE: 1/2" = 1'-0" WEST HALLWAY4 SOUTH FRONT DESK1SCALE: 1/2" = 1'-0" SOUTH DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 SOUND INSULATION NOT SHOWN 5/8" DRYWALL STEEL HEADER TRACK ALUMINUM INTERIOR FRAMING SYSTEM DOOR STOP2"1 3/4" DOOR CAULK, TYPICAL SOUND INSULATION NOT SHOWN 5/8" DRYWALL DOOR2"1 3/4" STEEL JAMB FRAMING CAULK, TYPICAL ALUMINUM INTERIOR FRAMING SYSTEM SOUND INSULATION NOT SHOWN 5/8" DRYWALL STEEL HEADER TRACK 2"ALUMINUM INTERIOR FRAMING SYSTEM CAULK, TYPICAL 5/8" DRYWALL ALUMINUM INTERIOR FRAMING SYSTEM TOP TRACK2"RUBBER / VINYL BASE ACOUSTICAL SEALANT 5 1/2" STEEL STUDS ON EDGE BOTTOM TRACK± 5 5/8"SOUND INSULATION NOT SHOWN 5/8" DRYWALL STEEL JAMB FRAMING 2"ALUMINUM INTERIOR FRAMING SYSTEM CAULK, TYPICAL ALUMINUM INTERIOR FRAMING SYSTEM WINDOW WINDOW Drawn By: voice 970.544.4851 email: LAM@MenendezArchitects.com 715 W. Main Street, Suite 104 Aspen, Colorado 81611 Print Date: Sheet Title: Project: Issue:Date: Sheet Number: Revision:Date: © 2022 Menendez Architects P.C. #: Building Dept.: A-502 10/31/22 EB EAGLE COUNTY PUBLIC HEALTH OFFICE REMODEL WINDOW/DOOR DETAILS PROGRESS SET NOT FOR CONSTRUCTION SCALE: 3" = 1'-0"1INTERIOR DOOR HEAD SCALE: 3" = 1'-0"2INTERIOR DOOR JAMB SCALE: 3" = 1'-0"3ALUMINUM INTERIOR FRAMING HEAD SCALE: 3" = 1'-0"5ALUMINUM INTERIOR FRAMING SILL SCALE: 3" = 1'-0"4ALUMINUM INTERIOR FRAMING JAMB SCALE: 3" = 1'-0"6ALUMINUM INTERIOR FRAMING MUNTIN DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 7'-0"3'-0"7'-0"3'-0"7'-0"3'-0"3'-6"4'-0" 1 3/8"3'-0"10 5/8" Drawn By: voice 970.544.4851 email: LAM@MenendezArchitects.com 715 W. Main Street, Suite 104 Aspen, Colorado 81611 Print Date: Sheet Title: Project: Issue:Date: Sheet Number: Revision:Date: © 2022 Menendez Architects P.C. #: Building Dept.: A-601 10/31/22 EB EAGLE COUNTY PUBLIC HEALTH OFFICE REMODEL SCHEDULES PROGRESS SET NOT FOR CONSTRUCTION NOTES: ... ROOM FINISH SCHEDULEROOM FINISH SCHEDULE DOOR TYPES: TYPE 'A':EXISTING TO REMAIN TYPE 'B':NEW SOLID CORE SLAB DOOR TYPE 'C':NEW 1-LITE DOOR, USE CLEAR TEMPERED GLASS TO MATCH EXISTING TYPE 'D':GATE DOOR SCHEDULEDOOR SCHEDULE 1. REVMARK MANUF. /SOURCE/MTRL.MANUFACTURER #COLOR/FINISH SIZE COMMENTSDESCRIPTION NOTES: 1. REVRM #ROOM FLOORS WALLS CEILINGS COMMENTSMTRLBASE NORTH EAST SOUTH WEST MTRL FIN.MTRL FIN.MTRL FIN.MTRL FIN.MTRL FIN. 101WAITING/RECEPTION DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 102IMMUNIZATION DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 103IMMUNIZATION/WIC ETR PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 ETR PAINT-1 104DISEASE PREVENTION ETR PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 105LACTATION ROOM DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 106ADMINISTRATION OFFICE ETR PAINT-1 ETR PAINT-1 DW-1 PAINT-1 ETR & DW-1 PAINT-1 107ENV. HEALTH DW-1 PAINT-1 ETR PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 108ENVIRONMENTAL HEALTH OFFICE DW-1 PAINT-1 ETR PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 109POLICY & PARTNERSHIPS DW-1 PAINT-1 ETR PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 110COLLABORATION SPACE DW-1 PAINT-1 ETR PAINT-1 ETR PAINT-1 DW-1 PAINT-1 111OFFICE POD DW-1 PAINT-1 ETR PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 112OFFICE POD DW-1 PAINT-1 ETR PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 113HOME VISITATION DW-1 PAINT-1 DW-1 PAINT-1 ETR PAINT-1 ETR PAINT-1 114DHS OFFICE DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 115FRONT DESK DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 116EH COUNTER DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 117HALLWAY DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 118LAB DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 119COPY CENTER DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 120HALLWAY DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 121OFFICE POD DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 122FLEX OFFICE DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 123HALLWAY DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 124OFFICE POD DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 125HALLWAY DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 126HALLWAY DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 DW-1 PAINT-1 DW-1 REVMARKLOCATION TYPE WIDTH HEIGHT THICKNESS MATERIAL FINISH FRAME FINISH HEAD JAMB SILL HARDWARE COMMENTS FINISH MATERIAL SPECIFICATIONFINISH MATERIAL SPECIFICATION NOTES: 5/8" THICKGYPSUM DRYWALL - -AMERICAN GYPSUM OR EQUIVALENT SMOOTH LEVEL 4 ETREXISTING TO REMAIN - -- -- -- - 101AWAITING/RECEPTION 101BWAITING/RECEPTION A A 102AIMMUNIZATION B 3'-0"7'-0"1 3/4"WOOD ALUMINUM SEE HARDWARE NOTE - - 103AIMMUNIZATION/WIC B 3'-0"7'-0"1 3/4"WOOD ALUMINUM - - 104ADISEASE PREVENTION C 3'-0"7'-0"1 3/4"1/A-502 - - WOOD & GLASS ALUMINUM 2/A-502 105ALACTATION ROOM B 3'-0"7'-0"1 3/4"WOOD ALUMINUM - - 106AADMINISTRATION OFFICE C 3'-0"7'-0"1 3/4"- - WOOD ALUMINUM 107AENV. HEALTH C 3'-0"7'-0"1 3/4"1/A-502 - - WOOD & GLASS ALUMINUM 2/A-502 108AENVIRONMENTAL HEALTH OFFICE C 3'-0"7'-0"1 3/4"1/A-502 - - WOOD & GLASS ALUMINUM 2/A-502 109APOLICY & PARTNERSHIPS C 3'-0"7'-0"1 3/4"1/A-502 - - WOOD & GLASS ALUMINUM 2/A-502 111AOFFICE POD C 3'-0"7'-0"1 3/4"1/A-502 - - WOOD & GLASS ALUMINUM 2/A-502 112AOFFICE POD C 3'-0"7'-0"1 3/4"1/A-502 - - WOOD & GLASS ALUMINUM 2/A-502 113AHOME VISITATION C 3'-0"7'-0"1 3/4"1/A-502 - - WOOD & GLASS ALUMINUM 2/A-502 114ADHS 0FFICE B 3'-0"7'-0"1 3/4"WOOD ALUMINUM - - 116AEH COUNTER C 3'-0"7'-0"1 3/4"1/A-502 - - WOOD & GLASS ALUMINUM 2/A-502 117AHALLWAY D 3'-0"3'-6"1 3/4"- - WOOD ALUMINUM 118ALAB B 3'-0"7'-0"1 3/4"WOOD ALUMINUM - - 121AOFFICE POD C 3'-0"7'-0"1 3/4"1/A-502 - - WOOD & GLASS ALUMINUM 2/A-502 122AFLEX OFFICE C 3'-0"7'-0"1 3/4"1/A-502 - - WOOD & GLASS ALUMINUM 2/A-502 123AHALLWAY B 3'-0"7'-0"1 3/4"1/A-502 - - WOOD & GLASS ALUMINUM 2/A-502 124AOFFICE POD C 3'-0"7'-0"1 3/4"1/A-502 - - WOOD & GLASS ALUMINUM 2/A-502 125AHALLWAY C 3'-0"7'-0"1 3/4"1/A-502 - - WOOD & GLASS ALUMINUM 2/A-502 126AHALLWAY D 3'-0"3'-6"1 3/4"- - WOOD ALUMINUM COMMENTS COUNTERTOP SCHEDULECOUNTERTOP SCHEDULE MANUFACTURERMODEL/COLORREVRM # 101 ROOM WAITING/RECEPTION (COUNTERTOP) THICKNESS 101 102IMMUNIZATION (COUNTERTOP) TEXTUREPROFILEMATERIAL 103IMMUNIZATION/WIC (COUNTERTOP) 105LACTATION ROOM (COUNTERTOP) 115FRONT DESK (COUNTERTOP) 110COLLABORATION SPACE (COUNTERTOP) NOTES: 1.ALL BUILT-UP EDGES AND CORNERS SHALL BE MITERED. 2.EASED EDGES SHALL BE NO MORE THAN 1/32" RADIUS. FINISHCOMMENTS MILLWORK SCHEDULEMILLWORK SCHEDULE DOOR STYLEVENEER MANUF.REVRM # 102 ROOM IMMUNIZATION CABINET CONST. FLUSH OVERLAY VENEER 103IMMUNIZATION/WIC SLAB/FLUSH 105LACTATION ROOM 110 118 119 COLLABORATION SPACE LAB COPY CENTER FLUSH OVERLAYSLAB/FLUSH FLUSH OVERLAYSLAB/FLUSH FLUSH OVERLAYSLAB/FLUSH FLUSH OVERLAYSLAB/FLUSH FLUSH OVERLAYSLAB/FLUSH NOTES: 1. 2. CABINET CONSTRUCTION NOTES: CABINET CONSTRUCTION: ALL ARCHITECTURAL WOODWORK IS TO COMPLY WITH AWI "CUSTOM GRADE QUALITY STANDARDS" OR BETTER. ALL PRODUCTS ARE TO BE SELECTED TO AVOID HIGH OFF-GASSING FOR UREA FORMALDEHYDE, POLYVINYL ACETATE (PVA) AND ASPHALTIC RESIN GLUES. MELAMINE SHALL COMPLY WITH NEMA LD 3 STANDARDS. CABINET BOX CONSTRUCTION: 3/4" THICK, EDGE BANDED MELAMINE (USE VENEER WHERE INDICATED ON SCHEDULE FOR OPEN SHELVING). CABINET BACK SHALL BE 1/2" THICK. 3/4" THICK FULL DEPTH ADJUSTABLE EDGE BANDED MELAMINE SHELVES. MELAMINE COLOR SHALL BE CLOSEST WHITE TO WHITE VENEER SPECIFIED. DRAWERS AND ROLLOUTS CONSTRUCTION AT ALL OTHER LOCATIONS: BLUM TANDEMBOX METAL DRAWER SYSTEM IN WHITE COLOR DOORS, PANELS AND DRAWER FRONTS: 3/4" THICK, SLAB VENEER DRAWER GUIDES WHERE TANDEMBOX NOT SPECIFIED: TBD. HINGES: TBD. BUMPERS: TBD. CABINET PULLS & ACCESSORIES: TBD. PLUMBING FIXTURE & FITTING SCHEDULEPLUMBING FIXTURE & FITTING SCHEDULE MANUFACTURERMODELREVRM # 102 103 102 102 103 ROOM IMMUNIZATION FIXTURE/FITTING SINK SINK FAUCET SINK DRAIN MODEL NO.COLOR/FINISHCOMMENTS IMMUNIZATION IMMUNIZATION 103 IMMUNIZATION/WICSINK SINK FAUCET SINK DRAIN IMMUNIZATION/WIC IMMUNIZATION/WIC 105LACTATION ROOM 105LACTATION ROOM 105LACTATION ROOM SINK SINK FAUCET SINK DRAIN 118LAB 118LAB 118LAB SINK SINK FAUCET SINK DRAIN 1. HARDWARE NOTES: WAITING/RECEPTION (COUNTERTOP) 116EH COUNTER (COUNTERTOP) 118LAB (COUNTERTOP) 119COPY CENTER (COUNTERTOP) 1 TYPE D DOOR TYPES SCALE: 1/2" = 1'-0" TYPE C TYPE BTYPE A SEE HARDWARE NOTE SEE HARDWARE NOTE SEE HARDWARE NOTE SEE HARDWARE NOTE SEE HARDWARE NOTE SEE HARDWARE NOTE SEE HARDWARE NOTE SEE HARDWARE NOTE SEE HARDWARE NOTE SEE HARDWARE NOTE SEE HARDWARE NOTE SEE HARDWARE NOTE SEE HARDWARE NOTE SEE HARDWARE NOTE SEE HARDWARE NOTE SEE HARDWARE NOTE SEE HARDWARE NOTE SEE HARDWARE NOTE SEE HARDWARE NOTE SEE HARDWARE NOTE DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 31 EXHIBIT D General Conditions and Basic Requirements DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 EXHIBIT D GENERAL CONDITIONS TO CONSTRUCTION AGREEMENT ARTICLE 1 – DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: ADDENDA: Written or graphic instruments issued prior to the opening and review of Proposals which clarify, correct, or change the bidding documents or the Contract Documents. AGREEMENT: The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. APPLICATION FOR PAYMENT: Applications for payment must be made on AIA G702 and G703 in written or electronic form. The form accepted by OWNER which is to be used by CONTRACTOR in requesting progress or final payment, and which is to include such supporting documentation as is required by the Contract Documents. ARCHITECT: Menendez Architects, or such other professional architect, or group or association of professional corporation of such approved professional architects, engineers and consultants, who have contracted with OWNER to accomplish the architectural and engineering services necessary for the Work. BONDS: Performance and payment bonds and other instruments of security. CHANGE ORDER: A written order to CONTRACTOR signed by OWNER authorizing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after the effective date of the Agreement to be signed by both Owner and Contractor. COLORADO LABOR: means as provided in C.R.S. 8-17-101 et. seq. CONTRACT DOCUMENTS: Those documents set forth in Article 7 of the Agreement. CONTRACT PRICE: The monies payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement. CONTINGENCY: means the set percentage, or stipulated sum, of the construction contract amount budgeted for unforeseen conditions or emergencies. Any expenditure of Contingency must be expressly approved in writing by OWNER. CONTRACT TIME: The number of days (computed as provided in these General Conditions), or the date stated in the Agreement for the completion of the Work. CONTRACTOR: The person, firm, or corporation with whom OWNER has entered into the Agreement. COST: means the total cost of labor, materials, provisions, supplies, fees, tests, expenses, equipment rentals, equipment purchases, insurance, supervision, engineering, clerical and accounting services, the value of the use of equipment and reasonable estimates of other DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 2 administrative costs which may be reasonably apportioned to this Project to complete in accordance with this Contract. DAY: A calendar day of twenty-four hours measured from midnight to the next midnight. DEFECTIVE: An adjective which, when modifying the word “Work,” refers to Work that is unsatisfactory, faulty or deficient, or does not meet the requirements of any inspection, test, or approval referred to in the Contract Documents, or has been damaged prior to ARCHITECT’S recommendation of final payment or prior to the guarantee period under paragraph 13.12 or prior to the expiration of any applicable statute of limitations. DRAWINGS: Graphic and pictorial portions of the Contract Documents which show the character and scope of the Work to be performed including design, location and dimension of the Work including plans, elevations, sections, details, schedules and diagrams, and which have been prepared or approved by ARCHITECT, and are referred to in the Contract Documents. EFFECTIVE DATE OF THE AGREEMENT: The date indicated in the Agreement on which it becomes effective, but, if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ENGINEER: The person, firm or corporation to be identified by OWNER. The ENIGINEER may be a department employee of OWNER who may perform all or some of the duties of ENGINEER, but in such case shall exercise his duties in conformance with the standards applicable to independent professional engineers. FIELD ORDER: A written order issued by ARCHITECT or OWNER which orders minor changes in the Work in accordance with paragraph 10.2, but which does not involve a change in the Contract Price or the Contract Time. FINAL COMPLETION: Means (a) the Work has passed all applicable inspections and Contractor has obtained all required approvals, permits, certificates and sign-offs from the appropriate agencies, including governmental authorities and utilities, (b) all Work, including all punch list Work, has been completed to Owner’s satisfaction, as evidenced by a written approval notice to Contractor from Owner’s Authorized Representative and (c) Contractor has delivered to Owner the as-built Plans, and other documentation required and cleaned the Site. GUARANTEED MAXIMUM PRICE: means that maximum amount for which the Work will be accomplished. MODIFICATION: (a) A written amendment of the Contract Documents signed by both parties, or (b) a change order. The Contract Documents may only be amended by a modification. A modification may only be issued after the effective date of the Agreement. The Contract Documents only create a contractual relationship between Owner and Contractor. NOTICE OF AWARD: The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent Successful Proposer with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. NOTICE TO PROCEED: A written notice given by OWNER to CONTRACTOR (with a copy to ARCHITECT) fixing the date on which the Contract Time will commence to run, and on which CONTRACTOR shall start to perform his obligations under the Contract Documents. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 3 OWNER: Eagle County. OWNER’S REPRESENTATIVE: The Owner’s Representative is the Eagle County Project Management Department and Kristin Degenhardt or her designee. PROJECT: The “Eagle County OCH Office” remodel. The total construction of which the Work to be provided under the Contract Documents may be the whole or a part, as indicated elsewhere in the Contract Documents. PROPOSAL: The offer or proposal of the Proposer submitted on the prescribed form setting forth the prices for the Work to be performed. SHOP DRAWINGS: All drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by CONTRACTOR, a Subcontractor, manufacturer, fabricator, supplier, or distributor to illustrate some portion of the work, and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a manufacturer, fabricator, supplier, or distributor and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. SPECIFICATIONS: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. SUBSTANTIAL COMPLETION: The Work (or a specified part thereof) has progressed to the point where, in the opinion of ARCHITECT with concurrence of OWNER as evidenced by his definitive certificate of substantial completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it was intended; or if there be no such certificate issued, when a Temporary Certificate of Occupancy is issued by the Building Permit Official or when final payment is due in accordance with paragraph 14.13. The terms “substantially complete” and “substantially completed” as applied to any Work refer to substantial completion thereof. WORK: The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing and incorporating materials and equipment into all construction, all as required by the Contract Documents or reasonably inferable therefrom and includes all labor, materials, equipment and services provided or to be provided by CONTRACTOR or to fulfill CONTRACTOR’S obligations. ARTICLE 2 – PRELIMINARY MATTERS DELIVERY OF BONDS 2.1 When Contractor delivers the executed Agreement to OWNER, CONTRACTOR shall also deliver to OWNER such bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. COPIES OF DOCUMENTS: DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 4 2.2 OWNER shall furnish to CONTRACTOR up to two (2) copies (unless otherwise specified in the Contract Documents) of the Contract Documents as are reasonable necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED: 2.3 The Contract Time will commence upon issuance of a Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the effective date of the Agreement. STARTING THE PROJECT: 2.4 CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run. BEFORE STARTING CONSTRUCTION: 2.5 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ARCHITECT and OWNER any conflict, error, or discrepancy which CONTRACTOR may discover; however, CONTRACTOR shall not be liable to OWNER or ARCHITECT for failure to report any conflict, error, or discrepancy in the Drawings or Specifications, unless CONTRACTOR had actual knowledge thereof, or should reasonably have known thereof. 2.6 Within ten days after the effective date of the Agreement (unless otherwise specified in the Contract Documents) CONTRACTOR shall submit to ARCHITECT and OWNER for review and acceptance an estimated progress schedule indicating the starting and completion dates of the various stages of the Work, a preliminary schedule of shop drawings submissions, and a preliminary schedule of values of the Work. 2.7 Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with a copy to ARCHITECT, certificates of insurance (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with Article 5 hereof. PRE-CONSTRUCTION CONFERENCE: 2.8 Within twenty days after the effective date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference will be held for review and acceptance of the schedules referred to in paragraph 2.6, to establish procedures for handling shop drawings and other submittals, and for processing applications for payment, and to establish a working understanding among the parties as to the Work. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT AND REUSE INTENT: 3.1 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. They may be altered only by a Modification. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 5 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If during the performance of the Work, CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, he shall report it to ARCHITECT and OWNER in writing at once and before proceeding with the Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ARCHITECT for failure to report any conflicts, error, or discrepancy in the Specifications or Drawings unless CONTRACTOR had actual knowledge thereof, or should reasonably have known thereof. 3.3 The Contract documents include those documents set forth in Article 7 of the Agreement. 3.4 It is the intent of the Specifications and Drawings to describe a complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well- known technical or trade meaning are used to describe work, materials, or equipment, such words shall be interpreted in accordance with such meaning. References to codes of any technical society, organization, or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, or code in effect at the time of opening of Proposals (or on the effective date of the agreement if there were no Proposals), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual, or code (whether or not specifically incorporated by reference in the contract documents) shall change the duties and responsibilities of OWNER, CONTRACTOR, or ARCHITECT, or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract Documents shall be issued by ARCHITECT with concurrence of OWNER as provided for in paragraph 9.3. 3.5 The Contract Documents will be governed by the law of the place of the Project. REUSE OF DOCUMENTS: 3.6 Neither CONTRACTOR nor any Subcontractor, manufacturer, fabricator, supplier, or distributor shall have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ARCHITECT; and they shall not reuse any of them on extensions of the Project, or any other project, without written consent of OWNER and ARCHITECT, and specific written verification or adaptation by ARCHITECT. ARTICLE 4 – AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 Intentionally Omitted. PHYSICAL CONDITIONS – INVESTIGATIONS AND REPORTS: 4.2 Reference is made to the supplementary conditions for identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, or performance of the Work which have been relied upon by ARCHITECT in the preparation of the drawings and specifications. Such reports are not part of the Contract Documents with the exception of any reports identified in Article 7 of the Agreement. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 6 UNFORESEEN PHYSICAL CONDITIONS: 4.3 CONTRACTOR shall promptly notify OWNER and ARCHITECT in writing of any subsurface or latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Contract Documents. ARCHITECT will promptly review those conditions and advise OWNER in writing if further investigation or tests are necessary. Promptly thereafter, OWNER may obtain the necessary additional investigations and tests, and furnish copies to ARCHITECT and CONTRACTOR. If ARCHITECT and OWNER find that the results of such investigations or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Documents, and which could not reasonably have been anticipated by CONTRACTOR, a change order may be issued incorporating the necessary revisions as agreed upon by the parties. REFERENCE POINTS: 4.4 OWNER shall provide engineering surveys for construction to establish reference points which in his judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified herein), shall protect and preserve the established reference points, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ARCHITECT and OWNER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for replacement or relocation of such reference points by professional qualified personnel. ARTICLE 5 – BONDS AND INSURANCE PERFORMANCE AND OTHER BONDS 5.1 CONTRACTOR shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR’S obligations under the Contract Documents. These bonds shall remain in effect at least until two years after the date of final payment, except as otherwise provided by law. CONTRACTOR shall also furnish other bonds as are required by the Contract Documents. All bonds shall be in the forms prescribed by the Contract Documents, and be executed by such sureties as (a) are licensed to conduct business in the state of Colorado, and (b) are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt, or becomes insolvent, or its right to do business is terminated in the state of Colorado, or it ceases to meet the requirements of clauses (a) and (b) of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another bond and surety, both of which shall be acceptable to OWNER. INSURANCE: 5.3 CONTRACTOR’S Liability Insurance: The CONTRACTOR shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR’S operations under the Agreement, whether such operations be by himself, DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 7 or by any Subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All such insurance shall remain in effect until final payment, and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment, and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. 5.3.1 Claims under Worker’s Compensation, disability benefits, and other similar employee benefit acts; 5.3.2 Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; 5.3.3 Claims for damage because of bodily injury, sickness or disease, or death of any person other than his employees, and claims insured by usual personal injury liability coverage; and 5.3.4 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. Worker’s Compensation insurance shall provide coverage as required by the laws of the State of Colorado. Insurance covering claims for damages to persons or property required by the preceding paragraph (except subparagraph 5.3.1) shall be in the following minimum amounts: Bodily Injury Liability: Each Person: $1,000,000 Each Accident or Occurrence: $2,000,000 Property Damage Liability: Each Accident or Occurrence: $1,000,000 Aggregate: $2,000,000 Products and completed operations aggregate $1,000,000 Employers Liability, including Occupational Disease $500,000 Any one fire $50,000 If any aggregate limit is reduced below $1,000,000 because of claims made or paid, CONTRACTOR shall immediately obtain additional insurance to restore the full aggregate limit and furnish to OWNER a certificate or other document satisfactory to OWNER showing compliance with this provision. Said insurance shall be furnished in types specified as follows: DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 8 5.3.5 CONTRACTOR’S Commercial General Liability Insurance issued to and covering the liability for damage imposed by law upon the CONTRACTOR and each Subcontractor with respect to all Work performed by them under the Agreement and covering premises operations, fire damage, independent contractors, products and completed operations, blanket Grantual liability, personal injury, and advertising liability. 5.3.6 CONTRACTOR’S Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the CONTRACTOR and each Subcontractor with respect to all Work under the Agreement performed for the CONTRACTOR by Subcontractors. 5.3.7 Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon the CONTRACTOR and each Subcontractor arising between the date of final cessation of the Work, and the date of final acceptance thereof out of that part of the Work performed by each. 5.3.8 Comprehensive Automobile Insurance covering any auto (including owned, hired and non-owned autos) shall be carried with a minimum limit of $1,000,000.00 each accident combined single limit. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 5.3.9 Employer’s Liability Insurance covering all of CONTRACTOR’s and any Subcontractor’s employees acting within the course and scope of their employment. 5.3.10 The CONTRACTOR shall in addition, and in the amounts required under the above, obtain Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the OWNER with respect to all operations under the Agreement by the CONTRACTOR or his Subcontractors, including omissions and supervisory acts by the OWNER. 5.4 Comprehensive Risk Policy Option: In lieu of the several policies specified for CONTRACTOR’S Liability Insurance, a comprehensive liability and property damage insurance policy inclusive of all the insurance and requirements hereinafter set forth, with an umbrella covering of $2,000,000, subject to the approval of the OWNER, will be permissible. 5.5 Subcontractor’s Insurance: Before permitting any of his Subcontractors to perform any Work under this Agreement, CONTRACTOR shall either (a) require each of his Subcontractors to procure and maintain during the life of his Subcontracts, Subcontractor’s Public Liability and Property Damage Insurance of the types and in the amounts as may be applicable to his Work, which type and amounts shall be subject to the approval of the OWNER, or (b) insure the activities of his Subcontractors in his own policy. 5.6 Builder’s Risk Insurance: CONTRACTOR shall procure and maintain, for the duration of the Work of this Project, Builder’s Risk Insurance, including the perils of fire, extended coverage (loss due to vehicles, explosion, wind, flood, riot, etc.), vandalism and malicious mischief, and special extended coverage (loss due to falling objects, collapse, water damage from faulty or leaking systems, etc.) in the full amount of the Contract Price plus the cost of authorized extras. Said amount of insurance coverage shall be considered to cover the insurable value of the Work under this Agreement which is considered not to exceed one hundred percent (100%) of the amount of this Agreement and authorized extras. Such policy shall not insure any tools r DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 9 equipment, or temporary structures erected at the site and belonging to any person or persons, or their Subcontractors who are obliged by contract with the OWNER to do Work on the Projects. Such insurance shall be placed jointly in the names of the OWNER, CONTRACTOR, and any and all Subcontractors, and any and all others obliged by contract with the OWNER to do Work on this Project and at the OWNER’s option, any other person or persons whom the OWNER deems to have an insurable interest in said property, or any part thereof, payable as their several interests may appear. CONTRACTOR shall furnish OWNER with certification of said insurance prior to commencement of any Work. Any proceeds obtained from insurance provided for by this paragraph shall be paid to and held by the OWNER as trustee. The OWNER shall have the right to withhold payment of such proceeds until such time as the Work destroyed or damaged and covered by such insurance shall be reconstructed and shall pay such proceeds on an installment basis similar to that provided for by progress payment covering the original Work. 5.7 Certificates of Insurance: Certificates of Insurance acceptable to the OWNER shall be provided to the OWNER for attachment to the Agreement. These Certificates shall contain provisions naming the OWNER as an additional insured under CONTRACTOR’S insurance, as more fully required by the General Conditions herein, and that coverage afforded under the policies will not be cancelled until at least thirty days prior written notice has been given the OWNER. CONTRACTOR and his Subcontractors shall not permit any of his Subcontractors to start Work until all required insurance has been obtained and certificates with the proper endorsements have been filed with the OWNER. Failure of the CONTRACTOR to comply with the foregoing insurance requirement shall in no way waive the OWNER’S rights hereunder. 5.8 Owner’s Liability Insurance: The OWNER, at his option, may but shall not be required to purchase and maintain such liability insurance as will protect him against claims which may arise from operations under this Agreement. Purchasing and maintaining such insurance, however, will not relieve the CONTRACTOR from purchasing and maintaining the insurance hereinbefore specified. 5.9 Loss of Use of Insurance: The OWNER, at his option, may but shall not be required to, purchase and maintain such insurance as will insure him against loss of use of his property due to fire or other hazards, however caused. 5.10 Coverage required of CONTRACTOR and any of its Subcontractors shall be primary over any insurance or self-insurance program carried by OWNER. 5.11 All insurance policies in any way related to this Agreement and secured and maintained by CONTRACTOR as required in this Article 5 shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Owner, its members, managers, agencies, institutions, organizations, officers, agents, employees and volunteers. 5.12 OWNER shall be named as additional insured on the Commercial General Liability, Automobile Liability Insurance and Completed Operations Liability Insurance policies. 5.13 CONTRACTOR shall insert a clause containing the terms of section 5.3 and all its subparts in all contracts or sub-contracts, and all Subcontractors shall purchase and maintain the insurance on the terms and conditions as set forth herein. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 10 ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES SUPERVISION AND SUPERINTENDENCE: 6.1 CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence, or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ARCHITECT except under extraordinary circumstances. The superintendent will be CONTRACTOR’S representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. 6.2.1 CONTRACTOR shall maintain and deliver to OWNER a daily job report of Work performed, notable events and incidents, weather conditions, Subcontractor’s performance, any deficiencies (and the corrective actions taken), delays, and other information that OWNER may reasonably request. 6.2.2 CONTRACTOR will participate in meetings with OWNER at a specific date, time and place established by OWNER, and to deliver all attending parties current reports on the following items: progress payment requests; requests for information-current log; change requests- current log; submittals- current log; change orders- current list; claims- pending claims, notices of claims and any plans to file claims, if applicable, project progress report, job problems and quality control review. LABOR, MATERIALS AND EQUIPMENT: 6.3 CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work, and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons, or the Work, or property at the site or adjacent thereto, and except as otherwise indicated in the supplementary conditions, if any, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime Work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER’S written consent given after prior written notice to ARCHITECT. 6.4 Colorado labor shall be employed to perform the Work to the extent of not less than eighty percent of each type or class of labor in the several classifications of skilled and common labor employed on the Project. “Colorado labor” means any person who is a resident of the State of Colorado, at the time of employment, without discrimination as to race, color, creed, sex, age, or religion except when sex or age is a bona fide occupational qualification. 6.5 CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, and DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 11 sanitary facilities, and all other facilities and incidentals necessary for the execution, testing, initial operation, and completion of Work. 6.6 All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by ARCHITECT, CONTRACTOR shall furnish satisfactory evidence (including reports of required test) as to the kind and quality of materials and equipment. 6.7 All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier, or distributor, except as otherwise provided in the Contract Documents. 6.8 CONTRACTOR shall replace supervision personnel as-needed based upon OWNER’s assessment that the Project is not adequately staffed or the Work is not progressing adequately. 6.9 CONTRACTOR shall at all times maintain a full-time management and supervisory staff of competent persons at the Project site to coordinate and provide general direction of the Work and progress of Subcontractors on the Project. 6.10 CONTRACTOR agrees that only competent and skilled workmen who satisfactorily perform their duties shall be employed on the Project and CONTRACTOR shall ensure that there are an adequate and competent supply of skilled workmen and materials as necessary to carry out the Work on a continuous basis. EQUIVALENT MATERIALS AND EQUIPMENT: 6.11 Whenever materials or equipment are specified or described in the drawings or specifications by using the name of a proprietary item, or the name of a particular manufacturer, fabricator, supplier, or distributor, the naming of the item is intended to establish the type, function, and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other manufacturers, fabricators, suppliers, or distributors may be accepted by ARCHITECT and OWNER if sufficient information is submitted by CONTRACTOR to ARCHITECT and OWNER to determine that the material or equipment proposed is equivalent to that named. The procedure for review by ARCHITECT and OWNER will be as set forth in paragraphs 6.11.1 and 6.11.2 below. 6.11.1 Requests for review of substitute items of material and equipment will not be accepted by ARCHITECT or OWNER from anyone other than CONTRACTOR consistent with section 1.51 of the Basic Requirements. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to ARCHITECT and OWNER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. The application will state whether or not acceptance of the substitute for use in the Work will require a change in the drawings or specifications to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs or savings that will result directly or indirectly from acceptance of such substitute, including costs of DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 12 redesign and claims of other contractors affected by the resulting change, all of which shall be considered by ARCHITECT and OWNER in evaluating the proposed substitute. ARCHITECT may require CONTRACTOR to furnish, at CONTRACTOR'S expense, additional data about the proposed substitute. ARCHITECT and OWNER will be the sole judge of acceptability, and no substitute will be ordered or installed without ARCHITECT’S and OWNER’s prior written acceptance. OWNER may require CONTRACTOR to furnish, at CONTRACTOR’S expense, a special performance guarantee or other surety with respect to any substitute. 6.11.2 ARCHITECT will record time required by ARCHITECT and ARCHITECT'S consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the drawings or specifications occasioned thereby, whether or not ARCHITECT accepts a proposed substitute. CONTRACTOR shall reimburse OWNER for the charges of ARCHITECT and ARCHITECT'S consultants for evaluating any proposed substitute. CONCERNING SUBCONTRACTORS: 6.12 CONTRACTOR shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute, against whom OWNER or ARCHITECT may have reasonable objection. A Subcontractor or other person or organization identified in writing to OWNER and ARCHITECT by CONTRACTOR prior to the Notice of Award, and not objected to in writing by OWNER or ARCHITECT prior to the Notice of Award, will be deemed acceptable to OWNER and ARCHITECT. Acceptance of any Subcontractor, other person or organization by OWNER or ARCHITECT shall not constitute a waiver of any right of OWNER or ARCHITECT to reject defective work. If OWNER or ARCHITECT, after due investigation, has reasonable objection to any Subcontractor, or other person or organization proposed by CONTRACTOR after the Notice of Award, CONTRACTOR shall submit an acceptable substitute, and the Contract Price shall be increased or decreased by the difference in cost occasioned by such substitution, and an appropriate change order shall be issued. CONTRACTOR shall not be required to employ any Subcontractor, other person or organization against whom CONTRACTOR has reasonable objection. 6.13 CONTRACTOR shall be fully responsible for all acts and omissions of his Subcontractors, and of persons and organizations directly or indirectly employed by them, and of persons and organizations for whose acts any of them may be liable to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by CONTRACTOR. Nothing in the Contract Documents shall create a contractual relationship between OWNER or ARCHITECT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of OWNER or ARCHITECT to pay or to see to the payment of any monies due any Subcontractor, or other person or organization, except as may otherwise by required by law. OWNER or ARCHITECT may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specific Work done. 6.14 The divisions and sections of the specifications and the identifications of any drawings shall not control CONTRACTOR in dividing the Work among Subcontractors, or delineating the Work to be performed by any specific trade. 6.15 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 13 Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER and ARCHITECT. CONTRACTOR shall pay each Subcontractor a just share of any insurance monies received by CONTRACTOR on account of losses under policies issued pursuant to paragraph 5.6. PATENT FEES AND ROYALTIES: 6.16 CONTRACTOR shall pay all license fees and royalties, and assume all costs incident to the use in the performance of the Work, or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work, and if to the actual knowledge of OWNER or ARCHITECT its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ARCHITECT and anyone directly or indirectly employed by either of them from and against all claims, damages, losses, and expenses (including attorney’s fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work, or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. PERMITS: 6.17 Unless otherwise provided in the Contract Documents, CONTRACTOR shall obtain and pay for all construction permits and licenses except the OWNER will pay for the Town of Eagle Building Permit. CONTRACTOR shall obtain and pay for Eagle County licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Proposals. CONTRACTOR shall pay all charges of utility service companies for connections to the Work, and OWNER shall pay all charges of such companies for capital costs related thereto. LAWS AND REGULATIONS: 6.18 CONTRACTOR shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to the Work. If CONTRACTOR observes that the Specifications or Drawings are at variance therewith, CONTRACTOR shall give ARCHITECT and OWNER prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Modification. If CONTRACTOR performs any Work knowing, or having reason to know, that it is contrary to such laws, ordinances, rules, and regulations, and without such notice to ARCHITECT and OWNER, CONTRACTOR shall bear all costs arising therefrom; however, it shall not be CONTRACTOR'S primary responsibility to make certain that the Specifications and Drawings are in accordance with such laws, ordinances, rules, and regulations. TAXES: 6.19 CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by him in accordance with the law of the place of the Project. OWNER of this Project is Tax Exempt. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 14 USE OF PREMISES: 6.20 CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workmen to areas permitted by law, ordinances, permits, or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. 6.21 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the Work. At the completion of the Work, CONTRACTOR shall remove all waste materials, rubbish, and debris from and about the premises as well as all tools, appliances, construction equipment, and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to their original condition those portions of the site not designated for alteration by the Contract Documents. 6.22 CONTRACTOR shall not load, nor permit any part of any structure to be loaded, in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.23 CONTRACTOR shall be responsible for removing all water and or mud interfering with the Work. 6.24 CONTRACTOR shall perform the Work so as not to interfere with or disrupt the business operations of any adjacent businesses. 6.25 Intentionally Omitted. 6.26 CONTRACTOR will locate all underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any easements containing such facilities, including those that convey electricity, gasses, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems which shall collectively be known as the “Underground Facilities” prior to performing the Work. Unless it is otherwise expressly provided in the Contract Documents; 6.26.1 OWNER shall not be responsible for providing any information to CONTRACTOR regarding the Underground Facilities; and 6.26.2 The cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: a. Locating all Underground Facilities; b. Coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction; and c. Assurance that all safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. RECORD DOCUMENTS: 6.27 CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda, Modifications, Shop Drawings, and samples at the site in good order and annotated to show all DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 15 changes made during the construction process. These shall be available to ARCHITECT for examination and shall be delivered to ARCHITECT for OWNER upon completion of the Work. SAFETY AND PROTECTION: 6.28 CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 6.28.1 all employees and Subcontractors on the Work and other persons who may be affected thereby, 6.28.2 all the work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.28.3 other property at the site, or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property, or to protect them from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury, or loss to any property referred to in paragraph 6.28.2 or 6.28.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the sole fault of drawings or specifications, or solely to the acts or omissions of OWNER or ARCHITECT). CONTRACTOR'S duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ARCHITECT has issued a notice to OWNER and CONTRACTOR, in accordance with paragraph 14.13, that the Work is acceptable. 6.29 CONTRACTOR shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S superintendent, unless otherwise designated in writing by CONTRACTOR to OWNER. EMERGENCIES: 6.30 In emergencies affecting the safety or protection of persons, or the Work, or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ARCHITECT to OWNER, is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ARCHITECT and OWNER prompt written notice of any significant changes in the Work, or deviations from the Contract Documents caused thereby. SHOP DRAWINGS AND SAMPLES: 6.31 After checking and verifying all field measurements, CONTRACTOR shall submit to ARCHITECT for review and approval, in accordance with the accepted schedule of Shop Drawing submissions, five copies (unless otherwise specified in the Basic Requirements section DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 16 1.21 B) of all shop drawings, which shall have been checked by, and stamped with the approval of, CONTRACTOR, and identified as ARCHITECT may require. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction, and like information to enable ARCHITECT to review the information as required. 6.32 CONTRACTOR shall also submit to ARCHITECT for review and approval, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by, and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, and any pertinent catalog numbers, and the use for which intended. 6.33 At the time of each submission, CONTRACTOR shall, in writing, call ARCHITECT'S and OWNER’s attention to any deviations that the shop drawings or samples may have from the requirements of the Contract Documents. 6.34 ARCHITECT with prior approval of OWNER will review and approve, with reasonable promptness, shop drawings and samples, but ARCHITECT'S and/or OWNER’s review and approval shall be only for conformance with the design concept of the Project, and for compliance with the information given in the Contract Documents, and shall not extend to means, methods, sequences, techniques, or procedures of construction, or to safety precautions of programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make any corrections required by ARCHITECT or OWNER, and shall return the required number of corrected copies of shop drawings, and resubmit new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ARCHITECT or OWNER on previous submittals. CONTRACTOR'S stamp of approval on any shop drawing or sample shall constitute a representation to OWNER and ARCHITECT that CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, materials catalog numbers, and similar data, or assumes full responsibility for doing so, and that CONTRACTOR has reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.35 Where a Shop Drawing or sample is required by the specifications, no related Work shall be commenced until the submittal has been reviewed and approved by ARCHITECT as to Shop Drawing and ARCHITECT and OWNER as to samples 6.36 ARCHITECT'S review and approval of Shop Drawings or ARCHITECT’S and OWNER’S review and approval samples shall not relieve CONTRACTOR from responsibility for any deviations from the Contract Documents unless CONTRACTOR has, in writing, called ARCHITECT'S and /or OWNER’s attention to such deviation at the time of submission, and ARCHITECT with prior approval of OWNER has given written concurrence and approval to the specific deviation, nor shall any concurrence or approval by ARCHITECT or OWNER relive CONTRACTOR from responsibility for errors or omissions in the Shop Drawings. CONTINUING THE WORK: 6.37 CONTRACTOR shall carry on the Work and maintain the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as CONTRACTOR and OWNER may otherwise agree in writing. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 17 INDEMNIFICATION: 6.38 To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless OWNER and ARCHITECT, and their officials, agents and employees, from and against all claims, damages, liabilities, losses, and expenses including, but not limited to, attorney’s fees and costs arising out of, or resulting from, the performance or non-performance of the Work, and including, but not limited to, claims, damages, liabilities, losses, or expenses attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom or is caused, in whole or in part, by any negligent act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Nothing in the contract shall be interpreted that the OWNER waives its sovereign immunity granted under Colorado Governmental Immunity Act if applicable or other applicable law. 6.39 In any and all claims against OWNER or ARCHITECT, or any of their agents or employees, by any employee of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.38 shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any Subcontractor under worker’s compensation acts, disability benefit acts, or other employee benefit acts. 6.40 The obligations of CONTRACTOR under paragraph 6.38 shall not extend to the liability of ARCHITECT, his agents, or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specifications. ARTICLE 7 – WORK BY OTHERS 7.1 OWNER may perform additional Work related to the Project by himself, or have additional work performed by utility service companies, or let other direct contracts therefore which shall contain general conditions similar to these. CONTRACTOR shall afford the utility service companies and the other contractors who are parties to such direct contracts (or OWNER, if OWNER is performing the additional work with OWNER'S employees) reasonable opportunity for the introduction and storage of materials and equipment, and the execution of work, and shall properly connect and coordinate his work with theirs. 7.2 If any part of CONTRACTOR'S Work depends, for proper execution or results, upon the Work of any such other contractor or utility service company (or OWNER), CONTRACTOR shall inspect and promptly report to ARCHITECT and OWNER in writing any patent or apparent defects or deficiencies in such Work that render it unsuitable for such proper execution and results. CONTRACTOR'S failure to so report shall constitute an acceptance of the other Work as fit and proper for integration with CONTRACTOR'S Work, except for latent or non-apparent defects and deficiencies in the other Work. 7.3 CONTRACTOR shall do all cutting, fitting, and patching of his Work that may be required to make its several parts come together properly and integrate with such other Work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work, and will only cut or alter their work with the written consent of ARCHITECT and OWNER and the others whose work will be affected. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 18 7.4 If the performance of additional work by other contractors or utility service companies or OWNER was not noted in the Contract Documents, written notice thereof shall be given to CONTRACTOR prior to starting any such additional work. If CONTRACTOR believes that the performance of such additional work by OWNER or others involves additional expense to CONTRACTOR, or requires an extension of the Contract Time, CONTRACTOR may make a claim therefore as provided in Articles 11 and 12. ARTICLE 8 – OWNER’S RESPONSIBILITIES 8.1 OWNER shall issue communications to CONTRACTOR or through ARCHITECT. 8.2 In case of termination of the employment of ARCHITECT, OWNER shall appoint an ARCHITECT whose status under the Contract Documents shall be that of the former ARCHITECT. 8.3 OWNER and all of its employees and agents shall have the right to full access and use of the Project site. Such use shall not constitute acceptance of the Work or any part thereof, or waive any of OWNER’S rights or remedies under the Contract Documents. ARTICLE 9 – ARCHITECT’S STATUS DURING CONSTRUCTION OWNER’S REPRESENTATIVE: 9.1 The duties and responsibilities and the limitations of authority of ARCHITECT as an OWNER'S representative during construction are set forth in the Contract Documents, and shall not be extended without written consent of OWNER and ARCHITECT. Notwithstanding anything to the contrary herein, in all instances in the Contract Documents where ARCHITECT has the authority to make decisions concerning quality of and acceptance of the Work performed by CONTRACTOR the ARCHITECT shall first discuss such decision and proposed acceptance with OWNER and obtain its approval prior to communicating with the CONTRACTOR. Further, in all instances in the Contract Documents where ARCHITECT has the authority to make a decision that impacts the Project budget or Contract Price or payment to the CONTRACTOR, then ARCHITECT shall first discuss the payment or costs with OWNER and obtain its approval prior to approving any payment, additive or deductive Work. This paragraph is not intended as and shall not be a waiver of ARCHITECT’S responsibility for oversight of the Work. VISITS TO SITE: 9.2 ARCHITECT will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ARCHITECT will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ARCHITECT'S efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations, as an experienced and qualified design professional, ARCHITECT will keep OWNER informed of the progress of the Work, and will endeavor to guard OWNER against defects and deficiencies in the Work. CLARIFICATIONS AND INTERPRETATIONS: DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 19 9.3 ARCHITECT will issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents (in the form of drawings or otherwise) as ARCHITECT and OWNER may determine necessary, which shall be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or Contract Time, CONTRACTOR may make a claim therefore, as provided in Article 11 or Article 12. REJECTING DEFECTIVE WORK: 9.4 ARCHITECT after conferring and receiving approval of OWNER will have authority to disapprove or reject Work which is defective, and will also have authority to require special inspection or testing of the Work as fabricated, installed, or completed. SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS: 9.5 In connection with ARCHITECT'S responsibility for Shop Drawings and samples, see paragraphs 6.31 through 6.37 inclusive. 9.6 In connection with ARCHITECT'S responsibilities as to Change Orders see Articles 10, 11, and 12. 9.7 In connection with ARCHITECT'S responsibilities in respect to applications for payment, etc., see Article 14. PROJECT REPRESENTATION: 9.8 Intentionally Omitted. DECISIONS ON DISAGREEMENTS: 9.9 ARCHITECT will be the initial interpreter of the requirements of the Contract Documents concerning the acceptability of the Work thereunder. Claims, disputes, and other matters relating to the acceptability of the Work, or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work, shall be referred initially to ARCHITECT in writing with a request for a formal decision which ARCHITECT and OWNER will together render in writing within a reasonable time. The final decision concerning any claim, dispute or other matter relating to acceptability of the Work or interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work shall be OWNER’s. LIMITATIONS ON ARCHITECT'S RESPONSIBILITIES: 9.10 Neither ARCHITECT'S or OWNER’s authority to act under this Article 9, or elsewhere in the Contract Documents, nor any decision made by ARCHITECT or OWNER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ARCHITECT or OWNER to CONTRACTOR, any Subcontractor, any manufacturer, fabricator, supplier, or distributor, or any of their agents or employees, or any other person performing any of the Work. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 20 9.11 Whenever, in the Contract Documents, the terms “as ordered”, “as directed”, “as required”, “as allowed”, or terms of like effect or import are used, or the adjectives “reasonable”, “suitable”, “acceptable”, “proper”, or “satisfactory”, or adjectives of like effect or import are used to describe requirement, direction, review, or judgment of ARCHITECT as to the Work, it is intended that such requirement direction, review, or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective never indicates that ARCHITECT shall have authority to supervise or direct performance of the Work, or authority to undertake responsibility contrary to the provisions of paragraphs 9.12 or 9.13. 9.12 ARCHITECT and OWNER will not be responsible for CONTRACTOR'S means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ARCHITECT and OWNER will not be responsible for CONTRACTOR'S failure to perform the Work in accordance with the Contract Documents. 9.13 ARCHITECT and OWNER will not be responsible for the acts or omissions of CONTRACTOR, or of any Subcontractor, or of the agents or employees of any CONTRACTOR or Subcontractor, or of any other persons at the site or otherwise performing any of the Work. ARTICLE 10 – CHANGES IN THE WORK 10.1 Without invalidating the Agreement, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by written change orders. Upon receipt of a change order, CONTRACTOR shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any change order causes an increase or decrease in the Contract Price, or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12 on the basis of a claim made by either party. 10.2 ARCHITECT with approval of OWNER may authorize minor changes in the Work, not involving an adjustment in the Contract Price or the Contract Time, which are consistent with the overall intent of the Contract Documents. These may be accomplished by a field order, and shall be binding on OWNER, and also on CONTRACTOR who shall perform the change promptly. If CONTRACTOR believes that a field order justifies an increase in the Contract Price or Contract Time, CONTRACTOR may make a claim therefore as provided in Article 11 or Article 12. 10.3 Additional Work performed without authorization of a change order will not entitle CONTRACTOR to an increase in the Contract Price, or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.30, and except as provided in paragraph 13.9. 10.4 OWNER may execute appropriate change orders prepared by ARCHITECT covering changes in the Work which are required by OWNER, or required because of unforeseen physical conditions or emergencies, or because of uncovering Work found not to be defective, or as provided in paragraphs 11.10 or 11.11. 10.5 Intentionally Omitted. ARTICLE 11 – CHANGE OF CONTRACT PRICE DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 21 11.1 The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities, and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. 11.2 The Contract Price may only be changed by a Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered to OWNER and ARCHITECT within seven days of the occurrence of the event giving rise to the claim. Any change in the Contract Price resulting from any such claim shall first be approved by ARCHITECT and OWNER before being incorporated in a change order. 11.3 No change orders or other form of order or directive which requires additional compensable Work to be performed may be issued or be effective unless accompanied by a written assurance to the CONTRACTOR that lawful appropriations to cover the costs of the additional Work have been made. 11.4 The value of any Work covered by a change order, or of any claim for an increase or decrease in the Contract Price, shall be determined in one of the following ways: 11.4.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.10). 11.4.2 By mutual acceptance of a lump sum. 11.4.3 On the basis of the Cost of the Work (determined as provided in paragraphs 11.5 and 11.6) plus a Contractor’s Fee for overhead and profit as provided in paragraph 11.7. 11.4.4 Regardless of method for determining the value of any Work covered by a change order, the CONTRACTOR shall provide OWNER with written documentation concerning the claim, including but not limited to the specific reasons for the claim. 11.5 The term “Cost of the Work” means the sum of any and all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality for the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.6: 11.5.1 Payroll costs for employees in the direct employ of CONTRACTOR on-site in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages, plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, worker’s compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, or on Sunday or legal holidays, shall be included in the above only to the extent authorized by OWNER. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 22 11.5.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and manufacturers’ field services required in connection therewith. All cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.5.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR, and shall deliver such bids to OWNER, who will then determine, with the advice of ARCHITECT, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work, the Subcontractor’s Cost of the Work plus a fee shall be determined in the same manner as CONTRACTOR'S Cost of the Work. All Subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.5.4 Supplemental costs including the following: 11.5.4.1 The proportion of necessary transportation, travel, and subsistence expenses of CONTRACTOR'S employees incurred in discharge of duties connected with the Work. 11.5.4.2 Cost, including transportation and maintenance, of all materials, supplies, equipment, machines, appliances, office and temporary facilities at the site, and hand tools not owned by the workmen, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.5.4.3 Rentals of all construction equipment and machinery, and the parts thereof, whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ARCHITECT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.5.4.4 Intentionally Omitted. 11.5.4.5 Deposits lost for causes other than CONTRACTOR'S negligence, royalty payments, and fees for permits and licenses. 11.5.4.6 Intentionally Omitted. 11.5.4.7 Intentionally Omitted. 11.5.4.8 Intentionally Omitted. 11.5.4.9 Cost of premiums for additional bonds and insurance required because of changes in the Work. 11.6 The term “Cost of the Work” shall not include any of the following: DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 23 11.6.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorship), general managers, ARCHITECT's, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR whether at the site or in his principal or a branch office for general administration of the Work, and not specifically included in the agreed upon schedule of job classifications referred to in subparagraph 11.5.1. all of which are considered to be administrative costs covered by the Contractor’s Fee. 11.6.2 Expenses of CONTRACTOR'S principal and branch office, other than CONTRACTOR'S office at the site. 11.6.3 Any part of CONTRACTOR'S capital expenses including interest on CONTRACTOR'S capital employed for the Work, and charges against CONTRACTOR for delinquent payments. 11.6.4 Cost of premiums for all bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for additional bonds and insurance required because of changes in the Work). 11.6.5 Costs due to the negligent performance or non-performance of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable, including, but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 11.6.6 Other overhead or general expense costs of any kind, and the costs of any item not specifically and expressly included in paragraph 11.5. CONTRACTOR’S FEE: 11.7 The Contractor’s Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.7.1 A mutually acceptable fixed fee as provided in the SUPPLEMENTAL UNIT PRICING for Construction Manager/General Contractor Overhead and Profit Fee. 11.7.2. No fee shall be payable on the basis of costs itemized under paragraphs 11.5.4 and 11.6. 11.8 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined adjustment to overhead and profit shall be figured on the basis of the net increase or decrease in allowable costs, if any. ADJUSTMENT OF UNIT QUANTITIES: 11.9 Whenever the cost of any Work is to be determined based upon unit price, CONTRACTOR will submit, in form acceptable to ARCHITECT and OWNER, an itemized cost breakdown together with supporting data. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 24 11.10 Where the quantity of Work with respect to any item that is covered by a unit price differs materially and significantly from the quantity of such Work indicated in the Contract Documents, an appropriate change order (additive or deductive) may be issued on recommendation of ARCHITECT with written approval of OWNER. In no event will the unit price bid by CONTRACTOR be modified, but the quantity of any item may be increased or decreased as set forth herein. Notwithstanding the foregoing, in no event will the change modify the not to exceed the Contract Price or otherwise be modified without a change order approved by OWNER in writing. CASH ALLOWANCES: 11.11 It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents, and shall cause the Work so covered to be done by such Subcontractors, manufacturers, fabricators, suppliers, or distributors, and for such sums within the limit of the allowances as may be acceptable to ARCHITECT and OWNER. Upon final payment, the Contract Price shall be adjusted as required, and an appropriate change order issued. CONTRACTOR agrees that the original Contract Price includes such sums as CONTRACTOR deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be valid. ARTICLE 12 – CHANGE OF THE CONTRACT TIME 12.1 The Contract Time may only be changed by a change order. Any claim for an extension in the Contract Time shall be based on written notice delivered to OWNER and ARCHITECT within seven days of the occurrence of the event giving rise to the claim. Any change in the Contract Time resulting from any such claim shall be incorporated in a change order. 12.2 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of Articles 11 and 12 are CONTRACTOR'S sole remedies for delay by any cause whatsoever, including acts of OWNER. ARTICLE 13 – WARRANTY AND GUARANTEE; TESTS AND INSPECTION; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK WARRANTY AND GUARANTEE: 13.1 CONTRACTOR warrants and guarantees to OWNER and ARCHITECT that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article 13. Further, CONTRACTOR warrants to OWNER that (i) materials and equipment furnished under the Contract Documents shall be of highest quality and new unless otherwise required or permitted by the Contract Documents; (ii) the Work shall be free from defects and deficiencies; (iii) the Work shall conform to the requirements of the Contract Documents, applicable laws and applicable permits; and (iv) the Work shall be performed in a good and workman like manner. All guarantees and warranties of equipment or materials furnished to CONTRACTOR or any Subcontractor(s) by any manufacturer or supplier shall be for the benefit of OWNER. CONTRACTOR does hereby covenant, warrant and agree that it shall repair or replace any and all of the Work, together with other Work which may be displaced by such repair or replacement, without any cost to OWNER for a period of two years following the date of Substantial Completion of the Work. This DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 25 obligation shall survive both final payment for the Work or designated portion thereof and termination of this Agreement. ACCESS TO WORK: 13.2 OWNER, ARCHITECT, ENGINEER'S representatives, other representatives of OWNER, testing agencies, and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspection and testing. CONTRACTOR shall provide proper and safe conditions for such access. TESTS AND INSPECTIONS: 13.3 CONTRACTOR shall give ARCHITECT and OWNER timely notice of readiness of Work for all required inspections, tests or approvals. 13.4 If any law, ordinance, rule, regulation, code, or order of any public body having jurisdiction requires any Work (or part thereof) to specifically be inspected, tested, or approved, CONTRACTOR shall assume full responsibility therefore, pay all costs in connection therewith, and furnish ARCHITECT and OWNER the required certificates of inspection, testing, or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER'S or ARCHITECT'S acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR'S purchase thereof for incorporation of the Work. The cost of all other inspections, tests, and approvals required by the Contract Documents shall be paid by OWNER (unless otherwise specified). 13.5 Any inspections, tests, or approvals, other than those required by law, ordinance, rule, regulation, code, or order of any public body having jurisdiction, shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by ARCHITECT if so specified). 13.6 If any Work that is to be inspected, tested, or approved is covered without written concurrence of ARCHITECT and OWNER, it must, if requested by ARCHITECT or OWNER, be uncovered for observation. Such uncovering shall be at CONTRACTOR'S expense, unless CONTRACTOR has given ARCHITECT and OWNER timely notice of CONTRACTOR'S intention to cover such Work and ARCHITECT or OWNER has not acted with reasonable promptness in response to such notice. 13.7 Neither observations by ARCHITECT or OWNER nor inspections, tests, or approvals by others shall relieve CONTRACTOR from his obligations to perform the Work in accordance with the Contract Documents. UNCOVERING WORK: 13.8 If any Work is covered contrary to the written request of ARCHITECT or OWNER, it must, if requested by ARCHITECT or OWNER, be uncovered for ARCHITECT’S and OWNER’s observation and replaced at CONTRACTOR'S expense. 13.9 If ARCHITECT or OWNER considers it necessary or advisable that covered Work be observed by ARCHITECT or OWNER, or inspected or tested by others, CONTRACTOR, at ARCHITECT'S or OWNER’s request, shall uncover, expose, or otherwise make available for DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 26 observation, inspection, or testing as ARCHITECT or OWNER may require, that portion of the Work in question, furnish all necessary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all the expenses of such uncovering, exposure, observation, inspection, and testing of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive change order shall be issued. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price, or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction. OWNER MAY STOP THE WORK: 13.10 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CORRECTION OR REMOVAL OF DEFECTIVE WORK: 13.11 If required by ARCHITECT or OWNER, CONTRACTOR shall promptly, without cost to OWNER and as specified by ARCHITECT or OWNER, either correct any defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ARCHITECT or OWNER, remove it from the site and replace it with non-defective Work in a manner acceptable to the ARCHITECT and OWNER. TWO YEAR CORRECTION PERIOD: 13.12 If, within two years after the date of Substantial Completion, or such longer period of time as may be prescribed by law, or by the terms of any applicable special guarantee required by the Contract Documents, or by any other specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER, and in accordance with OWNER'S written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site, and replace it with non-defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. ACCEPTANCE OF DEFECTIVE WORK: 13.13 If, instead of requiring correction or removal and replacement of defective Work, OWNER (and prior to ARCHITECT'S recommendation of final payment) prefers to accept it, OWNER may do so. In such case, if acceptance occurs prior to ARCHITECT'S recommendation of final payment, a change order shall be issued incorporating the necessary revisions in the Contract Price; or, if the acceptance occurs after such recommendation, an appropriate amount shall be paid by CONTRACTOR to OWNER. OWNER MAY CORRECT DEFECTIVE WORK: DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 27 13.14 If CONTRACTOR fails, within a reasonable time after written notice of ARCHITECT and OWNER, to proceed to correct defective Work, or to remove and replace rejected Work as required by ARCHITECT or OWNER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including any requirements of the progress schedule), OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising his rights under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all part of the site, take possession of all or part of the Work, and suspend CONTRACTOR'S services related thereto, take possession of CONTRACTOR'S tools, appliances, construction equipment, and machinery at the site, and incorporate in the Work all materials and equipment stored at the site, or for which OWNER has paid CONTRACTOR, but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER'S representatives, agents, and employees such access to the site as may be necessary to enable OWNER to exercise his rights under this paragraph. All direct and indirect costs of OWNER in exercising such rights shall be charged against CONTRACTOR in an amount verified by ARCHITECT, and a change order shall be issued incorporating the necessary revisions in the Contract Documents and a reduction in the Contract Price. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required, and all costs of repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR'S defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER'S rights hereunder. ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION SCHEDULES: 14.1 At least ten days prior to submitting the first application for a progress payment, CONTRACTOR shall (except as otherwise specified in the general requirements) submit to ARCHITECT and OWNER a progress schedule, a final schedule of Shop Drawing submissions, and, where applicable, a schedule of values of the Work. These schedules shall be satisfactory in form and substance to ARCHITECT and OWNER. The schedule of values shall include quantities and unit prices aggregating the Contract Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Upon acceptance of the schedule of values by ARCHITECT and OWNER, it shall be incorporated into a form of application for payment acceptable to ARCHITECT and OWNER. APPLICATION FOR PROGRESS PAYMENT: 14.2 At least ten days before each progress payment falls due (but not more often than once a month), CONTRACTOR shall submit to ARCHITECT and OWNER for review an application for payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the application, and accompanied by such supporting documentation as is required by the Contract Documents, and also as ARCHITECT or OWNER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the Work, but delivered and suitably stored at the site or at another location agreed to in writing, the application for payment shall also be accompanied by such data, satisfactory to OWNER, as will establish OWNER'S title to the material and equipment, and protect OWNER'S interest therein, including applicable insurance. Each subsequent application for payment shall include an affidavit of DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 28 CONTRACTOR stating that all previous progress payments received on account of the Work have been applied to discharge in full all of CONTRACTOR'S obligations reflected in prior applications for payment. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR'S WARRANTY OF TITLE: 14.3 CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any application for payment, whether incorporated in the Project or not, will pass to OWNER at the time of payment free and clear of all liens, claims, security interests, and encumbrances (hereafter in these General Conditions referred to as “Liens”). REVIEW OF APPLICATIONS FOR PROGRESS PAYMENT: 14.4 ARCHITECT will, within ten days after receipt of each application for payment, either indicate in writing a recommendation of payment and present the application to OWNER, or return the application to CONTRACTOR indicating in writing ARCHITECT'S reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application. OWNER shall, within twenty days of presentation to him of the application for payment with ARCHITECT'S recommendation, pay CONTRACTOR the amount recommended. 14.5 ARCHITECT'S recommendation of any payment requested in an application for payment will constitute a representation by ARCHITECT to OWNER that, based on ARCHITECT'S on-site observations of the Work in progress as an experienced and qualified design professional, and on ARCHITECT'S review of the application for payment, and the accompanying data and schedules, the Work has progressed to the point indicated; that, to the best of ARCHITECT'S knowledge, information, and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion, and to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in the recommendation); and, that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment, ARCHITECT will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of Work, or that the means, methods, techniques, sequences, and procedures of construction have been reviewed, or that any examination has been made to ascertain how or for what purpose CONTRACTOR has used the monies paid or to be paid to CONTRACTOR on account of the Contract Price, or that title to any Work, materials, or equipment has passed to OWNER free and clear of any Liens. 14.6 ARCHITECT'S recommendation of final payment will constitute an additional representation by ARCHITECT to OWNER that the conditions precedent to CONTRACTOR'S being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7 ARCHITECT may refuse to recommend the whole, or any part of any payment if, in his opinion, it would be incorrect to make such representations to OWNER. He may also refuse to recommend any such payment, or, because of subsequently discovered evidence, or the results of subsequent inspections or tests, nullify any such payment previously recommended to such extent as may be necessary in ARCHITECT 'S opinion to protect OWNER from loss because: 14.7.1 the work is defective, or completed Work has been damaged requiring correction or replacement, DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 29 14.7.2 written claims have been made against OWNER, or liens have been filed in connection with the Work, 14.7.3 the Contract Price has been reduced because of Modifications, 14.7.4 OWNER has been required to correct defective Work, or complete the Work in accordance with paragraph 13.14, 14.7.5 of CONTRACTOR'S unsatisfactory prosecution of the Work in accordance with the Contract Documents, or 14.7.6 CONTRACTOR'S failure to make payment to Subcontractors, or for labor, materials, or equipment. SUBSTANTIAL COMPLETION: 14.8 When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall, in writing to OWNER and ARCHITECT, certify that the entire Work is substantially complete, and request that ARCHITECT issue a certificate of substantial completion. Within a reasonable time thereafter, OWNER, CONTRACTOR, and ARCHITECT shall make an inspection of the Work to determine the status of completion. If ARCHITECT after conferring with OWNER does not consider the Work substantially complete, ARCHITECT will notify CONTRACTOR in writing giving his reasons therefor. If ARCHITECT after conferring with OWNER considers the Work substantially complete, ARCHITECT will prepare and deliver to OWNER a tentative certificate of substantial completion which shall fix the date of substantial completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which he may make written objection to ARCHITECT as to any provisions of the certificate or attached list. If, after considering such objections, ARCHITECT concludes that the Work is not substantially complete, ARCHITECT will, within fourteen days after submission of the tentative certificate to OWNER, notify CONTRACTOR in writing stating his reasons therefor. If, after consideration of OWNER’S objections, ARCHITECT considers the Work substantially complete, ARCHITECT will, within said fourteen days, execute and deliver to OWNER and CONTRACTOR a definitive certificate of substantial completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as he believes justified after consideration of any objections from OWNER. At the time of delivery of tentative certificate of substantial completion, OWNER and CONTRACTOR will mutually agree upon the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, and insurance. 14.9 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of substantial completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. PARTIAL UTILIZATION: 14.10 Use by OWNER of completed portions of the Work may be accomplished prior to substantial completion of all the Work subject to the following: DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 30 14.10.1 OWNER, at any time, may request CONTRACTOR in writing to permit OWNER to use any part of the Work which OWNER believes to be substantially complete and which may be so used without significant interference with construction of the other parts of the Work. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ARCHITECT that said part of the Work is substantially complete, and request ARCHITECT to issue a certificate of substantial completion for that part of the Work. Within a reasonable time thereafter, OWNER, CONTRACTOR, and ARCHITECT shall make an inspection of that part of the Work to determine its status of completion. If ARCHITECT after conferring with OWNER considers that part of the Work to be substantially complete, ARCHITECT will execute, and deliver to OWNER and CONTRACTOR, a certificate to that effect, fixing the date of substantial completion as to that part of the Work, attaching thereto a tentative list of items to be completed or corrected before final payment. Prior to issuing a certificate of substantial completion as to part of the Work, ARCHITECT after conferring with OWNER will deliver to OWNER and CONTRACTOR a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, and insurance for that part of the Work which shall become binding upon OWNER and CONTRACTOR at the time of issuing the definitive certificate of substantial completion as to that part of the Work, unless OWNER and CONTRACTOR shall have otherwise agreed in writing. OWNER shall have the right to exclude CONTRACTOR from any part of the Work which ARCHITECT has so certified to be substantially complete, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.10.2 In lieu of the issuance of a certificate of substantial completion as to part of the work, OWNER may take over operation of a facility constituting part of the Work, whether or not it is substantially complete, if such facility is functionally and separately usable; provided that prior to any such takeover, OWNER and CONTRACTOR have agreed as to the division of responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, correction period, heat, utilities, and insurance with respect to such facility. 14.10.3 No occupancy of part of the Work, or taking over of operations of a facility will be accomplished before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. FINAL INSPECTION: 14.11 Upon written notice from CONTRACTOR that the Work is complete, ARCHITECT will make a final inspection with OWNER and CONTRACTOR, and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. FINAL APPLICATION FOR PAYMENT: 14.12 After CONTRACTOR has completed all such corrections to the satisfaction of ARCHITECT and OWNER, and delivered all maintenance and operating instructions, schedules, guarantees, DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 31 bonds, warranties, certificates of inspection, marked-up record documents, three (3) complete bound sets of required operations and maintenance manuals and instructions, two (2) sets of as built drawings, to the extent not already furnished, one (1) copy of all corrected Shop Drawings, satisfactory evidence that all payroll, material bills and other indebtedness with the Work have been paid or otherwise satisfied, consent of surety to final payment and other documents, all as required by the Contract Documents, and after ARCHITECT and OWNER has indicated that the Work is acceptable (subject to the provisions of paragraph 14.14), CONTRACTOR may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied by all documentation called for in the Contract Documents, and such other data and schedules as ARCHITECT and OWNER may reasonably require. Payment shall be processed in accordance with C.R.S. §§ 24-91-103 and 38-26-107. Notwithstanding the foregoing, CONTRACTOR will provide complete and legally effective lien releases or waivers satisfactory to OWNER. In lieu thereof, and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, material, and equipment for which lien could be filed, and that all payrolls, material, and equipment bills, and other indebtedness connected with the Work, for which OWNER or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any Subcontractor, manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt in full, CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER. FINAL COMPLETION AND FINAL PAYMENT AND ACCEPTANCE: 14.13 If, after conferring with OWNER and on the basis of ARCHITECT'S observation of the Work during construction and final inspection, and ARCHITECT'S review of the final application for payment and accompanying documentation, all as required by Contract Documents, ARCHITECT and OWNER are satisfied that the Work has been completed and CONTRACTOR has fulfilled all of his obligations under the Contract Documents, ARCHITECT will, within ten days after receipt of the final application for payment, indicate in writing his recommendation of payment, and present the application to OWNER for payment. Thereupon, ARCHITECT will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ARCHITECT will return the application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections, and resubmit the application. If the application and accompanying documentation are appropriate as to form and substance, OWNER shall, after receipt thereof, pay CONTRACTOR in accordance with the payment procedures set forth in the Agreement, the amount recommended by ARCHITECT. CONTRACTOR’S CONTINUING OBLIGATION: 14.14 CONTRACTOR'S obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ARCHITECT, nor the issuance of a certificate of substantial completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER, nor any failure to do so, nor the issuance of a notice of acceptability by ARCHITECT pursuant to paragraph 14.13, nor any correction of defective Work by OWNER shall constitute an acceptance of Work not in DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 32 accordance with the Contract documents or a release of CONTRACTOR'S obligation to perform the Work in accordance with the Contract Documents. WAIVER OF CLAIMS: 14.15 The making and acceptance of final payment shall constitute: 14.15.1 a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled liens, from defective Work appearing after final inspection pursuant to paragraph 14.11, or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it shall not constitute a waiver by OWNER of any rights in respect of CONTRACTOR'S continuing obligations under the Contract Documents; and 14.15.2 a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION OWNER MAY SUSPEND WORK: 15.1 OWNER may, at any time and without cause, suspend the Work, or any portion thereof, for a period of not more than ninety days, by notice in writing to CONTRACTOR and ARCHITECT which shall fix the date on which Work shall be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR may, at the OWNER'S sole discretion, be allowed an increase in the Contract Price, or an extension of the Contract Time, or both, directly attributable to any suspension, if he makes a claim therefor as provided in Articles 11 and 12. 15.2 Upon the occurrence of any one or more of the following events: 15.2.1 if CONTRACTOR is adjudged bankrupt or insolvent, 15.2.2 if CONTRACTOR makes a general assignment for the benefit of creditors, 15.2.3 if a trustee or receiver is appointed for CONTRACTOR or for any of CONTRACTOR'S property, 15.2.4 if CONTRACTOR files a petition to take advantage of any debtor’s act, or to reorganize under the bankruptcy or similar laws, 15.2.5 if CONTRACTOR repeatedly fails to supply sufficient skilled workmen, or suitable materials or equipment, 15.2.6 if CONTRACTOR repeatedly fails to make prompt payments to Subcontractors, or for labor, materials, or equipment, 15.2.7 if CONTRACTOR disregards laws, ordinances, rules, regulations, or orders of any public body having jurisdiction, 15.2.8 if CONTRACTOR disregards the authority of ARCHITECT, or DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 33 15.2.9 if CONTRACTOR otherwise violates, in any substantial way, any provisions of the Contract Documents, OWNER may, after giving CONTRACTOR and his surety seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site, and take possession of the Work and of all CONTRACTOR'S tools, appliances, construction equipment, and machinery at the site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site, or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Work, including compensation for additional professional services, such excess shall be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER shall be verified by ARCHITECT and incorporated in a change order, but in finishing the Work, OWNER shall not be required to obtain the lowest figure for the Work performed. 15.3 Where CONTRACTOR'S services have been so terminated by OWNER, the termination shall not affect any rights of OWNER against CONTRACTOR then existing, or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4 Upon seven days written notice to CONTRACTOR and ARCHITECT, OWNER may, without cause and without prejudice to any other right or remedy, terminate the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and expenses sustained through the date of termination. CONTRACTOR MAY STOP WORK OR TERMINATE: 15.5 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER, or under an order of court or other public authority, or ARCHITECT fails to act on any application for payment within thirty days after it is submitted, or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ARCHITECT, terminate the Agreement and recover from OWNER payment for all Work executed through the date of termination. ARTICLE 16 – MISCELLANEOUS GIVING NOTICE: 16.1 Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual, or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. COMPUTATION OF TIME: DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 34 16.2 When any period of time is referred to in the Contract Documents by days, it shall be calendar days and be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday, or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. GENERAL: 16.3 Should OWNER or CONTRACTOR suffer injury or damage to his person or property because of any error, omission or act of the other party or of any of the other party’s employees or agents, or others for whose acts the other party is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observances of such injury or damage. 16.4 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular, but without limitation, the warranties, guarantees, and obligations imposed upon CONTRACTOR by paragraphs 6.38, 13.1, 13.11, 13.14, 14.3, and 15.2, and all of the rights and remedies available to OWNER and ARCHITECT thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guarantee, or by other provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligations, right and remedy to which they apply. All representations, warranties, and guarantees made in the Contract Documents shall survive final payment and termination or completion of this Agreement. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 Eagle County Public Health Office Remodel 10-05-22 Basic Requirements 01001 - 1 SECTION 01001 BASIC REQUIREMENTS PART 1 GENERAL 1.1 SECTION INCLUDES A. Summary: 1. Contract description. 2. Work by Owner. 3. Coordination with occupants. 4. Work restrictions. 5. Specification conventions. B. Price and Payment Procedures: 1. Cash Allowances. 2. Testing and inspection allowances. 3. Schedule of values. 4. Applications for payment. 5. Change procedures. 6. Alternates. C. Administrative Requirements: 1. Coordination. 2. Field engineering. 3. Preconstruction, preinstallation meetings. 4. Progress meetings 5. Cutting and patching. D. Submittals: 1. Submittal procedures. 2. Construction progress schedules. 3. Product data. 4. Shop drawings. 5. Samples. 6. Manufacturer’s instructions. 7. Manufacturer’s certificates. E. Quality Requirements: 1. Quality control. 2. Tolerances. 3. References. 4. Testing and inspection laboratory services. 5. Manufacturer’s field services and reports. 6. Examination. 7. Preparation. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 Eagle County Public Health Office Remodel 10-05-22 Basic Requirements 01001 - 2 F. Temporary Facilities and Controls: 1. Temporary electricity. 2. Temporary lighting for construction purposes. 3. Temporary heating and cooling. 4. Temporary ventilation. 5. Telephone service. 6. Temporary water service. 7. Temporary sanitary facilities. 8. Field offices and sheds. 9. Parking. 10. Progress cleaning and waste removal. 11. Project identification. 12. Barriers and fencing. 13. Enclosures. 14. Protection of installed work. 15. Security. 16. Environmental control. G. Product Requirements: 1. Products. 2. Delivery, handling, storage, and protection. 3. Product options. 4. Substitutions. H. Execution Requirements: 1. Closeout procedures. 2. Final cleaning. 3. Starting of systems. 4. Demonstration and instructions. 5. Testing, adjusting and balancing. 6. Protecting installed construction. 7. Project record documents. 8. Operation and maintenance data. 9. Spare parts and maintenance materials. 10. Warranties. 1.2 CONTRACT DESCRIPTION A. Work of the Project includes the interior remodeling of existing office space. B. Perform Work of Contract under a Stipulated Sum contract with Owner in accordance with Conditions of Owner-Contractor Construction Agreement. In the event of any discrepancies/conflicts between the specifications and the Construction Agreement, the Construction Agreement shall govern. 1.3 WORK BY OWNER A. Owner will not remove furnishings and stored items from affected areas. Contractor shall be responsible for disassembling (as needed) and removing all furniture and cubicle DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 Eagle County Public Health Office Remodel 10-05-22 Basic Requirements 01001 - 3 partitions, transporting them to an off-site warehouse location in Eagle, and unloading them and placing them in the warehouse. At completion of the work, contractor shall move some of the furniture back to the office space and located in place. 1.4 COORDINATION WITH OCCUPANTS A. Partial Owner Occupancy: Owner will continue to occupy spaces on floors above and below the remodel area. 1. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from Owner and approval of authorities having jurisdiction. 2. Notify Owner not less than 48 hours in advance of activities that will affect Owner's operations. 1.5 WORK RESTRICTIONS A. On-Site Work Hours: Comply with Town of Eagle permitted construction work hours which are 7:00 AM to 7:00 PM Monday – Friday and 9:00 AM to 6:00 PM Saturday and Sunday. 1.6 SPECIFICATION CONVENTIONS A. These specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words “shall be” are included by inference where a colon (:) is used within sentences or phrases 1.7 CASH ALLOWANCES A. Costs Included in Allowances: Cost of Product to Contractor or subcontractor, less applicable trade discounts. B. Costs Not Included in Allowances But Included in Contract Sum/Price: Delivery to site, applicable taxes, product handling at the site, including unloading, uncrating, and storage; protection of Products from elements and from damage and labor for installation and finishing. C. Difference in cost will be adjusted by Change Order. 1.8 TESTING AND INSPECTION ALLOWANCES A. Testing and Inspection Allowances: Not required. 1.9 SCHEDULE OF VALUES A. Submit schedule on AIA Form G703. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 Eagle County Public Health Office Remodel 10-05-22 Basic Requirements 01001 - 4 B. Submit Schedule of Values in duplicate within 15 days after date of Owner-Contractor Agreement or Notice to Proceed. 1.10 APPLICATIONS FOR PAYMENT A. Submit three copies of each application on AIA Form G702 and G703. B. Content and Format: Utilize Schedule of Values for listing items in Application for Payment. C. Payment Period: Monthly. 1.11 CHANGE PROCEDURES A. Per requirements of Owner-Contractor Construction Agreement. B. Change Order Forms: AIA G701. 1.12 ALTERNATES A. Alternates quoted on Bid Forms will be reviewed and accepted or rejected at Owner's option. B. Coordinate related Work and modify surrounding Work as required. C. Schedule of Alternates: 1. No alternates are scheduled. 1.13 COORDINATION A. Coordinate scheduling, submittals, and Work of various sections of specifications to ensure efficient and orderly sequence of installation of interdependent construction elements. B. Verify utility requirement characteristics of operating equipment are compatible with building utilities. C. Coordinate space requirements and installation of mechanical and electrical work indicated diagrammatically on Drawings. Follow routing shown for pipes, ducts, and conduit, as closely as practicable. D. In finished areas, conceal pipes, ducts, and wiring within construction. 1.14 FIELD ENGINEERING A. Establish elevations, lines, and levels and certify elevations and locations of the Work conform with Contract Documents. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 Eagle County Public Health Office Remodel 10-05-22 Basic Requirements 01001 - 5 B. Verify field measurements are as indicated on shop drawings or as instructed by manufacturer. 1.15 PRECONSTRUCTION, PREINSTALLATION MEETINGS A. Owner will schedule preconstruction meeting after Notice of Award for affected parties. B. When required in individual specification section, convene pre-installation meeting at Project site prior to commencing work of section. 1.16 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work at weekly intervals or as required by Owner-Contractor Construction Agreement. B. Preside at meetings, record minutes, and distribute copies within five days to those affected by decisions made. 1.17 CUTTING AND PATCHING A. Employ skilled and experienced installer to perform cutting and patching new Work; restore Work with new Products. B. Submit written request in advance of cutting or altering structural or building enclosure elements. C. Execute cutting, fitting, and patching to complete Work, and to: 1. Fit several parts together, to integrate with other Work. 2. Uncover Work to install or correct ill-timed Work. 3. Remove and replace defective and non-conforming Work. 4. Remove samples of installed Work for testing. 5. Provide openings in elements of Work for penetrations of mechanical and electrical Work. D. Cut masonry and concrete materials using masonry saw or core drill. Restore Work with new Products in accordance with requirements of Contract Documents. E. Fit Work tight to adjacent elements. Maintain integrity of wall, ceiling, or floor construction; completely seal voids. F. Fit Work tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces. G. Refinish surfaces to match adjacent finishes. 1.18 SUBMITTAL PROCEDURES A. Submittal form to identify Project, Contractor, subcontractor or supplier; and pertinent Contract Document references. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 Eagle County Public Health Office Remodel 10-05-22 Basic Requirements 01001 - 6 B. Apply Contractor's stamp, signed or initialed, certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information is in accordance with requirements of the Work and Contract Documents. C. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of completed Work. D. Revise and resubmit submittals as required; identify changes made since previous submittal. E. Allow two weeks turnaround time for Architect/Engineer review of submittals, including shop drawings. 1.19 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule in duplicate within 15 days after date established in Notice to Proceed for Architect/Engineer review. B. Submit revised schedules at each Progress Meeting, identifying changes since previous version. Indicate estimated percentage of completion for each item of Work at each submission. C. Submit horizontal bar chart with separate line for each section of Work, identifying first work day of each week. 1.20 PRODUCT DATA A. Product Data: 1. Submitted to Architect/Engineer for review for limited purpose of checking for conformance with information given and design concept expressed in Contract Documents. 2. After review, provide copies and distribute in accordance with SUBMITTAL PROCEDURES article and for record documents purposes as specified. B. Submit number of copies which Contractor requires, plus two copies which will be retained by Architect/Engineer. Digital (PDF format) copies are acceptable. C. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturer’s standard data to provide information unique to this project. 1.21 SHOP DRAWINGS A. Shop Drawings: 1. Submitted to Architect/Engineer for review for limited purpose of checking for conformance with information given and design concept expressed in Contract Documents. 2. After review, provide copies and distribute in accordance with SUBMITTAL PROCEDURES article and for record documents purposes as specified. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 Eagle County Public Health Office Remodel 10-05-22 Basic Requirements 01001 - 7 B. Submit number of opaque reproductions Contractor requires, plus two copies which will be retained by Architect/Engineer. Digital (PDF format) files are acceptable. 1.22 SAMPLES A. Samples for Review: 1. Submitted to Architect/Engineer for review for limited purpose of checking for conformance with information given and design concept expressed in Contract Documents. 2. After review, provide copies and distribute in accordance with SUBMITTAL PROCEDURES article and for record documents purposes as specified. B. Samples For Selection: 1. Submitted to Architect/Engineer for aesthetic, color, or finish selection. 2. Submit samples of finishes from full range of manufacturer’s standard colors, textures, and patterns for Architect/Engineer selection. 3. After review, provide copies and distribute in accordance with SUBMITTAL PROCEDURES article and for record documents purposes as specified. C. Submit samples to illustrate functional and aesthetic characteristics of Product. D. Submit samples of finishes from full range of manufacturer’s standard colors, textures, and patterns for Architect/Engineer's selection. 1.23 MANUFACTURER’S INSTRUCTIONS A. When specified in individual specification sections, submit manufacturer printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data. 1.24 MANUFACTURER’S CERTIFICATES A. When specified in individual specification sections, submit certifications by manufacturer to Architect/Engineer, in quantities specified for Product Data. B. Indicate material or Product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. 1.25 QUALITY CONTROL A. Monitor quality control over suppliers, manufacturers, Products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply with manufacturer’s instructions. C. Comply with specified standards as minimum quality for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 Eagle County Public Health Office Remodel 10-05-22 Basic Requirements 01001 - 8 1.26 TOLERANCES A. Monitor fabrication and installation tolerance control of installed Products over suppliers, manufacturers, Products, site conditions, and workmanship, to produce acceptable Work. Do not permit tolerances to accumulate. B. Comply fully with manufacturer’s tolerances. 1.27 REFERENCES A. Conform to reference standards by date of issue current as of date of Contract Documents. B. When specified reference standard conflict with Contract Documents, request clarification from Architect/Engineer before proceeding. 1.28 TESTING AND INSPECTION LABORATORY SERVICES A. Owner will appoint, employ, and pay for specified services of independent firm to perform testing and inspection. B. Independent firm will perform tests, inspections, and other services as required. C. Cooperate with independent firm; furnish samples as requested. D. Re-testing required because of non-conformance to specified requirements will be charged to Contractor. 1.29 MANUFACTURER’S FIELD SERVICES AND REPORTS A. When specified in individual specification sections, require material or Product suppliers or manufacturers to furnish qualified staff personnel to observe site conditions and to initiate instructions when necessary. B. Report observations and site decisions or instructions that are supplemental or contrary to manufacturer’s written instructions. 1.30 EXAMINATION A. Verify existing site conditions and substrate surfaces are acceptable for subsequent Work. Beginning new Work means acceptance of existing conditions. B. Verify utility services are available, of correct characteristics, and in correct location. 1.31 PREPARATION A. Clean substrate surfaces prior to applying next material or substance. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 Eagle County Public Health Office Remodel 10-05-22 Basic Requirements 01001 - 9 B. Apply manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying new material or substance in contact or bond. 1.32 TEMPORARY ELECTRICITY A. Coordinate with Owner for use of electricity and power outlets for construction operations, connections, branch wiring, distribution boxes, and flexible power cords as required. 1.33 TEMPORARY LIGHTING FOR CONSTRUCTION PURPOSES A. Provide and maintain temporary lighting for construction operations as may be needed. B. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as required. C. Permanent building lighting may be utilized during construction. Repair, clean, and replace lamps at end of construction. 1.34 TEMPORARY HEATING AND COOLING A. Provide heating and cooling devices and heat and cool as needed to maintain specified conditions for construction operations. B. Provide and pay for operation, maintenance, and regular replacement of filters and worn or consumed parts. C. Maintain minimum ambient temperature of 45 degrees F in areas where construction is in progress, unless indicated otherwise in specifications. 1.35 TEMPORARY VENTILATION A. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases. 1.36 TELEPHONE SERVICE A. Provide, maintain and pay for telephone service to site at time of project mobilization. Mobile telephones are acceptable. 1.37 TEMPORARY WATER SERVICE A. Coordinate with Owner for use of suitable quality water service required for construction operations. 1.38 TEMPORARY SANITARY FACILITIES A. Building bathroom facilities on same level as remodel may be used. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 Eagle County Public Health Office Remodel 10-05-22 Basic Requirements 01001 - 10 B. Maintain in clean and sanitary condition. 1.39 FIELD OFFICES AND SHEDS A. Not required. 1.40 PARKING A. Owner will provide two temporary parking spaces to accommodate construction personnel. Additional street parking is available. In addition, the County will provide some outdoor staging area on the north side of the building. 1.41 PROGRESS CLEANING AND WASTE REMOVAL A. Collect and maintain areas free of waste materials, debris, and rubbish. Maintain site in clean and orderly condition. 1.42 PROJECT IDENTIFICATION A. Provide as may be required by Building Department. 1.43 BARRIERS AND FENCING A. Provide barriers/partitions to prevent unauthorized entry to construction areas and to protect existing facilities and adjacent spaces from damage. May be necessary for staging area. B. Construction: Contractor's option. 1.44 ENCLOSURES A. Erect and maintain temporary partitions to prevent spread of dust and fumes. B. Erect and maintain temporary barriers and security devices. 1.45 PROTECTION OF INSTALLED WORK A. Protect installed Work and provide special protection where specified in individual specification sections. 1.46 SECURITY AND SAFETY A. Provide facilities to protect Work from unauthorized entry, vandalism, or theft. B. Provide safety training, signage, products, and traffic control services as needed to maintain project safety. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 Eagle County Public Health Office Remodel 10-05-22 Basic Requirements 01001 - 11 1.47 ENVIRONMENTAL CONTROL A. Provide methods, means, and facilities to prevent spread of noxious, toxic substances, and pollutants produced by construction operations to other parts of the building. 1.48 PRODUCTS A. Products: Means new material, machinery, components, equipment, fixtures, and systems forming the Work, but does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. 1.49 DELIVERY, HANDLING, STORAGE, AND PROTECTION A. Deliver, handle, store, and protect Products in accordance with manufacturer's instructions. 1.50 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Any Product meeting those standards or description. B. Products Specified by Naming One or More Manufacturers: Products of manufacturers named and meeting specifications, no options or substitutions allowed, except where otherwise noted. C. Products Specified by Naming One or More Manufacturers with Provision for Substitutions: Submit request for substitution for manufacturers not named. 1.51 SUBSTITUTIONS A. Substitutions for Cause: Submit requests for substitution immediately on discovery of need for change, but not later than 15 days prior to time required for preparation and review of related submittals. 1. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied: a. Requested substitution is consistent with the Contract Documents and will produce indicated results. b. Requested substitution provides sustainable design characteristics that specified product provided. c. Requested substitution will not adversely affect Contractor's construction schedule. d. Requested substitution has received necessary approvals of authorities having jurisdiction. e. Requested substitution is compatible with other portions of the Work. f. Requested substitution has been coordinated with other portions of the Work. g. Requested substitution provides specified warranty. h. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 Eagle County Public Health Office Remodel 10-05-22 Basic Requirements 01001 - 12 uniform and consistent, is compatible with other products, and is acceptable to all contractors involved. B. Substitutions for Convenience: Architect will consider requests for substitution if received within 15 days after the Notice of Award. 1. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied: a. Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Owner's additional responsibilities may include compensation to Architect for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations. b. Requested substitution does not require extensive revisions to the Contract Documents. c. Requested substitution is consistent with the Contract Documents and will produce indicated results. d. Requested substitution provides sustainable design characteristics that specified product provided. e. Requested substitution will not adversely affect Contractor's construction schedule. f. Requested substitution has received necessary approvals of authorities having jurisdiction. g. Requested substitution is compatible with other portions of the Work. h. Requested substitution has been coordinated with other portions of the Work. i. Requested substitution provides specified warranty. j. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved 1.52 CLOSEOUT PROCEDURES A. Submit written certification Contract Documents have been reviewed, Work has been inspected, and Work is complete in accordance with Contract Documents and ready for Architect/Engineer's inspection. B. Submit final Application for Payment identifying total adjusted Contract Sum/Price, previous payments, and amount remaining due. 1.53 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean interior and exterior surfaces exposed to view. Vacuum carpeted and soft surfaces. C. Clean debris from site. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 Eagle County Public Health Office Remodel 10-05-22 Basic Requirements 01001 - 13 D. Replace filters of operating equipment. E. Remove waste and surplus materials, rubbish, and construction facilities from site. 1.54 STARTING OF SYSTEMS A. Provide seven days notification prior to start-up of each item. B. Ensure each piece of equipment or system is ready for operation. C. Execute start-up under supervision of responsible persons in accordance with manufacturer’s instructions. D. Submit written report stating equipment or system has been properly installed and is functioning correctly. 1.55 DEMONSTRATION AND INSTRUCTIONS A. Demonstrate operation and maintenance of Products to Owner's personnel two weeks prior to date of Substantial Completion. B. For equipment or systems requiring seasonal operation, perform demonstration for other season within six months. C. Demonstrate start-up, operation, control, adjustment, trouble-shooting, servicing, maintenance, and shutdown of each item of equipment at agreed-upon times, at equipment location. 1.56 TESTING, ADJUSTING, AND BALANCING A. Adjust operating products and equipment to ensure smooth and unhindered operation. 1.57 PROTECTING INSTALLED CONSTRUCTION A. Provide temporary and removable protection for installed products. Control activity in immediate work area to prevent damage. B. Protect finished floors, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials. 1.58 PROJECT RECORD DOCUMENTS A. Maintain on site one set of Contract Documents to be utilized for record documents. B. Record actual revisions to the Work. Record information concurrent with construction progress. C. Specifications: Legibly mark and record at each Product section description of actual Products installed. DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 Eagle County Public Health Office Remodel 10-05-22 Basic Requirements 01001 - 14 D. Record Documents and Shop Drawings: Legibly mark each item to record actual construction. E. Submit documents to Architect/Engineer with claim for final Application for Payment. 1.59 OPERATION AND MAINTENANCE DATA A. Submit two sets prior to final inspection, bound in 8-1/2 x 11 inch text pages, three D side ring binders with durable plastic covers and one electronic (PDF format) copy. B. Prepare binder cover with printed title "OPERATION AND MAINTENANCE INSTRUCTIONS" and title of project. C. Internally subdivide binder contents with permanent page dividers, logically organized, with tab titles legibly printed under reinforced laminated plastic tabs. D. Contents: 1. Part 1: Directory, listing names, addresses, and telephone numbers of Architect/Engineer, Contractor, subcontractors, and major equipment suppliers. 2. Part 2: Operation and maintenance instructions, arranged by system. 3. Part 3: Project documents and certificates. 1.60 WARRANTIES A. Provide duplicate copies. B. Execute and assemble transferable warranty documents from subcontractors, suppliers, and manufacturers. C. Submit prior to final Application for Payment. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 32 EXHIBIT E Proposal in Response to the RFP DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 1 Contents » Click to navigate: 1. Introduction Letter 2. Executive Summary 3. About RA Nelson 4. Approach to Construction 5. Relevant Experience 6. Staffing Plan 7. References 8. General Conditions 9. Legal Record 10. Certificate of Insurance 11. Submittal Form February 2023RA Nelson Proposal: Eagle County Old Court House 2nd Floor Remodel Eagle, Colorado Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 2 February 8, 2023 Dear Kristin and Eagle County Project Team, Thank you for considering RA Nelson for preconstruction and construction services on the Eagle County Old Court House Remodel. RA Nelson is an employee-owned, full-service general contractor based out of Avon, Colorado. Our reputation for delivering and standing behind our work is unmatched. For 47 years we have been building mountain communities in Eagle County and we hope for the opportunity to work with your team. With many of our employees hailing from Eagle, we take great pride in helping improve the infrastructure that serves our local residents. We are proud to have worked with Eagle County on many projects over the years, and we hope to bring our expertise to this project as well. We also have experience working with Menendez Architects, on the Eagle County Airport Remodel as well as the Lake Creek Head Start Program building. Our Preconstruction Department is the most advanced in the region. Our staff utilizes sophisticated technology to provide detailed estimates and a thorough constructability analysis. We provide innovative ideas to better manage the budget and schedule, including alternative building practices, more sustainable solutions, and value engineering options. After the Preconstruction Services contract is fulfilled, it is our goal to bring your project to the finish line as the CM/GC. Our team will work with you to achieve your goals, ensuring quality and accuracy are exceptional every step of the way. RA Nelson has a proven track record of completing projects as they were envisioned. We are dedicated, experienced, and committed builders with the skills to deliver your project successfully, on time and on budget. If you have any additional questions, please give me a call. We appreciate your time and hope to join your team. Sincerely, Jason Morley Director of Preconstruction, Owner Cell: 970.471.3919 Jmorley@ranelson.com 51 Eagle Road #2 PO Drawer 5400 Avon, CO 81620 Creating opportunities and building lasting relationships since 1976. 51 Eagle Road #2 PO Drawer 5400 Avon, Colorado 81620 t. 970.949.5152 f. 970.949.4379 ranelson.com Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 3 »Autodesk’s Revit & Navisworks 3D Building Information Modeling Software for quantity takeoffs, conflict analy- sis, and schedule development »SolidBuilder Software for 3D framing and clash detec- tion »On Screen Takeoff (OST) for quantity takeoffs of conven- tional autoCAD drawings »Roctek Cut & Fill Software for earthmoving calculations »Precision Estimating Software for compiling the esti- mates »Asta Powerproject for scheduling »iSqFt for electronic invitations to bid and plan distribu- tion »CMiC for project management and accounting »PlanGrid for document control and information management in the field 18 Office Projects In Our Mountain Region: 1. EastWest Office Remodel, Avon 2. Eagle River Water & Sanitation District Office Remodel, Vail 3. Eagle County Treasurer Remodel, Eagle 4. Snowmass Town Hall, Snowmass Village 5. Lake Creek Early Head Start Addition, Edwards 6. Old Frisco Town Hall Renovation, Frisco 7. EagleVail Pool Reception Building, Avon 8. Edwards Ambulance Facility, Edwards 9. Western Eagle Metropolitan Recreation District Field House & Offices 10. Trinity Church Remodel & Addition, Edwards 11. Lodge at Vail Office Renovation, Vail 12. Vail Capital Partners Office, Vail 13. Chapel Square Office Remodel & Addition, Avon 14. Dobson Ice Arena Office Addition, Vail 15. Eagle County Clerk & Recorder Remodel, Eagle 16. Slifer, Smith & Frampton Building, Avon 17. Resort Data Processing Office, Avon 18. RA Nelson Corporate Office, Avon .81 Experience Modification Rate (MOD), superior to our industry peers: Our Safety Program reduces the frequency and severity of workers’ comp claims. Executive Summary Preconstruction Technology 3Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 44 ENJOYMENT Be passionate & have fun with everything we do INTEGRITY Do what we say we will do, every single time TEAMWORK Together we respect, trust & listen Our Core Values Vail Valley Aspen/Roaring Fork Valley Telluride Summit County Steamboat WHERE WE WORK ABOUT EMPLOYEE-OWNED FOUNDED 1976 47 YEARS OF EXPERIENCE Award-winning Sustainable Buildings Multi-family Residential Projects Aordable Housing Neighborhoods Interior And Exterior Renovations Parks & Rec Complexes Custom Homes Medical Educational Facilities Commercial Buildings Hotels & Spas Restaurants Tenant Finishes HOA Improvements Infrastructure WHAT WE BUILD OUR SERVICES General Contractor Construction Management Preconstruction Design/Build Upper Basin Excavating CREATING OPPORTUNITIES AND BUILDING LASTING RELATIONSHIPS SINCE 1976Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 5 5 SUPPORTED IN THE AREAS WE SERVE » OVER 150 ORGANIZATIONS SUSTAINABLE BUILDINGS » 21 LEED® STANDARD » DONATIONS OF APPLIANCES, MATERIALS & EXPERTISE TO HABITAT FOR HUMANITY » OVER $1.5 MILLION DONATED TO LOCAL ORGANIZATIONS ANNUAL VOLUNTEER HOURS » OVER 1,000 HOURS GIVING BACKTO THE MOUNTAINCOMMUNITIESBUILDWE Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 6 6 WHAT OURCLIENTS SAY CLIENTSATISFACTION "RA Nelson exhibits professionalism and expertise and is dedicated to the satisfaction of clients on every level.” Pamela Stenmark BOOTH CREEK TOWNHOUSE ASSOCATION TEAMWORK "We were very impressed with the project management that RA Nelson put at the helm." Sheri Mintz CEO, BRIGHT FUTURE FOUNDATION QUALITY & TRUST"We continued to work withRA Nelson on the remainder of our campus for two main reasons: the trustworthiness and integrity of their sta, and the overall quality of service and construction we received.” Markian FeduschakPRESIDENT, WALKING MOUNTAINS SCIENCE CENTER SUSTAINABILITY "We see a huge advantage in their team being knowledgeable and sensitive to green building techniques and materials that benet the client, their family and the planet." Kari Foster ASSOCIATES III INTERIOR DESIGN CONFRONTINGCHALLENGES "RA Nelson responds to construction challenges rationally and eciently to keep projects on schedule and budget." Todd Oppenheimer CAPITAL PROJECT MANAGER, TOWN OF VAIL COMMUNICATION "RA Nelson provided excellent communication and transparency" Nancy and Steve Crown CUSTOM HOME CLIENTS Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 7 OUR PROCESS Our Preconstruction Team is the most accurate in the mountain region. They use innovative technology to give our clients detailed estimates, design analysis and schedules. We will provide a thorough site analysis and early pricing models to check the feasibility of the project and its budget. CONCEPTUAL DESIGN With an understanding of the overall project objectives, we will start to build a detailed estimate, introduce sustainable and innovative elements, and help the team develop a sequencing plan for design, procurement, and construction. SCHEMATIC DESIGN We provide alternatives for reducing the cost without compromising the quality of your project. VALUE ENGINEERING & COST SAVINGS PRECONSTRUCTION: FORMING THE PLAN CONSTRUCTION: EXECUTING THE PLAN To review the design at each phase, we use three-dimensional digital models, acquire accurate digital take-os, and engage trade partners for feedback. We use software to resolve any conicts in the design. DESIGN DEVELOPMENT At this phase we nalize the estimate and schedule, conrm quantities, calculate cash ow requirements, recommend trade partners, and secure approvals. CONSTRUCTION DOCUMENTATION The team will be fully integrated as we move into the construction phase of your project. The most qualied trade partners will be chosen, contracts will be written, and construction will start. TRANSITION Before starting the physical work on your project, RA Nelson will ensure all permits, approvals, notications, and signage are either in place or in process. This includes identifying underground utility locations before any digging starts. PERMITTING & APPROVALS RA Nelson actively manages your construction budget and controls cost with real-time budgetary tools, monthly cost-to-complete analyses, and a comprehensive understanding of the design. COST CONTROL Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 8 POSTCONSTRUCTION : STANDING BY OUR WORK The detailed schedule created in the preconstruction phase is reviewed and updated on a weekly basis throughout construction. SCHEDULE Owner, Architect, Contractor meetings (OAC) convene weekly to ensure everyone understands where we are in the construction process and budget. A weekly trade partners meeting takes place on-site as well. Both meetings are documented and distributed so that those unable to attend can stay up to speed. COMMUNICATION RA Nelson has a strong reputation for its quality control program. We thoroughly review each assembly and review the report with all crew members. For key assemblies, mock-ups are done in advance to train the team and head o any potential issues, and the manufacturer’s technical specialist may be brought on site to review best practices. During construction, we utilize a sophisticated mobile reporting system to record eld observations and provide photo documentation of the entire project. This keeps us in step with trade partners and allows us to identify and correct deciencies and avoid costly rework and schedule delays. QUALITY CONTROL RA Nelson has developed an award-winning safety program with a dedicated Safety Manager on sta. We create a Safety & Health Management Program for each project and require all trade partners to go through a site-specic safety training program. We conduct weekly safety inspections and Toolbox Talks. SAFETY RA Nelson is responsible for coordinating building inspections with the relevant authorities. We are also here to help with any other inspections or approvals that your property may require. INSPECTIONS We want you, or a representative of your choice, to know your new project as well as we do. RA Nelson will spend whatever time is required to make sure this happens. OWNER ORIENTATION RA Nelson will provide you with an O&M manual specic to your project upon its completion. The manual outlines your project’s care and maintenance schedules and procedures, specications, as-built drawings, warranty information and important contact lists. OPERATIONS & MAINTENANCE MANUAL If warranty items arise, RA Nelson will be there for you – guaranteed. We are proud of the projects that we build and maintain relationships with our clients for life. WARRANTY Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 9 GENERAL APPROACH TEAM: The preconstruction phase will be led by Jason Morley (Director of Preconstruction) with the assistance of a Preconstruction Manager and Estimator. Our preconstruction team will be dedicated to your proj- ect during the entire preconstruction phase. The construction phase will be led by Justin Pronga (General Superintendent), Patrick Fortner (Project Manager), Josh Wallin (Project Superintendent), and TBD (Project Coordinator). Justin Pronga (General Superintendent) will be part-time throughout the duration of construction and will attend the OAC meetings. His involvement is anticipated at 8-12 hours/week. Patrick Fortner (Project Manager) will be part-time throughout the duration of construction and will be responsible for project buy-out, submit- tals, RFI’s, pay application approval, procurement/ordering of materials. Patrick’s involvement is antici- pated at 20-30 hours/week. Josh Wallin (Superintendent) will be full-time throughout the duration of construction and will be responsible for daily site management, quality control, schedule and safety. Our Project Coordinator will be part-time through the duration of construction and will be responsible for issuing Subcontract Agreements and Purchase Orders, as well as preparing monthly billings. Our construction team will be dedicated to your project during the entire construction phase. PROJECT SCHEDULE: The Preconstruction Manager shall prepare, and periodically update, a project schedule. The project schedule will include proposed activity sequences and durations, milestone dates for receipt and approval of pertinent information, submittal of the preconstruction estimates with a duration for value engineering, identification of long lead-time items, and owner’s occupancy requirements. RA Nelson is prepared to undertake and complete the Project in a timely manner. Our dedicated team is available to commence preconstruction services and subsequent construction services, anticipated to start in March of 2023. COST ESTIMATES: At intervals directed by the Owner, the preconstruction team shall prepare cost estimate with subcon- tractor competitive bidding at the various design phases until a GMP contract amount is established. The detailed estimates will be summarized on a one-page cost estimate summary with general condi- tions, contingencies, insurance, and fee for an overall estimated cost of construction. A list of qualifica- tions, pricing assumptions and exclusion will be provided with both estimates. Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 10 A completely reimagined office space inside the Seasons building, the East West “Hospitality House” includes a new kitchen and dining area, offices, conference rooms, and creative spaces including a model adventure van with a functional elevated work area. Designed for high traffic and social interaction, the kitchen has two refrigerators and microwaves, plus a large island with seating and multiple dining tables. A walk-out patio connects the space to the neighboring Slifer House. The scenic beauty of East West’s lodging portfolio is reflected in graphic wall prints and Aspen tree demi-walls. • Architect: Ideations, Inc. • Owner: East West Hospitality • Cost: $2.6m • Completed: 2022 East West “Hospitality House” Remodel AVON, COLORADO » 6,360 SF RELEVANT EXPERIENCE “I couldn’t have asked for a better team. I would work with RA Nelson over and over again, for sure.” Colleen Weiss, CEO, East West Hospitality Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 11 Located above the water sanitation plant on Gore Creek, this utility’s office was remodeled for a new customer entry, digital check-in and bill pay area. A new conference room and meeting spaces were added, along with new carpet and paint. The exterior of the building was repainted and security systems were updated. • Architect: LKSM Design • Owner: Eagle River Water & Sanitation District • Cost: $667,000 • Completed: 2022 Eagle River Water & Sanitation Office Remodel VAIL, COLORADO RELEVANT EXPERIENCE Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 12 An addition to an existing clubhouse, the Early Head Start Program and Eagle County office space included solar panels, an elevator, wood trusses, asphalt shingles, a flat roof, cementitious siding and spray foam insulation. • Owner: Eagle County • Architect: Menendez Architects • Completed: 2015 • Cost: $1.2m Lake Creek Early Head Start Program EDWARDS, COLORADO » 5,564 SF RELEVANT EXPERIENCE Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 13 A comprehensive interior and exterior remodel, this project also include a vertical expansion of the Edwards Ambulance Facility. Five new dormitories were added, plus commercial offices, meeting space and athletic facilties. A full building fire sprinkler retrofit was installed. Occupants remained on site during construction, and first responder capabilities remained fully operational for the duration of the construction. The exterior renovation included wood framing, stucco, metal siding, and metal roof. • Completed: 2013 • Cost: $2m • Owner: Eagle County Health Services District • Architect: RMT Architects Edwards Ambulance Facility EDWARDS, COLORADO » 13,000 SF RELEVANT EXPERIENCE Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 14 A municipally funded multi-governmental building that houses the Town Council Chambers, Town Manager’s Offices, Group Sales, Marketing, Finance, Building, Finance & Planning Departments, and Police Department. The underground parking structure serves as the fleet maintenance facility for the town’s vehicles. The design and construction of the Snowmass Village Town Hall incorporated the use of recycled materials and the maximization of solar gain for energy efficiencies. • Completed: 2008 • Cost: $8m • Owner: Town of Snowmass Village • Architect: Z Group Architects Snowmass Town Hall SNOWMASS VILLAGE, COLORADO » 23,000 SF RELEVANT EXPERIENCE Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 15 • Eagle County: Miller Ranch Neighborhood -- $37m Lake Creek Village Apartment Renovation -- $2.7m Lake Creek Village Exterior Remodel -- $8.5m Riverview Affordable Housing Renovation -- $6.5m Miller Ranch Childcare & Community Center -- $2.5m Edwards Ambulance Facility -- $1.8m Eagle County Treasurer Remodel -- $150,000 Red Sandstone Elementary School Playground -- $85,858 • Eagle County Schools Eagle Valley Elementary School rebuild -- $23.7m Eagle Valley Middle School Renovation -- $24m Battle Mountain High School Employee Housing -- $TBD Red Hill and Gypsum Elementary School Modulars -- $TBD • Town of Avon: Nottingham Park Tennis Courts -- $1.3m • Town of Vail: Chamonix Vail -- $15m Lionshead Transit Welcome Center -- $6.7m Dobson Ice Area Renovation -- $3.7m Stephens Park Playground -- $305,449 Ford Park Phase 1 -- $6m Ford Park Softball Shelter -- $550,000 • Red Sandstone Playground -- $365,916 Western Eagle County Metropolitan Recreation District: Edwards Fieldhouse -- $6.6m • Mountain Recreation Metropolitan District: Eagle Sports Complex -- $1.5m • Eagle-Vail Metropolitan District: Eagle-Vail Pool -- $2.5m • Eagle River Water & Sanitation District: Stillwater Employee Housing -- $10.5m Office reorganization -- $TBD • Eagle River Fire Protection District: Cordillera Fire Station -- $97,645 GOVERNMENT AGENCY EXPERIENCE • City of Aspen: Burlingame Ranch Affordable Housing -- $12.1 Wheeler Opera Housing Interior Renovation -- $3.7m Cozy Point Ranch Exterior Renovation -- $236,000 • Town of Snowmass Village: Coffey Place Affordable Housing -- $12.1m Snowmass Town Hall -- $7.9m • Snowmass Water & Sanitation District: Interior Finish -- $783,179 Overhead Doors -- $65,272 • Garfield County Public Library District: Carbondale Library -- $4m • Town of Gypsum: Gypsum Library -- $2.6m Gypsum Recreation Center Interior Repairs -- $118,688 • Basalt Rural Fire Protection District: Basalt Fire Station -- $1.2m • Town of Frisco: Old Frisco Town Hall Renovation -- $350,000 • Pitkin County: Pitkin County Fleet Management -- $225,735 Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 16 Education & Certifications B.S. Construction Management Colorado State University. Ft Collins, Colorado LEED® AP AGC Advanced Management Program CPR/First Aid Training 10-Hour OSHA Training JASON MORLEY | Director of Preconstruction Services, LEED® AP / Owner Profile Jason’s interest in construction started at a young age, watching his father build multiple homes over the years. As a graduate from Colorado State University’s Construction Management Program, Jason brings both academic and hands on experience to RA Nelson’s preconstruction department. He is proficient in Auto-CAD Revit, Asta, and Sage Timberline. As a LEED® Accredited Professional, Jason provides innovative ideas for sustainable options and alternatives. Project Experience n Walking Mountains Employee Housing Avon, Colorado $2,025,000 n Solar Vail Employee Housing Vail, Colorado $15,500,000 n Chamonix Vail Employee Housing Vail, Colorado $15,000,000 n Stillwater Employee Housing Edwards, Colorado $10,500,000 n First Chair Employee Housing Vail, Colorado $9,700,000 n Centura Studios Employee Housing Frisco, Colorado $4,000,000 n Shadow Rock Townhomes El Jebel, Colorado $17,400,000 n Torzetto Residences Vail, Colorado $8,300,000 n Walking Mountains Science Center Avon, Colorado $6,100,000 n Limelight Snowmass Hotel & Pent- house Residences (11) Snowmass Village, Colorado $55,000,000 n Lumin Residences (3) Snowmass Village, Colorado $10,500,000 n Snowmass Village Plaza Snowmass Village, Colorado $4,000,000 n The Collective Snowmass Snowmass Village, Colorado $5,900,000 n Limelight Hotel Aspen Aspen, Colorado $32,400,000 n Monarch Residences Aspen, Colorado $28,000,000 n Wildwood Lodge & Conference Center Snowmass Village, Colorado $11,000,000 n Chart House Lodge Aspen, Colorado $10,000,000 n Lionshead Transit Center Vail, Colorado $6,500,000 n Hummingbird Lodge Bachelor Gulch, Colorado $41,100,000 n Four Seasons Vail, 7 Custom Residences Vail, Colorado $8,000,000 n The Willows Vail, Colorado $27,200,000 n Village at Breckenridge Exterior Renovation Breckenridge, Colorado $15,400,000 n Vail Spa Renovation Vail, Colorado $9,200,000 n Northwoods Renovation Phase 1&2 Vail, Colorado $10,100,000 PROPOSED PROJECT TEAM Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 17 Education & Certifications B.A. in Computer Science & Mathmatics Simpson College. Indianola, Iowa Wilderness Response / Swift Water Rescue CPR / Medic First Aid Course OSHA 10-Hour Certified Training Course Certified Forklift Operator JUSTIN PRONGA | General Superintendent & Owner Profile Justin brings extensive knowledge and understanding to each project that he builds. With a vast background in building large concrete, steel and wood framed structures, Justin has the expertise and calm demeanor to handle any issue that arises before you ever knew that something wasn’t just right. Justin excels at implementing complex ideas, organizing multiple tasks and bringing a vision to reality. As a leader in the field, Justin manages the team and subcontractors on-site, ensuring that the job stays on-schedule, on budget, follows the highest safety guidelines, and that quality is met at every level of the project. As an owner of the company, Justin holds himself and his team accountable to go above and beyond the client’s expectations to get the job done. Project Experience n Born Mountain Club Copper, Colorado n A-Lift Townhomes Copper, Colorado n Ptargmigan Road Custom Home Remodel Vail, Colorado n Chamonix Vail Affordable Housing Vail, Colorado $15,000,000 n Solar Vail Employee Housing Vail, Colorado $15,500,500 n Stillwater Employee Housing Edwards, Colorado $10,500,000 n Welk Resorts Breckenridge, Colorado $51,000,000 n First Chair Employee Housing Vail, Colorado $9,600,000 n Miller Ranch Affordable Housing Edwards, Colorado $37,000,000 n Miller Ranch Community & Childcare Center Edwards, Colorado $2,000,000 n Sylvan Square Condominiums Eagle, Colorado $3,500,000 n Frontgate Townhomes Eagle, Colorado $3,500,000 n Redstone Townhomes Eagle, Colorado $2,800,000 n Gamble Street Townhomes Eagle, Colorado $3,800,000 n Northwoods Phase 2 Vail, Colorado $9,000,000 n Brookside Park Signature Lofts Avon, Colorado $9,300,000 n Vail Mountain View Residences Vail, Colorado $38,000,000 n The Willows Residences & Condominiums Vail, Colorado $27,000,000 n Northwoods Building F Renovation Vail, Colorado $1,800,000 n Manor Vail Pool Vail, Colorado $5,300,000 n Pinos del Norte Vail, Colorado $4,700,000 n Country Club of The Rockies Arrowhead, Colorado $10,000,000 n Sonnenalp Kitchens & Bar Vail, Colorado $5,900,000 n Vail Spa Renovation Vail, Colorado $10,000,000 n Sonnenalp Fitness Center Edwards, Colorado $5,300,000 PROPOSED PROJECT TEAM Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 18 Education & Certifications B.S. Construction Management Colorado State University - Fort Collins, Colorado OSHA 30, CPR Certified JOSH WALLIN | Superintendent Profile With seven years of construction experience, Josh started out working for his family’s construction company doing all types of labor from foundation work to skilled carpentry. Josh takes pride in keeping healthy relationships with all parties involved in the project. He is a responsive and effective communicator, a skill he utilizes well when managing trade partners. Josh is proficient in Autodesk, Plangrid, Revit, Asta Powerproject, OST, BIM 360, CMiC, and Bluebeam. Josh built homes for Habitat For Humanity in his hometown of Gunnison, Colorado, and is an avid whitewater kayaker. Project Experience n Eagle County Schools Employee Housing Edwards, Colorado Superintendent n Ptargmigan Road Custom Home Remodel Vail, Colorado Superintendent n Eagle River Water and Sanitation District Office Remodel Vail, Colorado Superintendent n Summit Community Care Clinic Remodel Frisco, Colorado Assistant Superintendent n Custom Home Remodel Vail, Colorado Assistant Superintendent n Denver University Commons Project Engineer Intern n Southeast Aurora Recreactional Center Project Engineer Intern PROPOSED PROJECT TEAM Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 19 Education & Certifications B.S. Architecture Washington State University. Pullman, Washington National Standard Building Contractor Colorado Licensed Architect NCARB Certificate AIA Member PATRICK FORTNER | Project Manager Profile With two decades of industry experience, Patrick successfully bridges the gap between planning and construction teams thanks to a long career in architecture and project management. A honed eye and calm communication style allow him to identify and manage potential issues early in the process. Patrick’s experience spans custom homes as well as hospitality, commercial and medical properties. Calm under pressure in his personal life as well, Patrick is a Volunteer Firefighter with Gypsum Fire and spent over a decade volunteering wtih Vail Mountain Rescue. His positions there included Director of Operations, Director of Logistics and Board Member. Patrick enjoys time outdoors with his Husky, Ivy. Project Experience n Born Mountain Club Copper, Colorado n A-Lift Townhomes Copper, Colorado n Private Cordillera Residence Edwards, Colorado Project Manager n Commercial Office Building Eagle County, Colorado Project Manager n Private Medical Treatment Facility Aurora, Colorado Project Manager n Private Residence addition and remodel Beaver Creek, Colorado Project Manager n Private Medical Treatment Facility Eagle County, Colorado Project Manager n Mountain Star Residence Renovations Avon, Colorado Project Manager n Root and Flower Restaurant Renovation Vail, Colorado Project Manager n West Vail Mall Renovation Vail, Colorado Project Manager n Wyld at The Ritz Carlton Bachelor Gulch, Colorado Project Manager n Ballesteros Residence at Northwoods Condominiums Vail, Colorado Project Manager n Vail Golf and Nordic Clubhouse Vail, Colorado Project Manager n Yacht Club Master Planning Wanda Movie City Resort Qingdao Shandong, China Project Manager n Chongli Hotel Gondola Terminal and Sub‐terrain Support Facilities Hebei, China Project Manager n Senko Residence Addition and Interior Remodel Vail, Colorado Project Manager n Private Residence Townhome Interior Remodel Beaver Creek, Colorado Project Manager n Private Residence Addition and Interior Remodel Beaver Creek, Colorado Project Manager n Bourne Residence Interior Remodel Avon, Colorado Project Manager n White Residences Interior Remodels Beaver Creek & Denver, Colorado Project Manager n Spago at The Ritz Carlton Bachelor Gulch, Colorado n Buck Creek PUD and Walking Moun- tains Site Planning Avon, Colorado n Vail Plaza Hotel Vail, Colorado n Evergreen Lodge, Planning and Reno- vation Proposal Vail, Colorado n Manor Vail Vail, Colorado PROPOSED PROJECT TEAM Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 20 COLLEEN WEISS, EastWest Hospitality | 970.790.3105 | cweiss@eastwest.com JENNA BEAIRSTO, Eagle River Water & Sanitation District | 970.477.5452 | jbeairsto@erwsd.org SANDRA FARRELL, Eagle County School District | 303.435.5939 | sandra.farrell@eagleschools.net TODD GOULDING, Goulding Development Advisors, LLC | 970.331.1732 | tgoulding@gda-co.com References REFERENCES Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 21 GENERAL CONDITIONS General Conditions - Staff Rates Preconstruction Phase Hourly Rate Senior Project Manager $165 /hr General Superintendent $175 /hr Preconstruction Director $175 /hr Preconstruction Manager $130 /hr Estimator $75 /hr Construction Phase Hourly Rate Senior Project Manager $165 /hr General Superintendent $175 /hr Project Manager $110 /hr Superintendent $105 /hr Project Coordinator $65 /hr Carpenter $75 /hr Skilled Labor $65 /hr Temp Labor At Cost Hourly rates include the labor burden and benefits associated with such wages and salaries including but not limited to taxes, insurance, contributions, assessments, benefits such as sick leave, medical and health benefits, holidays, vacations, pensions, bonuses, vehicles, vehicle mainteance, phone, ipad and incentive compensation. A full staffing budget will be prepared with the initial estimate in the preconstruction phase. Hourly rates are valid through 2023 and subject to an annual 5% increase thereafter Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 22 Lawsuits or Claims in the last 5 Years 1.11.2023 June 2020: One Aspen 101, LLC and One Aspen 201, LLC v. R.A. Nelson, LLC, et al.: Settled in mediation. May 2020: Burlingame Ranch II Condominium Assn. v. RA Nelson, et al.: Plaintiff served City of Aspen (developer) a demand for arbitration claiming construction defects on a sev- en-building, multi-unit project which RA Nelson served as the general contractor for the 2nd phase of con- struction including Building 5, 6 and 7. HOA brought a 3rd party claim against RA Nelson and others. The Arbitration/Litigation has been placed on hold until the City of Aspen’s governmental immunity defense is decided. April 2019: Commercial Design Engineering, Ltd. v. RA Nelson LLC: Settled in mediation. Legal Record LEGAL RECORD Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 23 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 11/2/2022 Cottingham &ButlerAaronKrogman800MainSt.Dubuque IA 52001 5635875000 563-583-7339 United Specialty Insurance Company 12537 RANLLC1 Arch Insurance Company 11150RANelsonLLCP.O.Box 5400AvonCO81620 128055812 A X 1,000,000 X 50,000 X 25,000 1,000,000 2,000,000 AUN2295330 11/1/2022 11/1/2023 2,000,000 BB 2,000,000 X ZACAT6604106ZAPKG6604106 11/1/202211/1/2022 11/1/202311/1/2023 A X X 10,000,000BTN224942711/1/2022 11/1/2023 10,000,000 B XZAWCI660410611/1/2022 11/1/2023 1,000,000 1,000,000 1,000,000 A Excess Umbrella BUN2240970 11/1/2022 11/1/2023 Each OccurrenceAggregate 5,000,0005,000,000 FOR INFORMATION ONLY Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173 24 Eagle County, Colorado REQUEST FOR PROPOSALS PRE-CONSTRUCTION AND CONSTRUCTION SERVICES FOR EAGLE COUNTY EAGLE, COLORADO STATEMENT OF QUALIFICATIONS SUBMITTAL FORM THIS FORM MUST BE SUBMITTED WITH YOUR PROPOSAL TO: 3289 Cooley Mesa Road Gypsum, Colorado 81637 The undersigned, having examined the Instructions to Respondents and any and all documents related to the above referenced RFP: a. agree to comply with all conditions, requirements, and instructions of the Request for Proposals as stated or implied therein; b. Acknowledges the right of Eagle County in its sole discretion to reject any or all proposals submitted, and that an award may be made even though not the lowest cost or a short list of respondents may be identified; c. Acknowledges and agrees that the discretion of Eagle County y in selection of the successful respondents shall be final, not subject to review or attack; and d. Acknowledges that this proposal is made with full knowledge of the foregoing and full agreement thereto. By submission of this proposal, and signature below, the respondent acknowledges that the respondent has the authority to sign this Proposal Form and bind the company named below. The respondent further acknowledges that EAGLE COUNTY has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the proposal and related documents, and authorizes release to EAGLE COUNTY of any and all information sought in such inquiry or investigation. Company Name: _______________________________________ Title of Respondent: _______________________________________ Signature of Respondent: _______________________________________ Digitally signed by Jason Morley DN: C=US, E=jmorley@ranelson.com, O=RA Nelson, CN=Jason Morley Date: 2023.01.11 13:34:13-07'00' RA Nelson Jason Morley, Director of Preconstruction Table of Contents DocuSign Envelope ID: 174618CB-09E0-45AC-B6EE-5ADAD23A7173