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HomeMy WebLinkAboutC25-179 RA Nelson LLC_GeothermalADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. The parties should complete A102™–2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A201™–2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA® Document A102TM – 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:53 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1112437581) 1 AGREEMENT made as of the day of April in the year 2025. (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) Eagle County, Colorado, a body corporate and politic 500 Broadway P.O. Box 850 Eagle, CO 81631 and the Contractor: (Name, legal status, address and other information) RA Nelson LLC 51 Eagle Road #2 PO Drawer 5400 Avon, CO 81620 for the following Project: (Name, location and detailed description) The construction project which is the subject matter hereof is generally described as follows: construction services for a geothermal ground loop; replacement of the existing HVAC equipment in the Eagle County Building and Old Courthouse with a high efficiency all-electric HVAC system consisting of ground source heat pumps; upgrades to the existing heating and cooling distribution system; upgraded controls; and upgraded electrical service. The Engineer: (Name, legal status, address and other information) SGM, Inc. 118 West 6th St. Ste. 200 Glenwood Springs, CO 81601 The Owner and Contractor agree as follows: Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:53 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1112437581) 2 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 RELATIONSHIP OF THE PARTIES 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 5 CONTRACT SUM 6 CHANGES IN THE WORK 7 COSTS TO BE REIMBURSED 8 COSTS NOT TO BE REIMBURSED 9 DISCOUNTS, REBATES AND REFUNDS 10 SUBCONTRACTS AND OTHER AGREEMENTS 11 ACCOUNTING RECORDS 12 PAYMENTS 13 DISPUTE RESOLUTION 14 TERMINATION OR SUSPENSION 15 MISCELLANEOUS PROVISIONS 16 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A    INSURANCE AND BONDS ARTICLE 1   THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. An enumeration of the Contract Documents, other than a Modification, appears in Article 16. The Order of Precedence of the Contract Documents shall be as follows: 1-Changes issued after the date of this Agreement. 2-This Agreement 3-Owner’s Request for Proposals dated September 26, 2024 4-Addendums to the Request for Proposals 5-Contractor’s Proposal and Basis of GMP/Qualifications 6-The attached AIA Document A201 General Conditions of the Contract for Construction 7-The Drawings 8-Submittals once reviewed by the Engineer 9-Performance and Payment Bonds Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:53 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1112437581) 3 10-Notice of Award and, if any, Notice to Proceed 11-Schedule of Values 12-Labor Rate 13-Equipment Rate 14-Soft Cost Log 15-Clarifications ARTICLE 2   THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3   RELATIONSHIP OF THE PARTIES The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Engineer and exercise the Contractor’s skill and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner’s interests. The Owner agrees to furnish and approve, in a timely manner, information required by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents. ARTICLE 4   DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 4.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ « X » ]The date of this Agreement. [ « » ]A date set forth in a notice to proceed issued by the Owner. [ « » ]Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) « The date of commencement of the Work shall be 10 calendar days following receipt of a written notice to proceed with the Work, issued by the Owner in conjunction with the full building permit and the “Approved for Construction’ drawings and specifications. The written Notice to Proceed with the Work, building permit, and Approved for Construction plans shall be delivered by the Owner to the Contractor no later than ENTER DATE. » If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. § 4.2 The Contract Time shall be measured from the date of commencement of the Work. § 4.3 Substantial Completion § 4.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information.) [ « » ]Not later than « » ( « » ) calendar days from the date of commencement of the Work. [ « X » ]By the following date: January 14, 2026 § 4.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:53 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1112437581) 4 § 4.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 4.3, liquidated damages, if any, shall be assessed as set forth in Section 5.1.6. ARTICLE 5   CONTRACT SUM § 5.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum is the Cost of the Work as defined in Article 7 plus the Contractor’s Fee. § 5.1.1 The Contractor’s Fee: The Contractor’s Fee is a Stipulated Sum of $781,187.76 subject to adjustment as outlined in 5.1.2. § 5.1.2 The method of adjustment of the Contractor’s Fee for changes in the Work: Additive change orders shall increase the Contract Sum and Guaranteed Maximum Price by the cost of the work as defined in article 7, plus 6.5 % Fee, 0.7 % for Payment and Performance Bond Premiums, 0.24% for Builders Risk Insurance Premiums, 1.5 % for General Liability Insurance Premiums. General Conditions will be considered on a case by case bases depending upon the scope of work. Deductive change orders shall reduce the Guaranteed Maximum Price only by the cost of the work associated with the reduction in the scope of the work for the deductive change order. For deductive changes no Fee, bond premiums, builders risk insurance premiums, general liability insurance premiums, contingency or general conditions shall be included in calculating the reduction to the Guaranteed Maximum Price. Tariffs shall be properly documented from subcontractors and suppliers and processed with appropriate markups. § 5.1.3 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work: 15% unless approved in writing by the Owner. § 5.1.4 Rental rates for Contractor-owned equipment shall be the rates agreed to by the Owner and Contractor as identified in the Equipment Rental Rates Exhibit to this Contract. § 5.1.5 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit ($0.00) § 5.1.6 Liquidated damages, if any: Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 4.3 above, plus any extensions thereof allowed in accordance with the Contract Documents. They also recognize the delays, expense, and difficulties involved in proving at a legal or arbitration hearing, the actual loss suffered by Owner if the Work is not substantially complete on time. Accordingly, instead of requiring such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner one hundred dollars ($100.00) for each day that expires after the time specified in paragraph 4.3 for completion until the Work is Substantially Complete. If the liquidated damages set forth herein are determined to be invalid or unenforceable for any reason, Owner reserves the right to seek and recover actual, consequential, special damages which arise or are the result of Contractor’s failure to achieve Substantial Completion on or prior to the date set forth in the Contract Documents. There shall be a 15 day grace period until the start of liquidated damages. § 5.1.7 Intentionally deleted. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:53 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1112437581) 5 «§ 5.1.7.1 If the final Cost of the Work plus the Contractor’s Fee is less than the Guaranteed Maximum Price, this amount shall be considered the savings on the Project. The savings shall accrue to Owner. § 5.2 Guaranteed Maximum Price § 5.2.1 The Contract Sum is guaranteed by the Contractor not to exceed Twelve Million, Eight Hundred Eighty- Three Thousand, Five Hundred Eighty-Eight Dollars and 92/100 ($12,883,588.92), subject to additions and deductions by Change Order as provided in the Contract Documents. This maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. Owner is a governmental entity and all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. Specifically, notwithstanding anything to the contrary contained in this Agreement, Owner shall have no obligations under this Agreement, nor shall any payment be made to Contractor in respect of any period after December 31 of each calendar year during the term of this Agreement, without an appropriation therefore by the Owner in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1- 101 et. seq.), and the TABOR Amendment (Constitution, Article X, Sec. 20). Pursuant to the provisions of C.R.S. § 24-91- 103.6, and notwithstanding anything to the contrary contained elsewhere in the Contract Documents, no change order or other form of order or directive by Owner, 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 Owner 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. § 5.2.1.1 Construction Contingency: The Contractor has included as a line item in the schedule of values a Construction Contingency for the sole use and benefit of the Contractor. This Construction Contingency is intended to pay for issues encountered during the performance of the Work at the project which were not foreseen during the pre-construction phase of the Project. These issues can be the result of multiple factors, including but not limited to, estimating errors, subcontractor defaults, job site field coordination, correction of defective work, general conditions increases or any other cost incurred by the Contractor in connection with the performance of the Work of the project. The Construction Contingency is not available for the use or benefit of the Owner or any other party. The Construction Contingency is not to be used for matters relating to land use proceedings, entitlement and permitting proceedings, concealed conditions such as unsuitable soils, severe weather encountered during performance of the Work, incomplete plans and specifications, design interpretation, items defined in article 8.3.1 of the A201 General Conditions or any other item for which the Contractor is not responsible or which should be the subject of a change order. The Construction Contingency will be controlled and monitored by the Contractor at its discretion during the performance of the Work at the Project and at the conclusion of the performance of the Work at the Project any funds remaining in the contingency will be included in the shared savings that accrue to the Owner. § 5.2.1.2 Upper Basin Excavating The Owner and Contractor agree that Contractor shall self-perform certain earthwork and utilities (Civil Work) using Contractor's wholly owned subsidiary Upper Basin Excavating, LLC (UBE). The agreed upon fixed price for this scope of work is $451,879.60. This fixed price is included within the Guaranteed Maximum Price, shall be considered a "Cost of the Work" pursuant to Article 7.1, and shall be invoiced on a percentage completion basis pursuant to Article 12. Any related change orders shall be calculated and billed in accordance with Article 6. Because the Civil Work is being billed on a fixed price basis, Article 11, which relates to accounting/auditing amounts billed on a time and materials basis, shall not apply. In the event of a conflict between this provision and any other provision in the Agreement, this provision shall control. § 5.2.2 Alternates § 5.2.2.1 Alternates, if any, included in the Guaranteed Maximum Price: Item Price Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:53 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1112437581) 6 § 5.2.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance § 5.2.3 Allowances, if any, included in the Guaranteed Maximum Price: (Identify each allowance.) Item Price Utility Potholing Move and Modify Horseshow East Fence Temp Heating and Cooling Drywall Demo/Reframe/Patch Drywall Patch Painting Fire Protect/Alarm/Ceiling/Devices/MEP VAV Components/Replacement Temp. Power-Materials Temp. Power-Labor Grant Requirements Builder’s Risk Insurance $35,000.00 $9,000.00 $100,000.00 $37,800.00 $25,500.00 $20,000.00 $93,500.00 $291,963.00 $134,910.00 $100,000.00 $35,000.00 § 5.2.4 Assumptions, if any, upon which the Guaranteed Maximum Price is based: (Identify each assumption.) See Clarifications in Exhibit B. § 5.2.5 To the extent that the Contract Documents are anticipated to require further development, if requested by the Owner, the Contractor will provide in the Guaranteed Maximum Price, a Design Contingency for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. § 5.2.6 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed- upon assumptions contained in Section 5.2.4. The Owner shall promptly furnish such revised Contract Documents to the Contractor. The Contractor shall notify the Owner and Engineer of any inconsistencies between the agreed-upon assumptions contained in Section 5.2.4 and the revised Contract Documents. ARTICLE 6   CHANGES IN THE WORK § 6.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work may be determined by any of the methods listed in Article 7 of AIA Document A201™–2017, General Conditions of the Contract for Construction. § 6.2 Adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined in accordance with Article 7 of A201–2017, as they refer to “cost” and “fee,” and not by Articles 5, 7, and 8 of this Agreement. Adjustments to subcontracts awarded with the Owner’s prior written consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 6.3 In calculating adjustments to the Guaranteed Maximum Price, the terms “cost” and “costs” as used in Article 7 of AIA Document A201–2017 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term “fee” shall mean the Contractor’s Fee as defined in Section 5.1.1 of this Agreement. § 6.4 If no specific provision is made in Article 5 for adjustment of the Contractor’s Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Article 5 will cause substantial inequity to the Owner or Contractor, the Contractor’s Fee shall be equitably adjusted Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:53 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1112437581) 7 on the same basis that was used to establish the Fee for the original Work, and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 7   COSTS TO BE REIMBURSED § 7.1 Cost of the Work § 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. The Cost of the Work shall include only the items set forth in this Article 7. § 7.1.2 Where, pursuant to the Contract Documents, any cost is subject to the Owner’s prior approval, the Contractor shall obtain such approval in writing prior to incurring the cost. § 7.1.3 Costs shall be at rates not higher than the standard paid at the place of the Project, except with prior approval of the Owner. § 7.2 Labor Costs The cost of the work includes labor costs for: 1) wages of construction workers directly employed by the Contractor to perform the construction of the Work; 2) wages or salaries of the Contractor’s supervisory and administrative personnel, but only for that portion of their time attributable to the Work; and 3) 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, profits sharing, and incentive compensation. Contractor and Owner agree that it is difficult and expensive to calculate the precise amount of such labor costs, and that such costs may constitute proprietary information. Both Contractor and Owner desire to establish such labor cost rates with certainty in advance of incurring such labor costs. Thus, Owner and Contractor agree that labor costs will be charged on the basis of rates set forth in the Labor Rate Exhibit. Because these rates are mutually agreed to and established in advance of the Work, the rates shall not be subject to audit pursuant to any other provisions in the Contract. § 7.3 Subcontract Costs Payments made by the Contractor to Subcontractors in accordance with the requirements of the subcontracts and this Agreement. § 7.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 7.4.1 Costs, including transportation and storage at the site, of materials and equipment incorporated, or to be incorporated, in the completed construction. § 7.4.2 Costs of materials described in the preceding Section 7.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner’s property at the completion of the Work or, at the Owner’s option, shall be sold by the Contractor. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 7.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 7.5.1 Costs of transportation, storage, installation, dismantling, maintenance, and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Contractor at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment, and tools, that are not fully consumed, shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Contractor shall mean fair market value. § 7.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers that are provided by the Contractor at the site, and the costs of transportation, installation, dismantling, minor repairs, and removal thereof at the prevailing rental rate for similar equipment at the location of the Project or as defined in the Equipment Rental Rates Exhibit. § 7.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:53 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1112437581) 8 § 7.5.4 Costs of the Contractor’s site office, including general office equipment and supplies. § 7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner’s prior approval. § 7.6 Miscellaneous Costs § 7.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. § 7.6.1.1 Costs for self-insurance, for either full or partial amounts of the coverages required by the Contract Documents. § 7.6.1.2 Costs for insurance through a captive insurer owned or controlled by the Contractor. § 7.6.2 Sales, use, or similar taxes, imposed by a governmental authority, that are related to the Work and for which the Contractor is liable. § 7.6.3 Fees and assessments for the building permit, and for other permits, licenses, and inspections, for which the Contractor is required by the Contract Documents to pay. § 7.6.4 Fees of laboratories for tests required by the Contract Documents; except those related to defective or nonconforming Work for which reimbursement is excluded under Article 13 of AIA Document A201–2017 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 7.7.3. § 7.6.5 Royalties and license fees paid for the use of a particular design, process, or product, required by the Contract Documents. § 7.6.5.1 Intentionally deleted. § 7.6.6 Costs for communications services, electronic equipment, and software, e-mail, hardware and software necessary for electronic document management, and internet directly related to the Work § 7.6.7 Costs of document reproductions and delivery charges. § 7.6.8 Deposits lost for causes other than the Contractor’s negligence or failure to fulfill a specific responsibility in the Contract Documents. § 7.6.9 Intentionally deleted. § 7.6.10 Expenses incurred in accordance with the Contractor’s standard written personnel policy for relocation and temporary living allowances of the Contractor’s personnel required for the Work, with the Owner’s prior approval. § 7.6.11 That portion of the reasonable expenses of the Contractor’s supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 7.7 Other Costs and Emergencies § 7.7.1 Other costs incurred in the performance of the Work, with the Owner’s prior approval. § 7.7.2 Costs incurred in taking action to prevent threatened damage, injury, or loss, in case of an emergency affecting the safety of persons and property, as provided in Article 10 of AIA Document A201–2017. § 7.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Contractor, Subcontractors, or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence of, or failure to fulfill a specific responsibility by, the Contractor, and only to the extent that the cost of repair or correction is not recovered by the Contractor from insurance, sureties, Subcontractors, suppliers, or others. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:53 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1112437581) 9 § 7.8 Related Party Transactions § 7.8.1 For purposes of this Section 7.8, the term “related party” shall mean (1) a parent, subsidiary, affiliate, or other entity having common ownership of, or sharing common management with, the Contractor; (2) any entity in which any stockholder in, or management employee of, the Contractor holds an equity interest in excess of ten percent in the aggregate; (3) any entity which has the right to control the business or affairs of the Contractor; or (4) any person, or any member of the immediate family of any person, who has the right to control the business or affairs of the Contractor. § 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Contractor and a related party, the Contractor shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction in writing, then the cost incurred shall be included as a cost to be reimbursed, and the Contractor shall procure the Work, equipment, goods, or service, from the related party, as a Subcontractor, according to the terms of Article 10. If the Owner fails to authorize the transaction in writing, the Contractor shall procure the Work, equipment, goods, or service from some person or entity other than a related party according to the terms of Article 10. ARTICLE 8   COSTS NOT TO BE REIMBURSED § 8.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Contractor’s personnel stationed at the Contractor’s principal office or offices other than the site office, except as specifically provided in Section 7.2, or as may be provided in Article 15; .2 Intentionally deleted .3 Expenses of the Contractor’s principal office and offices other than the site office; .4 Overhead and general expenses, except as may be expressly included in Article 7; .5 The Contractor’s capital expenses, including interest on the Contractor’s capital employed for the Work; .6 Except as provided in Section 7.7.3 of this Agreement, costs due to the negligence of, or failure to fulfill a specific responsibility of the Contract by, the Contractor, Subcontractors, and suppliers, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable; .7 Any cost not specifically and expressly described in Article 7; and .8 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded. ARTICLE 9   DISCOUNTS, REBATES AND REFUNDS § 9.1 Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if (1) before making the payment, the Contractor included the amount to be paid, less such discount, in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Contractor with which to make payments; otherwise, cash discounts shall accrue to the Contractor. Trade discounts, rebates, refunds, and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Contractor shall make provisions so that they can be obtained. § 9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 9.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE 10   SUBCONTRACTS AND OTHER AGREEMENTS § 10.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor’s own personnel shall be performed under subcontracts or other appropriate agreements with the Contractor. The Owner may designate specific persons from whom, or entities from which, the Contractor shall obtain bids. The Contractor shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. Upon receipt of written request from the Owner, received so as to not delay the Work, Contractor shall review bids with the Owner (and Engineer if so directed by Owner) and the Owner shall then determine, with the advice of the Contractor and the Engineer, which bids will be accepted. Absent such written request, the Contractor shall determine which bids to accept. Any advice of the Engineer, or approval or objection by the Owner, shall not Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:53 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1112437581) 10 relieve the Contractor of its responsibility to perform the Work in accordance with the Contract Documents. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. § 10.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Contractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 10.2 Subcontracts or other agreements shall conform to the provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the Owner’s prior written approval. If a subcontract is awarded on the basis of cost plus a fee, the Contractor shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Contractor in Article 11. 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 these Documents, assumes towards 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, the Contract Documents to which the subcontractor will be bound by this paragraph 10.2. Each subcontractor shall similarly make copies of such Contract Documents available to its subcontractors. Owner shall have the right to review and approve each form of Subcontract. 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. Nothing contained in the Contract Documents shall be deemed to create any contractual relationship between any subcontractor of any tier and Owner. ARTICLE 11   ACCOUNTING RECORDS The Contractor shall keep full and detailed records and accounts related to the Cost of the Work, and exercise such controls, as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner’s auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Contractor’s records and accounts, including complete documentation supporting accounting entries, books, job cost reports, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor’s proposals, Subcontractor’s invoices, purchase orders, vouchers, memoranda, and other data relating to this Contract. The Contractor shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 12   PAYMENTS § 12.1 Progress Payments § 12.1.1 Based upon Applications for Payment submitted to the Engineer by the Contractor, and Certificates for Payment issued by the Engineer, the Owner shall make progress payments on account of the Contract Sum, to the Contractor, as provided below and elsewhere in the Contract Documents. § 12.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: « » § 12.1.3 Progress payments and retained funds shall occur in compliance with C.R.S. § 24-91-103 and the Contract Documents. Owner shall make payment within thirty (30) days after Owner’s receipt of each properly submitted Application for Payment in accordance with the General Conditions, if Contractor is satisfactorily performing the Work. Prior to Final Completion, progress payments will be made in an amount equal to at least ninety-five percent of the calculated value of the Work completed and materials and equipment not yet incorporated in the Work by delivered and suitably stored, less in each case the aggregate of payments previously made. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:53 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1112437581) 11 § 12.1.4 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Engineer to demonstrate that payments already made by the Contractor on account of the Cost of the Work equal or exceed progress payments already received by the Contractor plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Contractor’s Fee. § 12.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among: (1) the various portions of the Work; (2) any contingency for costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order; and (3) the Contractor’s Fee. § 12.1.5.1 The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Engineer may require. The schedule of values shall be used as a basis for reviewing the Contractor’s Applications for Payment. § 12.1.5.2 The allocation of the Guaranteed Maximum Price under this Section 12.1.5 shall not constitute a separate guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values. § 12.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Contractor on account of that portion of the Work and for which the Contractor has made payment or intends to make payment prior to the next Application for Payment, by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 12.1.7 In accordance with AIA Document A201–2017 and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 12.1.7.1 The amount of each progress payment shall first include: .1 That portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the most recent schedule of values; .2 That portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 That portion of Construction Change Directives that the Engineer determines, in the Engineer’s professional judgment, to be reasonably justified; and .4 The Contractor’s Fee, computed upon the Cost of the Work described in the preceding Sections 12.1.7.1.1 and 12.1.7.1.2 at the rate stated in Section 5.1.1 or, if the Contractor’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work included in Sections 12.1.7.1.1 and 12.1.7.1.2 bears to a reasonable estimate of the probable Cost of the Work upon its completion. § 12.1.7.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Engineer has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201–2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Engineer may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201–2017; Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:53 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1112437581) 12 .5 The shortfall, if any, indicated by the Contractor in the documentation required by Section 12.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner’s auditors in such documentation; and .6 Retainage withheld pursuant to Section 12.1.8. § 12.1.8 Retainage § 12.1.8.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) Five percent (5%) § 12.1.8.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) No retainage shall be withheld on Contractor’s General Conditions or materials purchases other than those materials supplied by Subcontractors. § 12.1.8.2 Intentionally deleted. § 12.1.8.3 Except as set forth in this Section 12.1.8.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 12.1.8. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage, such as upon completion of the Owner’s audit and reconciliation, upon Substantial Completion.) § 12.1.9 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201–2017. § 12.1.10 Except with the Owner’s prior written approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and suitably stored at the site. § 12.1.11 The Owner and the Contractor shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors, and the percentage of retainage held on Subcontracts, and the Contractor shall execute subcontracts in accordance with those agreements. § 12.1.12 In taking action on the Contractor’s Applications for Payment the Engineer shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor, and such action shall not be deemed to be a representation that (1) the Engineer has made a detailed examination, audit, or arithmetic verification, of the documentation submitted in accordance with Section 12.1.4 or other supporting data; (2) that the Engineer has made exhaustive or continuous on-site inspections; or (3) that the Engineer has made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits, and verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the Owner. § 12.2 Final Payment § 12.2.1Upon Final Completion and acceptance of the entire Work in accordance with the Contract Documents, Owner shall advertise the final settlement of the Project, prior to making final payment. Specifically, the final payment shall not be made until after final settlement of this Agreement has been duly advertised prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:53 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1112437581) 13 Eagle County, and public hearing thereon has been held in compliance with C.R.S. § 38-26-107 with no claims being received. Final payment shall be made in accordance with the requirements of the aforesaid statute. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract Documents, except for the Contractor’s responsibility to correct Work as provided in Article 12 of AIA Document A201–2017, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Engineer in accordance with Section 12.2.2. § 12.2.2 Within 30 days of the Owner’s receipt of the Contractor’s final accounting for the Cost of the Work, the Owner shall conduct an audit of the Cost of the Work or notify the Engineer that it will not conduct an audit. § 12.2.2.1 If the Owner conducts an audit of the Cost of the Work, the Owner shall, within 10 days after completion of the audit, submit a written report based upon the auditors’ findings to the Engineer. § 12.2.2.2 Within seven days after receipt of the written report described in Section 12.2.2.1, or receipt of notice that the Owner will not conduct an audit, and provided that the other conditions of Section 12.2.1 have been met, the Engineer will either issue to the Owner a final Certificate for Payment with a copy to the Contractor, or notify the Contractor and Owner in writing of the Engineer’s reasons for withholding a certificate as provided in Article 9 of AIA Document A201–2017. The time periods stated in this Section 12.2.2 supersede those stated in Article 9 of AIA Document A201–2017. The Engineer is not responsible for verifying the accuracy of the Contractor’s final accounting. § 12.2.2.3 If the Owner’s auditors’ report concludes that the Cost of the Work, as substantiated by the Contractor’s final accounting, is less than claimed by the Contractor, the Contractor shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document A201–2017. A request for mediation shall be made by the Contractor within 30 days after the Contractor’s receipt of a copy of the Engineer’s final Certificate for Payment. Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner’s auditors becoming binding on the Contractor. Pending a final resolution of the disputed amount, the Owner shall pay the Contractor the amount certified in the Engineer’s final Certificate for Payment. § 12.2.3 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 written notice to the Owner that no claims have been filed in connection with the Work as advertised, final payment and settlement shall be made for the Work. § 12.2.4 If any unpaid claim for labor, materials, rental machinery, tools, supplies, or equipment is filed before payment in full of all sums due to the Contractor, Owner shall within from the Contractor sufficient funds to ensure the payment of such claims, until the same shall have been paid or withdrawn, such payment or withdrawal to be evidenced by filing a receipt in fill or an order for withdrawal signed by the claimant or its duly authorized agent or assignee. ARTICLE 13   DISPUTE RESOLUTION § 13.1 Initial Decision Maker The Engineer will serve as Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017, unless the parties appoint below another individual, not a party to the Agreement, to serve as Initial Decision Maker. § 13.2 Binding Dispute Resolution For any Claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Document A201–2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:53 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1112437581) 14 [ « » ]Arbitration pursuant to Section 15 of AIA Document A201–2017 [ «X » ]Litigation in a court of competent jurisdiction [ « » ]Other (Specify) § 13.2.1 In the event of any arbitration or litigation between the parties to this agreement, each party shall be responsible for their own attorney’s fees, and other costs incurred as a result of such actions. ARTICLE 14   TERMINATION OR SUSPENSION § 14.1 Termination § 14.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201–2017. § 14.1.2 Termination by the Owner for Cause § 14.1.2.1 If the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A201–2017, the amount, if any, to be paid to the Contractor under Article 14 of AIA Document A201–2017 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as follows: .1 Take the Cost of the Work incurred by the Contractor to the date of termination; .2 Add the Contractor’s Fee, computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1.1 or, if the Contractor’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract the costs and damages incurred, or to be incurred, by the Owner under Article 14 of AIA Document A201–2017. § 14.1.2.2 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Contractor that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 14.1.2.1.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 14, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders. § 14.1.3 Termination by the Owner for Convenience If the Owner terminates the Contract for convenience in accordance with Article 14 of AIA Document A201–2017, then the Owner shall pay the Contractor a termination fee as follows: In case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive payment for Work executed, including reasonable time to close out the project, all with associated markups. § 14.2 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2017; in such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Article 14 of AIA Document A201–2017, except that the term “profit” shall be understood to mean the Contractor’s Fee as described in Article 5 and Section 6.4 of this Agreement. ARTICLE 15   MISCELLANEOUS PROVISIONS § 15.1 Where reference is made in this Agreement to a provision of AIA Document A201–2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 15.2 The Owner’s representative: Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:53 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1112437581) 15 (Name, address, email address and other information) Kristin Degenhardt 500 Broadway P.O. Box 850 Eagle, CO 81631 970-328-3457 kristin.degenhardt@eaglecounty.us With a copy to: The Eagle County Attorney’s Office P.O. Box 850 Eagle, CO 81631 atty@eaglecounty.us § 15.3 The Contractor’s representative: (Name, address, email address and other information) John Halloran RA Nelson LLC PO Drawer 5400 51 Eagle Road, Suite 2 Avon, CO 81620 jhalloran@ranelson.com, 970-471-6048 § 15.4 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ prior notice to the other party. § 15.5 Insurance and Bonds § 15.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A102™–2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. § 15.5.2 The Contractor shall provide bonds as set forth in AIA Document A102™–2017 Exhibit A, and elsewhere in the Contract Documents. § 15.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, may be given in accordance with AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance with AIA Document E203–2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) Notice in electronic format may be given by any means mutually agreed upon by Owner and Contractor including e- mail. § 15.7 Other provisions: § 15.7.1 Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental Immunity Act. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:53 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1112437581) 16 § 15.7.2 Any indemnity, warranty, or guaranty given by the Contractor to the Owner under the Contract Documents shall survive expiration or termination of the Contract Documents. § 15.7.3 The signatories to this Agreement aver to their knowledge, no employee of the Owner has any personal or beneficial interest whatsoever in the Work or property described in this Agreement. The Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the Work and the Contractor should not employ any person having such known interests. § 15.7.4 The Contractor acknowledges that the Work is a public work financed in whole or in part by funds of The Owner, and pursuant to C.R.S. § 8-17-101, Colorado labor shall be employed to perform the Work to the extent of no less than eighty percent (80%) of each type or class of labor in the several classifications of skilled and common labor employed in the Work. The Owner shall waive the 80% requirement if there is reasonable evidence to demonstrate insufficient Colorado labor to perform the work of the Project and if compliance with C.R.S. § 8-17- 101 would create an undue burden that would substantially prevent a project form proceeding to completion. If the Owner allows a waiver pursuant to this section, it shall post notice of the waiver and a justification for the waiver on its website. The Owner will not impose contractual damages on the Contractor for a delay in Work due to the waiver process. For purposes of this provision, "Colorado labor" means any person who is a resident of Colorado at the time of employment without discrimination as to race, color, creed, sex, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, or religion except when sex, gender or age is a bona fide occupational qualification. § 15.7.5 The Contractor shall comply with and give notices required by all federal, state and local laws, statutes, ordinances, building codes, rules and regulations applicable to the Work. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, rules or regulations without notice to the Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. The Contractor shall promptly notify the Owner in writing of any conflicts that the Contractor discovers between the specifications for the Work and such governmental laws, rules, and regulations. § 15.7.6 The Parties acknowledge that this is a Geothermal Energy Project governed by Colorado law, including but not limited to C.R.S. § 39-22-552 and C.R.S. § 24-38.5-118 et seq., and that funding for the Work is provided by numerous grants from the State of Colorado. The Contractor shall, to the best of its abilities, comply with all applicable requirements of Colorado law and the grant agreements, including, but not limited to, labor and apprenticeship requirements, as applicable by trades present on the project that have apprentice programs. Advance written approval from the Owner shall be required before the Contractor's substitution of any subcontractors with apprenticeship programs as required by law. ARTICLE 16   ENUMERATION OF CONTRACT DOCUMENTS § 16.1 This Agreement is comprised of the following documents: .1 AIA Document A102™–2017, Standard Form of Agreement Between Owner and Contractor .2 AIA Document A102™–2017, Exhibit A, Insurance and Bonds .3 AIA Document A201™–2017, General Conditions of the Contract for Construction .4 Other documents and Exhibits: Exhibit B: Owner’s Request for Proposals, Addendums to the Request for Proposals, Contractor’s Proposal and Basis of GMP/Qualifications, Soft Cost Log, Schedule, and Clarifications Exhibit C: List of Plans and Specifications, including the substance of those Plans and Specifications Exhibit D: Schedule of Values Exhibit E: Labor Rates Exhibit F: Equipment Rates Exhibit G: List of Allowances Submittals This Agreement entered into as of the day and year first written above. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:53 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1112437581) 17 OWNER (Signature)CONTRACTOR (Signature) Jeanne McQueeney, Chair, Board of County Commissioners « »« » (Printed name and title) Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Regional ManagerJohn Halloran ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. For guidance in modifying this document to include supplementary conditions, see AIA Document A503™, Guide for Supplementary Conditions. AIA® Document A201TM – 2017 General Conditions of the Contract for Construction ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 1 for the following PROJECT: (Name and location or address) The Eagle County Geothermal Project THE OWNER: (Name, legal status and address) Eagle County, Colorado, a body corporate and politic 500 Broadway P.O. Box 850 Eagle, CO 81631 THE ENGINEER: (Name, legal status and address) SGM, Inc. 118 West 6th St. Ste. 200 Glenwood Springs, CO 81601 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ENGINEER 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 2 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 3 INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9.10 Approvals 2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ENGINEER 4 Engineer, Definition of 4.1.1 Engineer, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Engineer, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2 Engineer’s Additional Services and Expenses 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Engineer’s Administration of the Contract 3.1.3, 3.7.4, 15.2, 9.4.1, 9.5 Engineer’s Approvals 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Engineer’s Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Engineer’s Copyright 1.1.7, 1.5 Engineer’s Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Engineer’s Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Engineer’s Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 Engineer’s Interpretations 4.2.11, 4.2.12 Engineer’s Project Representative 4.2.10 Engineer’s Relationship with Contractor 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Engineer’s Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 Engineer’s Representations 9.4.2, 9.5.1, 9.10.1 Engineer’s Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Asbestos 10.3.1 Attorneys’ Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 4 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Change Orders 1.1.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.2, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 14.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor’s 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 5.4.2, 11.5, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.3.6, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor’s Construction and Submittal Schedules Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 5 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 Contractor’s Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1 Contractor’s Liability Insurance 11.1 Contractor’s Relationship with Separate Contractors and Owner’s Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor’s Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor’s Relationship with the Engineer 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractor’s Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor’s Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor’s Review of Contract Documents 3.2 Contractor’s Right to Stop the Work 2.2.2, 9.7 Contractor’s Right to Terminate the Contract 14.1 Contractor’s Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor’s Superintendent 3.9, 10.2.6 Contractor’s Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Engineer 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Digital Data Use and Transmission 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor’s 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1 Equipment, Labor, or Materials 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 6 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner’s 2.2.1, 13.2.2, 14.1.1.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor’s Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner’s Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic’s Lien Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 7 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1, 15.4.1.1 Minor Changes in the Work 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor’s 3.2, 3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 13.2.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner’s Authority 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner’s Insurance 11.2 Owner’s Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner’s Right to Carry Out the Work 2.5, 14.2.2 Owner’s Right to Clean Up 6.3 Owner’s Right to Perform Construction and to Award Separate Contracts 6.1 Owner’s Right to Stop the Work 2.4 Owner’s Right to Suspend the Work 14.3 Owner’s Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 8 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements 1.1.1 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor’s Submittals by Owner and Engineer 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Engineer’s 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and Testing 4.2.6, 12.2.1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 9 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Engineer 2.3.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub-subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Engineer 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Time Limits 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 15.1.2, 15.1.3 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1, 1.5, 2.3.6, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Engineer 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2 Weather Delays 8.3, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 10 ARTICLE 1   GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Engineer . § 1.1.2 The Contract The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Engineer or the Engineer’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner and the Engineer or the Engineer’s consultants, or (4) between any persons or entities other than the Owner and the Contractor. The Engineer shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Engineer’s duties. § 1.1.3 The Work The term “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 The Project The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors. § 1.1.5 The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. § 1.1.6 The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 Instruments of Service Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Engineer and the Engineer’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. § 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 11 § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Contract. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles, or (3) the titles of other documents published by the American Institute of Architects. § 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service § 1.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and retain all common law, statutory, and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub- subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal 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 the Architect’s or Architect’s consultants’ reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub-subcontractors, and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner, Architect, and the Architect’s consultants. § 1.6 Notice § 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission if a method for electronic transmission is set forth in the Agreement. § 1.6.2 Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery, or by any form of electronic transmission with proof of service. The Owner, Engineer and Contractor agree to establish procedures for communicating electronically via the internet, electronic mail, or other methods for the distribution of documents, notices and other communication. § 1.7 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit or other mutually agreed upon criteria, to establish the protocols for the development, use, transmission, and exchange of digital data. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 12 § 1.8 Building Information Models Use and Reliance Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2   OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization. The Engineer does not have such authority. The term “Owner” means the Owner or the Owner’s authorized representative. § 2.1.2 Colorado Statutes do not provide for any right of lien against public buildings. In lieu thereof, Title 38-26-107 et seq. C.R.S., as amended, provides adequate relief for any claimant having furnished labor, materials, rental machinery, tools, equipment or services toward construction of the particular public work in that final payment may not be made to a contractor until all such creditors have been put on notice by publication in the public press of such pending payment and given opportunity to stop payment to the Contractor in the amount of such claims. The Contractor shall include this language in Subcontracts of any tier for the Project § 2.2 Evidence of the Owner’s Financial Arrangements § 2.2.1 Prior to commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended appropriately. § 2.2.2 Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due; or (3) a change in the Work materially changes the Contract Sum. If the Owner fails to provide such evidence, as required, within fourteen days of the Contractor’s request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped. However, if the request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents. § 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.4 Where the Owner has designated information furnished under this Section 2.2 as “confidential,” the Contractor shall keep the information confidential and shall not disclose it to any other person. However, the Contractor may disclose “confidential” information, after seven (7) days’ notice to the Owner, where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s) order. The Contractor may also disclose “confidential” information to its employees, consultants, sureties, Subcontractors and their employees, Sub-subcontractors, and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 13 § 2.3 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.3.2 The Owner shall retain an Engineer lawfully licensed to practice engineering, or an entity lawfully practicing engineering, in the jurisdiction where the Project is located. That person or entity is identified as the Engineer in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 2.3.3 If the employment of the Engineer terminates, the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Engineer. § 2.3.4 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services. § 2.3.6 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of the Drawings and Project Manuals as are reasonably necessary for execution of the Work.. § 2.4 Owner’s Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.5 Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor shall be reasonable, and the Engineer may, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the actual cost of correcting such deficiencies, including Owner’s expenses and compensation for the Engineer’s additional services made necessary by such default, neglect, or failure. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Engineer, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. ARTICLE 3   CONTRACTOR § 3.1 General § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term “Contractor” means the Contractor or the Contractor’s authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 14 § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Engineer in the Engineer’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Engineer any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Engineer may require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Engineer any nonconformity discovered by or made known to the Contractor as a request for information using Contractor’s standard forms. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Engineer issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Engineer for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner and Engineer, and shall propose alternative means, methods, techniques, sequences, or procedures. The Engineer shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects to the Contractor’s proposed alternative, the Contractor shall perform the Work using its alternative means, methods, techniques, sequences, or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 Labor and Materials Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 15 § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work approved by the Engineer in accordance with Section 3.12.8 or ordered by the Engineer in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Engineer and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Engineer that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Engineer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4. § 3.6 Taxes The Contractor acknowledges that the Owner is tax exempt. The Contractor shall not pay sales, consumer, use, and similar taxes for the Work provided by the Contractor. § 3.7 Permits, Fees, Notices and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Engineer before conditions are disturbed and in no event later than 14 days after first observance of the conditions. The Engineer will promptly investigate such conditions and, if the Engineer determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Engineer determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Engineer Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 16 shall promptly notify the Owner and Contractor, stating the reasons. If either party disputes the Engineer’s determination or recommendation, that party may submit a Claim as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Engineer. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. § 3.8 Allowances § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; and .2 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Engineer in sufficient time to avoid delay in the Work. § 3.9 Superintendent § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, if requested by the Owner and prior to award of the Contract, shall notify the Owner and Engineer of the name and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Engineer may notify the Contractor, stating whether the Owner or the Engineer (1) has reasonable objection to the proposed superintendent or (2) requires additional time for review. Failure of the Engineer to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Engineer has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld or delayed. § 3.10 Contractor’s Construction and Submittal Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner’s and Engineer’s information a Contractor’s construction schedule for the Work. The schedule shall contain detail appropriate for the Project, including (1) the date of commencement of the Work, interim schedule milestone dates, and the date of Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. The detailed critical path and logic contained in the Contract Construction Schedule are for the exclusive use of the Contractor. § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, shall submit a submittal schedule for the Engineer’s approval. The Engineer’s approval shall not Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 17 be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow the Engineer reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, or fails to provide submittals in accordance with the approved submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Engineer. § 3.11 Documents and Samples at the Site The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Engineer and Owner, and delivered to the Engineer for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 Shop Drawings, Product Data and Samples § 3.12.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment, or workmanship, and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Engineer is subject to the limitations of Section 4.2.7. Informational submittals upon which the Engineer is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Engineer without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Engineer, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the Engineer or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and Engineer that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been approved by the Engineer. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Engineer’s approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Engineer of such deviation at the time of submittal and (1) the Engineer has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 18 authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Engineer’s approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Engineer on previous submittals. In the absence of such notice, the Engineer’s approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of Engineer or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. § 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Engineer will specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional. Shop Drawings, and other submittals related to the Work, designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Engineer. The Owner and the Engineer shall be entitled to rely upon the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Engineer have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Engineer will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 3.12.10.2 If the Contract Documents require the Contractor’s design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Engineer at the time and in the form specified by the Engineer. § 3.13 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery, and surplus materials from and about the Project. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 19 § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.16 Access to Work The Contractor shall provide the Owner and Engineer with access to the Work in preparation and progress wherever located. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Engineer harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Engineer. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Engineer. § 3.18 Indemnification § 3.18.1 The Contractor agrees to indemnify, hold harmless the Owner, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which the 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 non-performance by the Contractor or any of its sub-consultants hereunder; and the Contractor shall reimburse the Owner for reasonable attorney fees and costs, legal and other expenses incurred by the 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 the Owner to the extent the 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. ARTICLE 4   ENGINEER § 4.1 General § 4.1.1 The Engineer is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. The term “Engineer” means the Engineer or the Engineer’s authorized representative. § 4.1.2 Duties, responsibilities, and limitations of authority of the Engineer as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Engineer. Consent shall not be unreasonably withheld. § 4.2 Administration of the Contract § 4.2.1 The Engineer will provide administration of the Contract as described in the Contract Documents and will be an Owner’s representative during construction until the date the Engineer issues the final Certificate for Payment. The Engineer will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Engineer will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Engineer will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Engineer will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents. § 4.2.3 On the basis of the site visits, the Engineer will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Engineer will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Engineer will not Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 20 have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 Communications The Owner and Contractor shall include the Engineer in all communications that relate to or affect the Engineer’s services or professional responsibilities. The Owner shall promptly notify the Engineer of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Engineer’s consultants shall be through the Engineer. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. § 4.2.5 Based on the Engineer’s evaluations of the Contractor’s Applications for Payment, the Engineer will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Engineer has authority to reject Work that does not conform to the Contract Documents. Whenever the Engineer considers it necessary or advisable, the Engineer will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Engineer to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Engineer will review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Engineer’s action will be taken in accordance with the submittal schedule approved by the Engineer or, in the absence of an approved submittal schedule, with reasonable promptness as to cause no delay in the Work or activities of the Owner, Contractor, or separate contractors while allowing sufficient time in the Engineer’s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Engineer’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12. The Engineer’s review shall not constitute approval of safety precautions or of any construction means, methods, techniques, sequences, or procedures. The Engineer’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. The Contractor shall be allowed to rely upon the Engineer’s review of the submittals as the Engineer’s approval that the submitted components of the Work meet the design intent and product specifications of the Plans and Specifications. § 4.2.8 The Owner will prepare Change Orders. The Engineer will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Engineer will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Engineer agree, the Engineer will provide one or more Project representatives to assist in carrying out the Engineer’s responsibilities at the site. The Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. § 4.2.11 The Engineer will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Engineer’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Engineer will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 21 and decisions, the Engineer will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either, and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Engineer’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Engineer will review and respond to requests for information about the Contract Documents. The Engineer’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness as to cause no delay in the Work. If appropriate, the Engineer will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5   SUBCONTRACTORS § 5.1 Definitions § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term “Subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term “Subcontractor” does not include a Separate Contractor or the subcontractors of a Separate Contractor. § 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term “Sub-subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub- subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Engineer of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. Within 14 days of receipt of the information, the Engineer may notify the Contractor whether the Owner or the Engineer (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the Engineer to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Engineer has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Engineer has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Engineer has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner or Engineer makes reasonable objection to such substitution. § 5.3 Subcontractual Relations By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work that the Contractor, by these Contract Documents, assumes toward the Owner and Engineer. Each subcontract agreement shall preserve and protect the rights of the Owner and Engineer under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 22 similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub- subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the subcontract. ARTICLE 6   CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner’s Right to Perform Construction and to Award Separate Contracts § 6.1.1 The term “Separate Contractor(s)” shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and with Separate Contractors retained under Conditions of the Contract the same as those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided in Article 15. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term “Contractor” in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner’s own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces or with Separate Contractors, the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11, and 12. § 6.2 Mutual Responsibility § 6.2.1 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 23 § 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the Engineer of discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor’s Work. Failure of the Contractor to notify the Engineer of discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner’s or Separate Contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work. The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor’s delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. § 6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owner’s Right to Clean Up If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Engineer will allocate the cost among those responsible. ARTICLE 7   CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. The Eagle County Project Manager shall have authority to approve Change Orders or other Modifications to this Agreement within the parameters of the appropriated funds for this Project. 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. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor, and Engineer. A Construction Change Directive requires agreement by the Owner and Engineer and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the Engineer alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. § 7.2 Change Orders § 7.2.1 A Change Order is a written instrument prepared by the Owner and signed by the Owner, Contractor, and Engineer stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.3 Intentionally Deleted. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 24 .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Engineer shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Engineer may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the following: .1 Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers’ compensation insurance, and other employee costs approved by the Engineer; .2 Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use, or similar taxes, directly related to the change; and .5 Costs of supervision and field office personnel directly attributable to the change. § 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Engineer of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Engineer. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Engineer will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Engineer determines, in the Engineer’s professional judgment, to be reasonably justified. The Engineer’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Engineer concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Engineer will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 Minor Changes in the Work The Engineer may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Engineer’s order Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 25 for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Engineer. ARTICLE 8   TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Engineer in accordance with Section 9.8.1. The Final Completion Date is the date of Final Completion for the entire Work certified by the Engineer in accordance with Section 9.10. § 8.1.4 The term “day” as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect of the Owner or Engineer, of an employee of either, or of a Separate Contractor; (2) by changes ordered in the Work; (3) by disease, epidemic, pandemic or other national emergencies (4) Force Majeure events such as, labor disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor’s control; (5) by delay authorized by the Owner pending mediation and binding dispute resolution; or (6) by other causes that the Contractor asserts, and the Engineer determines, justify delay, then the Contractor shall be entitled to an equitable adjustment to the Contract Time and the Guaranteed Maximum Price, subject to Section 5.2.1 of the Agreement. Specified equipment may not be readily available within the construction duration. In the event that specified equipment is unavailable, the construction duration shall be adjusted accordingly based upon completion of design and availability of equipment. Schedule adjustments may allow for: design coordination to be completed, for equipment production to be completed, manufacturer’s lead times, shipping, and installation timelines. Contract changes shall include any required adjustments to the schedule and the cost impacts associated with such changes. These changes shall be incorporated into the contract via a Change Order. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9   PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 26 § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Engineer before the first Application for Payment, allocating the entire Contract Sum to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the Engineer. This schedule, unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor’s Applications for Payment. Any changes to the schedule of values shall be submitted to the Engineer and supported by such data to substantiate its accuracy as the Engineer may require, and unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor’s subsequent Applications for Payment. § 9.3 Applications for Payment § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Engineer and Owner an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor’s right to payment that the Owner or Engineer require, such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Engineer, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 The Engineer will, within seven days after receipt of the Contractor’s Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Engineer determines is properly due, and notify the Contractor and Owner of the Engineer’s reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Engineer’s reason for withholding certification in whole as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Engineer to the Owner, based on the Engineer’s evaluation of the Work and the data in the Application for Payment, that, to the best of the Engineer’s knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 27 Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Engineer. However, the issuance of a Certificate for Payment will not be a representation that the Engineer has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 Decisions to Withhold Certification § 9.5.1 The Engineer may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Engineer’s opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Engineer is unable to certify payment in the amount of the Application, the Engineer will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Engineer cannot agree on a revised amount, the Engineer will promptly issue a Certificate for Payment for the amount for which the Engineer is able to make such representations to the Owner. The Engineer may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Engineer’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When either party disputes the Engineer’s decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15. § 9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.4 If the Engineer withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for undisputed amounts due for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Engineer and the Contractor shall reflect such payment on its next Application for Payment. § 9.6 Progress Payments § 9.6.1 After the Engineer has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Engineer. § 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 28 § 9.6.3 The Engineer will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Engineer and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Engineer shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. § 9.6.5 The Contractor’s payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. § 9.7 Failure of Payment If the Engineer does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Engineer or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ notice to the Owner and Engineer, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Engineer a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor’s list, the Engineer will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Engineer’s inspection discloses any item, whether or not included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Engineer. In such case, the Contractor shall then submit a request for another inspection by the Engineer to determine Substantial Completion. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 29 § 9.8.4 When the Work or designated portion thereof is substantially complete, the Owner will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Engineer as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Engineer. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and Engineer shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Final Completion or Final Completion Date means the first date when all of the following have occurred: the date that the Engineer has certified that construction is completed in accordance with the Contract Documents (except that Owner, Contractor and Engineer may agree in writing to the completion of certain Work following Final Completion Date) and the Owner can fully occupy or utilize the Work for the purpose for which it is intended. Upon receipt of the Contractor’s notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Engineer will promptly make such inspection. When the Engineer finds the Work acceptable under the Contract Documents and the Contract fully performed, the Engineer will promptly issue a final Certificate for Payment stating that to the best of the Engineer’s knowledge, information and belief, and on the basis of the Engineer’s on-site visits and inspections, the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Engineer’s final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled. In no event shall issuance of a Final Certificate of Payment constitute a waiver of any claims related to deficiencies or defects in the Work. Warranties required by the Contract Documents shall commence on the date of Final Completion of the Work. § 9.10.2 Neither final payment nor any retained percentage shall become due until the Contractor submits to the Engineer (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, or will be made upon receipt of final payment from Owner, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect, (3) a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) documentation of any special warranties, such as manufacturers’ warranties or specific Subcontractor warranties required by the Contract Documents, and (6) if required by the Owner, other data establishing payment or Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 30 satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner or by law. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments are made, the Contractor shall refund to the Owner reasonable payment that the Owner has made in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys’ fees. § 9.10.3 Intentionally deleted. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; or .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10   PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub-subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. § 10.2.2 The Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss. § 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the safeguards. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Engineer or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 31 to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner and Engineer. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials and Substances § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Engineer of the condition. The Contractor shall have no responsibility for discovery, presence, handling, removal, disposal or exposure of persons to hazardous substances existing in any form at the site unless Contractor or someone under the control of Contractor introduces the hazardous substance to the site. § 10.3.2 Upon receipt of the Contractor’s notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Engineer the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Engineer will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Engineer has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Engineer have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable additional costs of shutdown, delay, and start-up. § 10.3.3 Intentionally deleted. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 32 § 10.4 Emergencies In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11   INSURANCE AND BONDS § 11.1 Contractor’s Insurance and Bonds § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Owner shall be named as additional insureds under the Contractor’s commercial general liability policy or as otherwise described in the Contract Documents. § 11.1.2 The Contractor shall provide surety performance and payment bonds of the types, for such penal sums, and subject to such terms and conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. § 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. § 11.1.4 Notice of Cancellation or Expiration of Contractor’s Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 11.2 Owner’s Insurance § 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon receipt of notice from the Owner, the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor, Subcontractors, and Sub-Subcontractors in the Work. When the failure to provide coverage has been cured or resolved, the Contract Time shall be equitably adjusted. In the event the Owner fails to procure coverage, the Owner waives all rights against the Contractor, Subcontractors, and Sub- subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Order. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. § 11.2.3 Notice of Cancellation or Expiration of Owner’s Required Property Insurance. Within three (3) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 33 has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, Subcontractors, and Sub-subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. § 11.3 Waivers of Subrogation § 11.3.1 Intentionally deleted. § 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance The Owner, at the Owner’s option, may purchase and maintain insurance that will protect the Owner against loss of use of the Owner’s property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all rights of action against the Contractor and Engineer for loss of use of the Owner’s property, due to fire or other hazards however caused.   §11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Engineer and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Engineer and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 days from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. ARTICLE 12   UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Engineer’s request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Engineer, be uncovered for the Engineer’s examination and be replaced at the Contractor’s expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Engineer has not specifically requested to examine prior to its being covered, the Engineer may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor’s expense. § 12.2 Correction of Work Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 34 § 12.2.1 Before Substantial Completion The Contractor shall promptly correct Work rejected by the Engineer or failing to conform to the requirements of the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Engineer’s services and expenses made necessary thereby, shall be at the Contractor’s expense. § 12.2.2 After Final Completion § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within two years after the date of Final Completion of the Work or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner or its designee to do so, including the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work at the Contractor’s sole cost and expense, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner or its designee shall give such notice promptly after discovery of the condition. During the two-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Engineer, the Owner may correct it in accordance with Section 2.5. If the Owner does perform such corrective Work, the Contractor or its surety shall be responsible for all reasonable costs incurred by the Owner in performing such correction. The two-year period referenced in this Section 12.2.2.1 applies only to the Contractor’s obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies the Owner may have regarding the Contractor’s other obligations under the Contract Documents. § 12.2.2.2 The two-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The two-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors, whether completed or partially completed, caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the two-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. § 12.2.6 Warranty Inspections after Final Completion. Owner and Contractor together shall make at least two (2) complete inspections of the Work after the issuance of the Final Certificate of Completion. One such inspection, the "Twelve-Month Guaranty Inspection," shall be made approximately twelve (12) months after the issuance of the Final Certificate of Completion and another inspection, the "Twenty Third-Month Guaranty Inspection," shall be made approximately twenty-three (23) months after the issuance of the Final Certificate of Completion. The Owner shall schedule and so notify all parties concerned, including the local jurisdiction, of these inspections. Written lists and reports of these inspections shall be made by the Contractor and forwarded to the Owner and all of the other participants within ten (10) days after the completion of each inspection. The 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. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 35 § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Failure to mutually agreed on the adjustment shall require the work to be corrected. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13   MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of the State of Colorado. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the assignment. § 13.3 Rights and Remedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. § 13.3.2 No action or failure to act by the Owner, Engineer, or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. § 13.4 Tests and Inspections § 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Engineer timely notice of when and where tests and inspections are to be made so that the Engineer may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. § 13.4.2 If the Engineer, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection, or approval not included under Section 13.4.1, the Engineer will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Engineer of when and where tests and inspections are to be made so that the Engineer may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Owner’s expense. § 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure, including those of repeated procedures and compensation for the Engineer’s services and expenses, shall be at the Contractor’s expense. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 36 § 13.4.4 Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Engineer. § 13.4.5 If the Engineer is to observe tests, inspections, or approvals required by the Contract Documents, the Engineer will do so promptly and, where practicable, at the normal place of testing. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5 Interest Intentionally deleted. ARTICLE 14   TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped; .3 Because the Engineer has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ notice to the Owner and Engineer, terminate the Contract and recover from the Owner payment for Work executed, as well as reasonable overhead and profit on Work not executed, and costs incurred by reason of such termination. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days’ notice to the Owner and the Engineer, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the reasons described in Section 14.2.1 exist, and upon certification by the Engineer that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 37 .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Engineer’s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. Such costs and expenses shall include not only the cost of completing the Work but also, costs and expenses, including attorneys’ fees incurred by Owner in connection with re-procurement of the Work and defense of claims arising from the Contractor’s default. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption under Section 14.3.1, subject to Section 5.2.1 of the Agreement. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 Termination by the Owner for Convenience § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. § 14.4.2 Upon receipt of notice from the Owner of such termination for the Owner’s convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner’s convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; , including time to close out the project, all with associated markups. See 14.1.3 of the A102. ARTICLE 15   CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term “Claim” also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. This Section 15.1.1 does not Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 38 require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law. § 15.1.3 Notice of Claims § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Engineer, if the Engineer is not serving as the Initial Decision Maker. Claims by either party under this Section 15.1.3.1 shall be initiated within 30 days after occurrence of the event giving rise to such Claim or within 30 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. In such event, no decision by the Initial Decision Maker is required. § 15.1.4 Continuing Contract Performance § 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker’s decision, subject to the right of either party to proceed in accordance with this Article 15. The Engineer will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. § 15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum, notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.6.2 Weather delays which are normal and expected for the region and for the period of time must be included within the Construction Schedule. Such assumptions shall be documented as specific number of days anticipated to be lost due to weather on the critical path of the schedule and shown in the Contract Schedule. If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data demonstrating that more days were lost due to weather on the critical path of the schedule than were included in the Contract Schedule. § 15.1.7 Waiver of Claims for Consequential Damages Except as set forth in Section 14.2.4 above, The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 39 This mutual waiver is applicable, except as set forth in Section 14.2.4 above, to all consequential damages due to either party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 Initial Decision § 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be referred to the Initial Decision Maker for initial decision. The Engineer will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim. If an initial decision has not been rendered within 30 days after the Claim has been referred to the Initial Decision Maker, the party asserting the Claim may demand mediation and binding dispute resolution without a decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of the request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Engineer, if the Engineer is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of receipt of an initial decision, demand in writing that the other party file for mediation. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 15:20:44 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: AIA_UserNotes (1147291987) 40 § 15.3 Mediation § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be conducted by an impartial mediator with the Judicial Arbiter Group (JAG) located in Denver, Colorado. The mediation will be governed by and conducted pursuant to a mediation agreement negotiated by the parties or, if the parties cannot so agree, by procedures established by the mediator. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 15.3.3 Intentionally deleted. § 15.3.4 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 DRAFT ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Document A201™–2017, General Conditions of the Contract for Construction. Article 11 of A201™–2017 contains additional insurance provisions. AIA® Document A102TM – 2017 Exhibit A Insurance and Bonds ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.DRAFTAIA Document A102™ – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:57 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: (1213821806) 1 This Insurance and Bonds Exhibit is part of the Agreement, between the Owner and the Contractor, dated the « » day of « » in the year 2025. (In words, indicate day, month and year.) for the following PROJECT: (Name and location or address) The Eagle County Geothermal Project THE OWNER: (Name, legal status and address) Eagle County, Colorado, a body corporate and politic 500 Broadway P.O. Box 850 Eagle, CO 81631 THE CONTRACTOR: (Name, legal status and address) «RA Nelson LLC 51 Eagle Road #2 PO Drawer 5400 Avon, CO 81620 »« » « » TABLE OF ARTICLES A.1 GENERAL A.2 OWNER’S INSURANCE A.3 CONTRACTOR’S INSURANCE AND BONDS A.4 SPECIAL TERMS AND CONDITIONS ARTICLE A.1   GENERAL The Owner and Contractor shall purchase and maintain insurance, and provide bonds, as set forth in this Exhibit. As used in this Exhibit, the term General Conditions refers to AIA Document A201™–2017, General Conditions of the Contract for Construction. ARTICLE A.2   OWNER’S INSURANCE § A.2.1 General Prior to commencement of the Work, the Owner shall secure the insurance, and provide evidence of the coverage, required under this Article A.2 and, upon the Contractor’s request, provide a copy of the property insurance policy or policies required by Section A.2.3. The copy of the policy or policies provided shall contain all applicable conditions, definitions, exclusions, and endorsements. § A.2.2 Liability Insurance Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 DRAFTAIA Document A102™ – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:57 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: (1213821806) 2 The Owner shall be responsible for purchasing and maintaining the Owner’s usual general liability insurance. § A.2.3 Required Property Insurance § A.2.3.1 Unless this obligation is placed on the Contractor pursuant to Section A.3.3.2.1, the Owner shall purchase and maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located, property insurance written on a builder's risk “all-risks” completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis. The Owner’s property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent Modifications and labor performed and materials or equipment supplied by others. The property insurance shall be maintained until Substantial Completion and thereafter as provided in Section A.2.3.1.3, unless otherwise provided in the Contract Documents or otherwise agreed in writing by the parties to this Agreement. This insurance shall include the interests of the Owner, Contractor, Subcontractors, and Sub-subcontractors in the Project as insureds. This insurance shall include the interests of mortgagees as loss payees. As set forth in Section A.3.3.2.1 below, the obligation for builder’s risk “all risks” insurance as set forth in this Section A.2.3 is placed on the Contractor. § A.2.3.1.1 Causes of Loss. The insurance required by this Section A.2.3.1 shall provide coverage for direct physical loss or damage, and shall not exclude the risks of fire, explosion, theft, vandalism, malicious mischief, collapse, earthquake, flood, or windstorm. The insurance shall also provide coverage for ensuing loss or resulting damage from error, omission, or deficiency in construction methods, design, specifications, workmanship, or materials. Sub- limits, if any, are as follows: (Indicate below the cause of loss and any applicable sub-limit.) Causes of Loss Sub-Limit N/A § A.2.3.1.2 Specific Required Coverages. The insurance required by this Section A.2.3.1 shall provide coverage for loss or damage to falsework and other temporary structures, and to building systems from testing and startup. The insurance shall also cover debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and reasonable compensation for the Architect’s and Contractor’s services and expenses required as a result of such insured loss, including claim preparation expenses. Sub-limits, if any, are as follows: (Indicate below type of coverage and any applicable sub-limit for specific required coverages.) Coverage Sub-Limit N/A § A.2.3.1.3 Unless the parties agree otherwise, upon Substantial Completion, the Owner shall continue the insurance required by Section A.2.3.1 or, if necessary, replace the insurance policy required under Section A.2.3.1 with property insurance written for the total value of the Project that shall remain in effect until expiration of the period for correction of the Work set forth in Section 12.2.2 of the General Conditions. § A.2.3.1.4 Deductibles and Self-Insured Retentions. If the insurance required by this Section A.2.3 is subject to deductibles or self-insured retentions, the Owner shall be responsible for all loss not covered because of such deductibles or retentions. § A.2.3.2 Occupancy or Use Prior to Substantial Completion. The Owner’s occupancy or use of any completed or partially completed portion of the Work prior to Substantial Completion shall not commence until the insurance company or companies providing the insurance under Section A.2.3.1 have consented in writing to the continuance of coverage. The Owner and the Contractor shall take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of insurance, unless they agree otherwise in writing. § A.2.3.3 Insurance for Existing Structures If the Work involves remodeling an existing structure or constructing an addition to an existing structure, the Owner shall purchase and maintain, until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, “all-risks” property insurance, on a replacement cost basis, protecting the existing structure Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 DRAFTAIA Document A102™ – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:57 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: (1213821806) 3 against direct physical loss or damage from the causes of loss identified in Section A.2.3.1, notwithstanding the undertaking of the Work. The Owner shall be responsible for all co-insurance penalties. § A.2.4 Optional Extended Property Insurance. The Owner shall purchase and maintain the insurance selected and described below. (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. For each type of insurance selected, indicate applicable limits of coverage or other conditions in the fill point below the selected item.) [ « » ]§ A.2.4.1 Loss of Use, Business Interruption, and Delay in Completion Insurance, to reimburse the Owner for loss of use of the Owner’s property, or the inability to conduct normal operations due to a covered cause of loss. « » [ « » ]§ A.2.4.2 Ordinance or Law Insurance, for the reasonable and necessary costs to satisfy the minimum requirements of the enforcement of any law or ordinance regulating the demolition, construction, repair, replacement or use of the Project. « » [ « » ]§ A.2.4.3 Expediting Cost Insurance, for the reasonable and necessary costs for the temporary repair of damage to insured property, and to expedite the permanent repair or replacement of the damaged property. « » [ « » ]§ A.2.4.4 Extra Expense Insurance, to provide reimbursement of the reasonable and necessary excess costs incurred during the period of restoration or repair of the damaged property that are over and above the total costs that would normally have been incurred during the same period of time had no loss or damage occurred. « » [ « » ]§ A.2.4.5 Civil Authority Insurance, for losses or costs arising from an order of a civil authority prohibiting access to the Project, provided such order is the direct result of physical damage covered under the required property insurance. « » [ « » ]§ A.2.4.6 Ingress/Egress Insurance, for loss due to the necessary interruption of the insured’s business due to physical prevention of ingress to, or egress from, the Project as a direct result of physical damage. « » [ « » ]§ A.2.4.7 Soft Costs Insurance, to reimburse the Owner for costs due to the delay of completion of the Work, arising out of physical loss or damage covered by the required property insurance: including construction loan fees; leasing and marketing expenses; additional fees, including those of architects, engineers, consultants, attorneys and accountants, needed for the completion of the construction, repairs, or reconstruction; and carrying costs such as property taxes, building permits, additional interest on loans, realty taxes, and insurance premiums over and above normal expenses. « » Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 DRAFTAIA Document A102™ – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:57 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: (1213821806) 4 § A.2.5 Other Optional Insurance. The Owner shall purchase and maintain the insurance selected below. (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance.) [ « » ]§ A.2.5.1 Cyber Security Insurance for loss to the Owner due to data security and privacy breach, including costs of investigating a potential or actual breach of confidential or private information. (Indicate applicable limits of coverage or other conditions in the fill point below.) « » [ « » ]§ A.2.5.2 Other Insurance (List below any other insurance coverage to be provided by the Owner and any applicable limits.) Coverage Limits N/A ARTICLE A.3   CONTRACTOR’S INSURANCE AND BONDS § A.3.1 General § A.3.1.1 Certificates of Insurance. The Contractor shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article A.3 at the following times: (1) prior to commencement of the Work; (2) upon renewal or replacement of each required policy of insurance; and (3) upon the Owner’s written request. An additional certificate evidencing continuation of commercial liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section A.3.2.1 and Section A.3.3.1. The certificates will show the Owner as an additional insured on the Contractor’s Commercial General Liability, auto, and excess or umbrella liability policy or policies. § A.3.1.2 Deductibles and Self-Insured Retentions. The Contractor shall disclose to the Owner any deductible or self- insured retentions applicable to any insurance required to be provided by the Contractor. § A.3.1.3 Additional Insured Obligations. To the fullest extent permitted by law, the Contractor shall cause the commercial general liability coverage to include (1) the Owner, the Architect, and the Architect’s consultants as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions for which loss occurs during completed operations. The additional insured coverage shall be primary and non-contributory to any of the Owner’s general liability insurance policies and shall apply to both ongoing and completed operations. To the extent commercially available, the additional insured coverage shall be no less than that provided by Insurance Services Office, Inc. (ISO) forms CG 2010 04 13, CG 20 37 07 04, and, with respect to the Architect and the Architect’s consultants, CG 2007 04 13 § A.3.2 Contractor’s Required Insurance Coverage § A.3.2.1 The Contractor shall purchase and maintain the following types and limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: § A.3.2.2 Commercial General Liability § A.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than «Five Million Dollars » ($ «5,000,000 » ) each occurrence, «Five Million Dollars » ($ «5,000,000 » ) general aggregate, and «Two Million Dollars » ($ «2,000,000 » ) aggregate for products-completed operations hazard, providing coverage for claims including .1 damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; .2 personal injury and advertising injury; Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 DRAFTAIA Document A102™ – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:57 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: (1213821806) 5 .3 damages because of physical damage to or destruction of tangible property, including the loss of use of such property; .4 bodily injury or property damage arising out of completed operations; and .5 the Contractor’s indemnity obligations under Section 3.18 of the General Conditions. § A.3.2.2.2 The Contractor’s Commercial General Liability policy under this Section A.3.2.2 shall not contain an exclusion or restriction of coverage for the following: .1 Claims by one insured against another insured, if the exclusion or restriction is based solely on the fact that the claimant is an insured, and there would otherwise be coverage for the claim. .2 Claims for property damage to the Contractor’s Work arising out of the products-completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor. .3 Claims for bodily injury other than to employees of the insured. .4 Claims for indemnity under Section 3.18 of the General Conditions arising out of injury to employees of the insured. .5 Claims or loss excluded under a prior work endorsement or other similar exclusionary language. .6 Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language. .7 Claims related to residential, multi-family, or other habitational projects, if the Work is to be performed on such a project. .8 Claims related to roofing, if the Work involves roofing. .9 Claims related to exterior insulation finish systems (EIFS), synthetic stucco or similar exterior coatings or surfaces, if the Work involves such coatings or surfaces. .10 Claims related to earth subsidence or movement, where the Work involves such hazards. .11 Claims related to explosion, collapse and underground hazards, where the Work involves such hazards. § A.3.2.3 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Contractor, with policy limits of not less than «Five Million Dollars » ($ «5,000,000 » ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles along with any other statutorily required automobile coverage. § A.3.2.4 The Contractor may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as the coverages required under Section A.3.2.2 and A.3.2.3, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § A.3.2.5 Workers’ Compensation at statutory limits. § A.3.2.6 Employers’ Liability with policy limits not less than «One Million Dollars » ($ «1,000,000 » ) each accident, «One Million Dollars » ($ «1,000,000 » ) each employee, and «One Million Dollars » ($ «1,000,000 » ) policy limit. § A.3.3 Contractor’s Other Insurance Coverage § A.3.3.1 Insurance selected and described in this Section A.3.3 shall be purchased from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Contractor is required to maintain any of the types of insurance selected below for a duration other than the expiration of the period for correction of Work, state the duration.) « » Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 DRAFTAIA Document A102™ – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:57 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: (1213821806) 6 § A.3.3.2 The Contractor shall purchase and maintain the following types and limits of insurance in accordance with Section A.3.3.1. (Select the types of insurance the Contractor is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. Where policy limits are provided, include the policy limit in the appropriate fill point.) [ « X » ]§ A.3.3.2.1 Property insurance of the same type and scope satisfying the requirements identified in Section A.2.3, which, if selected in this section A.3.3.2.1, relieves the Owner of the responsibility to purchase and maintain such insurance except insurance required by Section A.2.3.1.3 and Section A.2.3.3. The Contractor shall comply with all obligations of the Owner under Section A.2.3 except to the extent provided below. The Contractor shall disclose to the Owner the amount of any deductible, and the Owner shall be responsible for losses within the deductible. Upon request, the Contractor shall provide the Owner with a copy of the property insurance policy or policies required. The Owner shall adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance with Article 11 of the General Conditions unless otherwise set forth below: (Where the Contractor’s obligation to provide property insurance differs from the Owner’s obligations as described under Section A.2.3, indicate such differences in the space below. Additionally, if a party other than the Owner will be responsible for adjusting and settling a loss with the insurer and acting as the trustee of the proceeds of property insurance in accordance with Article 11 of the General Conditions, indicate the responsible party below.) « » [ « » ]§ A.3.3.2.2 Railroad Protective Liability Insurance, with policy limits of not less than «Not Applicable » ($ « » ) per claim and « » ($ « » ) in the aggregate, for Work within fifty (50) feet of railroad property. [ « » ]§ A.3.3.2.3 Asbestos Abatement Liability Insurance, with policy limits of not less than « Not Applicable » ($ « » ) per claim and « » ($ « » ) in the aggregate, for liability arising from the encapsulation, removal, handling, storage, transportation, and disposal of asbestos-containing materials. [ « » ]§ A.3.3.2.4 Insurance for physical damage to property while it is in storage and in transit to the construction site on an “all-risks” completed value form. [ « X » ]§ A.3.3.2.5 Property insurance on an “all-risks” completed value form, covering property owned by the Contractor and used on the Project, including scaffolding and other equipment. [ « » ]§ A.3.3.2.6 Other Insurance (List below any other insurance coverage to be provided by the Contractor and any applicable limits.) Coverage Limits § A.3.4 Performance Bond and Payment Bond The Contractor shall provide surety bonds, from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located, as follows: (Specify type and penal sum of bonds.) Type Penal Sum ($0.00) Payment Bond $12,883,588.92 Performance Bond $12,883,588.92 Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 DRAFTAIA Document A102™ – 2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:50:57 on 09/05/2018 under Order No.9523986151 which expires on 06/02/2019, and is not for resale. User Notes: (1213821806) 7 Payment and Performance Bonds shall be AIA Document A312™, Payment Bond and Performance Bond, or contain provisions identical to AIA Document A312™, current as of the date of this Agreement. ARTICLE A.4   SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Insurance and Bonds Exhibit, if any, are as follows: « » Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 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 SUBR WVD ADDL INSD 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 below If 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 HIRED AUTOS ONLY 4/8/2025 Cottingham &Butler Aaron Krogman 800 Main St. Dubuque IA 52001 5635875000 563-583-7339 Arch Insurance Company 11150 RANLLC1 Travelers Property Casualty Company of America 25674RANelsonLLC PHQ Property Services,LLC P.O.Box 5400 Avon CO 81620 812633498 A X 2,000,000 X 300,000 10,000 2,000,000 4,000,000 X X ZAPKG6604108 11/1/2024 11/1/2025 4,000,000 A A 2,000,000 X X X ZACAT6604108 ZAPKG6604108 11/1/2024 11/1/2024 11/1/2025 11/1/2025 B X X 5,000,000CUP-7S350916-24-NF 11/1/2024 11/1/2025 5,000,000 X 0 A XZAWCI660410811/1/2024 11/1/2025 1,000,000 1,000,000 1,000,000 Re:Eagle County Geothermal at 500 Broadway,Eagle,81631. The certificate holder is additional insured on the General Liability policy per written contract between the named insured and the certificate holder that requires such a status subject to the terms and conditions of the endorsement attached to the policy.The General Liability policy includes a waiver of subrogation in favor of the certificate holder per written contract between the named insured and the certificate holder that requires such a status subject to the terms and conditions of the endorsement attached to the policy. Eagle County,Colorado P.O.Box 850 500 Broadway Eagle CO 81631 Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 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 SUBR WVD ADDL INSD 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 below If 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 HIRED AUTOS ONLY 4/17/2025 Cottingham &Butler 800 Main St. Dubuque IA 52001 888-785-4677 563-583-7339 certificates@cottinghambutler.com Atlantic Specialty Insurance Company 27154 RANELSO-01 RA Nelson LLC P.O.Box 5400 Avon CO 81620 589148201 A Builders Risk 790041619-0000 4/25/2025 6/30/2026 Project Site LImit 12,843,516 RE:Eagle County Geothermal Project Eagle County Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 NOTICE REQUEST FOR PROPOSALS FOR CONSTRUCTION SERVICES FOR GEOTHERMAL PROJECT EAGLE COUNTY,COLORADO Eagle,Colorado September 26,2024 Eagle County,Colorado is soliciting proposals from construction manager/general contractors (CM/CG)for construction services for a geothermal ground loop; replacement of the existing HVAC equipment in the Eagle County Building and Old Courthouse with a high efficiency all-electric HVAC system consisting of ground source heat pumps;upgrades to the existing heating and cooling distribution system;upgraded controls;and upgraded electrical service.This Request for Proposals (“RFP”)will be non-exclusive.Eagle County reserves the right to purchase supplies or services from other third parties. Proposals must be received by FedEx,UPS,DHL,or hand delivery to the office of the Facilities Management Department at 3289 Cooley Mesa Road,Building A, Gypsum,CO 81637 or by email to ron.siebert@eaglecounty.us on or before 2:00 p.m.,on November 26,2024.Any proposal received after this time will not be considered and will be returned to the respondent unopened unless good cause is shown as determined by Eagle County in its sole discretion. The proposal document may be obtained at the office of the Facilities Department,3289 Cooley Mesa Rd.,Building A,Gypsum,CO 81637 between the hours of 8:00 a.m.to 5:00 p.m.,Monday through Friday.The complete document is also available at www.eaglecounty.us. Contact information: Ron Siebert 3289 Cooley Mesa Road Building A Gypsum,CO 81637 1-970-328-8881 ron.siebert@eaglecounty.us RFP is being published on the Eagle County Website Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 REQUEST FOR PROPOSALS INSTRUCTIONS TO RESPONDENTS 1.Eagle County,Colorado will be receiving proposals at the office of the Facilities Management Department,3289 Cooley Mesa Road,Building A,Gypsum,CO 81637 or email to ron.siebert@eaglecounty.us. 2.Any question,interpretation or clarification regarding this Request for Proposals (RFP)is required 7 calendar days prior to the due date.Responses,if any,will be issued by addenda posted to www.eaglecounty.us.All questions regarding this proposal must be in writing to Ron Siebert,Facilities Planner.Questions may be emailed to ron.siebert@eaglecounty.us.Please call to verify receipt of your questions.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.One (1)copy of your proposal is required if sent via email.Three (3)copies of your proposal are required if hard copies are sent.If brochures or other supportive documents are requested,then it is required that three (3)sets be submitted with your proposal per the above requirements. 4.Eagle County reserves the right,in its sole discretion,to reject any and all proposals submitted in response to this RFP or to waive or not waive informalities or irregularities in proposals received or RFP procedures.Eagle County also reserves the right to re-advertise this RFP or to otherwise provide the services as determined by Eagle County to be in its best interest or to accept any portion of the proposal deemed to be in the best interests of Eagle County.Eagle County additionally reserves the right to further negotiate cost,terms,or conditions of any proposal determined by Eagle County to be in its best interests. 5.Eagle County may,at its sole discretion,modify or amend any and all provisions herein.If it becomes necessary to revise any part of the RFP,addenda will be provided through posting at www.eaglecounty.us.Eagle County reserves the right to extend the RFP submittal date or to postpone the award of an agreement. 6.All proposals will be reviewed by a selection committee and any other review as determined to be necessary.Respondents may be asked to supplement their initial proposals with additional written material.Eagle County may short-list respondents based upon an evaluation of the written submittals.Eagle County may arrange for in-person interviews with the short-listed respondents for a detailed presentation. 7.The selected proposal will be the one considered the most advantageous regarding price,quality of service,qualifications and capabilities of respondent to provide the specified service,respondent’s familiarity with Eagle County,and any other factors the County may consider as determined by Eagle County in its sole discretion.Eagle County 2 Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 may award a contract even if not the lowest priced proposal based upon a review of the identified factors. 8.Respondent is encouraged to clearly identify any proprietary or confidential data or information submitted with the proposal.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 the Colorado Open Records Act,order of the court,or other law. 9.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. 10.No work shall commence nor shall any invoices be paid until the successful respondent has entered into a fully executed agreement with Eagle County and provides the requested proof of insurance. 11.No telephone or oral proposals will be accepted. 12.Proposals must be clearly identified on the front of the envelope or in the email submittal by proposal title.Responsibility for timely submittal of proposals lies solely with the respondent.Proposals received after the closing time specified will not be considered unless good cause is shown as determined by Eagle County in its sole discretion. 13.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. 14.All respondents must include a fully executed Proposal Form with their proposal. 15.Eagle County reserves the right to award an agreement to the respondent that demonstrates the best ability to fulfill the requirements of the project based upon Eagle County’s evaluation of the selection criteria. 16.This RFP is not intended to completely define the contractual relationship to be entered into with the successful respondent(s). 17.Upon identification by Eagle County of the successful respondent,Eagle County will give the successful respondent the first right to negotiate an agreement acceptable to Eagle County.The agreement will be in a form substantially similar to the Sample Contract and General Conditions included as Exhibits F and I.In the event that an agreement satisfactory to Eagle County cannot be reached,Eagle County may enter into 3 Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 negotiations with one or more of the remaining respondents.Eagle County may choose to discard all proposals and re-issue another RFP. 18.The successful respondent will perform all of the work or services indicated in the proposal in compliance with the negotiated agreement. 19.Prior to the commencement of performance of any construction 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 as set forth in Section 5.3 of the General Conditions to the Sample Contract.Prior to the commencement of performance of any construction services for Eagle County,the successful respondent shall also furnish to Eagle County all bonds as required by Article 5 of the General Conditions to the Sample Contract. 4 Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 REQUEST FOR PROPOSAL PROPOSAL FORM THIS PROPOSAL FORM MUST BE SUBMITTED WITH YOUR PROPOSAL TO:Eagle County,Colorado Ron Siebert 3289 Cooley Mesa Road Building A Gypsum,CO 81637 1-970-328-8881 ron.siebert@eaglecounty.us Re:CONSTRUCTION SERVICES FOR GEOTHERMAL PROJECT The undersigned,having examined the Instructions to Respondents and any and all documents related to the above referenced RFP: (a)Agrees to comply with all conditions,requirements,and instructions of the Request for Proposal as stated or implied therein; (b)Acknowledges the right of Eagle County,Colorado in its sole discretion to reject any or all proposals submitted,and that an award may be made to a respondent even though not the lowest cost; (c)Acknowledges and agrees that the discretion of Eagle County,Colorado in selection of the successful respondent(s)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 he has the authority to sign this Proposal Form and bind the company named below.The respondent further acknowledges that Eagle County,Colorado 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:_______________________________________ 5 RA Nelson LLC Regional Manager Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 REQUEST FOR PROPOSAL PROJECT DESCRIPTION Eagle County(“County”)is soliciting request for proposals and experience from construction manager/general contractors (CM/CG)for construction services for geothermal ground loop,replacement of the existing HVAC equipment in the Eagle County Building and Old Courthouse with a high efficiency all-electric HVAC system consisting of ground source heat pumps,upgrades to the existing heating and cooling distribution system,upgraded controls and upgraded electrical service per the attached Exhibits A,A.1,A.2,A.3,B,C,D,E,F,G,H and I..This Request for Proposals (“RFP”) will be non-exclusive.Eagle County reserves the right to purchase supplies or services from other third parties. SCOPE OF SERVICES The CM/GC's services during the construction services phase include,but are not limited to,construction management,administration,field supervision,coordinating subcontractors,maintaining quality,maintaining the budget,meeting schedules,attending progress meetings,communicating with the Engineer and Owner. PROPOSAL SUBMITTAL REQUIREMENTS 1.Proposal Form.Must be signed and submitted with response. 2.Qualifications.Briefly explain your company’s qualifications to provide the services requested,e.g.,years in business,staffing,vehicles to be utilized and experience. 3.Experience.All Contractors need to be able to provide experience that is equivalent in size and scope,or larger,to that of this Project. 4.Schedule.Project to be completed in 2025. 5.Budget/Pricing.Provide Bid Sheet (Exhibit H) 6.Familiarity with Eagle County.Provide a narrative describing familiarity with Eagle County. 7.References.Please provide three (3)references from current customers receiving the same or similar service(s).Include name of entity,contact name,telephone number size,scope and cost of the completed projects. 8.Legal Issues.Are there any lawsuits,federal,state or local tax liens,or any potential claims or liabilities against you,your company or the officers of the company at this time or within the last three years?If so,please explain. 6 Exhibit H is not being included. See detailed estimate from RA Nelson. Pending approval schedule and weather dependent landscaping work. See notes in red below from discussion with Eagle County on 02/03/25. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 9.Deliverables. a.Bid,Performance and Payment bonds are required. b.Documentation that prevailing wages for the area are being met. c.Documentation of an apprenticeship program for the mechanical,electrical and drilling contractors. d.Documentation of domestic content is being met. e.Bid Sheet (Exhibit H) 10.Mandatory Pre-Bid Meeting.Meet at the east parking lot at the Eagle County Building located at 500 Broadway,Eagle CO.81631 on October 17,2024 at 1:00 PM.Proposals will not be accepted from CM/GC that do not attend this mandatory pre-bid meeting. 11.Evaluation Criteria.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 Construction 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. 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,fees, 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 above,approval of insurance certificates and a notice to proceed is given by Eagle County. 7 - Prime contract modifications have been requested by RA Nelson. This is under review by the Owner and will need to be resolved as part of this agreement. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 »49 Years in Business in Eagle County »Locally Based in Avon »Employee Owned »76 Full Time, Local Employees »3 Geothermal Projects 1. Walking Mountains Science Center 2. Bachelor Gulch Custom Home 3. Vail Slopeside Custom Home »Experience working with R&H Mechanical, Encore Electric and Iconergy »UBE In-House Excavating Division »10 Projects with Eagle County »43 Government Agency Projects »21 LEED® Standard Buildings References: »Markian Feduschak, President, Walking Mountains Science Center: 970.306.0560, markianf@walkingmountains.org »Kristin Degenhardt, Project Manager, Eagle County: 970.471.2320, kristin.degenhardt@ eaglecounty.us »Brad Perry, Director of Engineering and Security, Manor Vail Lodge: 970.389.9977, brad.perry@ manorvail.com Walking Mountains Science Center, Avon LEED® Platinum Carbondale Library, Carbondale LEED® Gold Equivalent Executive Summary Legal Items: »OCTOBER 2024: CDARA CLAIM brought by The Charter at Beaver Creek Condominium Association: Notice was given of construction defects of excessive cracking and checks on doors. »MAY 2023: CDARA CLAIM brought by South Aspen Street PUD North Condominium Association- One Aspen: Notice was given of construction defects in the common elements with respect to the exterior deck drains, including the rooftop patios, and rear decks. This is under investigation. »June 2023: CDARA CLAIM brought by the Hummingbird Lodge Association: Notice was given of construction defects in the common elements at the Hummingbird lodge including spas, spa deck, and mechanical room piping. Settled.Betty Ford Alpine Gardens Education Center, Vail Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 1 Cost Estimate Summary ECB Geothermal (L&M Breakout) - Builders Risk Update Date: 04/16/2025 Drawing Phase: Permit Drawing Date: 09/26/2024 Total Estimate: 12,883,588.92 Direct Cost of Work Description Total Base Bid 0.00 General Conditions 1,084,075.00 Geothermal Wells & Site Work 2,708,449.32 Interior Patching & Miscellaneous 387,474.00 Mechanical 5,754,132.00 Electrical 1,019,809.00 Cooling Tower Roof 86,863.00 Totals $11,040,802.32 Insurance Description Percentage Totals Sub-Total (Insurance) Builders Risk Insurance - Allowance 0.00%$35,000.00 General Liability Insurance 1.50%$193,199.67 R&H Mechanical Bond 3.00%$169,323.96 Encore Bond 0.75%$7,648.57 Sub-Total (Insurance) Total $11,445,974.52 Contingency Description Percentage Totals Sub-Total (Contingency) Design Contingency - By Owner 0.00%$0.00 Construction Contingency 5.00%$572,298.73 Sub-Total (Contingency) Total $12,018,273.25 Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 2 Fee Description Percentage Totals Total Estimate GC Fee 6.50%$781,187.76 Payment and Performance Bond 0.70%$84,127.91 Total Estimate Total $12,883,588.92 Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 3 Estimate Table Item Code Description Quantity Unit Unit Cost Total GENERAL REQUIREMENTS ADMIN. REQUIREMENTS 01.3000.3100 Senior Project Manager 457.00 HR 180.00 82,260.00 01.3000.3120 Project Manager 2,283.00 HR 115.00 262,545.00 01.3000.3180 Project Coordinator 913.00 HR 75.00 68,475.00 01.3000.3250 General Superintendent 1,903.00 HR 150.00 285,450.00 01.3000.3260 Superintendent 1,903.00 HR 115.00 218,845.00 ADMIN. REQUIREMENTS Totals $917,575.00 TEMPORARY FACILITIES 01.5000.5100 Temporary Power, Water, and Gas 0.00 NIC 0.00 0.00 01.5000.5300 Field Trailer 10.00 MO 1,400.00 14,000.00 01.5000.5400 Field Office Equipment & Supplies 10.00 MO 300.00 3,000.00 01.5000.5500 Temporary Sanitary Facilities 10.00 MO 600.00 6,000.00 01.5000.5700 Telephone/Internet Usage Fees 10.00 MO 350.00 3,500.00 01.5000.5800 Temporary Barriers & Signs 1.00 LS 5,000.00 5,000.00 TEMPORARY FACILITIES Totals $31,500.00 EXECUTION REQUIREMENTS 01.7000.7200 Safety/First Aid/OSHA 10.00 MO 500.00 5,000.00 01.7000.7200 Safety Inspections 10.00 EA 850.00 8,500.00 01.7000.7300 Mobilize & Demobilize 1.00 LS 2,500.00 2,500.00 01.7000.7400 Matterport Camera 1.00 LS 2,000.00 2,000.00 01.7000.7900 Construction Technology 1.00 LS 17,000.00 17,000.00 01.7000.7910 Other Cost Considerations 0.00 LS 0.00 0.00 EXECUTION REQUIREMENTS Totals $35,000.00 GENERAL REQUIREMENTS Totals $984,075.00 SITE WORK DEMOLITION & HAZMAT 02.1000.1100 Interior Demolition for MEP Work 390.00 HR 65.00 25,350.00 02.1000.1200 Asphalt Demolition 1,200.00 SF 4.00 4,800.00 02.1000.1200 Concrete Sidewalk & Curb Demolition 200.00 SF 10.00 2,000.00 02.1000.1200 Saw Cutting 1.00 LS 2,500.00 2,500.00 02.1000.1300 Asbestos Abatement 0.00 NIC 0.00 0.00 DEMOLITION & HAZMAT Totals $34,650.00 SITE PREPARATION 02.2000.2100 Excavator Mobilize/Demobilize 1.00 LS 10,000.00 10,000.00 Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 4 Item Code Description Quantity Unit Unit Cost Total 02.2000.2200 Construction Surveying 60.00 EA 100.00 6,000.00 02.2000.2300 Trackout Control Mats 2.00 EA 5,000.00 10,000.00 02.2000.2300 Traffic Control 15.00 DY 800.00 12,000.00 02.2000.2500 Site Clearing - Labor 35,000.00 SF 0.25 8,750.00 02.2000.2500 Site Clearing - Export Trucking 150.00 HR 120.00 18,000.00 02.2000.2500 Site Clearing - Dump Fees 1,005.00 TON 12.00 12,060.00 02.2000.2500 Tree Removal 0.00 NIC 0.00 0.00 02.2000.2700 Temp Construction Fences - West Bore Field 1,250.00 LF 7.90 9,875.00 02.2000.2700 Construction Gate - Included 0.00 GBA 0.00 0.00 02.2000.2700 Temp Construction Fences - East Bore Field 230.00 LF 8.70 2,001.00 02.2000.2700 Temp Construction Fences - North Entry 760.00 LF 7.81 5,935.60 02.2000.2900 Erosion/Sediment Control 1.00 LS 10,000.00 10,000.00 02.2000.2900 Geothermal Slurry Pit 1.00 LS 5,000.00 5,000.00 SITE PREPARATION Totals $109,621.60 SITE EARTHWORK 02.4000.4100 Geothermal Trenching 1,920.00 LF 70.00 134,400.00 02.4000.4200 Geothermal Spoils - Labor 360.00 CY 20.00 7,200.00 02.4000.4200 Geothermal Spoils - Trucking 72.00 HR 120.00 8,640.00 02.4000.4200 Geothermal Spoils - Dump Fees 720.00 TON 58.00 41,760.00 02.4000.4500 Final Grading 35,000.00 SF 0.25 8,750.00 SITE EARTHWORK Totals $200,750.00 UTILITY EXTENSIONS 02.5000.5100 Temporary Water Source for Geothermal Drilling 3.00 MO 5,500.00 16,500.00 02.5000.5100 Flowfill of Existing Water Service at Proposed Geothermal Crossing 50.00 LF 300.00 15,000.00 02.5000.5600 Remove & Set New Electrical Vault & Transformer 1.00 LS 15,000.00 15,000.00 02.5000.5800 Rerouting Comcast/Century Link Lines 0.00 NIC 0.00 0.00 02.5000.5900 Utility Potholing - ALLOWANCE 10.00 EA 3,500.00 35,000.00 02.5000.5900 Existing Utility Services/Mains Relocation 0.00 NIC 0.00 0.00 UTILITY EXTENSIONS Totals $81,500.00 PAVEMENT 02.7000.7100 Asphalt IR Patching 1,001.00 SF 8.00 8,008.00 02.7000.7100 Asphalt Mobilization 1.00 LS 350.00 350.00 02.7000.7100 Gravel Subbase Repair 1,400.00 SF 5.00 7,000.00 02.7000.7400 Pavement Striping 1.00 LS 1,000.00 1,000.00 PAVEMENT Totals $16,358.00 SITE IMPROVEMENTS 02.8000.8100 Move & Modify Horseshoe East Fence - ALLOWANCE 60.00 LF 150.00 9,000.00 SITE IMPROVEMENTS Totals $9,000.00 Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 5 Item Code Description Quantity Unit Unit Cost Total LANDSCAPING 02.9000.9100 Sod Replacement 35,000.00 SF 1.90 66,500.00 02.9000.9100 Top Soil Import 38.00 CY 750.00 28,500.00 02.9000.9100 Landscape Mobilization and setup 1.00 LS 2,750.00 2,750.00 02.9000.9100 Sod Replacement Labor 150.00 CY 70.00 10,500.00 02.9000.9100 Top Soil Labor 220.00 SF 70.00 15,400.00 02.9000.9100 Landscape Material 1.00 LS 3,580.00 3,580.00 02.9000.9100 Landscape Labor 30.00 CY 70.00 2,100.00 02.9000.9100 Irrigation System - Installation 170.00 CY 70.00 11,900.00 02.9000.9100 Irrigation System - Tech & Design 80.00 EA 95.00 7,600.00 02.9000.9100 Irrigation System - Irrigation Parts 1.00 EA 16,200.00 16,200.00 02.9000.9100 Landscape Trucking 1.00 EA 5,500.00 5,500.00 02.9000.9100 Landscape Dump Fees 1.00 LS 2,200.00 2,200.00 02.9000.9100 Landscape Equipment Use 1.00 EA 5,200.00 5,200.00 LANDSCAPING Totals $177,930.00 SITE WORK Totals $629,809.60 CONCRETE EXTERIOR CONCRETE SLABS 03.3000.3100 Concrete Curb Replacement 80.00 LF 42.00 3,360.00 03.3000.3300 Concrete Sidewalk Replacement 200.00 SF 15.00 3,000.00 EXTERIOR CONCRETE SLABS Totals $6,360.00 CONCRETE SPECIALTIES 03.4000.4400 Concrete Pumps 1.00 EA 2,500.00 2,500.00 03.4000.4700 Concrete Coring & GPR 1.00 LS 15,000.00 15,000.00 03.4000.4700 Misc. Concrete Patching 1.00 LS 5,000.00 5,000.00 CONCRETE SPECIALTIES Totals $22,500.00 CONCRETE Totals $28,860.00 METALS STRUCTURAL STEEL 05.1000.1100 Cooling Tower Steel - Welding and Fabrication 1.00 LS 7,296.00 7,296.00 05.1000.1100 Cooling Tower Steel - Materials & Hardware 1.00 LS 8,550.00 8,550.00 STRUCTURAL STEEL Totals $15,846.00 METALS Totals $15,846.00 WOODS GENERAL LABOR 06.6000.6100 General Labor 1,730.00 HR 65.00 112,450.00 GENERAL LABOR Totals $112,450.00 Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 6 Item Code Description Quantity Unit Unit Cost Total WOODS Totals $112,450.00 THERMAL & MOISTURE PROTECTION WATERPROOFING 07.1000.1100 Foundation Waterproofing 0.00 SF 0.00 0.00 WATERPROOFING Totals $0.00 THERMAL PROTECTION & INSULATION 07.2000.2200 Cooling Tower Insulation 1.00 LS 4,760.00 4,760.00 THERMAL PROTECTION & INSULATION Totals $4,760.00 ROOFING 07.3000.3100 Cooling Tower Roof Structure - Carlisle 20 Year NDL System Warranty 1.00 LS 1,584.00 1,584.00 07.3000.3100 Cooling Tower Roof Structure - Ballast, TPO Membane, Coverboard, Tapered Insulation, Rigid Insulation 1.00 LS 16,430.00 16,430.00 ROOFING Totals $18,014.00 WEATHER CONDITIONS ALLOWANCE 07.5000.5100 Temporary Heating & Cooling - ALLOWANCE 1.00 LS 100,000.00 100,000.00 WEATHER CONDITIONS ALLOWANCE Totals $100,000.00 JOINT SEALERS 07.9000.9100 Caulking & Sealants 1.00 LS 2,500.00 2,500.00 JOINT SEALERS Totals $2,500.00 THERMAL & MOISTURE PROTECTION Totals $125,274.00 DOORS & WINDOWS SPECIALTY DOORS 08.3000.3400 Bilco Roof Access Hatch for Cooling Tower Roof 1.00 EA 10,665.00 10,665.00 08.3000.3400 Bilco Roof Access Hatch for Cooling Tower Roof - Installation 1.00 EA 3,000.00 3,000.00 08.3000.3400 Access Panels 32.00 EA 800.00 25,600.00 SPECIALTY DOORS Totals $39,265.00 DOORS & WINDOWS Totals $39,265.00 FINISHES DRYWALL & GYPSUM FINISHES 09.2000.2100 Drywall Demo, Reframe, and Patchwork - ALLOWANCE 1.00 LS 37,800.00 37,800.00 09.2000.2100 Cooling Tower Framing, Drywall for Walls and Ceiling - Labor 1.00 LS 13,078.00 13,078.00 09.2000.2100 Cooling Tower Framing, Drywall for Walls and Ceiling - Materials 1.00 LS 9,400.00 9,400.00 09.2000.2100 Cooling Tower CFMF Engineering for Roof Framing System 1.00 LS 6,600.00 6,600.00 DRYWALL & GYPSUM FINISHES Totals $66,878.00 PROTECTION OF FINISHES Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 7 Item Code Description Quantity Unit Unit Cost Total 09.4000.4100 Protection of Finishes - Materials 1.00 LS 20,000.00 20,000.00 09.4000.4100 Protection of Finishes - Labor 1,038.00 HR 45.00 46,710.00 09.4000.4200 Construction Cleaning 692.00 HR 42.00 29,064.00 PROTECTION OF FINISHES Totals $95,774.00 PAINTING & FINISHING 09.9000.9100 Painting - Cooling Tower 1.00 LS 3,000.00 3,000.00 09.9000.9100 Painting for Drywall Patching - ALLOWANCE 1.00 LS 25,500.00 25,500.00 PAINTING & FINISHING Totals $28,500.00 FINISHES Totals $191,152.00 EQUIPMENT TOOLS & EQUIPMENT 11.6000.6100 Hoisting 1.00 LS 10,000.00 10,000.00 11.6000.6200 Skidsteer Rental 3.00 MO 3,700.00 11,100.00 11.6000.6500 Small Tools 10.00 MO 1,500.00 15,000.00 11.6000.6800 Dumpster Charges 1.00 LS 10,000.00 10,000.00 TOOLS & EQUIPMENT Totals $46,100.00 EQUIPMENT Totals $46,100.00 MECHANICAL FIRE PROTECTION 15.3000.3100 Fire Protection / Fire Alarm/ Ceiling Devices / MEP Systems Modifications - ALLOWANCE 1.00 LS 20,000.00 20,000.00 FIRE PROTECTION Totals $20,000.00 HEATING SYSTEMS 15.5000.5100 Geothermal Manifold - Materials 1.00 LS 80,640.00 80,640.00 15.5000.5100 Geothermal Manifold - Labor 1.00 LS 200,948.21 200,948.21 15.5000.5100 Geothermal Field & Manifold Glycol Purge & Fill - Labor 1.00 LS 53,760.00 53,760.00 15.5000.5100 Geothermal Field & Manifold Glycol Purge & Fill - Materials 1.00 LS 193,959.60 193,959.60 15.5000.5100 Geothermal Bore Field - Labor 1.00 LS 825,090.92 825,090.92 15.5000.5100 Geothermal Bore Field - Materials 1.00 LS 464,550.91 464,550.91 15.5000.5100 Geothermal Bore Field - Mobilizations, Overnights, & Per Diems 1.00 LS 147,387.63 147,387.63 15.5000.5100 Geothermal Bore Field - Equipment & Fuel 1.00 LS 117,692.45 117,692.45 15.5000.5100 Geothermal Bond Incuded 1.00 LS 0.00 0.00 HEATING SYSTEMS Totals $2,084,029.72 AIR DISTRIBUTION 15.7000.7200 Building A - Mechanical Systems Scope of Work 0.00 LS 0.00 0.00 15.7000.7200 Building B - Mechanical Systems Scope of Work 0.00 LS 0.00 0.00 15.7000.7200 Building C - Mechanical Systems Scope of Work 0.00 LS 0.00 0.00 Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 8 Item Code Description Quantity Unit Unit Cost Total 15.7000.7200 Building D - Mechanical Systems Scope of Work 0.00 LS 0.00 0.00 15.7000.7200 Building E - Mechanical Systems Scope of Work 0.00 LS 0.00 0.00 15.7000.7200 Old Courthouse - Mechanical Systems Scope of Work 0.00 LS 0.00 0.00 15.7000.7200 Mechanical Room - Mechanical Systems Scope of Work 0.00 LS 0.00 0.00 15.7000.7200 DDC Controls - Mechanical Systems Scope of Work 0.00 LS 0.00 0.00 15.7000.7200 DDC Controls Continued - Mechanical Systems Scope of Work 0.00 LS 0.00 0.00 15.7000.7200 Mechanical/HVAC - 5x Mainstream IntelliCube - Material 1.00 LS 252,000.00 252,000.00 15.7000.7200 Mechanical/HVAC - 5x Mainstream IntelliCube - Labor 1.00 LS 174,672.00 174,672.00 15.7000.7200 Mechanical/HVAC - FP VAV Boxes - Material 1.00 LS 250,000.00 250,000.00 15.7000.7200 Mechanical/HVAC - FP VAV Boxes - Labor 1.00 LS 186,910.00 186,910.00 15.7000.7200 Mechanical/HVAC - VAV Boxes - Materials 1.00 LS 190,972.00 190,972.00 15.7000.7200 Mechanical/HVAC - VAV Boxes - Labor 1.00 LS 187,490.00 187,490.00 15.7000.7200 Mechanical/HVAC - Separate BAS Control Upgrade Cost w/ Labor 1.00 LS 532,000.00 532,000.00 15.7000.7200 Mechanical/HVAC - Hydronic Heat Pumps, Buffer Tanks, Pumps, VFDs - Labor 1.00 LS 412,084.00 412,084.00 15.7000.7200 Mechanical/HVAC - Hydronic Heat Pumps, Buffer Tanks, Pumps, VFDs - Materials 1.00 LS 1,694,200.00 1,694,200.00 15.7000.7200 Mechanical/HVAC - Piping Upgrades - Materials 1.00 LS 472,000.00 472,000.00 15.7000.7200 Mechanical/HVAC - Piping Upgrades - Labor 1.00 LS 1,072,144.00 1,072,144.00 15.7000.7300 Mechanical Systems Two-year Warranty 1.00 LS 28,610.00 28,610.00 15.7000.7300 Missing VAV Piping Components Replacement - ALLOWANCE 50.00 EA 1,870.00 93,500.00 15.7000.7800 Commissioning - "Best" Scope with Geothermal Systems Consulting 1.00 LS 97,550.00 97,550.00 AIR DISTRIBUTION Totals $5,644,132.00 MECHANICAL Totals $7,748,161.72 ELECTRICAL ELECTRICAL ROUGH & TRIM 16.1000.1100 Mechanical Connections - Materials 1.00 LS 150,841.00 150,841.00 16.1000.1100 Mechanical Connections - Labor 1.00 LS 91,744.00 91,744.00 ELECTRICAL ROUGH & TRIM Totals $242,585.00 ELECTRICAL SERVICE 16.2000.2100 Service & Distribution - Materials 1.00 LS 295,118.00 295,118.00 16.2000.2100 Service & Distribution - Labor 1.00 LS 55,233.00 55,233.00 16.2000.2200 Temporary Power ALLOWANCE - Materials 1.00 LS 291,963.00 291,963.00 16.2000.2200 Temporary Power ALLOWANCE - Labor 1.00 LS 134,910.00 134,910.00 ELECTRICAL SERVICE Totals $777,224.00 ELECTRICAL Totals $1,019,809.00 INDIRECT COSTS Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 9 Item Code Description Quantity Unit Unit Cost Total INDIRECT COST 17.1000.1080 Grant Requirements Reporting - ALLOWANCE 1.00 LS 100,000.00 100,000.00 INDIRECT COST Totals $100,000.00 INDIRECT COSTS Totals $100,000.00 Totals $11,040,802.32 Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 10 Estimate Notes: Item Code Description Notes 01 Qualifications & Exclusions 01 GENERAL REQUIREMENTS 01.5000 TEMPORARY FACILITIES 01.5000.5100 Temporary Power, Water, and Gas Excluded, assumes utility fees are paid by Owner 01.7000 EXECUTION REQUIREMENTS 01.7000.7910 Other Cost Considerations The following permits and fees are excluded and assumed by Owner: Utility Provider Engineering & Fees (Holy Cross Electric), All Architectural, Interior Design, Civil, Landscape, Structural, Mechanical, and Electrical design fees are excluded. Geotechnical & Materials Testing (3rd Party Testing) is excluded. Owner Contingency & Design Contingency are excluded and assumed by Owner. Builders Risk Insurance is excluded and assumed by Owner. It is assumed that this project is Tax Exempt. Coordination of transformer replacement and temp power requirements are TBD and the cost of this work may not be fully recognized in this estimate. Transformer replacement by HCE is not required per HCE engineering teams. Questions regarding Prevailing Wages, Domestic Material Manufacturing, and Project Labor Agreement requirements have not been fully addressed at the time of this proposal. The cost of work may be adjusted once questions regarding these items and the specific grant requirements are fully addressed. 02 SITE WORK 02.1000 DEMOLITION & HAZMAT 02.1000.1300 Asbestos Abatement Excluded, assumes not required 02.2000 SITE PREPARATION 02.2000.2500 Tree Removal Excluded, assumes Eagle County to trim trees as necessary for geothermal drilling prior to drilling mobilization. 02.5000 UTILITY EXTENSIONS 02.5000.5600 Remove & Set New Electrical Vault & Transformer Supply of new vault & transformer and primary electrical service work is excluded and assumed by HCE. 02.5000.5800 Rerouting Comcast/Century Link Lines Excluded, assumes cost directly to owner from Comcast/Century Link. Some lines may need to be rerouted based on proposed geothermal locations. 02.5000.5900 Existing Utility Services/Mains Relocation Excluded, assumes not required. Plan is to pothole and expose existing utility lines at crossings with geothermal horizontals and leave in place/work around them. 02.9000 LANDSCAPING 02.9000.9100 Irrigation System - Irrigation Parts Includes, Main line, Scrubber valves, Multi Strand, Laterals, Valve Boxes, Fittings and Heads 09 FINISHES 09.2000 DRYWALL & GYPSUM FINISHES 09.2000.2100 Cooling Tower CFMF Engineering for Roof Framing System Option if engineered shop drawings for the cold formed metal framing for the new cooling tower roof structure. 15 MECHANICAL 15.5000 HEATING SYSTEMS Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 11 Item Code Description Notes 15.5000.5100 Geothermal Manifold - Materials Geothermal Manifold 1. Labor & material required to install the interior geothermal manifold. 2. Fittings, butterfly valves, flanges, HDPE piping, HDPE fittings, pressure/temperature ports, flow balancers, and loop tags. 3. Piping and fittings to be HDPE piping. 4. HDPE flanges with back up rings for transition to valves and flow balancers. 5. HDPE piping and fittings to be plastic fusion welded per manufacturer’s instructions. 6. Pressure testing of geothermal manifold. Geothermal Bore Field1. Labor, material & equipment required to install the ground heat exchanger. 2. Drilling labor & material for 60 boreholes per site at a net borehole depth of 506' (Total Net Drilling 30,000 per site) per G1.01 and 6/G1.02. The test well will be incorporated into the field to complete 60 Boreholes. 3. Holes will be drilled using mud rotary drilling methods. 4. Grouting of the boreholes at a 1.0 Thermal Conductivity per G1.01. 5. Trenching, bedding, backfilling and all piping to a depth of 6' in the circuits trenches per conference call discussion. 6. Circuits to be of HDPE piping with 10 Circuits of 6 loops per G1.01 and 3/G1.02 circuit at 25' spacing supply and return sized up to 3" per 3/G1.02. 7. All header piping & pressure testing to be performed per specification. 8. Major+ Panterra to provide glycol fill & purge within Geo-field scope. 9. Workmen's Compensation & Liability Insurance is included. 10. Proposed Prevailing Wages are based on current comparable Wage Determinations in neighboring counties and shall be considered as an allowance. Proposed Wages shall be adjusted upon receipt of an applicable Wage Determination. Project Assumptions: 1. HPDE pipe and fittings are acceptable for geothermal manifold. 2. Sufficient area exists to install geothermal manifold per Detail 5 on Page G1.02 of Exhibit A.GHX Site Plan. 3. 3 inch geothermal bore field headers will be piped into 6 inch geothermal manifold. 15.5000.5100 Geothermal Manifold - Labor Note: Above Labor Costs Doesn’t Include Prevailing Wage (Haven’t been provided prevailing wage information for geothermal scope) 15.7000 AIR DISTRIBUTION 15.7000.7200 Building A - Mechanical Systems Scope of Work Building A (1) Mainstream IntelliCube fan array containing (3) 7.5 hp fans for the existing air handler unit in Building A. The existing air handler unit, as well as all existing piping and ducting, will remain in place. (6) Trane VPWF 1/3 hp fan-powered VAV boxes containing a hydronic reheat coil, factory damper, velocity sensor, and fan relay. Remove existing mains and upsize the heating water supply and return piping to all fan-powered VAVs. New units to be tied into existing ductwork, piping, and components. (1) Trane VCWF VAV box containing a hydronic reheat coil. Remove existing mains and upsize heating water supply and return piping to all fan-powered VAVs. New unit to be tied into existing ductwork, piping, and components. (3) Trane FFBB040 5.7 kW electric cabinet unit heaters with integrated thermostats. All new piping will be insulated as specified. 15.7000.7200 Building B - Mechanical Systems Scope of Work Building B (1) Mainstream IntelliCube fan array containing (3) 10 hp fans for the existing air handler unit in Building B. The existing air handler unit and ducting will remain in place. Piping to the air handler unit will be upsized and new ball valves, balancing valves, strainers, etc. will be installed. (16) Trane VPWF 1/3 hp fan-powered VAV boxes containing a hydronic reheat coil, factory damper, velocity sensor, and fan relay. Remove existing mains and upsize heating water supply and return piping to all fan-powered VAVs. New units to be tied into existing ductwork, piping, and components. (1) Trane VCWF VAV box containing a hydronic reheat coil. Remove existing mains and upsize heating water supply and return piping to all fan-powered VAVs. New unit to be tied into existing ductwork, piping, and components. All new piping will be insulated as specified. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 12 Item Code Description Notes 15.7000.7200 Building C - Mechanical Systems Scope of Work Building C (1) Mainstream IntelliCube fan array containing (3) 10 hp fans for the existing air handler unit in Building C. The existing air handler unit and ducting will remain in place. Piping to the air handler unit will be upsized and new ball valves, balancing valves, strainers, etc. will be installed. Remove existing mains and upsize chilled water supply and return piping to this air handler unit as drawn. (14) Trane VPWF 1/3 hp fan-powered VAV boxes containing a hydronic reheat coil, factory damper, velocity sensor, and fan relay. Remove existing mains and upsize heating water supply and return piping to all fan-powered VAVs. New units to be tied into existing ductwork, piping, and components. (9) Trane VCWF VAV box containing a hydronic reheat coil. Remove existing mains and upsize heating water supply and return piping to all fan-powered VAVs. New unit to be tied into existing ductwork, piping, and components. All new piping will be insulated as specified. 15.7000.7200 Building D - Mechanical Systems Scope of Work Building D (1) Mainstream IntelliCube fan array containing (2) 15 hp fans for the existing air handler unit in Building D. The existing air handler unit and ducting will remain in place. Piping to the air handler unit will be upsized and new ball valves, balancing valves, strainers, etc. will be installed. Remove existing mains and upsize chilled water supply and return piping to this air handler unit as drawn. (12) Trane VPWF 1/3 hp fan-powered VAV boxes containing a hydronic reheat coil, factory damper, velocity sensor, and fan relay. Remove existing mains and upsize heating water supply and return piping to all fan-powered VAVs. New units to be tied into existing ductwork, piping, and components. (5) Trane VCWF VAV box containing a hydronic reheat coil. Remove existing mains and upsize heating water and supply and return piping to all fan- powered VAVs. New unit to be tied into existing ductwork, piping, and components. All new piping will be insulated as specified. 15.7000.7200 Building E - Mechanical Systems Scope of Work Building E (1) Mainstream IntelliCube fan array containing (2) 5 hp fans for the existing air handler unit in Building E. The existing air handler unit and ducting will remain in place. Piping to the air handler unit will be upsized and new ball valves, balancing valves, strainers, etc. will be installed. Remove existing mains as drawn and upsize chilled water supply and return piping to this air handler unit. (5) Trane VPWF 1/3 hp fan-powered VAV boxes containing a hydronic reheat coil, factory damper, velocity sensor, and fan relay. Remove existing mains and upsize heating water supply and return piping to all fan-powered VAVs. New units to be tied into existing ductwork, piping, and components. (1) Trane VCWF VAV box containing a hydronic reheat coil. Remove existing mains and upsize heating water and supply and return piping to all fan- powered VAVs. New unit to be tied into existing ductwork, piping, and components. (2) Trane FFBB040 5.7 kW electric cabinet unit heaters with integrated thermostats. All new piping will be insulated as specified. 15.7000.7200 Old Courthouse - Mechanical Systems Scope of Work Old Courthouse (35) Trane VCWF VAV box containing a hydronic reheat coil. Remove existing mains and upsize heating water and supply and return piping to all fan-powered VAVs. New unit to be tied into existing ductwork, piping, and components. (2) Trane FFBB040 5.7 kW electric cabinet unit heaters with integrated thermostats. All new piping will be insulated as specified. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 13 Item Code Description Notes 15.7000.7200 Mechanical Room - Mechanical Systems Scope of Work Mechanical Room The existing heating and cooling system will be replaced with a geothermal heat pump system. All piping, fittings, valves, and equipment will be replaced in the mechanical room, excluding (2) Air Handler Units and (2) Boilers. A crane will be provided for cooling tower and chiller demo. Connections to existing boilers and air handler units is included. Hydronic Test and balance will be conducted after installation is completed. All piping to be insulated as specified. The following equipment will be provided and installed: (5) ClimaCool water-to-water heat pumps. Piping on the source and load side including all required balancing valves, isolation valves, and P/T sensors. Geo-field piping and manifold to be installed, filled, and purged by geo contractor. (16) Grundfos pumps. (5) 3 hp inline pumps for heat pump source piping, (5) 3 hp inline pumps for heat pump load piping, (2) 20 hp end suction pumps for heating water supply, (2) 20 hp end suction pumps for chilled water supply, and (2) 2.1 hp inline pumps for boiler loop circulation. All pumps include the required wye strainers, check valves, isolation valves, and P/T sensors included.(1) Laars 1000-gallon buffer tank for heat pump heating water. (1) Laars 300-gallon buffer tank for heat pump chilled water. (3) Axiom SF100 glycol feeders. (4) Magnetic boiler filters. (2) Wessels Company 211-gallon expansion tanks and specified air separators. (1) Wessels Company 60-gallon expansion tank and specified air separator. (1) Trane BCHE54 four-pipe ducted fan coil unit equipped with specified drain pan and wet switch. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 14 Item Code Description Notes 15.7000.7200 DDC Controls - Mechanical Systems Scope of Work BAS Controls: - Engineered Control Drawings, Installation, Labor, and Material, Project Supervision, System Programming, BAS Checkout and Verification, Standard / Custom Graphics Package, One-year (1) Parts and Labor Warranties, (2) 2-Hour Onsite Owner Training Sessions - (60) Hours of Pre-Functional / Functional Testing Assistance with Commissioning Agent - There are (2) existing Tracer SC+ System Controllers that will remain and used for the current renovation, (1) is located in Building B and (1) is located in Old Courthouse o Existing Building B Tracer SC+ System Controller Provide and wire (7) Trane Air-Fi Wireless Communication Interface (WCI) Coordinators • Locate (1) in Building A, (1) on Eagle Level • Locate (2) in Building B, (1) on Eagle Level and (1) on Courtyard Level • Locate (2) in Building C, (1) on Eagle Level and (1) on Courtyard Level • Locate (2) in Building D, (1) on Eagle Level and (1) on Courtyard Level o Existing Old Courthouse Tracer SC+ System Controller Provide and wire (2) Trane Air-Fi Wireless Communication Interface (WCI) Coordinators • Locate (2) in Old Courthouse; (1) on Main Level and (1) on Third Level - Trane will include (8) hours of T&B assistance with a T&B Contractor. Items Controlled and Monitored through the BAS: - Provide (1) Tracer SC+ System Controller (BASE) located in Building E o Provide and install Enclosure Wire 120VAC power to the Enclosure o Locate (2) in Building E; (1) on Eagle Level and (1) on Courtyard Level o Coordinate Owner provided I/P Port and I/P Address - Geothermal Water System o Provide Trane UC600 BACnet Controller with Expansion Modules Provide and install NEMA 1 Enclosure Coordinate 120VAC power to the Enclosure with E.C. Wire BACnet Communication Link to the existing Tracer SC o (5) NEW Ground Source Heat Pumps; GSHP-1 through GSHP-5 Each Heat Pump Has the following: • Provide and wire (2) Stages of Compressors Enable / Disable (relays) • (2) Pumps; P-Sx (Source) and P-Lx (Load) * Wire BACnet Communication Link to each Pump VFD * Provide and wire Pump Start / Stop (relay), Status (current switch), and VFD Signal • Provide and wire (2) Differential Pressure Transducers; Source and Load • Provide and wire (4) Temperature Sensors; Source Supply, Source Return, Load Supply, and Load Return o (2) EXISTING Boilers; B-1 and B-2 The existing controls to remain located in Area C o (2) NEW Boiler Pumps; P-B1 and P-B2 Provide and wire Pump Start / Stop (relay) and Status (current switch) o (4) NEW System Pumps; P-H1, P-H2, P-C1, and P-C2 Wire BACnet Communication Link to each Pump VFD Provide and wire Pump Start / Stop (relay), Status (current switch), and VFD Signal o (3) NEW Glycol Feeders; GF-G1, GF-H1, and GF-C1 Wire Glycol Feeder Low Level Alarm (dry contact) o Provide and wire (2) Differential Pressure Transducers; HW and CW o Provide and wire (2) Buffer Tank Temperature Sensors; BT-H1 and BT-C1 o Provide and wire (7) Temperature Sensors; HWS, HWR, CWS, CWR, GSS, GSR, and Heat Injection o Provide (2) 4” 3-Way Changeover Valves and wire Open / Close o Provide (1) 4” 3-Way Heat Injection Mixing Valve and wire 2-10VDC Signal and Feedback o Provide and wire (1) Outside Air Temperature / Humidity Sensor Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 15 Item Code Description Notes 15.7000.7200 DDC Controls Continued - Mechanical Systems Scope of Work - (5) EXISTING Air Handling Units; AHU-A (M-9), AHU-B (M-10), AHU-C (M-11), AHU- D (M-12), and AHU-E (M-19) o Existing Trane UC600 BACnet Controller to be reused o Each AHU will have a NEW Fan Array installed in the unit. Wire Fan Start / Stop (relay), Status for each Fan (current switches), and Signal to the controller AHU-A, AHU-B, and AHU-C will have (3) fans each AHU-D and AHU-E will have (2) fans each o Provide NEW 3-Way Chilled Water Control Valves and wire to the controller for each of the following AHUs: AHU-B has 126.75 GPM Coil, Pipe Size 4”, Valve Size 2 1/2” AHU-C has 126.75 GPM Coil, Pipe Size 4”, Valve Size 2 1/2” AHU-D has 155.24 GPM Coil, Pipe Size 4”, Valve Size 3” AHU-E has 30.71 GPM Coil, Pipe Size 2”, Valve Size 1 1/4” - (1) NEW Fan Coil Unit; FC-GB1A o Factory installed UC400-B BACnet Controller o The following additional field wiring / installation to be provided: Wire BACnet Communication Link, reuse the existing communication wire Provide 3-Way 1/2" Hot Water Control Valve (5.36 GPM) and wire 2-10VDC Signal Provide 3-Way 1" Chilled Water Control Valve (12 GPM) and wire 2-10VDC Signal Wire factory provided Space Temperature Sensor with Setpoint • Replace the existing sensor and reuse existing sensor wire - (48) NEW Trane Fan-Powered VAV Terminal Units with Hydronic Reheat o Building A: EA1 through EA6 o Building B: EB1 through EB8 and CB1 through CB6 o Building C: EC1 through EC6, EC12, and CC1 through CC5 o Building D: ED1, ED2, ED3, ED5, ED6, and CD1 through CD6 o Building E: EE1, EE2, EE3, CE1, and CE3 o Factory installed Trane SY210 BACnet Controller with Trane Air-Fi WCI Factory installed and wired Discharge Air Temperature Sensor o The following additional field wiring / installation to be provided: Factory provided 3-Way 1/2" Hot Water Control Valve, plug-in factory connector Install factory provided Trane Air-Fi Wireless Space Temperature Sensor with Display • Replace the existing sensor - (38) NEW Trane VAV Terminal Units with Hydronic Reheat o Building A: EA7 o Building B: CB7 o Building C: EC7, EC8, EC9, EC10, EC11, CC6, CC7, CC8, and CC9 o Building D: ED7, CD7 and CD8 o Building E: CE2 o Old Courthouse: L1-1, L1-2, L1-3, L1-5 through L1-11, L2-1, and L3-2 through L3-13 Second Level VAVs L2-2 through L2-13 have already been replaced as part of the Eagle County Human Services project. o Factory installed Trane SY210 BACnet Controller with Trane Air-Fi WCI Factory installed and wired Discharge Air Temperature Sensor o The following additional field wiring / installation to be provided: Factory provided 3-Way 1/2" Hot Water Control Valve, plug-in factory connector Install factory provided Trane Air-Fi Wireless Space Temperature Sensor with Display • Replace the existing sensor - (2) NEW Trane Fan-Powered VAV Terminal Units with Hydronic Reheat o Building B: GB1, and GB2 o Factory installed Trane SY210 BACnet Controller Factory installed and wired Discharge Air Temperature Sensor o The following additional field wiring / installation to be provided: Wire BACnet Communication Link, reuse the existing communication wire Factory provided 3-Way 1/2" Hot Water Control Valve, plug-in factory connector Wire factory provided Space Temperature Sensor with Setpoint • Replace the existing sensor and reuse existing sensor wire - (2) NEW Trane VAV Terminal Units with Hydronic Reheat o Building D: GD1 and GD2 o Factory installed Trane SY210 BACnet Controller Factory installed and wired Discharge Air Temperature Sensor o The following additional field wiring / installation to be provided: Wire BACnet Communication Link, reuse the existing communication wire Rewire 24VAC power to the controller from existing source Factory provided 3-Way 1/2" Hot Water Control Valve, plug-in factory connector Wire factory provided Space Temperature Sensor Temporary Cooling Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 16 Item Code Description Notes 15.7000.7200 Mechanical/HVAC - 5x Mainstream IntelliCube - Material Each of the items below are replacement of existing equipment. Prior to equipment removal, Pre-Test and Balance will be conducted as well as a system flush. This proposal includes the removal & recycling of the existing equipment as well as the removal & recycling of the existing piping that will need to be upsized. Cabinet unit heaters will be returned to the owner (owner to provide location). All existing ducting will remain in place and will be connected into new units as drawn. Mechanical Permit included. 15.7000.7200 Mechanical/HVAC - Piping Upgrades - Materials Our proposal includes “mechanical” fittings for all piping including piping 2 ½” & larger. 15.7000.7300 Mechanical Systems Two-year Warranty With this option, a two-year warranty will be provided. This option includes preventative maintenance on equipment and controls after one year of operation. 15.7000.7300 Missing VAV Piping Components Replacement - ALLOWANCE The provided drawings note that some VAVs and fan-powered VAVs may not contain the necessary balancing valves, ball valves, strainers, etc. as detailed on #4 of M5.01 in the mechanical drawings. In the instance that a VAV does not contain these components a “per unit” price is provided as an option. 16 ELECTRICAL 16.2000 ELECTRICAL SERVICE 16.2000.2100 Service & Distribution - Materials Pricing is based on new one-line work shown in bold on Sheet E602 only. Pricing assumes mechanical equipment without circuiting shown is circuited to nearest electrical panel. Pricing is based on the use of existing breakers unless the panel is new. Service metering to remain. 16.2000.2200 Temporary Power ALLOWANCE - Materials Temporary Power Allowance is per narrative on E101 . All existing VFD's and all controls will be returned to the Owner. Owner to provide location. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 10 Estimate Notes: Item Code Description Notes 01 Qualifications & Exclusions 01 GENERAL REQUIREMENTS 01.5000 TEMPORARY FACILITIES 01.5000.5100 Temporary Power, Water, and Gas Excluded, assumes utility fees are paid by Owner 01.7000 EXECUTION REQUIREMENTS 01.7000.7910 Other Cost Considerations The following permits and fees are excluded and assumed by Owner: Utility Provider Engineering & Fees (Holy Cross Electric), All Architectural, Interior Design, Civil, Landscape, Structural, Mechanical, and Electrical design fees are excluded. Geotechnical & Materials Testing (3rd Party Testing) is excluded. Owner Contingency & Design Contingency are excluded and assumed by Owner. Builders Risk Insurance is excluded and assumed by Owner. It is assumed that this project is Tax Exempt. Coordination of transformer replacement and temp power requirements are TBD and the cost of this work may not be fully recognized in this estimate. Transformer replacement by HCE is not required per HCE engineering teams. Questions regarding Prevailing Wages, Domestic Material Manufacturing, and Project Labor Agreement requirements have not been fully addressed at the time of this proposal. The cost of work may be adjusted once questions regarding these items and the specific grant requirements are fully addressed. 02 SITE WORK 02.1000 DEMOLITION & HAZMAT 02.1000.1300 Asbestos Abatement Excluded, assumes not required 02.2000 SITE PREPARATION 02.2000.2500 Tree Removal Excluded, assumes Eagle County to trim trees as necessary for geothermal drilling prior to drilling mobilization. 02.5000 UTILITY EXTENSIONS 02.5000.5600 Remove & Set New Electrical Vault & Transformer Supply of new vault & transformer and primary electrical service work is excluded and assumed by HCE. 02.5000.5800 Rerouting Comcast/Century Link Lines Excluded, assumes cost directly to owner from Comcast/Century Link. Some lines may need to be rerouted based on proposed geothermal locations. 02.5000.5900 Existing Utility Services/Mains Relocation Excluded, assumes not required. Plan is to pothole and expose existing utility lines at crossings with geothermal horizontals and leave in place/work around them. 02.9000 LANDSCAPING 02.9000.9100 Irrigation System - Irrigation Parts Includes, Main line, Scrubber valves, Multi Strand, Laterals, Valve Boxes, Fittings and Heads 09 FINISHES 09.2000 DRYWALL & GYPSUM FINISHES 09.2000.2100 Cooling Tower CFMF Engineering for Roof Framing System Option if engineered shop drawings for the cold formed metal framing for the new cooling tower roof structure. 15 MECHANICAL 15.5000 HEATING SYSTEMS Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 11 Item Code Description Notes 15.5000.5100 Geothermal Manifold - Materials Geothermal Manifold 1. Labor & material required to install the interior geothermal manifold. 2. Fittings, butterfly valves, flanges, HDPE piping, HDPE fittings, pressure/temperature ports, flow balancers, and loop tags. 3. Piping and fittings to be HDPE piping. 4. HDPE flanges with back up rings for transition to valves and flow balancers. 5. HDPE piping and fittings to be plastic fusion welded per manufacturer’s instructions. 6. Pressure testing of geothermal manifold. Geothermal Bore Field1. Labor, material & equipment required to install the ground heat exchanger. 2. Drilling labor & material for 60 boreholes per site at a net borehole depth of 506' (Total Net Drilling 30,000 per site) per G1.01 and 6/G1.02. The test well will be incorporated into the field to complete 60 Boreholes. 3. Holes will be drilled using mud rotary drilling methods. 4. Grouting of the boreholes at a 1.0 Thermal Conductivity per G1.01. 5. Trenching, bedding, backfilling and all piping to a depth of 6' in the circuits trenches per conference call discussion. 6. Circuits to be of HDPE piping with 10 Circuits of 6 loops per G1.01 and 3/G1.02 circuit at 25' spacing supply and return sized up to 3" per 3/G1.02. 7. All header piping & pressure testing to be performed per specification. 8. Major+ Panterra to provide glycol fill & purge within Geo-field scope. 9. Workmen's Compensation & Liability Insurance is included. 10. Proposed Prevailing Wages are based on current comparable Wage Determinations in neighboring counties and shall be considered as an allowance. Proposed Wages shall be adjusted upon receipt of an applicable Wage Determination. Project Assumptions: 1. HPDE pipe and fittings are acceptable for geothermal manifold. 2. Sufficient area exists to install geothermal manifold per Detail 5 on Page G1.02 of Exhibit A.GHX Site Plan. 3. 3 inch geothermal bore field headers will be piped into 6 inch geothermal manifold. 15.5000.5100 Geothermal Manifold - Labor Note: Above Labor Costs Doesn’t Include Prevailing Wage (Haven’t been provided prevailing wage information for geothermal scope) 15.7000 AIR DISTRIBUTION 15.7000.7200 Building A - Mechanical Systems Scope of Work Building A (1) Mainstream IntelliCube fan array containing (3) 7.5 hp fans for the existing air handler unit in Building A. The existing air handler unit, as well as all existing piping and ducting, will remain in place. (6) Trane VPWF 1/3 hp fan-powered VAV boxes containing a hydronic reheat coil, factory damper, velocity sensor, and fan relay. Remove existing mains and upsize the heating water supply and return piping to all fan-powered VAVs. New units to be tied into existing ductwork, piping, and components. (1) Trane VCWF VAV box containing a hydronic reheat coil. Remove existing mains and upsize heating water supply and return piping to all fan-powered VAVs. New unit to be tied into existing ductwork, piping, and components. (3) Trane FFBB040 5.7 kW electric cabinet unit heaters with integrated thermostats. All new piping will be insulated as specified. 15.7000.7200 Building B - Mechanical Systems Scope of Work Building B (1) Mainstream IntelliCube fan array containing (3) 10 hp fans for the existing air handler unit in Building B. The existing air handler unit and ducting will remain in place. Piping to the air handler unit will be upsized and new ball valves, balancing valves, strainers, etc. will be installed. (16) Trane VPWF 1/3 hp fan-powered VAV boxes containing a hydronic reheat coil, factory damper, velocity sensor, and fan relay. Remove existing mains and upsize heating water supply and return piping to all fan-powered VAVs. New units to be tied into existing ductwork, piping, and components. (1) Trane VCWF VAV box containing a hydronic reheat coil. Remove existing mains and upsize heating water supply and return piping to all fan-powered VAVs. New unit to be tied into existing ductwork, piping, and components. All new piping will be insulated as specified. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 12 Item Code Description Notes 15.7000.7200 Building C - Mechanical Systems Scope of Work Building C (1) Mainstream IntelliCube fan array containing (3) 10 hp fans for the existing air handler unit in Building C. The existing air handler unit and ducting will remain in place. Piping to the air handler unit will be upsized and new ball valves, balancing valves, strainers, etc. will be installed. Remove existing mains and upsize chilled water supply and return piping to this air handler unit as drawn. (14) Trane VPWF 1/3 hp fan-powered VAV boxes containing a hydronic reheat coil, factory damper, velocity sensor, and fan relay. Remove existing mains and upsize heating water supply and return piping to all fan-powered VAVs. New units to be tied into existing ductwork, piping, and components. (9) Trane VCWF VAV box containing a hydronic reheat coil. Remove existing mains and upsize heating water supply and return piping to all fan-powered VAVs. New unit to be tied into existing ductwork, piping, and components. All new piping will be insulated as specified. 15.7000.7200 Building D - Mechanical Systems Scope of Work Building D (1) Mainstream IntelliCube fan array containing (2) 15 hp fans for the existing air handler unit in Building D. The existing air handler unit and ducting will remain in place. Piping to the air handler unit will be upsized and new ball valves, balancing valves, strainers, etc. will be installed. Remove existing mains and upsize chilled water supply and return piping to this air handler unit as drawn. (12) Trane VPWF 1/3 hp fan-powered VAV boxes containing a hydronic reheat coil, factory damper, velocity sensor, and fan relay. Remove existing mains and upsize heating water supply and return piping to all fan-powered VAVs. New units to be tied into existing ductwork, piping, and components. (5) Trane VCWF VAV box containing a hydronic reheat coil. Remove existing mains and upsize heating water and supply and return piping to all fan- powered VAVs. New unit to be tied into existing ductwork, piping, and components. All new piping will be insulated as specified. 15.7000.7200 Building E - Mechanical Systems Scope of Work Building E (1) Mainstream IntelliCube fan array containing (2) 5 hp fans for the existing air handler unit in Building E. The existing air handler unit and ducting will remain in place. Piping to the air handler unit will be upsized and new ball valves, balancing valves, strainers, etc. will be installed. Remove existing mains as drawn and upsize chilled water supply and return piping to this air handler unit. (5) Trane VPWF 1/3 hp fan-powered VAV boxes containing a hydronic reheat coil, factory damper, velocity sensor, and fan relay. Remove existing mains and upsize heating water supply and return piping to all fan-powered VAVs. New units to be tied into existing ductwork, piping, and components. (1) Trane VCWF VAV box containing a hydronic reheat coil. Remove existing mains and upsize heating water and supply and return piping to all fan- powered VAVs. New unit to be tied into existing ductwork, piping, and components. (2) Trane FFBB040 5.7 kW electric cabinet unit heaters with integrated thermostats. All new piping will be insulated as specified. 15.7000.7200 Old Courthouse - Mechanical Systems Scope of Work Old Courthouse (35) Trane VCWF VAV box containing a hydronic reheat coil. Remove existing mains and upsize heating water and supply and return piping to all fan-powered VAVs. New unit to be tied into existing ductwork, piping, and components. (2) Trane FFBB040 5.7 kW electric cabinet unit heaters with integrated thermostats. All new piping will be insulated as specified. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 13 Item Code Description Notes 15.7000.7200 Mechanical Room - Mechanical Systems Scope of Work Mechanical Room The existing heating and cooling system will be replaced with a geothermal heat pump system. All piping, fittings, valves, and equipment will be replaced in the mechanical room, excluding (2) Air Handler Units and (2) Boilers. A crane will be provided for cooling tower and chiller demo. Connections to existing boilers and air handler units is included. Hydronic Test and balance will be conducted after installation is completed. All piping to be insulated as specified. The following equipment will be provided and installed: (5) ClimaCool water-to-water heat pumps. Piping on the source and load side including all required balancing valves, isolation valves, and P/T sensors. Geo-field piping and manifold to be installed, filled, and purged by geo contractor. (16) Grundfos pumps. (5) 3 hp inline pumps for heat pump source piping, (5) 3 hp inline pumps for heat pump load piping, (2) 20 hp end suction pumps for heating water supply, (2) 20 hp end suction pumps for chilled water supply, and (2) 2.1 hp inline pumps for boiler loop circulation. All pumps include the required wye strainers, check valves, isolation valves, and P/T sensors included.(1) Laars 1000-gallon buffer tank for heat pump heating water. (1) Laars 300-gallon buffer tank for heat pump chilled water. (3) Axiom SF100 glycol feeders. (4) Magnetic boiler filters. (2) Wessels Company 211-gallon expansion tanks and specified air separators. (1) Wessels Company 60-gallon expansion tank and specified air separator. (1) Trane BCHE54 four-pipe ducted fan coil unit equipped with specified drain pan and wet switch. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 14 Item Code Description Notes 15.7000.7200 DDC Controls - Mechanical Systems Scope of Work BAS Controls: - Engineered Control Drawings, Installation, Labor, and Material, Project Supervision, System Programming, BAS Checkout and Verification, Standard / Custom Graphics Package, One-year (1) Parts and Labor Warranties, (2) 2-Hour Onsite Owner Training Sessions - (60) Hours of Pre-Functional / Functional Testing Assistance with Commissioning Agent - There are (2) existing Tracer SC+ System Controllers that will remain and used for the current renovation, (1) is located in Building B and (1) is located in Old Courthouse o Existing Building B Tracer SC+ System Controller Provide and wire (7) Trane Air-Fi Wireless Communication Interface (WCI) Coordinators • Locate (1) in Building A, (1) on Eagle Level • Locate (2) in Building B, (1) on Eagle Level and (1) on Courtyard Level • Locate (2) in Building C, (1) on Eagle Level and (1) on Courtyard Level • Locate (2) in Building D, (1) on Eagle Level and (1) on Courtyard Level o Existing Old Courthouse Tracer SC+ System Controller Provide and wire (2) Trane Air-Fi Wireless Communication Interface (WCI) Coordinators • Locate (2) in Old Courthouse; (1) on Main Level and (1) on Third Level - Trane will include (8) hours of T&B assistance with a T&B Contractor. Items Controlled and Monitored through the BAS: - Provide (1) Tracer SC+ System Controller (BASE) located in Building E o Provide and install Enclosure Wire 120VAC power to the Enclosure o Locate (2) in Building E; (1) on Eagle Level and (1) on Courtyard Level o Coordinate Owner provided I/P Port and I/P Address - Geothermal Water System o Provide Trane UC600 BACnet Controller with Expansion Modules Provide and install NEMA 1 Enclosure Coordinate 120VAC power to the Enclosure with E.C. Wire BACnet Communication Link to the existing Tracer SC o (5) NEW Ground Source Heat Pumps; GSHP-1 through GSHP-5 Each Heat Pump Has the following: • Provide and wire (2) Stages of Compressors Enable / Disable (relays) • (2) Pumps; P-Sx (Source) and P-Lx (Load) * Wire BACnet Communication Link to each Pump VFD * Provide and wire Pump Start / Stop (relay), Status (current switch), and VFD Signal • Provide and wire (2) Differential Pressure Transducers; Source and Load • Provide and wire (4) Temperature Sensors; Source Supply, Source Return, Load Supply, and Load Return o (2) EXISTING Boilers; B-1 and B-2 The existing controls to remain located in Area C o (2) NEW Boiler Pumps; P-B1 and P-B2 Provide and wire Pump Start / Stop (relay) and Status (current switch) o (4) NEW System Pumps; P-H1, P-H2, P-C1, and P-C2 Wire BACnet Communication Link to each Pump VFD Provide and wire Pump Start / Stop (relay), Status (current switch), and VFD Signal o (3) NEW Glycol Feeders; GF-G1, GF-H1, and GF-C1 Wire Glycol Feeder Low Level Alarm (dry contact) o Provide and wire (2) Differential Pressure Transducers; HW and CW o Provide and wire (2) Buffer Tank Temperature Sensors; BT-H1 and BT-C1 o Provide and wire (7) Temperature Sensors; HWS, HWR, CWS, CWR, GSS, GSR, and Heat Injection o Provide (2) 4” 3-Way Changeover Valves and wire Open / Close o Provide (1) 4” 3-Way Heat Injection Mixing Valve and wire 2-10VDC Signal and Feedback o Provide and wire (1) Outside Air Temperature / Humidity Sensor Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 15 Item Code Description Notes 15.7000.7200 DDC Controls Continued - Mechanical Systems Scope of Work - (5) EXISTING Air Handling Units; AHU-A (M-9), AHU-B (M-10), AHU-C (M-11), AHU- D (M-12), and AHU-E (M-19) o Existing Trane UC600 BACnet Controller to be reused o Each AHU will have a NEW Fan Array installed in the unit. Wire Fan Start / Stop (relay), Status for each Fan (current switches), and Signal to the controller AHU-A, AHU-B, and AHU-C will have (3) fans each AHU-D and AHU-E will have (2) fans each o Provide NEW 3-Way Chilled Water Control Valves and wire to the controller for each of the following AHUs: AHU-B has 126.75 GPM Coil, Pipe Size 4”, Valve Size 2 1/2” AHU-C has 126.75 GPM Coil, Pipe Size 4”, Valve Size 2 1/2” AHU-D has 155.24 GPM Coil, Pipe Size 4”, Valve Size 3” AHU-E has 30.71 GPM Coil, Pipe Size 2”, Valve Size 1 1/4” - (1) NEW Fan Coil Unit; FC-GB1A o Factory installed UC400-B BACnet Controller o The following additional field wiring / installation to be provided: Wire BACnet Communication Link, reuse the existing communication wire Provide 3-Way 1/2" Hot Water Control Valve (5.36 GPM) and wire 2-10VDC Signal Provide 3-Way 1" Chilled Water Control Valve (12 GPM) and wire 2-10VDC Signal Wire factory provided Space Temperature Sensor with Setpoint • Replace the existing sensor and reuse existing sensor wire - (48) NEW Trane Fan-Powered VAV Terminal Units with Hydronic Reheat o Building A: EA1 through EA6 o Building B: EB1 through EB8 and CB1 through CB6 o Building C: EC1 through EC6, EC12, and CC1 through CC5 o Building D: ED1, ED2, ED3, ED5, ED6, and CD1 through CD6 o Building E: EE1, EE2, EE3, CE1, and CE3 o Factory installed Trane SY210 BACnet Controller with Trane Air-Fi WCI Factory installed and wired Discharge Air Temperature Sensor o The following additional field wiring / installation to be provided: Factory provided 3-Way 1/2" Hot Water Control Valve, plug-in factory connector Install factory provided Trane Air-Fi Wireless Space Temperature Sensor with Display • Replace the existing sensor - (38) NEW Trane VAV Terminal Units with Hydronic Reheat o Building A: EA7 o Building B: CB7 o Building C: EC7, EC8, EC9, EC10, EC11, CC6, CC7, CC8, and CC9 o Building D: ED7, CD7 and CD8 o Building E: CE2 o Old Courthouse: L1-1, L1-2, L1-3, L1-5 through L1-11, L2-1, and L3-2 through L3-13 Second Level VAVs L2-2 through L2-13 have already been replaced as part of the Eagle County Human Services project. o Factory installed Trane SY210 BACnet Controller with Trane Air-Fi WCI Factory installed and wired Discharge Air Temperature Sensor o The following additional field wiring / installation to be provided: Factory provided 3-Way 1/2" Hot Water Control Valve, plug-in factory connector Install factory provided Trane Air-Fi Wireless Space Temperature Sensor with Display • Replace the existing sensor - (2) NEW Trane Fan-Powered VAV Terminal Units with Hydronic Reheat o Building B: GB1, and GB2 o Factory installed Trane SY210 BACnet Controller Factory installed and wired Discharge Air Temperature Sensor o The following additional field wiring / installation to be provided: Wire BACnet Communication Link, reuse the existing communication wire Factory provided 3-Way 1/2" Hot Water Control Valve, plug-in factory connector Wire factory provided Space Temperature Sensor with Setpoint • Replace the existing sensor and reuse existing sensor wire - (2) NEW Trane VAV Terminal Units with Hydronic Reheat o Building D: GD1 and GD2 o Factory installed Trane SY210 BACnet Controller Factory installed and wired Discharge Air Temperature Sensor o The following additional field wiring / installation to be provided: Wire BACnet Communication Link, reuse the existing communication wire Rewire 24VAC power to the controller from existing source Factory provided 3-Way 1/2" Hot Water Control Valve, plug-in factory connector Wire factory provided Space Temperature Sensor Temporary Cooling Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Page Number: 16 Item Code Description Notes 15.7000.7200 Mechanical/HVAC - 5x Mainstream IntelliCube - Material Each of the items below are replacement of existing equipment. Prior to equipment removal, Pre-Test and Balance will be conducted as well as a system flush. This proposal includes the removal & recycling of the existing equipment as well as the removal & recycling of the existing piping that will need to be upsized. Cabinet unit heaters will be returned to the owner (owner to provide location). All existing ducting will remain in place and will be connected into new units as drawn. Mechanical Permit included. 15.7000.7200 Mechanical/HVAC - Piping Upgrades - Materials Our proposal includes “mechanical” fittings for all piping including piping 2 ½” & larger. 15.7000.7300 Mechanical Systems Two-year Warranty With this option, a two-year warranty will be provided. This option includes preventative maintenance on equipment and controls after one year of operation. 15.7000.7300 Missing VAV Piping Components Replacement - ALLOWANCE The provided drawings note that some VAVs and fan-powered VAVs may not contain the necessary balancing valves, ball valves, strainers, etc. as detailed on #4 of M5.01 in the mechanical drawings. In the instance that a VAV does not contain these components a “per unit” price is provided as an option. 16 ELECTRICAL 16.2000 ELECTRICAL SERVICE 16.2000.2100 Service & Distribution - Materials Pricing is based on new one-line work shown in bold on Sheet E602 only. Pricing assumes mechanical equipment without circuiting shown is circuited to nearest electrical panel. Pricing is based on the use of existing breakers unless the panel is new. Service metering to remain. 16.2000.2200 Temporary Power ALLOWANCE - Materials Temporary Power Allowance is per narrative on E101 . All existing VFD's and all controls will be returned to the Owner. Owner to provide location. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 1 Assumptions & Qualifications Eagle County Geothermal Division 01 – General Requirements 1. All third-party inspections and testing are paid for by the Owner, including 3rd party materials, and/or steel testing, as applicable. RA Nelson will provide coordination of inspections and testing as part of the contract agreement. 2. Commissioning costs are included in the Construction Costs, scoping per the Commissioning Agents proposal. 3. Temporary water for exterior site work is included as identified in the proposal cost breakdown. 4. Temporary water for interior work, including temporary cooling, shall be provided by Owner. Supply locations to be coordinated with Facilities. 5. The Contract does not include the following Owner related expenses: a. Utility tap fees and service charges are by Owner. b. Temporary power and gas for construction use will be paid by Owner. c. Communication service fees are by Owner. The Contractor shall pay for cellphone and internet fees required during construction. d. Owner and Design contingency e. Architectural and Engineering design fees f. Design responsibility for any trades with the exception of the design build responsibility of the fire alarm and fire sprinkler system. g. Geotechnical fees h. Tap & Development fees i. Building permit fees j. Plan review fees k. DRB review fees l. Platting and Recordation fees m. Professional photographer for documentation during construction. Contractor will provide photo documentation during construction. 6. In place mockups as part of the finished product will take place in lieu of mockups called out in the specifications. 7. Building Information Modeling (BIM) is excluded. 8. General details which are not: referenced in plans, tagged to plans, or identified in plan key notes are excluded. 9. Any Eagle County standards are excluded in their entirety from pricing unless such a standard or requirement is explicitly called out within the Contract Documents. 10. It is assumed that any architectural and mechanical/electrical/plumbing digital backgrounds use to generate the Contract Documents for construction will be provided to the General Contractor for distribution to subcontractors at no additional charge. 11. Specified equipment may not be readily available within the construction duration. In the event that specified equipment is unavailable, the construction duration shall be adjusted accordingly based upon completion of design and availability of equipment. Schedule adjustments may allow for: design coordination to be completed, for equipment production to Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 2 be completed, manufacturer’s lead times, shipping, and installation timelines. Contract changes shall include any required adjustments to the schedule and the cost impacts associated with such changes. These changes shall be incorporated into the contract via a Change Order. 12. Tempered air shall be maintained into the space. It is assumed that the temporary heating, cooling will be provided on an as needed basis, per coordination with the EC Facilities team. 13. Air filtration and negative air units are included in pricing for construction areas. 14. Excluded are increases in scope of work dictated by any governmental entity (that is subsequently added as a requirement after the permit is released) including but not limited to, Building Department, Fire Department, DRB and any AHJ. 15. Pricing is based on current pricing at time of Bid/Permit Set Issuance. Current materials, equipment pricing, and lead times are in flux due to a number of current economic, social, and governmental policy factors outside of the control of the project. Pricing is subject to change until contract issuance and buyout can be executed. 16. Unless specified otherwise in the Contractor’s Submittal log due to long lead times, contractors requested and submitted information shall be per the following: Requests for information and clarification shall be returned by the Design Team within 7 calendar days. Product Submittals shall be returned by the Design Team within 14 calendar days. Information supplied to the Design Team or returned to the Contractor after 3pm will be marked as the next calendar day. 17. Management/coordination of existing furnishings and personal employee item removal shall be coordinated by Owner. Contractor shall coordinate timeline and appropriate notice. 18. Telephone/Internet Usage Fees by Owner 19. These assumptions & clarifications are meant to supplement descriptions in the detailed estimate. Division 2 – Site Work 1. Clarification of Exterior Working hours: a. Monday thru Friday 7am to 7pm. b. Saturday 9am to 6pm. c. 3 8. Work associated with demolition and removal of, or handling of hazardous materials is excluded. 9. Demolition dumpsters or dump trailers are included. A recyclable metals dumpster is anticipated to also be onsite throughout the course of demolition. Division 3 – Concrete 1. No new concrete foundation work is included in scope. 2. No pour back is included at flooring penetrations. Assumes to be cored slightly larger than pipe sizing. Cored locations shall be draft stopped, fire stopped, or waterproofed as identified by Construction Documents. 3. Structural reinforcement for concrete equipment pads excluded. Concrete pads are included to be poured into place on existing flooring system. Concrete requirements are not specified by structural or mechanical specifications, concrete for pads is included as site mixed 3000 PSI strength concrete. 4. Assumes that there are no existing penetrations to be abandoned for MEP’s. No concrete patch and fill is anticipated and costs have been excluded. 5. Concrete coring for hydronic piping upsizing between floors is excluded. It is assumed that existing cores or openings in concrete decks will support new upsized piping and insulation. 6. All new plumbing penetrations will be chipped or cored through the existing concrete floor system. Ground penetrating radar of slab is included and will be done before any cutting or chipping of the slab. 7. Structural Engineer of Record shall perform review of submitted proposed coring locations. Engineer of Record shall be ultimately responsible for structural elements including coordination of new penetrations. GPR review will take place but may not be included in the submittal package due to overall schedule constraints of the project. Engineer will be provided notice minimum 48 hours prior to coring for review of GPR layout marking in field. Division 4 – Masonry 1. Exterior stone or CMU modification is included at Cooling Tower. 2. Existing stone is assumed to be self-supporting or supported by existing structural elements. Removal, reinstallation, or repairs to existing stone elements is excluded. 3. Caulking and new flashings associated with exterior stone and CMU is included as identified on Sheet A-1. Division 5 – Steel 1. Epoxy bolts per S-501 are included and have been priced as “Simpson” brand epoxy pending alternate approval from Structural Engineer. 2. Assumes existing structure is adequate for new Mechanical units. Additional supports and including blocking and backing are excluded. 3. New structural steel supports for modifications to ceiling structure for added access openings are excluded. Pricing assumes that access panels can be added to existing ceiling systems without structural reinforcements. Light gauge framing modifications for new openings are included. 4. Steel reinforcements for sawcut and cored openings are excluded. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 4 Division 6 – Framing Material and Labor 1. Fire treated wood is excluded for backing and blocking. Non-fire treated wood is included in pricing. Division 7 – Thermal and Moisture Protection 1. New interior and exterior wall insulation is excluded. If in the event demolition of existing materials removes drywall and insulation, patch and repairs of insulated walls will be added to the cost of the work. During the course of demolition, schedule will be evaluated given demolition findings. 2. Fireproofing and fire rated assemblies are not included. Patch and repair of fireproofing, other than replacement of removed fire caulking is excluded from costs and schedule. 3. Pricing for fire calking is included where indicated within Construction Document details. Specialty fillers, batts, collars, and clamps are not included. 4. Specific Details are not included in Bid Documents. Sheet M0.01 provides reference to Architectural sheets for rated wall locations. Contract documents do not include Architectural sheets locating rated assemblies. Penetrations of rated assemblies are included as caulking sealant only for draft-stopping. Specialty firestopping components are excluded. 5. Temporary heating and cooling requirements will be coordinated with EC Facilities and EC Project Management. Temporary heating and cooling is included as a budget allowance line item. Division 8 – Doors and Windows 1. Includes access panels for mechanical units and controls currently without access above finished drywall ceilings. 2. Includes access panels for new mechanical equipment and controls requiring access identified to be located above drywall ceiling assemblies. Division 9 – Finishes 1. Replacement of drywall finish is included in the pricing to replace and restore patch work to their existing conditions. 2. Drywall: demolition, reframing and patchwork is included as a budget allowance line item. 3. Acoustical sealants, light tenting, and shimming over ¼” is excluded. 4. Drywall specification for patch and repair has not been included in contract documents. Floating and skimming of entire walls or ceilings is excluded. Patchwork will be feathered to meet smooth drywall finish. 5. Assumes existing flooring is to remain. No flooring or base patchwork is included in scope. 6. Painting of drywall patching included as a budget allowance line item. Includes primer and single color painting of patched walls and ceilings to nearest transition or joint with color to match existing. Division 10 – Specialties 1. No work is included in the contract documents nor anticipated for this division. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 5 Division 11 – Equipment 1. No work is included in the contract documents nor anticipated for this division. Division 12 – Furnishings 2. No work is included in the contract documents nor anticipated for this division. Division 13 – Special Construction 1. No work is included in the contract documents nor anticipated for this division. Division 14 – Conveying Systems 1. No work is included in the contract documents nor anticipated for this division. Division 15 – Mechanical 1. Mechanical Commissioning is included. 2. Pre-Construction Mechanical Testing and Balancing is included. 3. Post-Construction Mechanical Testing and Balancing is included. Balancing is qualified as returning the system to its prior operational state for both the hydronic and airflows as documented in the Pre-Construction Testing and Balancing. 4. Mechanical system shall be tested with EC Facilities and the Mechanical Subcontractor present to confirm system operation. Existing system is assumed to be fully operational and require no additional work. Replacement of system components and modification to existing system is excluded. 5. The holes are budgeted for an average of 400’ per day per drill rig based on observations and results from the test bore completed on 12-14-2023. 6. Hard rock was not encountered in the test bore. Additional costs for drilling crews include the following: hourly additional rate of $750 + materials and 20% markup would be incurred if hard rock is encountered. Hard rock is defined as drilling production of less than 30 feet per hour. 7. Loss of circulation was not encountered in the test bore holes. Additional costs for drilling crews include the following: hourly additional rate of $880 + materials and 20% markup would be incurred if loss of circulation is encountered. 8. Mechanical Piping Upgrades are included as a budget allowance line item. 9. Installation of new wireless thermostats provided with mechanical units shall be installed. 10. Existing control and communication wiring is to be reused. 11. Replacement of damaged or removed Hydronic piping insulation due to the installation of mechanical equipment shall be replaced with current code minimum requirements for insulation. 12. Additions to the Fire Suppression Systems are not included. This includes additional coverage for interstitial or concealed spaces. 13. Modification to existing fire suppression system is carried as an allowance. No modifications to head layout is included. Adjustments to the existing system shall be preformed as required to execute the installation of the new MEP system per the Contract Documents. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 6 14. Scoping and jetting existing plumbing drain systems is excluded. Systems are assumed to be maintained by EC Facilities and fully functional. 15. New plumbing system isolation valves are included as an allowance line item under the piping component allowance. Division 16 – Electrical 1. Electrical system includes all branch power, connections to mechanical equipment, and supply and install of specified light fixtures. All secondary wiring is included as MC as permitted by code. 2. Only primary conduit replacement as identified in Contract Documents is included in pricing. 3. No modifications to life safety systems are identified and as such are excluded. 4. No modifications to IT/AV is included. 5. Owner/EC-Facilities and EC-IT shall be responsible for removal of cameras and IT related equipment. Contractor shall coordinate and provide two weeks notice for removal by EC IT Department. 6. No modifications to security and access control related devices. All infrastructure and devices are excluded. 7. Assumes existing J-Boxes, hangers, trays and other infrastructure are in good condition. Excludes modifications or repairs to existing infrastructure outside scope of work identified in Contract Documents. 8. Buy America(n) requirements are excluded. 9. Prevailing wages, Davis Bacon labor rates, and Federal Funding or Tax rebate requirements are excluded. In the event that additional requirements are directed by Owner, a change order shall be executed to cover the additional costs for tracking of additional requirements. 10. Upgrades to grounding and bonding are excluded unless specifically identified in contract documents. 11. External utility disconnect and CT compartment work is excluded. 12. Temp power materials and labor is included and shall be tracked at T&M rates. 13. Temp power bond is included as an allowance. Reference list of allowances. Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 OWNER / ARCHITECT / CONTRACTORSOFT COST RESPONSIBILITY CHECKLISTDATE: 02/12/24 PROJECT: Eagle County Geothermal OWNER: Eagle, CO ADDRESS: 500 Broadway Street, Eagle, CO 81631#OWNER / ARCHTECTCONTRACTOR DESCRIPTION1X PRECONSTRUCTION & DESIGN SERVICES - VIA SEPARATE AGREEMENT 2XARCHITECTURAL DESIGN FEES3X ARCHITECTURAL CONTRACT ADMINISTRATION4X CIVIL ENGINEER DESIGN FEES5X CIVIL ENGINEER CONTRACT ADMINISTRATION6X WATERPROOFING / STRUCTURAL ENGINEER DESIGN FEES7X WATERPROOFING / STRUCTURAL ENGINEER CONSTRUCTION ADMINISTRATION8X MECHANICAL ENGINEER DESIGN FEES9X MECHANICAL ENGINEER CONSTRUCTION ADMINISTRATION10X ELECTRICAL ENGINEER DESIGN FEES11X ELECTRICAL ENGINEER CONSTRUCTION ADMINISTRATION12X SPECIFICATION WRITER FEES13X LANDSCAPING DESIGN FEES14 XPLAN AND SPEC PRINTING FEES15x CONSTRUCTION TECNNOLOGY FOR ELECTRONIC PLAN COORDINATION16N/ACOMPREHENSIVE SIGN PLAN DESIGN17X OWNER'S 3RD PARTY COST CONSULTANT FEES18X SURVEYING FOR PROJECT DESIGN19X TOPOGRAPHICAL MAPPING 20XCONSTRUCTION SURVEYING21X RECORDING FEES22X WATER & SEWER AS BUILTS23 XBUILDING AS BUILTS 24N/ACONDOMINIUM MAP25X SOILS INVESTIGATION 26XCOMPACTION TESTING27X 3RD PARTY TESTING28X THIRD PARTY Q.C. INSPECTIONS29N/AASBESTOS TESTING & INSPECTIONS30N/AASBESTOS REMOVAL31N/A STORMWATER MANAGEMENT PLAN DESIGN32N/A CONSTRUCTION STORMWATER DISCHARGE PERMIT 33N/A DEWATERING STUDY / CONSTRUCTION DEWATERING34N/AN/ACONSTRUCTION DEWATERING 35X ELECTRICAL UTILITIES CONSTRUCTION36X ELECTRICAL UTILITIES SERVICE CONNECTION FEES37X ELECTRICAL METERS38N/ANATURAL GAS UTILITIES CONSTRUCTION39N/A NATURAL GAS SERVICE CONNECTION FEES40N/A NATURAL GAS METERS41N/ATELEPHONE UTILITIES CONDUITS/CONSTRUCTION42N/ATELEPHONE UTILITIES WIRE/SERVICE FEES43N/ACABLE TV CONDUITS/CONSTRUCTION44N/ACABLE TV WIRE/SERVICE FEES45N/AWATER TAP FEES46N/AWATER TAP INSPECTION FEES47X WATER METER & WATER UTILITY COSTS DURING CONSTRUCTIONPage 1 of 2Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 #OWNER / ARCHTECTCONTRACTOR DESCRIPTION48N/ASEWER TAP FEES49N/ASEWER TAP INSPECTION FEES50N/AECO-BUILD SNOWMELT FEE51N/AEAGLE COUNTY WILDFIRE INSPECTION FEE52N/ABUILDING DEPT. PLAN CHECK FEES53N/ABUILDING PERMIT54N/A FIRE DEPT. PLAN CHECK FEES55X FIRE ALARM & FIRE SPRINKLER PERMIT FEES (INCLUDED WITH ALLOWANCE)56XMECHANICAL PERMIT/PLAN CHECK FEES57X MECHANICAL MAINTENANCE AFTER COMPLETION58X ELECTRICAL PERMIT/PLAN CHECK FEES59N/APUD APPROVAL FEE60N/AIMPACT FEES61N/ACOMPLIANCE DEPOSIT62N/ALANDSCAPE BOND 63XLANDSCAPE MAINTENANCE AFTER ACCEPTANCE64N/AROAD CUT BONDS65X RIGHT OF WAY PERMITS/FEES66X BUILDERS RISK INSURANCE67X GENERAL LIABILITY INSURANCE68X PERFORMANCE/PAYMENT BOND69X SUBCONTRACTOR BONDS70N/APERMANENT SIGNAGE71N/AADVERTISING72N/AMARKET STUDY73N/AMARKETING LABOR74N/AMARKETING BROCHURES75N/AMARKETING PHOTOGRAPHY76N/ALEGAL FEES77N/ACPA FEES78N/AAPPRAISAL FEES79N/ABOND FEES (FINANCING BONDS)80N/ACONSTRUCTION LOAN COMMITMENT FEE81N/ACONSTRUCTION LOAN INTEREST82N/ALETTER OF CREDIT COMMITMENT FEE83N/APERMANENT COMMITMENT FEE84N/AMORTAGE BROKER FEE85N/ATITLE INSURANCE/CLOSING COSTS86N/AOWNER'S FURNISHINGS / FF&E 87N/AFF&E INSTALLATION88X OWNER CONTINGENCYPage 2 of 2X Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Bar Chart ViewJob #: TBDData Date: 10/24/2024Rev. date: 4/4/2025 3:10:56 PMPage 1 of 12Eagle CountyFilter: NoneEagle County GeothermalEXHIBIT C Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Bar Chart ViewJob #: TBDData Date: 10/24/2024Rev. date: 4/4/2025 3:10:57 PMPage 2 of 12Eagle CountyFilter: NoneEagle County GeothermalEXHIBIT C Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Bar Chart ViewJob #: TBDData Date: 10/24/2024Rev. date: 4/4/2025 3:10:57 PMPage 3 of 12Eagle CountyFilter: NoneEagle County GeothermalEXHIBIT C Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Bar Chart ViewJob #: TBDData Date: 10/24/2024Rev. date: 4/4/2025 3:10:57 PMPage 4 of 12Eagle CountyFilter: NoneEagle County GeothermalEXHIBIT C Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Bar Chart ViewJob #: TBDData Date: 10/24/2024Rev. date: 4/4/2025 3:10:57 PMPage 5 of 12Eagle CountyFilter: NoneEagle County GeothermalEXHIBIT C Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Bar Chart ViewJob #: TBDData Date: 10/24/2024Rev. date: 4/4/2025 3:10:57 PMPage 6 of 12Eagle CountyFilter: NoneEagle County GeothermalEXHIBIT C Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Bar Chart ViewJob #: TBDData Date: 10/24/2024Rev. date: 4/4/2025 3:10:57 PMPage 7 of 12Eagle CountyFilter: NoneEagle County GeothermalEXHIBIT C Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Bar Chart ViewJob #: TBDData Date: 10/24/2024Rev. date: 4/4/2025 3:10:57 PMPage 8 of 12Eagle CountyFilter: NoneEagle County GeothermalEXHIBIT C Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Bar Chart ViewJob #: TBDData Date: 10/24/2024Rev. date: 4/4/2025 3:10:57 PMPage 9 of 12Eagle CountyFilter: NoneEagle County GeothermalEXHIBIT C Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Bar Chart ViewJob #: TBDData Date: 10/24/2024Rev. date: 4/4/2025 3:10:57 PMPage 10 of 12Eagle CountyFilter: NoneEagle County GeothermalEXHIBIT C Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Bar Chart ViewJob #: TBDData Date: 10/24/2024Rev. date: 4/4/2025 3:10:57 PMPage 12 of 12Eagle CountyFilter: NoneEagle County GeothermalEXHIBIT C Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Bar Chart ViewJob #: TBDData Date: 10/24/2024Rev. date: 4/4/2025 3:10:57 PMPage 11 of 12Eagle CountyFilter: NoneEagle County GeothermalEXHIBIT C Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Eagle County Geothermal - Exhibit C- List of Plans Mar 29, 2024 Apr 5, 2024 Apr 5, 2024 Jun 28, 2024 Jul 26, 2024 Nov 5, 2024 Feb 14, 2025 Utility Site Plan - RFP Civil - RFP Documents Geothermal - RFP Plans Mechanical - RFP Plans Electrical - RFP Plans Post RFP Revised G1.01 A-1 COOLING TOWER ROOF✅E001 SHEET TITLE AND DETAILS✅E101 SITE PLAN✅E111 BUILDINGS A & B GARDEN LEVEL ELECTRICAL✅E112 BUILDINGS A & B COURTYARD LEVEL ELECTRICAL✅E113 BUILDINGS A & B EAGLE LEVEL ELECTRICAL✅E121 BUILDINGS C & D GARDEN LEVEL ELECTRICAL✅E122 BUILDINGS C & D GARDEN LEVEL ELECTRICAL✅E123 BUILDINGS C & D EAGLE LEVEL ELECTRICAL✅E131 BUILDING E ELECTRICAL✅E141 OLD COURTHOUSE MAIN LEVEL ELECTRICAL✅E142 OLD COURTHOUSE SECOND LEVEL ELECTRICAL✅E143 OLD COURTHOUSE THIRD LEVEL ELECTRICAL✅E601 EXISTING ONE LINE FOR REFERENCE✅E602 ONE LINE REVISED✅E602A SCHEDULES✅E604 PANEL SCHEDULES✅E701 SPECIFICATIONS✅E702 SPECIFICATIONS✅G1.01 GROUND HEAT EXCHANGER SITE PLAN✅✅G1.02 GROUND HEAT EXCHANGER DETAILS✅M0.01 MECHANICAL LEGEND AND SPECIFICATIONS✅M0.02 SPECIFICATIONS✅M0.03 SPECIFICATIONS✅M0.04 SPECIFICATIONS✅M0.05 SPECIFICATIONS✅M1.01 SITE PLAN✅M1.11 BUILDINGS A & B - GARDEN LEVEL HVAC✅M1.12 BUILDINGS A & B - COURTYARD LEVEL HVAC✅M1.13 BUILDINGS A & B - EAGLE LEVEL HVAC✅M1.21 BUILDINGS C & D - GARDEN LEVEL HVAC✅M1.22 BUILDINGS C & D - COURTYARD LEVEL HVAC✅M1.23 BUILDINGS C & D - EAGLE LEVEL HVAC✅Number Title1Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Eagle County Geothermal - Exhibit C- List of Plans Mar 29, 2024 Apr 5, 2024 Apr 5, 2024 Jun 28, 2024 Jul 26, 2024 Nov 5, 2024 Feb 14, 2025 Utility Site Plan - RFP Civil - RFP Documents Geothermal - RFP Plans Mechanical - RFP Plans Electrical - RFP Plans Post RFP Revised G1.01 Number Title M1.31 BUILDING E - HVAC✅M1.41 OLD COURTHOUSE - MAIN LEVEL HVAC✅M1.42 OLD COURTHOUSE - SECOND LEVEL HVAC✅M1.43 OLD COURTHOUSE - THIRD LEVEL HVAC✅M4.01 ENLARGED PLANS✅M5.01 DETAILS✅M6.01 SCHEDULES✅M6.02 SCHEDULES✅M6.03 SCHEDULES✅M6.04 SCHEDULES✅M7.01 PIPING DIAGRAM - SOURCE SIDE✅M7.02 PIPING DIAGRAM - LOAD SIDE✅U.1.01 Legend & Abbreviations✅U.1.02 Utility General Notes✅U.1.03 Existing Utility Plan✅U.1.04 Existing Utility Plan (Aerial)✅1Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Schedule of Values - Exhibit D Eagle County Geothermal Cost Code Description Total 001-3100 Senior Project Manager 82,260.00$ 001-3120 Project Manager 262,545.00$ 001-3180 Project Coordinator 68,475.00$ 001-3200 General Superintendent 285,450.00$ 001-3250 Superintendent 218,845.00$ 001-5300 Field Trailer 14,000.00$ 001-5400 Field Office Equipment & Supplies 3,000.00$ 001-5500 Temporary Sanitary Facilities 6,000.00$ 001-5700 Telephone/Internet Usage Fees 3,500.00$ 001-5800 Temporary Barriers & Signs 5,000.00$ 001-7200 Safety/First Aid/OSHA 13,500.00$ 001-7300 Mobilize & Demobilize 2,500.00$ 001-7400 Construction Photographs 2,000.00$ 001-7900 Construction Technology 17,000.00$ 002-1100 Building Demolition 25,350.00$ 002-1200 Demolition of Site Work 9,300.00$ 002-2100 Excavator Mobilize/Demobilize 10,000.00$ 002-2200 Construction Surveying 6,000.00$ 002-2300 Trackout Control Mats 10,000.00$ 002-2400 Traffic Control 12,000.00$ 002-2500 Site Clearing 38,810.00$ 002-2600 Geothermal Slurry Pit 5,000.00$ 002-2700 Construction Fences 17,811.60$ 002-2900 Erosion/Sediment Control 10,000.00$ 002-4100 Geothermal Trenching 134,400.00$ 002-4200 Geothermal Spoils 57,600.00$ 002-4500 Final Grading 8,750.00$ 002-5100 Temp Water 16,500.00$ 002-5200 Flowfill at Utility Crossings 15,000.00$ 002-5400 Electrical Transformer - Remove & Set 15,000.00$ 002-5500 Landscape Trucking 5,500.00$ 002-5700 Landscape Dump Fees 2,200.00$ 002-5800 Landscape Equipment 5,200.00$ 002-5900 Utility Potholing - Allowance 35,000.00$ 002-7100 Asphalt IR Patching 8,008.00$ 002-7200 Asphalt Mobilization 350.00$ 002-7300 Gravel Subbase 7,000.00$ 002-7400 Pavement Striping 1,000.00$ 002-8100 Horseshoe Fence Modification - Allowance 9,000.00$ 002-8200 Sod Replacement 66,500.00$ 002-8300 Top Soil Import 28,500.00$ 002-8400 Landscape Mobilization 2,750.00$ 002-8500 Sod Replacement Labor 10,500.00$ 002-8600 Top Soil Labor 15,400.00$ Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 002-8700 Landscape Material 3,580.00$ 002-9100 Landscape Labor 2,100.00$ 002-9200 Irrigation System - Installation 11,900.00$ 002-9300 Irrigation System - Tech & Design 7,600.00$ 002-9400 Irrigation System - Materials 16,200.00$ 003-3100 Exterior Concrete Curb Replacement 3,360.00$ 003-3200 Exterior Concrete Sidewalk Replacement 3,000.00$ 003-4400 Concrete Pumps 2,500.00$ 003-4700 Concrete Coring & GPR 15,000.00$ 003-4800 Concrete Patching 5,000.00$ 005-1100 Cooling Tower Steel - Materials & Hardware 8,550.00$ 005-1200 Cooling Tower Steel - Welding & Fabrication 7,296.00$ 006-6100 General Labor 112,450.00$ 007-2200 Cooling Tower Insulation 4,760.00$ 007-3100 Roofing - Cooling Tower 16,430.00$ 007-3200 Roofing - Cooling Tower System Warranty 1,584.00$ 007-5100 Temporary Heat & Cooling - Allowance 100,000.00$ 007-9100 Caulking & Sealants 2,500.00$ 008-3100 Cooling Tower Access Door 10,665.00$ 008-3200 Cooling Tower Access Door - Install 3,000.00$ 008-3400 Access Panels 25,600.00$ 008-8400 Cooling Tower: Roof Frmaing Engineering 6,600.00$ 009-2100 Drywall: Demo-Reframe-Patch - Allowance 37,800.00$ 009-2200 Cooling Tower: Framing-Drywall Materials 13,078.00$ 009-2300 Cooling Tower: Framing-Drywall Labor 9,400.00$ 009-4100 Protection of Finishes 66,710.00$ 009-4200 Final Clean & Window Wash 29,064.00$ 009-9100 Painting - Allowance 25,500.00$ 009-9400 Painting - Cooling Tower 3,000.00$ 011-6100 Hoisting 10,000.00$ 011-6200 Material Moving Equipment 11,100.00$ 011-6500 Small Tools 15,000.00$ 011-6800 Dumpster Charges 10,000.00$ 015-3100 Fire Protection - Allowance 20,000.00$ 015-5100 Geothermal Manifold 529,307.81$ 015-5200 Geothermal Drilling 1,554,721.91$ 015-7200 Mechanical/HVAC - IntelliCube 426,672.00$ 015-7300 Mechanical/HVAC - VAVs 815,372.00$ 015-7400 Mechanical/HVAC - BAS Controls 532,000.00$ 015-7500 Mechanical/HVAC - Hydronic Heat 2,106,284.00$ 015-7600 Mechanical/HVAC - Piping Upgrades 1,544,144.00$ 015-7700 Piping Components Replacement - Allowance 93,500.00$ 015-7800 Commissioning 97,550.00$ 015-8100 Mechanical Warranty - Two Years 28,610.00$ R&H Mechanical Bond 169,323.96$ 016-1100 Electrical Rough and Trim 242,585.00$ 016-2100 Electrical Service 350,351.00$ 016-2200 Temporary Site Services - Allowance 426,873.00$ Encore Bond 7,648.57$ 017-1060 General Liability Insurance 193,199.67$ 017-1065 Builders Risk Insurance - Allowance 35,000.00$ Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 017-1080 Grant Reporting - Allowance 100,000.00$ 017-1120 Performance & Payment Bonds 84,127.91$ 018-1100 Construction Contingency 572,298.73$ 019-2100 Fee 781,187.76$ TOTAL:12,883,588.92$ Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Labor Rates Exhibit E Eagle County Geothermal Title Hourly Rate Senior Project Manager $180/hr Project Manager $115/hr Project Engineer $95/hr General Superintendent $150/hr Superintendent $115/hr Assistant Superintendent $95/hr Project Coordinator $75/hr Labor Foreman $65/hr Carpenter $65/hr Skilled Laborer $55/hr Preconstruction Manager $135/hr Estimator $95/hr The cost of the labor includes: 1) wages of construction workers employed by the Contractor to perform the Work; 2) wages or salaries of the Contractor's supervisory and administrative personnel, but only for that portion of their time attributable to the Work; and 3) 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, profits sharing, vehicles and incentive compensation. Contractor and Owner agree that it is difficult and expensive to calculate the precise amount of such labor costs, but desire to establish such labor cost rates with certainty in advance of incurring such labor costs. Thus,Owner and Contractor agree that such labor costs shall be charged as a Cost of the Work at stipulated fixed rates set forth herein. Such rates are guaranteed and subject to escalation as Employee Rates change due to salary increases or incentives that Employees may receive. Because these rates are mutually agreed to and established in advance of the Work, the rates shall not be subject to audit . Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 DESCRIPTIONDAILYWEEKLYMONTHLYDAILYWEEKLYMONTHLYTRAILERS EQUIPMENT & MACHINE ATTACHMENTS45' SEMI TRAILER$234 $585 $1,461 $243 $608 $1,52030' HILLSBORO GOOSENECK TRAILER $105 $263 $658 $109 $274$68420' HILLSBORO GOOSENECK TRAILER $99 $248 $621 $103 $258$64614' DUMP TRAILERPINTLE HITCH TRAILER $102 $255 $638 $106 $265 $663TRAILER - UTILITY$90 $224 $560 $93 $233 $583JOBSITE OFFICE TRAILER$750 $780JOBSITE TOOL TRAILER STOCKED *Includes power hand tools with value less than $750$2,000 $2,080TRANSPORTATION BUS OR VAN $638 $1,594 $3,986 $663 $1,658$4,145BOOMER FORKLIFT ATTACHMENT $82 $205 $512 $85 $213 $532SITE TRUCK$298 $744 $1,860 $310 $774 $1,93410,000 FORKLIFT WITH ATTACHMENTS $881 $2,202 $5,506 $916 $2,290 $5,7268,000 LB FORKLIFT WITH ATTACHMENTS $477 $1,193 $2,982 $496 $1,240 $3,101SKIDSTEER 236/242/246 $467 $1,168 $2,920 $486 $1,215 $3,037SKIDSTEER 262/272 $588 $1,470 $3,674 $611 $1,529 $3,821TRACK SKID STEER 259 $746 $1,864 $4,660 $775 $1,938 $4,846TRACK SKID STEER 262/77/79/89 $909 $2,273 $5,682 $945 $2,364 $5,909TRACK SKID STEER 297/299 $1,003 $2,506 $6,266 $1,043 $2,607 $6,516SKIDSTEER BUCKET $156 $389 $973 $162 $405 $1,012SWEEPER / ATTACH SKIDSTEER / Hydraulic Broom $335 $837 $2,093 $348 $871 $2,176DIESEL FUEL TANK W/ STAND $23$58$146$24$61$152PUMPS & HOSES2" WATER PUMP$111 $277 $693 $115 $288 $7212" TRASH PUMP$155 $387 $968 $161 $403 $1,0073" TRASH PUMP PUMP $130 $326 $815 $136 $339 $8483" SUBMERSIBLE PUMP $204 $511 $1,277 $213 $531 $1,329FIRE HOSE VAR. LENGTHS & DIAMETERS $9 $23 $58 $10 $24 $60 4" PLASTIC FLEX HOSE / SUMP HOSE $0$0$83$0$0$86HEATERSHEATER HOSES / GAS LINE --NATURAL GAS OR PROPANE HEATERS ELECTRIC SPACE HEATER $12 $29 $73 $12 $30 $76100,000 BTU HEATER $67 $168 $421 $70 $175 $438150,000 / 175,000 BTU HEATER $86 $214 $536 $89 $223 $557300,000 BTU PROPANE HEATER $120 $301 $753 $125 $313 $783350,000 BTU HEATER $200 $501 $1,253 $208 $521 $1,303400,000 BTU HEATER $246 $615 $1,537 $256 $640 $1,599HEAT WAVE 15 ELECTRIC HEATER W / WHEELS $127 $316 $791 $132 $329 $823GROUND THAW GLYCOL HEATER - SMALL (E2200) $998 $2,496 $6,240 $1,038 $2,596 $6,490GROUND THAW GLYCOL HEATER - LARGE (E3000) $1,331 $3,328 $8,320 $1,384 $3,461 $8,653INFRARED HEATER$12$29$72$12$30$75SCAFFOLDING, FRAMES & CROSS BRACESBAKERS SCAFFOLD SETS / COMPLETE$292 $304PERRY SCAFFOLD / COMPLETE SET$585 $608SET OF PUMP JACKS$339$352OFFICE EQUIPMENTTHERMAL CAMERA - LARGE $232 $580 $1,449 $241 $603 $1,507THERMAL CAMERA - SMALL (FLIR OR SIMILAR) $45 $112 $281$47 $117 $292MATTERPORT CAMERA $270 $676 $1,690 $281 $703 $1,758CONSTRUCTION TECHNOLOGY - JOB SPECIFIC AT $1500/$1MJOB SPECIFIC JOB SPECIFICMOISTURE METER (TRAMEX BRAND OR SIMILAR) $260 $270OFFICE EQUIPMENT & FURNISHINGS iPAD (Each)COMPUTER-LAPTOPSOLID BUILDER FIELD LICENSE AND LAPTOP $156 $162FIELD OFFICE FURNITURE (DESKS, TABLES, MICROWAVE, REFER, COPIER) $312 $324DRONE$270 $676 $1,690 $281 $703 $1,7581.) The equipment rates are projected to increase by the following percentage per year: 5%2.) Equipment rates listed above do not include delivery charges or taxes.3.) Equipment rates do not include consumables items. i.e. fuel, bits, sawblades, etc.4.) Equipment rates are billed by the weekly / monthly duration of the equipment on the job, not the hours used.5.) Equipment rates exclude: loss due to theft, vandalism or damage due to operator error/abuse and/or excessive wear and tear.6.) Rolling 40s and/or double shift usage will increase equipment rates to 1.5X monthly rate.7.) Equipment rates are based on 7 days/week or 4 weeks (28 day) / month.2026 RATESINCLUDED WITH HEATERSEquipment Rental Rates - Exhibit F$500/Pull + dump fees2025 RATESINCLUDED WITH HEATERS$475/Pull + dump feesINCLUDED IN LABOR RATESINCLUDED IN LABOR RATESINCLUDED IN LABOR RATESINCLUDED IN LABOR RATESINCLUDED IN JOB TRAILER INCLUDED IN JOB TRAILER1of 1Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418 Cost Code Description Amount 002-5900 Utility Potholing 35,000 Time and material llowance for physical locates of utility lines crossing proposed new construction. Includes all mechanical "vac" services and hand potholing and hand trenching activities. 002-8100 Move & Modify Horseshoe East Fence 9,000 Time and material allowance for modifications to existing horseshoe fence and activity area include the following scope: removal and installation of existing split rail fence, removal and reinstallation of 2x pit back stops as required, removal and reinstallation of metal stakes, protection of existing existing finishes. Replacement of existing equipment and finishes is not anticipated. 007-5100 Temporary Heating & Cooling 100,000 Time and material allowance for temporary equipment and installation of heating and cooling equipment. Allowance includes labor for setup and takedown for relocation of equipment to each phase or area of the project. 009-2100 Drywall Demo, Reframe, and Patchwork 37,800 Time and material allowance for drywall demolition, reframing, and wall or ceiling hard lid patchwork required for removal and installation of all mechanical, electrical, and plumbing system components to be replaced or upgraded per the contract documents. Drywall finishes shall be restored to existing finish level. 009-9100 Painting for Drywall Patching 25,500 Time and material allowance for painting of patched and repaired drywall finishes. 015-3100 Fire Protection / Fire Alarm 20,000 Time and material allowance for modifications to existing fire sprinkler and fire alarm equipment required to be relocated or modified for installation of new mechanical, electrical, and plumbing system components to be replaced or upgraded per the contract documents. 015-7300 Missing VAV Piping Components Replacement 93,500 Time and material allowance for installation of missing required components for mechanical systems. May include but is not limited to: valves, ball valves, strainers, circuit setters. Reference detail #4/Sheet M5.01 for typical required equipment. Cost of $1870.00 is for mateials and installation of 4 items noted above installed. 016-2200 Temporary Power - Materials 291,963 Material and equipment allowance for setup and installation of temporary power for project. 016-2200 Temporary Power - Labor 134,910 Time/Labor allowance for setup and installation of temporary power for project. 017-1065 Builders Risk Insurance 35,000 Allowance for Builders Risk Policy. Policy for Builders Risk is for construction duration with substantial completion on 01/14/2026 per Construction Schedule included in Exhibit B. 017-1080 Grant Requirements Reporting 100,000 Allowance for documentation and reporting of all grant or tax credit requirements. Total:882,673 Exhibit G - List of Allowances Eagle County Geothermal Docusign Envelope ID: 48507ED3-270C-4B54-A28A-070E18F93418