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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.
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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:
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AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by
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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
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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
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AIA Document A102™ – 2017. Copyright © 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, 1987, 1997, 2007 and 2017 by
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§ 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.
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«§ 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
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§ 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
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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.
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§ 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.
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result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This
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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
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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.
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§ 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;
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.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
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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.)
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[ « » ]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:
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(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.
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§ 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
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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
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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
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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.
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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.
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it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
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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.
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it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
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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
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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.
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§ 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.
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§ 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
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§ 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.
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§ 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
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§ 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
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it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
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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
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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
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2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S.
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it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
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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,
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it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
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§ 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
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it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
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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
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it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
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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
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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.
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it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
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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.
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§ 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;
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.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
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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.
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§ 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
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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.
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§ 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.
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§ 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
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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
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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.
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§ 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
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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
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§ 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.
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§ 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.
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§ 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:
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.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
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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.
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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.
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§ 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.
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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®
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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
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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
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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.
« »
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§ 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