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Home My WebLink About20171644.tiffDEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 July 12, 2018 To: Board of County Commissioners From: Toby Taylor Subject: Nunn Grader Shed Change Order #2 (Bid: B1100098) Weld County awarded a bid (B400098) to Haselden Construction for the design -build construction of the Nunn Grader Shed. Change Order 2 is a deductive change order amount of $16,055.21 for the portion of contingency that was not used. Buildings & Grounds is recommending approval of Change Order #2. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 7� ? Pit(12,-rla lei) 66: i3GCT'f/c;) 1-18- /8 02017, /(,,,'/-1- HASELDEN CONSTRUCTION 6950 S POTOMAC ST CENTENNIAL, CO 80112 HASELDEN CONSTRUCTION, LLC CHANGE ORDER COR 2 Title: Reduce contract value by $16,055.21 for unused contingency Change Order Date: Project: NUNN GRADER SHED To (Owner): WELD COUNTY DEPARTMENT OF BUILDINGS AND GROUNDS PO BOX 758 GREELEY, CO 80632 Contract Number: 170105- - NUNN GRADER SHED We are reqeusting to make the following changes in this Contract: Reduce contract value by $16,055.21 for unused contingency PCO PCO Description Amount XCO 2 Reduce contract value by $16,055.21 for unused contingency Total For Change Order: Total Change In Days: Not valid until signed by both the Owner and Architect Signature of the Contractor indicates the Contractor's agreement herewith, including any adjustment in the Contract Sum or Contract Time. $-16,055.21 $-16,055.21 0 The original Contract Sum was 720,420.00 The net change by previously authorized Change Orders was 0.00 The Contract Sum prior to this Change Order was 720,420.00 The Contract Sum will be decreased by this Change Order -16,055.21 The new Contract Sum will be 704,364.79 Change in Days 0 The Contract Time will be unchanged Authorized By Owner: WELD COUNTY DEPARTMENT OF BUILDINGS AND GROUNDS BY BOCC CHAIR, PO BOX 758 STEVE MORENO GREELEY, CO 80632 By: Date: JUL 1 8 2018 Accepted By Contractor: HASELDEN CONSTRUCTION, LLC 330 South Co : e Ave Date: Page 1 Architect/Engineer: signed by Holloway S, E=jholloway James G Ho .s. hitecture.com, = es G Holloway 18.07.11 By: . . -06'00' Date: 07/11/2018 HASELDEN CONSTRUCTION, LLC 07/11/18 01:14:41 PM HCL_COR.rpt 0,20/1.44171' APPROVED ASTOSUBSTANCE: Elected Official or Department Head AP,O=y NDIN Controller APPROVED ASS TO FORM: /v tl".4(..'—. County Attorney DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 November 17, 2017 To: Board of County Commissioners From: Toby Taylor Subject: Nunn Grader Shed — Change Order 1 (Bid # B1700098) Weld County awarded the bid to construct a new Nunn Grader Shed complex through a design -build process to Haselden Construction. The design is complete and Haselden has established the Guaranteed Maximum Price for the construction of this project at $720,420 which included the design fees. To convert this project from the design phase to the construction phase, Change Order #1 for $720,420 is needed. Buildings & Grounds is recommending approval of Change Order #1. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director cc: �w��/,ems/,ems) a ,- 1(Dyti if, TiaDo f `I rw Document G701 — 2001 Change Order PROJECT (Name and address): CHANGE ORDER NUMBER: 001 Nunn Grader Shed 17605 Weld County Road 96 Nunn, CO 80648 DATE: 11/14/2017 TO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: 2011 -CO Haselden Construction, LLC CONTRACT DATE: June 27.2017 330 S. College Ave. CONTRACT FOR: General Construction Suite 300 Ft Collins, CO 8052 OWNER: 0 ARCHITECT: 0 CONTRACTOR: 0 FIELD: 0 OTHER: 0 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Contractor's Cost Proposal for the Work is set forth in Exhibit I attached. The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be unchanged by ( ) days. The date of Substantial Completion as of the date of this Change Order therefore is April 19, 2018 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change DirectiveDirective. 0.00 0.00 0.00 720,420.00 720,420.00 NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. GSG Architecture Haselden Construction. LLC ARCHITECT (Finn name) 3535 W. 121h Street Suite D Greeley. CO 8063 S Bre) James G. Holloway (Typed name) 11/16/2017 DATE CONTRACTOR (Firm name) 330 S. College Ave. Suite 300 Ft Collins. CO 80524 DRESS BY(Sig»arartd vid A. Lueders - \ Pimp itivP Vice Prestdoit & (Typeti/lgrAdministrative Officer Haselden Construction. I_I .C DATE . \,1AN. DATE $ $ Weld County Department of Buildings and Groun OWNER (Finn name) 1105 H Street P.O. Box 758 Greeley. CO 80632 SS B(Signature) Julie A. Cozad, Chair, BOCC (Typed name) NOV 2 2 Zah1 AlA Document 670111' —2001. Copyright ® 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This Atte 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 document was produced by AIA software at 16:30:48 on 11/14/2017 under Order No. 0517421750 which expires on 04/25/2018, and is not for resale. User Notes: 2o/71 (3B9ADA18) o /6 L� RE: CHANGE OR APPROVED TO E Elected Official or Department Head I F UNN G'' : ,DE SHED Hf`u ELDEN CON T IUCTiON9 LLC STA APPROVED AS TFUNDING: r Contro ler APPROVE 'AS TFORM: County Attorney EXHIBIT 1 liaselden Construction, LLC 330 S. College Ave., Suite 300 Fort Collins, CO 80524 970.232.2096 Tel www.haselden.com CONSTRUCTIO November 14, 2017 Mr. Toby Taylor Director of Weld County Buildings and Grounds 1105 H Street Greeley, CO 80632 Regarding: Weld County Nunn Grader Shed Dear Mr. Taylor, We are pleased to submit for your review our Design Builder's Cost Proposal to provide all necessary labor, materials and equipment to complete through Construction Documents scopes of work. Our Design Builder's Cost Proposal is as follows: T T .L ESTIM 1 D CONS' RUCTION COST CL RIICATI :,,NS 0dQ0b®®€1000090161(400690®o©a09G01901000000e 0000®o60000d%tlefi 7209420.00 Please refer to our "Clarifications" (Tab 3) for a listing of clarifications/exclusions affecting our proposal. SCHEDULE Please refer to our "Construction Schedule" (Tab 4) for a copy of our construction progress schedule, dated November 6, 2017. This schedule indicates the critical construction activity dates. Our construction progress schedule is realistic; provided that the final design and bid package/award activities occur on a timely basis. We believe that this Design Builder's Cost Proposal properly reflects the cost and scope of the project. If you have any questions regarding the data submitted or should require additional information, please do not hesitate to contact us. Sincerely, HfEEE).. _C C L'14 C.L.4____ i Ken Baumgartner Director of Preconstruction !:$TTON/ LLC Page 1 of 13 S D E CONSTRUCTION TRADE DESCRIPTION -ter" . = omsi y PROJECT Lot ' 00B Project Logistics OOC Trash and Toilet DOD Temp Fence 01B Temp Heating / Weather Protection 018 Ground Heaters 01C Cranes / Hoisting 01E Surveying / Layout 01F Final Cleaning / Cleanup Labor D1i Dewatering 01K Snow Removal ON'3 - CONCRETE .„..� " �. ak , : .°tie 03A Concrete (Build_ ing and Site) - 31, ^TC'�..' pj-I�ray! ' - 1 t0:S 87EE1. t\- �`�Yl�,.•�/��'v'-��j�'1 `N!j �(t7�Q. � ��`1.��n '�ir<rle�+at e.avau. ... .... ..`Gib'L��4iL�LT+�W�I:s6�`�.�`�rr��`I 05A Structural Miscellaneous Steel 05B Structural Miscellaneous Steel - - Erection rIlftn - r wr PIVISJOKtilIVOODSVP :— awuwx..a..,.wr.x-.,.vy+- •..ww.n t 3l . 06A- - Rough Carpentry - _ -�-- DIVISION 7 THERMAL tmostUf PROTECTIOt•I 07A Dampproofing / Waterproofing 07C Building Insulation 07D Metal Wall Panels 07E Roofing / Sheet Metal __ _ _ Joint Sealants yy�� pp�� yyyy��,(��r, *��[,�`4 !lA'ti lct¢ng�'TR�� -� � +�jf`:$. H 8 -DORS fd: nil_ �d. ;E-,a.a ? � "r.�': ^",P ,,P!WJ 08A Door/Frame/Hardware Install _ 1188 Door/FrameJHardware Supply 080 Overhead Coi% Doors _ _ DIVISION 9 - FINISHES - - _ 09B Gypsum Board Systems 09G Resilient Flooring / Carpet (Rubber Base) 0914 Concrete Sealer 0.94 Painting _- 09K Protection of Finishes 10B Signage�_. 10C Toilet Compartments / Accessories 106 Wall and Protection 10H Fire Protection Specialties i3llllt$itll l 3t.1'BPI±CiAL CgNs114io t- xift z ' s ltA 13A Pre-Enghineered Metal Building ._ .. _.. . 13K Fuel Tanks 13L Propane Tank _- 13.1 Leech Field and Structural Excavation - :.M.�-... ter. 11s M T �..�n•�-f�.-*ra/.►-.. S,-� ` 23A Mechanical / Plumbing Systems `—r;e,.?: /� �+ tr^�<1+e1�,'�jt�rR+ty�� rya sv. .: e� ��„, MI.�.C� �� -;: i. V .'•:ii gin etitie:ALli � ee'f 'd$ af5 ,4,T' � v� '� _(;s.,:. y ".S A 26A Electrical Systems . O$31= EARTH1WO cia ••- 31A Earthwork 31B Erosion Control mcr- '10 - 32 517E Mi EN... 3 �; "`' � 328 Site Concrete 32F Demising Fence . 32H Landscaping (Rip Rap) gilYISION13:; = _.. 33A Site Utilities DIRECT COST TOTAL »> CONTINGENCIES Bidding Contingency construction Contingency Escalation 0.00% 3.00% 0.00% L 01 NGENCIES COST TOTAL General Conditions 10.00% DIRECT COST W/ CONTINGENCY & GC SUBTOTAL >> INDIRECT COSTS: Design And Professional Services Plan Review Fee and Building Permit Fee Owner Provided or Deleted Scope of Work Tap And Development Fees 5.70% TOTAL .INDIRECT COST - - DIRECT & INDIRECT LE ST TOTAL >> INSURANCE & BOND COSTS: Liability Insurances Builder's Risk 1.08% 0.25% - (( p • �,_ t-i gf�If { 4,r.. , M_y�IC-�1: T: 5. INSEJRAN,1,L3STT_. ■Insurance n z.; Sae -TT: ' CONSTRUCTION FEES: CONSTRUCTION CM/GC Pre -Construction Fee CM/GC Construction Fee 0.45% 5.00% CONSTRUCTION FEES COST TOTAL - BOND COSTS: Sub Bonds / Subcontractor Default Insurance Performance & Pa ent Bond 1.06% BOND'COT TOTAL PROJECT TOTALS >>> EXH IPPH Nunn Grader Shed -Weld County 100% CO's $ 42,919 $ - $ $ 27.469 S 10,000 $ S S 3,200 S 2.250 S $ aBMW47 S 129,947 1 2,860 $ 2,850 $ S 600 140 $ 5,160 S $ - $ S 3,980 $'alai, S $ 5,584 11,6677 dS $ - 25' S 12,984 S 240 S 5,584 S 3,450 $ $ - 2,690 $ 600 $ 1,595 $ 495 S $ 220,x.: S 127,594 $ 58,700 5 5,500 S 28,735 $ 70,906 S 60,240 $ 179,361 $ 1,450 $S. S S 9.888 S 770,028 S $ 23,101 S 5 - 23.101 S 79.313 S $ 49.729 By Owner $ (255.011) B Owner S Mal _4. _at.,„t„,_ nat. S 7,205 $ 1,668 $ 3.042 $ 33,802 S 36,844 S 7,542 S,'Z S 720,40 100% CD's 11/14/2017 Revision NOTES W/ GC's W/ GC's Not Included Haselden Allowance Haselden Allowance Wl Trades Haselden Haselden Haselden Allowance W/ GCs ray,. Mancu Pepper Tank WI Concrete }� <: , Haselden RSI WI PEMB VV/ PEMB WI PEMB RSI WI Painting CO Doorways Quality RMCC Masters/RMCC RMCC RMCC Included Haselden WyoColo WyoColo OFOI Heath Eaton Blue Flame Gerrard Cormin /Mr Ex. its(includes Sandlall Interceptor) Gregory (Gas LP Generator included) Gerrard W/ Earthwork / Haselden- Maintenance WI Building Concrete RMCC WI Earthwork WI Electrical Not Required See Highlighted Scope above Page 2of 13 F(DEN n CONSTRUCTION TRADE DESCRIPTION DIVISION -1- PROJECT.LOGISTICS 00B Project Logistics D0C Trash and Toilet 00D Tamp Fence 01B Temp Heating / Weather Protection 018 Ground Heaters 01C Cranes / Hoisting 01E Surveying / Layout 01F Final Cleaning / Cleanup Labor 01i Dewatering Snow Removal _ p yy��0199K//�. D /1$1ON 3 COi1CRE'i G r '�"ki;44, y `c --, --a J'+�--�'4itc Fes-' .Fic'4a' 03A (Building and Site) _ _Concrete _ ! S*NNI 5. STEEL* ' k 05A Structural Miscellaneous Steel 05B Structural Miscellaneous Steel iErectiont DIVISION 6-iWOODS-& PLA$Y1CS , ail " . . 06A - Rough Carpentry -.. :7: DIVISIONa THERMAL 8 MOISTURE PROTECTION - 07A Dampprocfing / Waterproofing 07C Building Insulation __ 07D Metal Wall Panels 07E Roofing / Sheet Metal _ - 071 Joint Sealants _ _ DIVISION 8 DOORS AND WIAIDOIi -' `i I -IS . 08A Door/Frame/Hardware Install 08B Door/Frame/Hardware Supply 08D Overhead Coiling Doors DIVISION 9 .FINISHES ti .. 098 Gypsum Board Systems 09G Resilient Flooring / Carpet (Rubber Base) 09H Concrete Sealer 09J Painting 09K Protection of Finishes ... _ _ -- - i t VF3J raFY Fri F a �... E DIVISION 10-5PEClAL7lE5 s 108 Signage - - . .__ 10C Toilet Compartments / Accessories 10G Wall and Protection .... _- . - 10H Fire Protection Specialties DIVISION 13 - SPECIAL CONSTRUC, ____ < `� 13A Pre-Enghineered Metal Building 13K Fuel Tanks 13L Propane Tank 13J Leech Field and Structural Excavation DIVISION 23-_b9ECHANiCAt- SYSTEM { 1, - a.9m't 23A Mechanical / Plumbing Systems DMV_13ION 26 = ELECTRICAL SYSTEMS 1 ih == .. -_ . Electrical Systems T g ¢� p26A/q_i� syp�G ti��""�r -� ��4t`"u* I�1 "Az ,t�`"R DIVISION .3 f II E Ailiv / -v+ .14e ��rc}��4��r `yk � rtP�{, h�I, 1`��? a�'�c�.. ;... iii≥ 31A Earthwork 31B Erosion Control DIVISION 32 • siTE IMPROVEiIEttS M rte..: ' 76'3 -= _,--- -. 32B Site Concrete 32F Demising Fence 32H Landscaping (Rip Rap) DI1n81DN;33;=.SITE UTILITIES fax 33A Site Utilities DIRECT.COST"k'tl :AL >>? CONTINGENCIES Bidding Contingency 0.00% Construction Contingency Escalation 3.00% 0.00% ,CONTINGENCCIES COST TOTAL General Conditions 10.00% & GC SQBTO `AL> itr4 1` i DIRECT COST WI CONTINGENCY INDIRECT COSTS: Design And Professional Services 5.70% Plan Review Fee and Building Permit Fee Owner Provided or Deleted Scope of Work Tap And Development Fees IMQIt1CT at.SITOTAL - WEPT: NDIRECTcp, . Tp 555; INSURANCE & BOND COSTS: Liability Insurances Builder's Risk Insurance 1.08% 0.25% INSURANCE COST TOTAL - CONSTRUCTION FEES: CM/GC Pre -Construction Fee CM/GC Construction Fee 0.45% 5.00% CONSTRUCTION FEES COST TOTAL BOND COSTS: Sub Bonds / Subcontractor Default Insurance Performance & Pa ent Bond 1.06% BOND COST TOTAL MIMI PROJECT TOTALS >» ALT#1 Gate & Guard o- = S - S - S - S - S - S - S - $ - S S - $ 28,186 $ 26,186 tar: $ y tN�� $ - S - S - S - *5 - $ S -_ $ - $ - $ S - $ - S .S sta.' $ -- - - - S S $ .... - i $ $ - $ $ - $ S - .5 - $ - $ - $ - $ rt' S - S - $ 846 S - S 846 $ S 29 032_ By Owner By Owner By Owner 8 Owner S 29.032 $ 314 S 314 S 132 S 1.467 S 1,599 wl COW $ 327 $ a `r127 $ 31,272 ALT #2_ Concrete Apron $ - $ - S - S - $ . $ - $ - S - $ 65,633 $ 65,633 -. S - V a $ S - S - S - - S - - S - s - S - s S - s - S - s - S Y$.. a S - $ - $ - s - S .. 65,633 S - $ 1,969 S - S 1,969 S - 5 67,602 By Owner By Owner By Owner B Owner - 67,602 5 730 730 $ 307 S 3.417 S 3,724 - wl COW $ 762 162`. 72,819 ALT #3 Loading Ramp tnen S - S s s $ s S - S - $ - s s - $ F. S $ -. s s - s S - $ - $ e s $ - S - . r%�''! Z Pte--- D`--. -. $ s - $ - $ - $ S $ S - e S s s - $ fl _ s $ S 5.�_ S 5,000 $ $ $ S - S - $ S 5,000 S $ 150 S - S 1 SQL S - S 5,150 By Owner By Owner By Owner B Owner S = - 5 5:150. 5 56 $ 56 S 23 $ 260 S = .284 wl COW $ 58 C-Ss�.i��lj1 _ i Altai - Delete Sand/Oil ' $ - $ - $ - S _ S S - S - S - $ $ - S S - $ - S $ - S - S - S - $ - ♦7 - S - $ - $ S - S - $ - S - $ a S - S - S - $ az S - s - $ - $ (8►300) S (8.340) $ $ - :A' $ - s - s - S - $ - ._ $ s - (8,300) $ - $ (249) S - $ (249) $ - S (8.549) By Owner By Owner By Owner _ B Owner S. . -($,549): $ (92) $ (9:2 S (39) S (432) $ (471) w/ COW $ (96) $ 'MOT S (92Q9 Alt f#5 Liquid LP Gen .. _ - S - S - S - 5 - $ - $ $ $ S 5 $ S - 5 $. S - S - S - S -- $ $ 5 - 5 S S - $ - S - IS $ S S - $ 5 $ - S - S 8,650 $ - S `l. r - S 8.650 S $ 260 S S 260 8,910 By Owner _ By Owner By Qwner B Owner 8.910 -# 96 $ 41 $ 450 491 w/ COW S 100 100 $ 9,597 EXH Fill ILO Rd. Base $ $ S $ $ S S $ $ $ S $ S $ S $ S $ S S S $ S $ S $ S $ S $ S $ S By Owner By Owner By Owner XHIBIT ALTERNATES NOTES Marrou Big R Bridge / SWI C31:174."1 -VIII yat Cormin Pole Mountain Gerrard t Page 3 of 13 Clarifications & Assumptions 11/14/2017 NUNN GRADER SHE`' WELD COUNTY HASELDEN r.. STR Carl 100% CD CLARIFICATION S IL ASSU PT! E IB I T 1 L H/tSEL4TPE ft� CONSTRUCTION GENERAL CLARIFICATIONS: 1 Any clarifications not specifically changed, deleted or modified below that was included in previous bid package submittals shall remain valid. 2. Contingency - Owner and Design Builder agree the Contract Sum shall include contingency for the Design Builder's exclusive use to cover those costs incurred for the performance of the Work but not included in a Change Order. Design Builder shall provide a reconciliation to Owner as required to document the utilization of contingency. The Design Builder's contingency shall not be utilized for Owner scope changes, unknown conditions or other costs which are a basis for a Change Order. At the time of final payment any unused contingency shall be returned to the Owner. 00A ALLOWANCES t . An allowance in the amount of $27,469.00 for Temp Heating and Weather Protection has been included. 2. An allowance in the amount of $2,250.00 for Dewatering has been included. 00B GENERAL REQUIRMENTS 1. No additional clarifications. 01B TEMP HEATING AND WEATHER PROTECTION 1. Ground Heaters/Thawing allowance ($10,000.00) was removed from Design Builder's Cost Proposal. Scope is to be Owner provided. 01D FINAL CLEANING 1. No additional clarifications. 01 E SURVEYING/LAYOUT 1. No additional clarifications. 03A CONCRETE - BUILDING AND FORMWORK/FLA"ORK 1. Extended concrete apron is included with Alternate #2 05A STRUCTURAL STEEL 1. No additional clarifications. 05B MISC STEEL FABRICATIONS 1. Site fence and cattle guard are included with Alternate #1. 2. Loading Ramp is included with Alternate #3 Page 1 of 4 Pane 4 of 13 Clarifications & Assumptions 11/14/2017 06A ROUGH CARPENTRY 1. No additional clarifications. 06B ARCHITECTURAL WOODWORK 1. No additional clarifications. 07A DAMPPROOFING/WATERPROOFING 1. No additional clarifications. 07C BUILDING INSULATION 2. No additional clarifications. 07D METAL ALL PANELS 1. No additional clarifications. 07E ROOFING/SHEETMETAL 1. No additional clarifications. 07F ROOF ACCESSORIES 1. No additional clarifications. 07G FIREPROOFING 1. No additional clarifications. 07H FIRE STOPPING 1. No additional clarifications. 071 J INT SEAL NTS 1. No additional clarifications. 08A DOOR/FRAME HARDWARE INSTALL 1. No additional clarifications. 08B DOOR/FRAME/HARDWARE SUPPLY 1. No additional clarifications. 08C ACCESS DOORS 1. No additional clarifications. 08D OVERHEAD COILING DOORS 1. No additional clarifications. CONSTRUCTION Page 2 of 4 Page 5 of 13 Clarifications & Assumptions 11/14/2017 09B GYPSUM BOARD SYSTEMS 1. No additional clarifications. 09J PAINTING No additional clarifications. 09P PROTECTION OF FINISHES 1. No additional clarifications. 10B SIGNAGE 1. No additional clarifications. IOC MISCa SPECILIES 2. FRP at wet walls have been included. T HIBIT 1 s_. HASELI E CONSTRUCTION 13K Fuel Tanks 1. Fuel Station ($58,700.00) was removed from Design Builder's Cost Proposal. Fuel Station is to be furnished and installed by Owner. Haselden Construction to provide Electrical, Bollards and Concrete Pad. 13L Propane Tank 1. Propane Tank ($5,500.00) was removed from Design Builder's Cost Proposal. Propane Tank is to be furnished and installed by Owner. Haselden Construction to furnish and install bollards. 21A FIRE PROTECTION SYSTEMS 1. Fire protection and fire suppression are excluded. 22A PLUMBING SYSTEMS 1. Sand/Oil Interceptor has been included. 2. Haselden Construction to furnish and install Leech Field. 3. Domestic Water Well is to be Owner provided. Haselden Construction to provide plumbing and electrical to water well. 23A HVAC SYSTEMS 1. No additional clarifications. 26A ELECTRICAL SYSTEMS 1. Gas LP Generator has been included in the base bid. A Liquid LP Generator has been excluded. If a Liquid LP Generator is required, an additional $8,650.00 (Per Alternate #5) for this scope is required to be added to the Design Builder's Cost Proposal. Page 3 of 4 Page 6 of 13 Clarifications & Assumptions 11/14/2017 ELDE CONSTRUCTION 31A EARTHWORK 1. Earthwork Design Builder's Cost Proposal scope amount was reduced ($179,361.00). Owner to provide all earthwork with the exception of Structural Excavation. Structural Excavation to be provided by Haselden Construction. 2. Owner is to furnish and install all Erosion Control, Structural Fill (import and placement), Site and Water Quality Feature excavation, Weir Wall (Complete), Building to Sub Grade, Side Grading, Culverts, Rip Rap, Rock Chuck Damns and Vehicle Tracking pads. 31B EROSION CONTROL 1. All Erosion Control ($1 ,450.00) was removed from Design Builder's Cost Proposal. All Erosion Control is by Owner. 32B SITE CONCRETE 1. No additional clarifications. 33A SITE UTILITIES 1. No additional clarifications. Page 4 of 4 Page 7 of 13 EXHIBIT 1 Nunn Grader Shed Y --= .• .f 06 -Nov -17 16:1z ►'! �',:D, Activity ICJ ' Activity Name Original arnainifg tart F la - . • y 2017 A .. • 8 I O _ 1 D J ri _ i L �.l' 0 Z. t 0 r j � � °� � 0 1 s _ _ _. - «__ . -_._: , :..__. _ _..-.. � -'. � ._..,. ..: -.: �.- -. _ r.-^- -ir�M -.1'_ V� _ ` .2 'ti ... -J"V..�.r C � .:'. .. .. �� tt -}� �,N - -,. .'i1. -_1y +� r-�-<yu, iii i_a r '�-�� dd ci=+`.:-='�w ..., rr.,�.r .-J,� r - {1 �1 1 �:�� y.. .. .... : : .:::. � ! �»�� '� •.k ��:'C,••-, r _— srl,-�..',. ..•• - , .."' 4X :-:CB+S,tr �t.pM,r•v �,�� ', : r s : Pre ;y • 0�;. - 15 Pre Construction/Prot + ruction/Proc . , al: �'Jim.i.'AIM!d1...�cfAfbitr(�:�38?Q9�...:1h4!-.��:i5—.—,+.-:m'� - - , -Dec -17, ... n A1000 Contract Award ' R;,:..n�-Nrta.-iynS^'s/j+3'.r^p_�!lY,:,.r'7A'..fyl NIP �.Se•I.f'%-.' .."... '_ '.. .. . 1 0110 -Jul _ -17 A 10 n''^_'� i -Jul .sfk�.,.,„ •iw -17 "M_57a; A Contract Award NTP A1440 50% CD's 44 0 10 -Jul -17 A 08 -Sep -17 A [;` ,,,,i- .6.-4 � , 4?4 .r'�rp, �� - `- 50% CD's ' A1020 '.:, Release Steel Frame Building 50 21 16 -Aug -17 A 04 -Dec -17 Release Steel Frame Building . A1460 100% CD's 10 0 11 -Sep -17 A 126 -Sep -17 A ta4t.e.gg :100% CD' A1010 Attain Building Permit 15 5 27 -Sep -17 A '. 08 -Nov -17 ��b � �r�,., Attain Building Permit l A1470 Final Design Builder's Cost Proposal 15 5' 27 -Sep -17 A : 08 -Nov -17 rj ,- , Final Design Builder's Cost Proposal A1450 Sub Contractor Sign Up 10 10 09 -Nov -17 22 -Nov -17 ram Sub Contractor Sign Up A1030 Submittal/Shops Review Footing Foundation 15 15 27 15 - Submittal/Shops -Nov -17 -Dec -17 M- 8gq `�.. -, Review Footing A1040 Owner Submittal/Shops Domestic Water Well 15 15: 27 -Nov -17 15 -Dec -17 c Owner Subrnittai/sho s,Domestic A1050 Submittal/Shops f Septic Tank 15 15' 27 -Nov -17 15 -Dec -17 ; - Submittal/Shops Septic;Tank - -•-- A1060 Owner . Submittal/Shops p Fuel Tank 15i 15 27 -Nov -17 15 -Dec -17 L .. ' .[ Owner Submittal/Shops:Fuel Fuel Tangy :131Nov�'17' �. ; �� IIIII evµ1T 13 -Nov -17, Mobilization ,a A1070 Site Fence 1' 1; 09 -Nov -17 09 -Nov -17 6 Site Fence A1090 ; Owner Installed Erosion Control 1' 1 10 -Nov -17 10 -Nov -17 0 Owner Installed,Erosion Control A1080 Trailer/Connex 1 1 13 -Nov -17 13 -Nov -17 I Trailer/Connex: .... .. ..- . 4 ..,,. r `: v ..• •� t iy' F r-, .r . r ;, r+ri`;i '"� y+'C: i-p. i ':�^ -.ti' i @i'; 1149.E t '':Yj' {i gt:: Te if�1lurnianzaranszisana dp u nl• 2 i)11'1" • -t i Site Prep 10 10 06 -Nov -17 17-Nev-17 - -t",°°,.•,..,;,ir, 17=Nov-17, Site Prep A1100 Owner Import Structural Fill 6 6 06 -Nov -17* 13 -Nov -17 k.-:, Owner Import Structural Fill A1110 Owner Building to Sub Grade -1 1 14 -Nov -17 14 -Nov -17 i Owner Building to Sub Grade A1480 Owner Install Colverts/Weir Wall 2 2 15 -Nov -17 16 -Nov -17 a OWner Install Calverts/ill(eir Wall [ A1120 Owner Excavate Water Quality Feature 1 1. 17 -Nov -17 17 -Nov -17 i Owner Excavate Water Quality Feature s' ,1' Site Utilities 39 39 ` 20 -Nov -17 17 -Jan -18 • , ,]"::�: 9 17 -Jan -18, Site Utilitie A1150 Owner Install Domestic Water Well 3 3 20 -Nov -17 22 -Nov -17 Owner Install Domestic Water Well A1130 ! Install Leach Field 10 10 18 -Dec -17 02 -Jan -18 _: _'j Install Leach Field .+__ - _______ _-_- .... _� .. _..__. -• --_-•------• - w A1140 l install Sanity -_- _____.. ----- _.--__......_ •••• ------ .. Line 3 3' 03 -Jan -18 05 -Jan -18 . p Line Install Sanitary { A11G0 I Install Gas Line 3! 3108 -Jan -18 10 -Jan -18 I g Install Gas Line A1170 Install Generator r r; Electrical to LP, Diesel tank, 5 5' 11 -Jan -18 17 -Jan -18 p Install Electrical to LP, Structure 53 53 18 -Dec -17 02 -Mar -18 -- 02 -Mar O Oracle Corporation Actual Work r -r- Critical Re... Page 1 of 2 Fr -J. -tan -i Remaining Work 4 • Milestone age EXHIBIT 1 Nunn Grader Shed 06 -Nov -17 16:1' /�;� -J`� r..: B.-t?i{{�V)LI 4 <,�irpy.A dy ^f A 7 Activity ID - ti i Name a C e {r.�y1 O l�. i 4a r y�j..y.�.}s.w: .in f*J:�F it w_Jy_ ',�� +''� .'.i R Jq� .,' 0 q , y .., 1 T N... 1 1 E . _ _ _ - 1 Oivj pr jy i ar%3 I�i j ff �� _ { � �� .:._ici.� - 4 :� � .rr...r a r. 8• �., - r •'1 �,. (2 �: l 1. 1 . [" � r'i. - � �C. (1j212' 0 , :1 . .� 1 1 1 `7_ AS 4 :1a �: R '.'"'''_n`T, _ •� , 1 t 1 2T0 „_.,_,.....o 1 1: 1 —:v,-- _. ::: _ A1180 Excavate Footing 3 3 18 -Dec -17 20 -Dec -17 ri xcava e oo ing A1190 Form, Reinforce, Pour 15 15,21 -Dec -17 12 -Jan -18 aytteram Form, Reinforce, Pour A1200 Waterproof and Backfill 3 3i 15 -Jan -18 17 -Jan -18 Waterproof and Backf€ A1210 MEP Underground 7 7 18 -Jan -18 26 -Jan -18 nriv MEP Underground A1220 Prep Pour Slab on Grade (Cure Time) 10 10129 -Jan -18 09 -Feb -18 Prep; Pour Sla A1240 Erect Steel Frame Building 15 15: 12 -Feb -18 02 -Mar -18 sp Erect F. A1250 Insulate Steel Frame Building 3 3 19 -Feb -18 21 -Feb -18 Insulate S Interior 28 28 22 -Feb -18 02 -Apr -18 A1230 Frame Walls 5 5 22 -Feb -18 28 -Feb -18 iz Frame ._ A1260 MEP Rough In 5 5 01 -Mar -18 07 -Mar -18 MEP 1 A1270 - Install Garage Doors 5 5.06 -Mar -18 12 -Mar -18 - -- -- Inst • A1280 Drywall Tape and Finish 6 6= 13 -Mar -18 20 -Mar -18 : C A1290 Paint 4 4.21 -Mar -18 26 -Mar -18 VII A1300 Install A1310 ' Seal MEP Fixtures Concrete Floors 2 3 2 27 -Mar -18 3.29 -Mar -18 28 -Mar -18 .02 -Apr -18 . Exterior 16 16 26 -Feb -18 19 -Mar -18 J • _. ; I 1 A1320 Owner Site Grading 1 1 26 -Feb -18 26 -Feb -18 i Owner S A1330 Install Bollards 3 3 27 -Feb -18 01 -Mar -18 - 0 Install E A1340 Site Concrete 4 4 02 -Mar -18 07 -Mar -18 Iii Site ( A1350 Owner Install Fuel Equipment 2 2: 08 -Mar -18 09 -Mar -18 • 0 Own A1360 Install Wire Fence 3 3 12 -Mar -18 14 -Mar -18 • ta ins A1370 i Owner Install 6" RAP PAD 3 3 15 -Mar -18 19 -Mar -18 C '•, Y Y ..e•µ^, _ ... _ .....w .... ...... _.... _ ... --, .. .. _ .. A1380 A1390 A1400 A1410 A1420 A1430 ` Haselden Testing Owner Punch AHJ CO and Architect Corrections Final Pre Inspections Punch Inspections Punch _ 1 5 1: 5.. 1: 1 1,03 5 1! 5 11 1! 04 11 12 18 19 -Apr -18 -Apr -18 -Apr -18 -Apr -18 -Apr -18 -Apr -18 . ...... _ ,03 10 11 18 18 19 -Apr -18 -Apr -18 -Apr -18 -Apr -18 -Apr -18 -Apr -18 ; Page 2 of 2 © Oracle Corporation =� �_..�.� Actual Work Vfilvto Critical Re... r,.:,,,,,,-,-- ; Remaining Work • • Milestone ageo 100% Construction Documents 1 93 . •:. Y,:: • ',wt..± 3 • a a ..;• y ''.� • + ..mot Exhibit B New Build E H D B I T 1 CONTRACT D 0 CUMEN' Cllr October 9, 2017 Our Estimate is based on documents as prepared by GSG Architects' and their Consulting Engineers, as follows: 100% CD Sheet ## Description A1.1 A1.2 A1.3 General Information Specifications Architectural Site Plan 9/29/2017 9/29/2017 9/29/2017 • .• 'I •,. I. •. • U!'7f.A Coal CE1.0 CE1.1 CEl,2 C1.0 CD1.0 C2.0 CD2.0 CD2.1 C3.0 CD3.0 Legend, Notes, & Abbreviations Erosion Control Plan SWMP & Erosion Control Detail Erosion Control Detail Grading & Drainage Plan Gracing & Drainage ;Details Overall Utility Plan ,utility Details Septic Design Details Horizontal Control Plan Private Site Details 9/29/2017 9/29/2017 9/29/2017 9/29/2017 9/29/2017 9/29/2017 9/29/2017 9/29/2017 9/29/2017 9/29/2017 9/29/2017 St S1.2 S2.1 52.2 F poundaUon Plan Foundation Plan General Notes and Sections General Notes and Sections 9/29/2017 9/29/2017 9/29/2017 9/29/2017 A3.1 A3.2 A3..3 A3.4 A4.1 A5.1 AS.2 A6.1 A7.1 A7.2 A10.1 Grader Shed Floor Plan Grader Shed Roof Plan Sand Shed Floor/Roof Plan Reflected Ceiling Plans Miscellaneous Details Grader Shed Elevations Sand Shed - Elevations Building Sections Wall Sections Wall Sections Schedules and Details 9/29/2017 9/29/2017 9/29/2017 9/29/2017 9/29/2017 9/29/2017 9/29/2017 9/29/2017 9/29/2017 9/29/2017 9/29/2017 ell ctk`l3 MO.1 M1.1 Exhibit B Index, Legend, Qual. Notes & Criteria, Schedules Grader Shed HVAC Floor Plan PO.1 Index, Legend, Qual. Notes & Criteria, Schedules P1.1 Grader Shed Plumbing Floor Plan EXHIBIT 1 100% CD 9/29/2017 9/29/2017 9/29/2017 9/29/2017 ELECTRICAL E0.0 Electrical General Information E0.1 Electrical Specification E0.2 Electrical Specification (Continued) P ane e11 dbf213 9/29/2017 9/29/2017 9/29/2017 a FED PROPOSAL GA HASELDEN CONSTRLJ TION: SCHEDULE Or COMUNSATION FOR PROFESSIONAL.. SERVICES Weld County Nunn Grader Shed Wage Rates 2017 - 2019 HASELDEN A CONSTRUCTION **Note assumptions below Administrative Assistant Area Superintendent Assistant Project Manager Assistant Superintendent Carpenter Carpenter Apprentice Carpenter Foreman Chief Estimator Civil Superintendent Concrete Assistant Project Manager Concrete Carpenter Concrete Carpenter Apprentice Concrete Carpenter Foreman Concrete Finisher Concrete Finisher Foreman Concrete General Foreman Concrete Operations Manager Concrete Rebar Installer - Concrete Rebar Installer Lead IConcrete Senior Area Superintendent Concrete Services Manager Concrete Superintendent Concrete Superintendent - Rebar Construction / Project Executive Contract Administrator Director Virtual Construction Design Build Project Manager Environmental Safety Engineer Environmental Safety Manager Erosion Control PE Estimator Field Engineer Field Safety Engineer Fleet and Yard Assistant Manager Fleet and Yard Manager General Foreman General Superintendent Intern IT Manager (IT Support) Laborers Labor Foreman Layout - Survey Manager Layout - Helper Layout - Surveyor (No Equipment) M & E Coordinator Office Engineer Operations Manager Operations Tech Specialist $ 46.00 86,00 73.00 69.00 47.00 37.00 52.00 $ 104.00 $ 92.00 66.00 49.00 38.00 59.00 40.00 46.00 87.00 114.00 44.00 48.00 99.00 121.00 80.00 95.00 $ 121.00 $ 49.00 $ 110.00 $ 90.00 $ 63.00 83.00 56.00 58.00 51.00 83.00 58.00 86.00 58.00 114.00 34.00 96.00 32.00 40.00 74.00 EXHIBIT 1 49.00 92.00 78.00 74.00 50.00 40.00 56.00 111.00 98.00 70.00 52.00 41.00 63.00 43.00 49.00 $ 93.00 $ 121.00 47.00 51.00 105.00 129.00 85.00 101.00 129.00 52.00 117.00 96.00 67.00 88.00 60.00 62.00 55.00 88.00 62.00 92.00 62.00 53.00 95.00 121.00 43.00 139.00 77.00 121.00 37.00 1102.00 34.00 $ 43.00 79.00 57.00 101.00 129.00 46.00 148.00 82.00 137.00 52.00 98.00 83.00 79.00 53.00 43.00 60.00 118.00 104.00 75.00 56.00 44.00 67.00 46.00 $ 52.00 $ 99.00 129.00 50.00 55.00 $ 112.00 137.00 91.00 108.00 137.00 56.00 125.00 102.00 72.00 94.00 66.00 98.00 66.00 $ 129.00 40.00 109.00 37.00 46.00 84.00 61.00 108.00 49.00 157.00 87.00 I HASELDEN ir A COISTSUCTIN+ csoarchitecture Page 12 of‘ni'6d County Nunn Grader Shed - Design/Build 37 EXHIBIT 1 gricGFE SAL FOR CONSTRUCTION r i p. rt St; ti�.jNAi.. SER ; Gt..:. Weld County Nunn Grader Shed Wage Rates 2017 2019 **Note assumptions �'sptions below 0 ' n, � 1 Lt. --a YPlvSsrtair!..l-1yRa� aK:...+c1)...v. L 1_.. 11Jl-fLLG`"Ilfi.- '..d..tt ` 11 r 0 �� t i L "' L S 1l , Y �.. F £ i` 4 U_ w Y ₹�� ..-- wit ct c i (X _ �(j�{j.�i! 1�'Y! f, 5 LD aY.w ;-'a� 1- 4. "r 4. Operators - Forklift 4 I $ 47.00 I $ 50.00 i $ 53.00 Operators : General 1 $ 47.00 $ 50.00 1 $ 53.00 Operators ® Man and Material Hoist $ 47.00 $ 50.00 $ 53.00 Operators - Mobile Crane $ 86.00 1 $ 92.00 1$ 98.00 Operators Tower Crane } $ 86.00 $ 92.00 I $ 98.00 Operators a Van Driver $ 37.00 $ 40.00 1 $ 43.00 j Preconstruction Manacer $ 112.00 $ 119.00 1 $ 127.00 Project Accountant ! $ 59.00 $ 63.00 $ 67.00 Project Coordindator F $ 63.00 $ 67.00 h $ 72.00 [Project Engineer , $ 65.00 $ 69.00 i $ 74.00 1 Project Estimator } $ 73,00 I $ 78.00 $ 83.00 1 Project Manager ; 104.00 ( $ 111.00 $ 118.00 Quail Assurance Manager Qualit' Control En • ineer Scheduler Senior Estimator Senior Preconstruction Manager Senior Protect Executive 64.00 64.00 1 68.00 68.00 94.00 $ $ 88.00 $ 100.00 94.00 Senior Protect Mana.er $ 120.001$ $ 192.00 $ 128.00 138.00 1 $ 147.00 120.00 $ 128.00: Senior Protect Manager Civil � $ Senior Protect En••:ineer Senior Superintendent Superintendent 68.00 l'$ 73.00 121.00 $ 96.00 129.00 102.00 73.00 1 73.00 ' 1-08.00 100.00 -136.00 217.00 156.00 136.00 78.00 137.00 109.00 [Survey Crew (2 Man) $ 149.00 $ 158.00 ;l $ 168.00 Sr. Virtual Construction Specialist Virtual Construction Specialist $' Welder Full y Equiped} $ 76.00 , $ 81.00 ; $ 74.00 134.00 l $ 86.00 79.00 143.00 $ 152.00 Yardman / Truckman ' $ 45.00 $ 48.00 - $ 51.00 Misc. Metals Protect Mana, er $ 94.00 $ 100.00 i $ 106.00 Misc. Metals Fabrication Supervisor Misc. Metals Superintendent Misc. Metals Shop Fabricator Misc. Metals Capenter Misc. Metals Laborer $ 62.001$ $ 75.00 66.00 80.00 42.00 $ 45.00 $ 47.00 $ 35.00 1 $ Misc, Metals Lead Welder $ 46.00 Misc. Metals Welder Forernan ***AS UMPTIONS** I-- - 59.00 50.00 38,00 $ 49.00'! 63.00 F 70.00 85.00 48.00 $ 53.00 $ 41.00 $ 52.00 J 67.00 1) The Rates are projected to increase at 6M0% per year 2) Hourly rates include burden cost at the Jan 2016 Burden Rates 3) Overtime will be calculated at 13 times the above rates 4) The above rates assume no ROW program 5) The above rates exclude subsistence, per diems, housing, travel, veh. allowances, gas, etc. 6) The rates listed above shall be fixed for the duration of the project and are not subject to change by either party. 38 Weld County Nunn Grader Shed a Design/Build Page 13 of 13 F } Fie:HASELDEN CeF+STF.U'C?1]N Gscarchitecture AIA Document Al - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the 27th day of June in the year 2017 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) Weld County Department of Buildings and Grounds 1105 H Street P.O. Box 758 Greeley, CO 80632 and the Design Builder and Contractor. (Name, legal status, address and other information) Haselden Construction, LLC 330 S. College Ave. Suite 300 Ft Collins, CO 80524 for the following Project: (Name, location and detailed description) Nunn Grader Shed 17605 Weld County Road 96 Nunn, CO 80648 The Architect: (Name, legal status, address and other information) GSG Architecture 3535 W. 12'h Street Suite D Greeley, CO 80634 The Owner and Contractor agree as follows. Cex+ Ol.3,er, a gt ag/ t7 Init. 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 end Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AlA Document A2017,1-2007, 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. cc: e3G C T -r / SG) Lts,04.0/a/geyer) 3.c, (04CA AlA Document A101"' —2007. Copyright O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorlzed reproduction or distribution of this AIM Document, or any portion of it, may result In severe clvii and criminal penalties, and still be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:30:56 on 08/23/2017 under Order No.0517421750 which expires on 04/25/2018, and Is not for resale. User Notes: (863332162) 1 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM S PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS This Agreement is hereby modified such that the Contractor is the Design Builder for the Project. Any reference to the Contractor shall be deemed to be a reference to the Design Builder. Design Builder shall perform all design A Change Order is intended for the construction phase with an agreed Guaranteed Maximum Price for construction services which will provide all material, equipment, tools and labor, necessary to complete the Work described in and reasonably inferable from the Contract Documents. The Design Builder shall contract with the Architect to provide design services for the Work, 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. If any conflict arises between the terms and conditions of Exhibit A, Exhibit B and Exhibit C of this Agreement and the A201 General Conditions of the Contract, then the terms and conditions of the A201 General Conditions of the Contract shall govern. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT § 2.1 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. The Contractor may self -perform portions of the Work. Such work shall be performed by the Contractor on the basis of a stipulated fixed sum. § 2.2 Work Product. All drawings, specifications and other documents and electronic data, including such documents identified in the General Conditions of Contract, furnished by Design Builder to Owner under this Agreement ("Work Product") are deemed to be instruments of service and Design Builder shall retain the ownership and property interests therein, including but not limited to any intellectual property rights, copyrights and/or patents. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date (Paragraphs deleted) (i) the Owner issues a written notice to proceed, (ii) written confirmation is received by the Contractor that the Owner's funding sources are in place for the Project, and (iii) the required building permits have been received by the Contractor (the "Construction Notice").. If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: Init, AtA Document M01", —2007. Copyright1915. 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute alArchFlecls. All rights reserved. WARNING:TnisADV. DocrrrocnlIsprarecredbyu5.CopyrightLnwandInlnrnntionalTreaties_llnaulhm[acd reproduction nr distribution of this AIA' oacurnvnt, or ny portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extant possible under the law. This document was produced by AIA software al 15:30:56 on 09/23/2017 under Order No,0517421750 which expires on 04/2512018, and Is not for resale. User Notes: (863332162) TBD § 3.2 The Contract Time shall be measured from the date of Construction Notice. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work (Paragraphs deleted) as set forth in the Amendment to this Contract establishing the Guaranteed Maximum Price, (Table deleted) subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) § 3.4 Liquidated Damages. Because time is of the essence in the completion of the Project, Contractor agrees to pay for each day of delay in failing to achieve the Date of Substantial Completion, subject to adjustments of this Contract Time as provided in the Contract Documents, $1,000 per day as liquidated damages and not as a penalty, and Owner shall be entitled to deduct such liquidated damages from payments due to Contractor. Given that damages resulting from delayed completion are not susceptible to precise calculation, such liquidated damages are agreed to be a reasonable attempt to estimate and liquidate same. The liquidated damages provided for in this Subparagraph 3.4 shall be in lieu of Owner's right to claim costs, losses, expenses, penalties, loss of use, income, profit, financing, business and reputation and any other damages of whatsoever nature, including consequential damages, incurred by Owner resulting from the time delay in achieving Substantial Completion within the lime periods set forth above. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum for design services shall be the percentages as set forth in the Exhibit B to this Contract based on establishing the Guaranteed Maximum Price at the anticipated value of $557,000.00, nd subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (Paragraphs deleted) as set forth in the Amendment to this Contract establishing the Guaranteed Maximum Price. § 4.3 Unit prices, if any: (Paragraphs deleted) as set forth in the Amendment to this Contract establishing the Guaranteed Maximum Price. (Table deleted) § 4.4 Allowances included in the Contract Sum, if any: (Paragraphs deleted) as set forth in the Amendment to this Contract establishing the Guaranteed Maximum Price. (Table deleted) ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 1st day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 30th day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment Init. ALA Document A101," —2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1967, 1991,1997 and 2007 by The American Insiluto of Architects. Ali righls reserved. WARNING: Tills AIA° t cunlent lx prel'cIRU lay U.S. Copyri9l;t Lane And InSernalkQnrlTrua!ics.11naulharited reproduction or distribution of this AIA' Document, or any portion of it, may mmllt In severe civil air,l erlmlnal pen1ltlas, and will be praserutod to Ihia maximum extent possible under the law. This document was produced by AIA software at 15:30:56 on 0812312017 under Order No.0517421750 which expires on 04/25/2018, and is not for resale. User Notes: (883332162) shall be made by the Owner not later than thirty (30) days afler the Architect receives the Application for Payment, (Federal, state or local laws may require payment within a certain period of thee.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent (5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201T"' 2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent (5%); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A2012007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 ofA1,4 Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10,3 of AIA Document A201-2007. § 5.1.6 Reduction or limitation of retainage, if any, shall be as follows: No retainage shall be withheld from amounts billed by the Architect for design services. (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elseivlrere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5,2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; and AIA Document A101,* — 2007. Copyright ® 1915, 1918, 1925, 1837, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1897 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIAe 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 document was produced by AIA software el 15:30:56 on 08/23/2017 under Order No.0517421750 which expires on 04/25/2018, and Is not for resale. User Notes: (863332162) .2 a final Certificate for Payment has been issued by the Architect, § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for (Paragraphs deleted) Payment. ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect) § 62 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201-2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution nrethod other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction) [ [ X ] Litigation in a court of competent jurisdiction (Paragraphs deleted) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) The monthly rate of 1%, § 8.3 The Owner's representative: (Name, address and other information) Toby Taylor, Director Weld County Department of Buildings and Grounds 1105 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970) 356-4000 Ext 2023 Init. AIA Document A101'' —2007. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American InslituFe oiAtchitacts, All rights reserved, WARNING: Tills Aire, r}oeuair.ut rs prolccted by U.S. Cupyrlyht Lai,' and InlcrnaNunal Trcalles. Unudhurkced reproduction or distribution of this AIA Document, or any portion of II, may result in sovera e{vll and criminal pcnaiiirs, and will isu praaaculod In the maximum extent possible under the law. This document was produced by AIA software at 15:30:56 on 08/23/2017 under Order No.0517421750 which expires on 0412512018, and Is riot for resale. User Notes: (063332162) E-MaiI: ttaylor@weldgov.com § 8.4 The Contractor's representative: (Name, address and other information) Colby Stodden, Sr. Project Manager Haselden Construction, LLC 330 S. College Ave Suite 300 Ft Collins, CO 80524 Phone: (970) 232-2096 E -Mail: colbystodden@haselden.com § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8,6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document AI0I-2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201-2007, General Conditions of the Contract for Construction, § 9.1.3 The Supplementary and other Conditions of the (Paragraphs deleted) Contract as set forth in the Amendment to this Contract establishing the Guaranteed Maximum Price, § 9.1.4 The (Paragraphs deleted) Specifications as set forth in the Amendment to this Contract establishing the Guaranteed Maximum Price. § 9.1.5 The (Paragraphs deleted) Drawings as set forth in the Amendment to this Contract establishing the Guaranteed Maximum Price. § 9.1.6 The (Paragraphs deleted) Addenda as set forth in the Amendment to this Contract establishing the Guaranteed Maximum Price. Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 Not Used. ,2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. .41A Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid, btstructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Init. AIA Document A101Th - 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This ALA* Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA, Document, or any portion calk, may result in severe civil and criminal penalties, end will be prosecuted to the maximum extant possible under the law. This document was produced by AIA software et 15:30:56 on 05/23/2017 under Order No.0517421750 which expires on 04125/2018, and is not for resale. User Notes: (863332162) 1. Exhibit A — Weld County Request For Proposal, 2. Exhibit B — Haselden RFP Response, and 3. Exhibit C — Weld County Other Conditions. ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201-2007.) Type of insurance or bond as set forth in the Amendment to this Contract establishing the Guaranteed Maximum Price Limit of liability or bond amount ($0.00) This Agreement entered into as of the day and year first written above. ER (Signature) Julie A. Cozad Board of WP1k Chair (Printed name and title) AUG 2 8 Z0y1CONTRACTOR(Signature) Count— y Comm; RR nners David A. Lueders Executive Vice President (Printed name and title) 010/7—/6'/411" AIA Document A101", —2007. Copyright O1915, 1918. 1925, 1937, 1951, 1958.1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorised 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 I maximum extent possible under the law. This document was produced by AIA software at 15:30:56 on 08/23/2017 under Order No.0517421750 which expires on 04/25/2018, and is not for resale. User Notes: (863332162) 7 AGREEMENT FOR NUNN GRADER SHED PROJECT - HASELDEN CONSTRUCTION, LLC ATTEST. dA4rAN)•&k. BOARD OF COUNTY COMMISSIONERS Weld ' t, Clerk to the Board BY: Deputy CI APP 0 ED AS FDING: Controller APPROVE County Attorney WELD COUNTY, COLORADO ©&Ztak Julie A. Cozad, Chair �AUG 2 8 2017 APPROVED AS TO SUBSTANCE: d Official or Department Head Form W-9 (Rev. December2014) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. HASELDEN CONSTRUCTION LLC 2 Business name/disregarded entity name, if different from above 3 Check appropriate ❑ Individual/sole single -member box for federal tax classification; check only one of the following seven boxes: 4 Exemptions certain instructions Exempt payee E from FATCA reporting • Other (see instructions) maintainedoutide the U.S.) 5 Address (number, street, and apt. or suite no.) 6950 S POTOMAC ST Requester's name and address (optional) 6 City, state, and ZIP code CENTENNIAL CO 80112 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. Social security number or Employer identification number 3 0 0 9 5 6 5 1 4 Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of U.S. person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) Date D. • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W'9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat. No. 10231X Form W-9 (Rev. 12-2014) Additions and Deletions Report for AIA° Document A l Ol -- 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is Indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AlA document. This Additions and Deletions Report and its associated document were generated simultaneously by AlA software at 15:30:56 on 0812312017. PAGE 1 AGREEMENT made as of the 27th day of' June in the year 2017 Weld County Department of 13uildina,s and Grounds 1105 H Street P,O. Box 758 Greeley, CO 80633 and the Desi n Builder and Contractor: Hase]den Construction LLC 330 S. College Ave. Suite 300 Ft Collins, CO 80524 Nunn Grader Shed 17605 Wcld Cuuuty Road 96 Nunn, CO 80648 GSG Architecture 3535 W. 12'h Street Suite D Greeley. CO 80634 PAGE 2 This Agreement is hereby modified such that the Contractor is the Design Builder for the Project. Any reference to the Contractor shall be deemed to be a reference to the Design Builder, Desien Builder shall perform all design A Change Order is intended for the construction phase with at; agreed Guaranteed Maximum Price for constriction services which will provide all material, equipment, tools and labor. necessary to complete the Work described in and reasonably inferable from the Contract Documents. The Design Builder shall contract with the Architect to provide design services for the Work. 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 Additions and Deletions Report for AIA Document A101 ^' — 2007. Copyright ID 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of ArchilneIc. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and international Treaties- lfuairl'rarixt cl reproduction or dl drlbutlon of this AIA" Document, or any poilun of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:30:56 on 08123/2017 under Order No.0517421750 which expires on 0O25/2018, and is not for resale. User Notes: 1863332162) Agreement or repeated herein. If any conflict arises between the terms and conditions of Exhibit A, Exhibit El and Exhibit C of this Agreement and the A201 General Conditions of the Contract. then the terms and conditions of the A20] General Conditions of the Contract shall i overn, The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. The Contractor shall .illy execute -the Work described in the €ontrac4-D uoaerlts, exe-epl ar :,pecifrcally indicated- t•he Crxt4rRet l ttrtt trts to -be the responsibility of others. 2.1 The Contractor shall fatly execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the r4st)onsibility of others. The Contractor may self -perform portions of the Work. Such work shall he performed by the Contractor on the basis of a stipulated fixed sum. 21 Work Product. Ail specifications and other documents and electronic data, including such documents identified in the General Conditions of Contract, furnished by Design Builder to Owner under this Agreement ("Work Product") are deemed to be instruments of service and Design Builder shall retain the ownership andpraperty interests therein, including but not limited to any intellectual property rights, copyrights and/or patents. § 3.1 The date of commencement of the Work shall be the date o€ -this Agreement unicss ,a different date is stated below or provision is tnudc for the -elate to be Hired itt a notice to proceed issued by the Owner. (lose'ri the dare etfeo, rrrrcr e'etom+7+f it difk nrrrfkt'-Sane of this .4 rrrcrrt or, ff. rgrplieetate Elm -the -elate Li-poeeef } (i) the Owner issues a written notice to proceed, (ii) written confirmation is received by the Contractor that the Owner's funding sources ore in place for the Project, and (iii) the required building permits have been received by the Contractor (the "Construction Notice"].. PAGE 3 TBD § 3.2 The Contract Time shall be measured from the date of::^'i••i-le ement Construction Notice. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work net -later than ( ) days -c -.14 -the -date of cornrncneement, or as follows: (Insert rrrerl4er d/ eakwdrr• day's..11ter'rrdlii'c'ly, a calundth' date may be used -Acs COQ, thiratal with the elute of coke ureucemenf. If appropriate, ipso? rcrl:rirrrucrits. far ryrr'lier• Aim:fu ntial Completion afcer•tain portions of the, as set forth in the Amendment to this Contract establishing the Guaranteed Maximum Price Portion of -Work Sbbstantlai Completion -Date ;subject to adjustments of this Contract Time as provided in the Contract Documents. § 3.4 Liquidated Damages. Because time is of the essence in the completion of the Project. Contractor agrees to pay for each data in failing to achieve the Date of Substantial Completion. subject to adjustments of this Contract Time as provided in the Contract Documents, $1.000 per day as liquidated damages arid not as a penalty. and Owner shall be entitled to deduct such liquidated daniagesfrotn_paynlents due to Contractor. Given that damages resultin from delayed completion are not susceptible to precise calculation, such liquidated damages are agreed to be a reasonable attempt to estimate and lictuidate same. The liquidated damages provided for in this Additions and Deletions Report for AIA Document A101 TM —2007. Copyright 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 byTile American Insrlute of Arohitecls. All rights reserved. WARNNG: This AIA` 0- cument rs protected by V.S. Copyright Law and lr,turnatlonal Treaties. Un❑utharie.mirepro.ductlon or di,tributiot, of this AIR' Dc'.ui„ent, or any IAA' ulon of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIR software W.15:30:56 on 09123/2017 under Order No.0517421750 which expires on 04!2512018, and is not for resale, User Notes: (863352152) Subparagraph 3.4 shall be in lieu of Owner's right to claim costs. losses, expenses, pcnaltics_ loss of use. income, profit, financing. business and reuutation and any other damages of whatsoever nature, iueluding conseauenlial damages, incurred by Owner resulting front the time delay m aehievinu Substantial Completion within the lime periods set forth above. § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum chall be (5 ), for design services shall be the percentages as set forth in the Exhibit B to this Contract based on establishing the Guaranteed Maximum Price at the anticipated value of 5557,000.44. act subject to additions and deductions as provided in the Contract Documents. § 4,2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (Stria. N:unlit .0 or other irJcvtl eciFirxi of oceepicd akcrnores. 11 ilk bidding or proposal dacii twiris per roil the 41i+5,HfNM••R:p f other sllcrnores sirhsegtuc'nt to the execution of this Agreement, at-tra la a st Chirac Uf.rnaaa &thew rillct'Nofc's shyarirrg the f•ih`9arirr•f i- caveat raid the dote Ithen that ei„ E1,1,•l ,e5-.4 as set forth in the Amendment to this Contract establishing the Guam:heed Maximum Price. § 4.3 Unit prices, if any: y rr fy and 9lfite the i!:rif price; state rlir[riNitt' dlruit,Ntic.,i.s, ?ferny, to 3rlrielr ii -O/ be Rpphc"cibk.) as set forth in the Amendment to this Contract establishing the Guaranteed Maximum Price. Item Unite -and -Limitations Price For Unit (SUM § 4.4 Allowances included in the Contract Sum, if any: (ldenllli, nllouatrce and stare exchrsions, r[arty, .from the pricevL as set forth in the Amendment to this Contract establishing the Guaranteed Maximum Price, Item Price § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: month. § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 1st day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 30th day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than thirty (30) days after the Architect receives the Application for Payment. PAGE 4 .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, Jess retainage of percent ( ",t4. rite percent (5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201TM-2007, General Conditions of the Contract for Construction; Additions and Deletions Report for AIA Document Ain"' —2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977,1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WA NING: This ALa' ❑uculru:nt is protected by U.S. Ccpyriclht Law and International Treaties. thiaulhurized reproduction or distrlbulion of this AIA' Document, or any pnrliu i of it may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document we5 produced by AIA software at 15:30:56 on 08/23(2017 under Order No.0517421750 which expires en 04/25/2018, and Is not for resale. User Notes; (863332162) .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of percent t %] tive percent (5%1: § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: No retainage shall he withheld from amounts billed by the Architect for design services. PAGE 5 § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Faymetu, or us follows. Payment. I j Afbit-no-ion-pwst+sti+ to Section 15.1 of AIA Lkivangerit A201 '?007 [ Litigation in a court of competent jurisdiction I Other (Sp.:of)) y 4 ---The monthly rate of 1%. Toby Taylor, Director Weld County Deparinteat of Buildings and Grounds 1105 H Street P.O. Box 758 Greeley, CO 80632 Phone__(970) 356-4000 Ext 2023 E -Mail: Itaylor r7weldgov.com PAGE 6 Colby Stridden_ Sr. Project Manager l-laselden Construction, LLC 330 S. Cohere Ave Suite 300 FI Cains, CO 80524 Phone: (9'10232-2096 E -Mail: colbystodden r(7r haselden,cotn § 9.1.3 The Supplementary and other Conditions of the Contract: Additions and Deletions Report for AIA Document A101"' -2007. Copyright O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Archilecls. All rights reserved. %%WINING: This AIA'. Document i5 protected by U.S. Copyright Law and tnternatlonal Treaties. Un:,vll,nrIzrtd reproduction or di,Eributlon of this AIAt5❑cnrnent, or any purti+..n of it, mm., result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:30:56 on 05/2312017 under Order No.0517421750 which expires on 04/2512018, and is not for resale. User Notes: (863332162) Document Title Bate Pages Contract as set forth in the Amendment to this Contract establishing the Guaranteed Maximum Price § 9.1.4 The Specifications; iihr r list the 51re.tri realiti7rrc /rcvx•411 #'c/•r w an e•.rhibit atiackort to thr. gromrcrrt.} Section Title Date Pages Specifications as set forth in the Amendment to this Contract establishingthe Guaranteed Maximum Price. § 9.1.5 The Drawing': (Either fist rirc p2�i r r J,y� rr Rrrr'vrFricrt �i �rcd Ea this ligrcC rierif Number Title Date Drawings as set fortis in the Amendment to this Contract establishing the Guaranteed Maximum Price, § 9.1.6 The Addenda, if any: Number Bate Pages Addenda as set forth in the Amendment to this Contract establishing the Guaranteed Maximum Price PAGE 7 .1 ALA Document E201:P4 2007, Digital Data Protocol Exhibit, if dieted by the parties, or rho following: Not Used. 1. Exhibit A — Weld County Request For Prvnosal, 2. Exhibit B - 1-Iasetden REP Response, and 3_ Exhibit C -- Weld County Other Conditions, as set forth in the Amendment to this Contract establishing. the Guaranteed Maximum Price David A. Lueders Executive Vice President Additions and Deletions Report for AIA Document A10111, -2007, Copyright 421915, 1918, 1925, 1937, 1951, 1958, 1961, 1953, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects, All rights reserved, WARNING: This AIM' 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 document was produced by AIA software at 15:30:56 an 0 8/2 312 01 7 under Order No,0517421750 which expires on 04/25/2018, end is not for resale. User Notes: (863332162) Certification of Document's Authenticity AlA® Document D40OM - 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at I5:30:56 on 08/23/2017 under Order No. 0517421750 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A101174 - 2007, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 TM - 2003. Copyright O 1992 and 2003 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 wig be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:30:56 on 08/23/2017 under Order No.0517421750 which expires on 04/25/2018. and is not for resale. User Notes: (863332162) Additions and Deletions Report for AMA® Document A201 - 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:37:14 on 08/2312017. PAGE 1 for the following PROJECT: Satnnle (Vaame ego- ;:fatrrs (Name rme and address) (Name. lcb�arl sfaftts-frVame and address) PAGE 2 ('repFc� and uwibvis in bald ar. sec:tast 4iead n Kainbers and Topics in Gold are Section Headings) 3,16, 3.1G, 6.2.1, 12.1 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, 13,4.2,4.7-l3.7.1,_14.1, 15.2 1.1.1, 3-44-3.11.1 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 040.7.1,9.10, 11.1.3 Additions and Deletions Report for AIA Document A201114 —2007. Copyright Er 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1997, 1997 and 2007 by The American lnsiil ate of ArchLecis. All rights reserved, WI NIN0: This Al.h'IDoA+Eiuint fs 0.raiecled by U.S, Copyriyht Law and International I Loatle•._ Lin.nnlori!„ d reproduction or drsrrlbutlon of this AIA' Document, or any nortloe' ar ii, may rosuit in severe civil 1ntt criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:14 on 08123/2017 under Order No. 0517421750 which expires on 04/25/2018, and is not for resale. User Notes; (3B0ADA18) 8.3.1, 11.3.10, -1-313.1.1 15.3.2, 15.4 2A.1,3.12.7,4.1,4.2,5.2,6.3,7.k2- .3.7,7.'1,9.2,6.3.I.7.1.2, 7.3.7,7.4,9.2.1.9.3.1,9.4,9.5,9.6.3,9.8, 9.10.1, 9.10.3, 12.1, 12,2.1, 13.5.1, 13.5.2, 14,2.2, 14.2.4, 15,1.3, 15,2.1 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_A.I.9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 2,42A.,1 11,3.1.1, 12,2.1, 13.5.2, 13.5.3, 14.2.4 3,1.3, X1.2, 4.2. 3,7.4, 15,2, 9.4.1, 9.5 21,3f.3,14' -24l.3 l_3, 3.5.1, 3.10.2, 4.2.7 1--5, 3.5.2 4.2.6, 12.1.2, 12.2.1 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6-3T6 3-1 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9-,M.2, l . 9.4.1, 9.5, 9.8.4, 9.9.1, 13.5.2, 15.2, 15.3 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3-x3.5.1. 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.I,2, 4.1.3, 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, 11.3.7, 12, 13.4.2, 13.5, 15,2 9.7, 11.3.9, 11.3.10, 13.1. 9.7.1. I1.3.9.11.3.10.I3.I.i.15.2.5,15.2.6.1,15.3.1,15.3.2,15.4.1 PAGE 3 4.2.1, 4,2,5, 4.2.9, 9,3.3, 9.4, 9.5, 9.6.1, 9.6.6, X9.7. I 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3 1.1.1,274,3.1.2,3.7.4,3.8.2.33-1-1,-2.4.1,3,4,2,3,7.4,3,8.2.3.321.1,3.12.8,4.2.8,5.2.3,7.1.2,7.1.3,7.2,7.3.2, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.I.2, 1 1,3.4, 11.3.9, 12.1.2, 15,1,3 2.2.1,3.11,4.2.8,7,7.2.1,7.3.1,7.4,7.4.1,8.3.1,9.3.1.1, 11.3.9 Additions and Deletions Report for AIA Document A201 n' —2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961. 1963, 1966,1970, 1976, 1967, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document Is protected by U.5. 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 document was produced by AIA software at 15:37:14 on 08123/2017 under Order No. 0517421750 which expires on 04125/2018, and is not for resale. User Notes: (3B9ADA18) 3.2.4, 6.1.1, 6.3, 6,3,1. 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 3.2.4, 3.7.1, 6:-1-3.7.46.1.I, 8.3.2, 10.3.2, 15.1.5 5; 3.15, 6.3 -1-6-1.6.1, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 5475.4 14.2.2.2 Contract 17ocumenis. Tii 1.1.1 3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 97-779 9.7.1,10.3.2,12.1.1, 14.3.2, 15.1.5.1, 15.2.5 PAGE 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, 11.1.1, 11.3.7, 14.1, P1.2.1.114.2.1.1, 1.1.2,1.5,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1,3.4.2,315 -,3.5.1,3.7.4,3.10,3.11,3.12,3.16,3.18,4.1.3,4.2,5.2,6.2.2,7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 3,2.1, 3,2.2, 3-X3.5.1.3.12.6, 6.2.2, 8.2.1, 9.3.3, 9,8.2 3.3.2, 3.18, 35,3.1, 6.1.3, 6.2, 9.5.1, 10.2.8 2-4, 2.4.I, 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, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.3, 12.1.2, 12.2.1,12.2,4,13.5,14 Additions and Deletions Report for AIA Document A201711— 2007. Copyright ID 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963. 1966, 1970, 1976, 1987, 1997 end 2007 by The American Institute orArchitecis. All rights reserved. WARNING: This AIAe 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 re suit in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:37:14 on 08/23/2017 under Order No. 0517421750 which expires on 04125/2018, and Is not for resale. User Notes: 13B9ADA18) 3.14, 6.2.5 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 4.0 4;-10.4.1. 11.3.1, 12.2.4 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,15.2,6.3,7.3.7,7.3.9,8.1.3,8.3.1,9- 9.2.I,9.4,9.5.1,9.8.4,9.9.1,13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 24,2.4,3.5-2.3.1,2.4.1.3.5.1.4.2.6,6.2.5,9.5.1,9.5.2,9.6.6,9.8.2,9.9.3,9.10.4, 12.2.1 Defective Work, Definition of 3.5.1 1.1,2.1.1,3.1.1,3-3;3.5.1,3.12.1,3.12.2,3.12,3,4.1.1, 15.1.1,5.I,6.1.2,7.2.1, 7.3.1, 8.1, 9.1, 9.8.1 3:-23.2. 3.7.4,5.2.3,7.2.1,7.3.1,7.4,8.3,9.5.1,9.7,10-3.2.-IO4;-74.1,8.3.9.5.1,9.7.1.10.3.2-10.4.1.14.3.2, 15.1.5, 15.2.5 6-3;-6.3-1, 7.3.9, 15.1, I5.2 PAGE 5 1.1.3, 1.1.6, 3.4, 3.5, 31-.2, 3-.-8.3;-3:3-271-_-1-3-, 3-5,1.3.8.2, 3.8.3, 3.12, 3.13.1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 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 1.1.3, 1.2.1, 1.2.2,2.2.3,2.2.5,3.1,3.3.1,3.4.1,33.5.1,3.7.1,3.10.1,3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 74, 9.5,1, 9,7, 10,3 2, 10.4, 7.4-1, 9.5.1- 9,7 1, 10.3 2, 10.4 I, 14.3, 15.1.5, 15.2.5 (See -ace Defective or Nonconforming Work) Additions and Deletions Report for AIA Document A201,5 - 2007. Copyright © 1911. 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1968, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAe 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 document was produced by AIA software at 15:37:14 on 08/23/2017 under Order No. 0517421750 which expires on 04/25/2018, and Is not iar resale. User Notes: (3B9ADA16) 4,2.1, 4.2.9, 9.8.2, 9.10, 11.1,2, 11,1.3, 11,3.1, 11.3.5,4-212.3.1. 14.2.4, 14.4.3 Guarantees (Sue (Sec Warranty) 3-1-'3.17,1, 3.18, 9.10.2, 10.3.3, 10.3,5, 10,3.6, 11.3.1.2, 11.3.7 2.1.2, 2.2, 3.2,2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9,6.4, 9.9.2, 9.10.3, 10.3.3, 41.2;-11.2.1. 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 10.2.8, 110.4.1 9.3.2 9.9.1, 11.4.1.5 insurance Companies. Settlement with 11.4.10 1.1.3, 1.1.6,3.4,33.. -5—,3.5,1.3.8.2,3.8.3,3.12,3.13,3.15.1,4.2.6,4.2.7,5.2.1, 6.2.1, 7.3.7, 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 1.5, 3.2.3, 3,6, 3,7, 3.12.10, 3.13, 3.13. I, 4.1.1, 9.6.4, 9.9.1, 10,2.2, 11.1.1, 11.3, 13.1, 13.1, 13.5.1, 1 3.5.2, 13.6, 13.1.1, 13.4, 13.5,1. 13.5.2, 13.6.1,14,15.2.8,15.4 Additions and Deletions Report forAlA Document A20170 —2907. Copyright ED 1911, 1915, 1918, 1925, 1937, 1051, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The Ame 1can lnstllulo of Architects. All rights reserved_ WARNING: This A I4' Document Es protected by U,S. Co pyright Law and international Trestles. 11nmitharizo-Jreproduction cr distribution of This RIA•' Document, or any portion of it, may result in severe civil ar,d criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software 6115:37:14 on 08/2312017 under Order No. 0517421750 which expires on 04/25/2018, and is not for resale. User Notes: (359ADA18) 2.3, 3.'_.2, 3.5, 3.12.10, 3.17. 2.3.1. 3.2.2, 3.5.1, 3.12.10. 3,17.1.3.18.1, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6,4, 9.6.7, 10.2.5, 10.3.3, 11.1.2,-1-1,2711.2.1. 11.3.7, 12.2.5, 13.4.2 PAGE 6 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 67-33-5.3.1 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9479.2.1,93A, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.7.1, 9.8, 9,9, 9.10, 11.1,3, 11,3.1,5, 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.3, 3.8.2, 3.8.3, 3.12, 3.13, 3,5.1. 3,8.2.3.8.1.3 12, 3.13.1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 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 1.1.1,1,1.2,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1,9-7-9.7.1,10.3.2, 11.3.1 2.3, 2A, 3.5, 2.3.1. 2,4,1. 3.5,1, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9,9.3, 9.10,4, 12,2.1 2.2.1,2.3,2.1,2.3.1.2.4.1.3.2.4,3.3.1,3.7.2,3.12.9,5.2.1,9,7,9,10, 10.'1.2. I1,1.3.9.7.1,9.10, lil_2.2. 11.1.3, 11.4.6.12.2.2.1,13.3,13.5.1,13.5.2, 14.1, 14.2, 15.2.8, 15.4.1 -213, 2,3 1, 2.4.1,3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, X9.7.1. 9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2,2.1, 13.3, 14, 15.2.8, 15.4.1 3.7.4, 10.2,8, 15.1.2. 4.5. 10.2.8, 15.1,2.15.4 2.1.2, 2.2,3.2.2,3,12.10,6.1.3,6.1.4,6.2.5,9.3.2,9.6.1,9.6.4, 9.9.2, 9.10.3, 10.3.3, -1-1,2T11.2.1 11.3, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 1.5,2.1.1,2.3,2.4,2.3.1,2.4.1,3.4.2,3,8.1,3.12.10,3.14.2,4.1.2,4.1.3,4.2.4,4.2.9,5.2.1,5.2.4,5.4.1,6.1,63 6.3.1 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2,2, 42,3; 12.3.1, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Loss of Use Insurance 11.3.3 1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11. 3,17, 12.12,5.33.11.1,3,17,1.4.2.12,5.3.1 Additions and Deletions Report for AIA Document A201 n' —2007. Copyright '2i 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights received. WARNING: This AIM' Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of This AIM 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 document was produced by AlA software at 15;37:14 an 08/2312017 under Order No, 0517421750 which expires on 04/25/2018, end Is not for resale. User Notes: (3B9ADA16) 4.2.5, 7.3.9, X9.2.1,9.3, 9.4, 9.5, 9.6.3, 9,7, 9.7,1. 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3 4.2.5, 4.2.9, 9.3.3, 9,4, 9.5, 9.6.1, 9.6.6, 9,77.9.7.1 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 4.2.1, 4.2,9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 4-3-I 1.4.5. 12.3.1. 13.7, 14.2.4, 14.4.3 7.3.7.4, 9.6,7, 9.10.3, 11.4.9, 11.4 PAGE 7 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 11.4.8, 14.2.1.2 7.3.7.4, 9.6.7, 9.10,3, 11.4.9, 11.4 Project, Definition of the 3.5, 3.5.1, 4.2.6, 12.2.1 3.2.1,3 -5`;3.5.1,3,12.6,6.2.2,8.2.1,9.3.3,9.4.2,9.5.1,9.8.2,9.10.1 3.3.2,3.18,4.2.3,5.3.1.6.1.3,6.2,6.3,9.5.1, 10 1.1.2, 2.3, 2.4, 3,5, 3,7.1. 3.15.2, 1.2.6, 3.5.1, 3.7.4, 3.15.2, 4.2.6. 4.5, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14, 15.4 3.3.1, 4.2.2, 4.2.7, 334;5.3.1, 10.1, 10.2, 10.4 9,.27-9.2, 9.3.1 1.4.1.2, 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Additions and Deletions Report for AK Document A201 T" —2007. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966,1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AMA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM 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 document was produced by AIA software at 15:37:14 on 08/23/2017 under Order No. 0517421750 which expires on 04/25/2018, and Is nat for resale. User Notes: (3B9ADA18) 1.1.4, 3.I2.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 11.4.7, 12.1.2 33.13, 6.1.1, 6.2,1 Specifications, Definition of the &petit-mations Specifications. The 6.2.1, 9.3.2, 10.2.1.2, 10,2,410.2.4, 11.4.1_A PAGER 5.3, 5.4, 9.3.1.2, 9.6, 9.10,10.2.1, 11,4.7, 11_4.8,14.1, 14.2.1 6.1.1, 11.4.5, 11.3.7 3.4.2, 33.5,1, 7.3.8 3,x—,3.9,10.2.6 5.4.1.1, 11.4.9, 14 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 11.4.1, 11.4.1.1, 12.2.1, 13.5 3.2.4, 3.7.4, 5.2.3, 7,2.1, 7.3.1, 7.1, 8.3, 9.3.1, 9.7, 10.3.2. 10.9, 7.4.1, 8.3, 9.5.1.9.7.1,10.3.2, 10.4.1. 14,3.2, 15.1.5, 15.2.5 Additions and Deletions Report for AIR Document A201,11— 2007. Copyright ID 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961. 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Archilects. All rights reserved. WARNING: This Ale.' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM oc,iwaent, or any por4ion of il. may result In severe civic and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:14 on 08/2312017 under Order No. 0517421750 which expires on 04/25/2018, and is not for resale. User Notes: (aB9ADA18) 2,1.2,2.2,2.4,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2,4.4.4.5.5.2,5.3,5.4,6.2.4,7.3,7.4,8.2,9.2,9.3.1,9.3.3,9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, l I.4.1.5, l 1.4.6, 1 l .4.1 0,12,2, 13.5, 13.7, 14, 15.1.2, 15.4 3.13,3.13,6.1.1,6.2.1 X93.1 9.10.5, 11.4.7. 13.4.2, 15.1.6 9.9.3, 9.10.3, 9.10.4, 11.4.3, 11.4.5,11.4.7,12.2.2.1, 13.4.2, 14.2.4, 15.1.6 6.1.1, 11.4.5, 11.3,7 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, d-3413.7.1 PAGE 9 2,3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10,3, 11.1,3, 11.4.6, 12,2.2, 12.2.4, 13.3, 14. 15.4.1 1.1.1, 2.3, 3.9, 7, 8.2.2, 11.4.9. 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2 PAGE 10 ARTICLE 1 GENERAL PROVISIONS PAGE 14 § 3.7 PERMITS, FEES, NOTICES NOTICES, AND COMPLIANCE WITH LAWS PAGE 15 .1 Allowanees allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .3 Whenever 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 6) 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. PAGE 18 Additions and Deletions Report for MA Document A201", —2007. Copyright 811911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Alike Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM' 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 document was produced byAlA software at 15:37:14 on 08123/2017 under Order No. 0 51 7421 75 0 which expires on 04125/2018, and is not for resale. User Notes: (3B9ADA18) § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity ikai-whicli would otherwise exist as to a party or person described in this Section 3.18. § 4.2.1 The Architect 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 Architect issues the final Certificate €er—For Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. PAGE 20 § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work, The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 11 day 14 day period shall constitute notice of no reasonable objection. PAGE 22 § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or -Owner, separate contractors as provided in Section 10,2.5, PAGE 24 § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, 9.2. for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. PAGE 31 § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Owner, the Architect and the Architect's eonsultantsConsultants 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 during the Contractor's completed operations. Additions and Deletions Report for ALA Document AM"' —2007. Copyright 5 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1967, 1997 and 2007 by The American Institute of Architects, All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and international Trestles. 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 document was produced by AIA software at 15:37:14 an 08/23/2017 under Order No. 0517421750 which expires on 04/25/2018, and is not for resale. Veer Notes: (3B9ADA18) Certification of Document's Authenticity AIA' Document D409 TM — 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:37:14 on 08/23/2017 under Order No. 0517421750 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA5 Document A201TM - 2007, General Conditions of the Contract for Construction, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401" —2003. Copyright 4b 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIM Document Is protected by U.S. Copyright Law end 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 document was produced by AIA software al 15:37:14 on 08123/2017 under Order No. 0517421750 which expires on 04/25/2018, and is not for resale. User Notes: (3B9ADA1B) � = Document A201Tm- 2007 General Conditions of the Contract for Construction In it. for the following PROJECT: (Name and location or address) Sample THE OWNER: (Name and address) THE ARCHITECT: (Name and address) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 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 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form, An Additions and Deletions Report that notes added Information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A2011," —2007. Copyright O1911, 1915,1918, 1925, 1937, 1951. 1958, 1961,1963. 1966, 1970,1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIM 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 document was produced by AIA software at 15:37:14 on 08/23/2017 under Order No. 0517421750 which expires on 04/25/2018, and is not for resale. User Notes: (3B9ADA19) ]nit. INDEX (Numbers and Topics 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, 13.4.2, 13.7.1, 14.1, 15.2 Addenda 1.L1, 3.11.1 Additional Costs, Claims for 3.7.4, 3,7.5, 6,1.1, 7.3.7.5, 10.3, 15.1.4 Additional Inspections and Testing 9,4.2, 9.8.3, 12.2.1, 13,5 Additional Insured 11.1.4 Additional Time, Claims for 3.2.4,3.7.4,3.7.5,3,10,2,8.3.2,15.1.5 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid L1.1 Aesthetic Effect 4.2.13 Allowances 3.8, 7.3.8 All-risk Insurance 11.3.1, 11.3.1.1 Applications for Payment 4.2.5,7.3.9,9.2,9.3,9.4,9.5.1,9.6.3,9.7.1,9.10, 11.1.3 Approvals 2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10, 4.2.7, 9.3.2, 13.5.1 Arbitration 8.3.1, 11.3.10, 13.1.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4.1, 3.12.7, 4.1, 4.2, 5.2, 6.3.1, 7.1.2, 7.3.7, 7.4, 9.2.1, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13,5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Architect, 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, 4.2.3,4.2.6,4.2.7,4,2.10,4.2.12,4.2.13,5.2.1,7.4.1, 9,4.2, 9.5.3, 9,6.4, 15.1.3, 15.2 Architect's Additional Services and Expenses 2.4,1, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract 3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5 Architect's Approvals 2.4.1, 3.1.3, 3.5.1, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5.1,4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1,1.7, 1.5 Architect's Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3.1, 7.3,7, 7.3.9, 8.1.3, 8.3.1, 9,2,1, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.5.2, 15.2, 15.3 Architect's Inspections 3.7.4, 4,2.2, 4.2.9, 9,4.2, 9.8.3, 9.9,2, 9.10.1, 13,5 Architect's Instructions 3.2.4, 3.3,1, 4,2,6, 4.2.7, 13.5.2 Architect's Interpretations 4.2.11, 4.2.12 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 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, 11.3.7, 12, 13.4.2, 13.5, 15,2 Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4,2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Asbestos 10.3.1 Attorneys' Pees 3.18.1, 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, 5.2.1, 11.4.1 Binding Dispute Resolution 9,7.1,11.3.9,11.3.10,13.1.1,15.2.5,15.2.6.1,15.3.1, 15.3.2, 15.4.1 Boiler and Machinery Insurance 11,3.2 Bonds, Lien 7.3.7.4, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.7.4, 9.6.7, 9.I0.3, 11.3.9, 11.4 AIA Document A201n, —2007. Copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1903, 1966, 1970, 1976, 1987, 1997 and 2007 by The American rnslilUle df Archilecls. All rights reserved. WARNING. This AIA' Docurncnt is pYOlecled by U.S. Cent 44 Law and Iil:ernaliun5l Trealie8. Urlauthcrf ed reproduction or distribution of this AIA Document, or any portion of it, may result In aevcru civil and criminal punallirs. anti will he prosecuted to the maximum extent possible under the law. This document wee produced by AIA software al 15:37:14 on 08/23/2017 under Order No. 0517421750 which expires on 04/25/2018, and Is not for resale. User Notes: (3B9ADA18) 2 init. f Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 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, 9.7.1, 9.10.1,9.10.3, 14.1.1.3, 14.2.4, 15.1.3 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.10.2, I1.1.3 Change Orders 1.1.1, 2.4.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11.1, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 7.4.1, 8.3.1, 9.3.1,1, 11.3.9 Claims, Definition of 15.1.1 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3.1, 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, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4 Claims for Additional Time 3.2.4, 3.7.46.1.1, 8.3.2, 10.3.2, 15.1.5 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3,2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9,6.7, 10,3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Claims Subject to Arbitration 15.3.1, 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, 11.3.1, 11.3.6, 11.4.1, 15.1.4 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 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, 13.7, 14.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 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, 13.7 Compliance with Laws 1.6.1,3,2.3, 3.6, 3,7, 3.12.10, 3.13, 4.1.1, 9.6,4, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 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, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3,2, 9.8.5, 9,9.1, 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 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 1.1.1,3.4.2,3.12.8,4.2.8, 7.1.1, 7,1.2, 7.1.3, 7.3, 9,3.1.1 Construction Schedules, Contractor's 3.10,3.I2.1,3.12.2,6.1.3, 15.1.5.2 Contingent Assignment of Subcontracts 5,4, 14.2.2.2 Continuing Contract Performance 15.1.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 11.3.9, 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, 11.1.3, 11.3,6, 11.4.1 Contract Documents, The 1.1.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6,7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15,1,4, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7.1, 10,3.2, 12,1.1, 14.3.2, 15.1.5.1, 15.2.5 Contract Time, Definition of AIA Document A2011,1 — 2007. Copyright a 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961. 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Inali ulearArchitects.Allrights reserved. WARNING: This /MIA' Doc, innl,t 14 prolactsd by U.S. Copyright Law and rnternalionat Trealins, 11n7ulbmized reproduction or distribution of this AlAe Document, or any portion of it, may rnsull 1n sovare cNIL and criminal ponalbes, and will be proeoclted to tits maximum extent possible under the law. This document was produced by AIA software et 15:37:14 on 08x2312017 under Order No. 0517421750 which expires on 04/25/2018, and Is not for resale. User Notes: (3B9ADA16) 3 fnit. 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Construction Schedules 3.10, 3.12.1, 3.12.2, 6.1:3, 15.1.5.2 Contractor's Employees 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.3.7, 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, 11.3.7, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2,3.3.2,3.18.1,3.18.2,5,9.6.2,9.6.7,9.10.2, 11.3.1.2, 11.3.7, 11.3.8 Contractor's Relationship with the Architect 1.1.2, 1.5, 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, 4,1.3, 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, 11.3.7, 12, 13.5, 15.1,2, 15.2.1 Contractor's Representations 3.2.1, 3.2.2, 3.5.1, 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, 5.3.1, 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 9.7 Contractor's Right to Terminate the Contract 14.1, 15.1.6 Contractor's Submittals 3.10, 3.11, 3.12.4, 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, 11.1.3, 11.4.2 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, 7.3,5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 Contractual Liability Insurance 11.1.1.8, 11.2 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, 2.2.5, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7,3.7 Costs 2.4.1,3.2.4,3.7.3,3.8.2,3.15.2,5.4.2,6.1.1,6.2.3, 7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, I0.3.6, 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 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, 11.1.1, 11.3, 12.2.4 Damage to the Work 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.4.1, 11.3.1, 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, 11.1.1, 11.3.5, 11.3.7, I4.1.3, 14.2.4, 15.1.6 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 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 Architect 3.7.4, 4.2.6, 4.2.7, 4.2,11, 4.2.12, 4.2.13, 15.2, 6.3, 7.3.7, 7.3,9,8.I.3,8.3.1,9.2.1,9.4,9.5.1,9.8.4,9.9.1, 13.5.2, 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 2.3.1, 2.4.1, 3.5.1, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8,2, 9.9.3, 9.10.4, 12.2.1 Defective Work, Definition of 3.5.1 Definitions 1.1, 2.1.1, 3.1.1, 3.5.1, 3.12.1, 3.12.2, 3.12,3, 4.1.1, 15.1,1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1 Delays and Extensions of Time 3.2., 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4.1, 8.3, 9.5,1, 9.7.1, 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 Disputes 6.3.1, 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, 11.1.2 Emergencies 10.4, 14.1.1.2, 15.1.4 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, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Equipment, Labor, Materials or ALA Document A201 TK —2007. Copyright Sr 1911. 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987,1997 end 2007 by The American InsfltuleofArchitects,All rights reserved, WARNING: rhls AIA" Document is protected by U.S. Copyright Law end Lnlernstiorral Trenitis, Unaurhori;ed reproduction or dlstrlbvllon of Ihls AIM. Document. or any portion of II, may result In severe civil and erFrninaf penalties, and will lea pvcscewad to the maximum extent possible under the law, This document was produced by AIA software al 15:37:14 on 98/23/2017 under Order No. 0517421750 which expires on 54/25/2018, and Is not for resale. User Notes: (399ADA18) 4 Init. 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13.1, 3.15,1, 4.2.6, 4.2.7, 5.2.1, 6.2.I, 7.3.7, 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 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4.1, 9.5.1, 9.7.1, 10.3.2, 10.4.1, 14.3, 15.1.5, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.6, 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, 11.1.2, 11.1.3, 11.3.1,11.3.5, 12.3.1, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.4 Fire and Extended Coverage Insurance 11.3.1.1 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17.1, 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7 Information and Services Required of the Owner 2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2.1, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.2, 14.2.4, 15.1.3, 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, 10.4.1 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, 13.5 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, 13.5.2 Instruments of Service, Definition of 1.1.7 Insurance 3.18.1, 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 11 Insurance, Boiler and Machinery 11.3.2 insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use 11.3.3 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.3 Insurance, Stored Materials (Paragraph Deleted) 9,3.2, 11.4.1.4 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy (Paragraph Deleted) 9.9.1, 11.4.1.5 Insurance Companies, Settlement with 11.4.10 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4 Interest 13.6 Interpretation 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2,12, 15.1.4 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13,3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 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, 3.2.3, 3.6, 3.7, 3.12.10, 3.13.1, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1.1, 11.3, 13.1.1, 13.4, 13.5.1, 13.5.2, 13.6.1, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 13.7, 15.4.1.1 Limitations of Liability 2.3.1, 3.2.2, 3.5.1, 3.12.10, 3.17.1, 3.18.1, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3, 11.1.2, 11.2.1, 11.3.7, 12.2.5, 13.4.2 Limitations of Time 2,1.2, 2.2, 2,4, 3.2.2, 3.10, 3.11, 3.12.5, 3,15.1, 4,2.7, 5.2, 5.3.1, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2.1, 9.3.1, AIA Document A201' —2007. Copyright {a 1911, 1915, 1916, 1925, 1937. 1951, 1958.1961, 1963, 1966, 1970, 1976, 1967,1997 and 2007 by Tha American Institute of Architects. All rights reserved. WARNING: This AIM' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA5 Document, or any portion of it, may result in severe civil and criminal penaitlea, and will be prosecuted to the maximum extent possible under the law. This document was produced by ANA software et 15:37:14 on 0812312017 under Order No. 0517421750 which expires on 04/25/2015, and Is not for resale. User Notes: (3B9ADA16) 5 Init. 1 9.3.3, 9.4.1, 9.5, 9.6, 9.7.1, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5,11.3.6,11.3.10,12.2,13.5,13,7,14,15 Loss of Use Insurance 11.3.3 Material Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.5,1, 3,4.1, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13.1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 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 2.I.2, 15.2.8 Mediation 8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6,15.3, 15.4.1 Minor Changes in the Work 1.1.1,3.12.8,4.2.8, 7.1,7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 3.11, 4.1.2, 4,2.1, 5.2.3, 7, 8.3.1, 9.7.1, 10.3.2, 11.3.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2,3.1, 2.4.1, 3.5,1, 4.2,6, 6.2,4, 9,5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Notice 2.2.1, 2.3.1, 2.4.1, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.7.1, 9.10, 10.2.2, 11.1.3, 11.4.6, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14,1, 14.2, 15.2.8, 15.4,1 Notice, Written 2.3.1, 2.4.1, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7.1, 9.10, 10.2.2, 10.3, 11.1.3, 11.3,6, I2.2.2.1, 13.3, 14, 15.2.8, 15.4.1 Notice of Claims 3.7.4, 4.5, 10.2.8, 15.1.2, 15.4 Notice of Testing and Inspections 13.5.1, 13.5.2 Observations, Contractor's 3.2, 3.7.4 Occupancy 2,2.2, 9.6.6, 9.8, 11.3.1.5 Orders, Written 1.1.1, 2,3, 3.9.2, 7, 8.2,2, 11.3.9, 12,1, 12,2,2,1, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Information and Services Required of the 2.1.2, 2.2, 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, 11.2.1, 11.3, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Owner's Authority 1.5, 2.1.1, 2.3.1, 2.4.1, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2,4, 5.4.1, 6.1, 6.3.1, 7.2.1, 7.3.1, 8.2.2, 8.3.1,9.3.1,9.3.2,9.5.1,9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3.1, 13,2.2, 14.3, 14,4, 15.2.7 Owner's Financial Capability 2.2.1, 13.2.2, 14.1.1.4 Owner's Liability Insurance 11.2 Owner's Loss of Use Insurance 11.3.3 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 2.4, 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 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11.1, 3.17.1, 4.2.12, 5.3.1 Partial Occupancy or Use 9.6.6, 9.9, 11.3.1.5 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2.1, 9.3, 9.4, 9.5, 9.6.3, 9.7.1, 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, 9.7.1, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.I.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2,1.2 Payment, Final 4.2.1, 4.2,9, 9.8.2, 9.10, 11.1,2, 11.1.3, 11.4.1, 11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.7.4, 9.6.7, 9.10.3, 11.4.9, 11.4 AIA Document A201T.' -2007. Copyright t$! 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1967, 1997 and 2007 by The American lnsliluta of Archriacls. All rights reserved, WARNING: This AMA" nocuntfintIs protected by U.S. Copyright LAW And Iaternalianal Troches. Unauthorized reproduction or tllulnbutlotr of this MA` Document, or any portion of It. may result in severe civil and criminal penailles, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 15:37:14 on 08/23/2047 under Order No. 0517421750 which expires on 04125/2016, and is not for resale. User Notes: (3B9ADA1B) 6 hilt. Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 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, 11.4.8, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.7.4, 9.6.7, 9.10.3, 11.4.9, 11,4 Permits, Fees, Notices and Compliance with Laws 2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 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, 15.1.3 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 Project, Definition of the 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.3 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 3.2.3, 3.6, 3.7, 3,12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 15.2.8, 15.4 Rejection of Work 3.5.1, 4.2.6, 12.2.1 Releases and Waivers of Liens 9.10.2 Representations 3.2.1, 3.5.1, 3.12.6, 6,2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.I0.I Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 5.3.1, 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 Architect 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, 2.3, 2.4, 3.5.1, 3.7.4, 3.15.2, 4.2.6, 4.5, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 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, 5.3.1, 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 1.4.1.2, 3.10, 3,12,1, 3.12,2, 6.1.3, 15.1.5.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 11.4.7, 12.1.2 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, 9.4.2, 9.10.1, 13.5 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9,9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.6, 12.2.1, 13,5 Specifications, Definition of the 1.1.6 (Paragraph Deleted) Specifications, The 1.1.1, 1.1.6, 1.2.2, 1.5,3.11,3.12.10,3.17,4.2.14 Statute of Limitations 13.7, 15.4.1.1 Stopping the Work 2.3, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by AlA Document A201TM —2007. Copyright n 1911, 1916. 1918, 1925, 1937, 1951, 1958,1961, 1983, 1966.1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This ALAI' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA5 Document, or any portion of it, may result In severs civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:37:14 on 08123/2017 under Order No. 0517421750 which expires on 04026/2018, and is not for resale. User Notes: (3B9ADA18) 7 Init. 1.2.2, 3.3.2, 3,12.1, 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, 11.4.7, 11.4.8, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.I, 11.4.5, 11.3.7 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, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1,3 Substitutions of Materials 3.4.2, 3.5.1, 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, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, I2, 14, 15.1.3 Surety 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.3 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 11.4.9, 14 Taxes 3.6, 3.8.2.1, 7.3.7.4 Termination by the Contractor 14.1,15.1.6 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.6 Termination by the Owner for Convenience 14.4 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1, 13.5 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4.1, 8.3, 9.5.1, 9.7.1, 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 Time Limits 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 4.4, 4.5, 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, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 13.7, 14, 15.1.2, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 13.7, 15.1.2 Title to Work 9.3.2, 9.3.3 Transmission of Data in Digital Form 1.6 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, 7.3.4 Use of Documents 1.1.1, 1.5, 2.2.5, 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 Architect 13.4.2 Waiver of Claims by the Contractor 9.10.5, 11.4.7, 13.4.2, 15.1.6 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 11.4.3, 11.4.5, 11.4.7, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 Waiver of Consequential Damages 14.2.4, 15.1.6 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.4.5, 1I.3.7 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7.1 Weather Delays 15.1.5.2 Work, Definition of 1.1.3 AIA Document A2011,1-2007. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects, All rights reserved. WARNING: This AIM 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 document was produced by AIA software at 15:37:14 on 08/23/2017 under Order No. 0517421750 which expires on 04/25/2018, and is not for resale, User Notes: (3B9ADA18) 8 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9,10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Notice 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3, 14, 15.4.1 Written Orders 1.1.1,2.3,39,7,8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1, 15.1,2 AIA Document AM"' — 2007, Copyright(?) 1911, 1915, 1918, 1425,1937, 1951, 1958, 1961, 1963, 1986, 1970, 1976, 1987, 1997 and 2007 by The American inslltute of Architects, All ri)hls reserved. WARNING: This AIM Document Ir; protected by U,S, Copyright Law and International Trealies. Unauthorized reproduction or distrihnllon or thEs AEA` Driew, unl. or any porllon of ft, may result in sovurc civil and crrminal penalties, and wl}I ba prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:14 on 00/23/2017 under Order No. 0517421750 which expires on 04/25/2018, and Is not for resale, User Notes: (3B9ADA10) 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 (l) 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 Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of Addenda relating to bidding requirements. § 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 maybe 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 Architect or the Architect's consultants, (2) between the Owner and a Subcontractor or a Sub -subcontractor, (3) between the Owner and the Architect or the Architect's consultants or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect'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 Architect and the Architect'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 and certify termination of the Agreement under Section 14.2.2. § 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, init. AIA Document A201 TM —2007. Copyright 8 1911, 1916, 1918, 1925, 1937, 1951. 1958, 1951, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute a3Archilecls, All rfphts reserved. WARNING. This WA!' Document fs protccled by U.S.1Copyright Law and Inlereatianai Troches, Unauthorhod 0 reproduction or distribution of this AIM Document, or any portion of ft, may result in severe civil and c, rnlnal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software et 15:37:14 on 08/2312017 under Order No. 0517421750 which expires on 04/25/2018, and is not for resale. User Notes: (3B9ADA18) § 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 will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub -subcontractors, and material or equipment 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 this 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 material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them 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 material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. § 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. 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. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2,1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2,2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or Init. ALA Document A201"r — 2007, Copyright ® 1911. 1916, 1918, 1925, 1937, 1951, 1958,1981, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Insltluleof Architects. An rights reserved. WARNING: This ALA` Document Is prolecled by U.S. COpytfgdl! Law and intcrnatlunalTreelie ,. Urrauthorixed reproduction or distribution of this AIA' Document, or any portion of it, may'rosult In sc4crn civil and celmhiat prno tales, sand will be proaeculed In Pre maximum extent possible under the law. This document was produced by AIA software at 15:37:14 on 08/23/2017 under Order No. 0517421750 which expires on 04/25/2018, and is not for resale. User Notes: (3B9ADA1 a) the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.2 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 a , assessments and charges required for construction, tents. use or 1} n for necessary structures s approvals, p maneottts, changes in existing facilities. occupancy dt'penuanent skructtlres or for pernianettt § 2,2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility 1 the she of the Project, and a legal description of tltssite. infonnation furnished by the Owner but sllatl exercise proper precautions relating #o the safetl}ertorrn ncoca[ions for The Contractorshall be entitled rely on the accuracyofWork, c of the § 2.2,4 The Owner shall Amish information or services required of the Dwger by the Contract Document reasonable promptness. The Owner shall also furnish any other information or services. under the s with and relevant to the Contractor's performance ()Idle Work with reasonable promptness after receiving Contractor's written request Owner's control for such information or services, the § 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.3 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 required by Section 12.2 or re required r may issue a written 2order repeatedly fails to €airy out Work in accordant nsen[s as tder to the Contractor to e with the Contract until the cause, the order has been eliminated; however, the right of rite Ownertooplthe rWork shall not give rise to a du any portion thereof, the cause for such of the Owner to exercise this right for the benefit of the Contractor or required by Section 6.1.3.duly on the part any artier person or entity, except to the eaten! § 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accords within a ten-day period after receipt accordance with the Contract Da default or neglect p of notice from the Owner to commence and Documents and oofs glect with diligence and promptness, the Owner may, without re' other remedies continue ethe over may have, correct such deficiencies. In such case an a prejudice t be dedutsgle Owner payments then or thereafter due the appropriate Change Order shall issued pane's ex aContractor the reasonable cost o ien deducting including g from expenses and compensation for the Arelti#ect f correcting such deficiencies, or failure. Such action by the Owner and amounts charged oYthe Con actor are both services made subject to riorary . Architect. If a necessary by such default, neglect payments then or thereafter due the Contractor arc not sufficient to shall pay the difference to the Owner.P approval of the cover such amounts, the Contractor 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 Contract Documents as ifsingufar in number, The Contractor shall be jurisdiction where the Project is lawfully tic the 1located. The Contractor shall designate y cored, if required in the express authority to bind the Contractor with respect !; arc in writing a representative who shall have Contractor tothe Conto n actorauthoto all matters under this Contract. ontract. The term "Contractor" means § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents, § 3.t3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract or by tests, inspections or approvals required or performed by persons or entitles other than the Contractor. Init. AtA Document A201 *" —2007. Ca e h Irlslituls ume A2o14tl N h 7 rascrv9dt WARNING: 1911 1915, 1919, 10-25, 1937, 1551 1 rfS! tubs & r or dJslriLi rvn is this ved. nt, or hr IAd p �5$' 1961, 19$3, lggg hl L 1976, ! rap o eu„ oxtpot passible under rso A1A- This rnonl, nt of it, as rorectod e e e Go 1 i 1987, 1gan bopr of py pohton of it, may r pYr Stn Law and tnlernotlant TrrilipslJreau horFd maxi s r ordon201$, and Is not Corr enl was praluced byAIA Softwaren severe clot! and trsndnal paaatno�, an ',Her Notes; 9sale, al 16:27:14 on 1}9i2312p17 underprdgr wli! bapro-secule❑ to ih� Ma, 0517421750 which 12 § 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 2,2.3, 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 Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect 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 Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect 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 make 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 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 Architect 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, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and 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 written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner -required 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 § 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 Init. AIA Document A201 TM -2007. Copyright ® 1911. 1915, 1918, 1925. 1937, 1951, 1958. 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA5 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM' Document, or any portion of It, may result in severe civil and criminal penalties, end will be prosecuted to the maximum extent possible under the law. This document wee produced by AlA software at 15:37:14 on 08123/2017 under Order No. 0 51 7421 75 0 which expires on 04)25/2015, and is not for resale, User Notes: (3B9ADA16) 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 authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect 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 The Contractor warrants to the Owner and Architect 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 Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.6 TAXES The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 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 Architect before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect 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 an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect 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 Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect's determination or recommendation, that party may proceed 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 Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume init. AlA Document A201" - 2007. Copyright *1911, 1915, 1918, 1925, 1937, 1951, 1958. 1961, 1963, 1966, 1970, 1976, 1987.1997 end 2007 by The American Instilirle of Architects. All rights reserved. WARN! k0; ThisAtA' Doeumont Ic pralocted by P.S.1C°fyrIght Law and intarnatIDlaI Trrallre. Una ull,arited reproduction or distribution of this AIA° Document, or any portion of It, may result In scwore civil and crlotlnaf penalties. anti will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:14 on 08/2312017 under Order No. 0517421750 which expires on 04(2512018, and is not for resale. User Notes: (369ADA18) 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; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 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 Owner with reasonable promptness. § 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, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply 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 Architect 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 SCHEDULES § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work, § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect's approval. The Architect's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a 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 Architect, Init. AiA Document A201TM - 2047. Copyright td 1911. 1915. 1918, 1925. 1937,1951,1998,199% 1985, 1966, 1970. 1976. 1957, 1997 end 2097 by The American Institute of Architects. Ali rfahIs reaervod. WARNING: This ArA, ❑orumont Es probe cted by L1.S. Copyrkght law and Inlernalioils! Treaties. Unauthorized reproduction or distribution of this AIM' Document, or any portion alit, may result In sovnrn civil and arEminal pena1LIus, and wit be prusuCutad tv 1ho maximum extent possible under the law. This document was produced by AIA software et 15:37:14 on DB/23/2017 under Order No. 0517421750 which expires on 04/25/2018, and Is not for resale. User Notes: (3B5AOA18) § 3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect 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 the way by which 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 Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect 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 Architect without action. § 3.12,5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Architect 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 Architect that the Contractor has (I) 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 Architect. § 3.12.6 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) the Architect 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 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 Architect'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 Architect on previous submittals. In the absence of such written notice, the Architect'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 architecture 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 Init. AIA Document AM"' — 2007. Copyright® 1911, 1915. 1918, 1925, 1937. 1961, 1958.1961. 1963, 1966. 1970, 1976.1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Alike Document la protected by U.S. Copyright Law end International Trestles, Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result In severe civil and criminal penalties, and vrfil be prosecuted to the maximum extent possible under the law. This document was produced by AIA software al 15:37:14 on 08/2312017 under Order No. 0517421750 which expires on 04125/2018, and Is not for resale. User Notes: (3B9ADA18) required to provide professional services in violation of applicable law. 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 Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly 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 Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, 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. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 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, and 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 and patching shall be restored to the condition existing prior to the cutting, fitting and 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 such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's 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 or 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. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect 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 Architect harmless from loss on account thereof, but shall not be responsible for such 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 Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. Init. AlA Document A201 TM -2007. Copyright@ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institutu OFArchitecls. All rights reserved. WARNING: This AIJ( cecumont is protccIcd by U.S. Copyright Lev/ and International Treaties. IJnaulharlxed reproduction or distribution of Oils AIM Document, or any portion of it, may result in sovore civil and criminal penalties, sod will he prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:14 on 08/23/2017 under Order No. 0517421750 which expires on 0412512018, and Is nal far resale. User Notes: (369ADA1 a) § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 GENERAL § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect, Consent shall not be unreasonably withheld. § 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect, § 4.2 ADMINISTRATION OF THE CONTRACT § 4.2.1 The Architect 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 Architect issues the final Certificate For Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2,2 The Architect 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 Architect will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect 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, except as provided in Section 3.3.1, § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not 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. AIA Document A20ir' - 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1997, 1997 and 2007 by The American init. Institute of Architects. All rights reserved. WARNING: This AlA' Document le protected by U.S. Copyright Law and Internaliunal Treaties, Unauthorized 18 reproduction or distribution of this Ale 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 lew. This document was produced by AIA software al 15:37:14 on 08123/2017 under Order No. 0517421750 which expires on 04/25/2018, and is not for resale. User Notes: (3B9ADA16} § 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating 10 the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect 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 Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect 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 Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect'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 Architect'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 Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect 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 Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect'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 Architect 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 and decisions, the Architect 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 Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. AlA Document A201n' —2007. Copyright @ 1911, 1915, 1916, 1925, 1937, 1951, 1958, 1961, 1963, 1966,1970, 1976, 1967. 1997 and 2007 by The American Init, InsGlute CAFrhltetlS, All rights reserved. WARNING: This AlA" Document to protactod by U.S. Copyright Law cad Internallonul'rraatlex. Unauthorlxed 19 reproduction or distribution of this AIM Document, or any portion of It, may tesuli in sovare civil and criminal pcnaltics, and will bo grosocutad to the maximum extant possible under the law. This document was produced by AIA software at 15:37:14 on 0 612 3/2 01 7 under Order No. 0517421750 which expires on 0412512018, and is not for resale. User Notes: (399ADA1 al § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect 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 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 or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply 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 Architect 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 Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect 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 previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 SUBCONTRACTUAL RELATIONS By appropriate agreement, written where legally required for validity, 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, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect 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 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 Init. ALA Document A201"-2007. Copyright 43191 t, 1915, 1918, 1925, 1937. 1951, 1958, 1981, 1963, 1966. 1970, 1976. 1987, 1997 and 2007 by The American Institute otArchitects. All rights rederved. WARNING: Thee AlA` Document It, proiocled by U.S. Copyright Law and International Treelic6. tinauihorixed rOp metiulian ar dlstrIbutEun of 'IllsArA' Dooarnsenl, or any pardon of ft, may resell In severe clue! and end wilt be presawtad Cie a 20 maximum extent possible under the law. This document was produced by AIA software at 15:37:14 on 0812312017 under Order No. 0517421750 which expires on 04125/2018, and is not for resale. User Notes: (3B9ADA18) 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 in writing; 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 such 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 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions 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 other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to the 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, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor 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, § 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 report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that Init. r AtA Document A20171, - 2007. Copyright ® 1911. 1915, 1918, 1925.1937, 1951, 1958, 1961, 1963, 1965, 1970, 1976,1987, 1997 and 2007 by The American Institute of hid -Weds. All rights reserved, WARNING: Tlrli AIA' Docuu c:A Is praloctedby 11.5. copyright Law and InternsVenol Treaties. Uncut#iertxed reproduction or distribution of this AIA@ Document, or any portion or it, may rmsull ire mover's, M1 and crlminsFpenalties, and vrlil ba prosecuted to 1ho maximum extent possible under the law. This document was produced by AIA software al 15:37:14 on 08/23/2017 under Order No. 0517421750 which expires on 04/25/2018. and Is not for resale. User Notes: (3B9ADA18) the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. § 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 the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner, separate contractors 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 'Ha 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 Architect 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. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect 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 Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, 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 Architect and signed by the Owner, Contractor and Architect 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 CONSTRUCTION CHANGE DIRECTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 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; .2 Unit prices staled 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 Init. AIA Document A201 TM -2007. Copyright 131911, 1915, 1918, 1925, 1937, 1851, 1958,1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute or Arc riscts. All rights reserved. WARNING: Tiris Ale' Dammam Is protected by U.S, CepyrEghl Low and led ernelionil TroalEel, UnOuthortxed reproduction or distribution of this AIM Document, or any portion of it, may result in severe civil and criminal panalLlcs, and Wilk b praaccuted to the maximum extent possible under the law. This document was produced by NA software at 15:37:14 on 08/23/2017 under Order No, 0517421750 which expires on 0412512018, and is not for resale. User Notes: (3B9ADA18) .4 As provided in Section 7.3.7. § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect 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. § 7.3.6 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. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the method and 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 Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .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 related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 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 Architect. 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 Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be reasonably justified. The Architect'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 Architect 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 Architect 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 Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. Init. AIA Document A2017° -2007. Copyright @ 1911, 1915,1918, 1925, 1937. 1951. 1958, 1961, 1963, 1966, 1970, 1976, 1987. 1997 and 2007 by The American rnstltute at Architects, Al! rights reserved. WARNING: 1 Ids AIA" poeument ]s prorertled by U.S. Copyright Law arid International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may rosui' In severe civil and criminal per:eines. and will be prosecuted no the maximum extant possible under the law. This document was produced by AIA software at 15:37:14 on 0812312017 under Order No, 0517421750 which expires on 04/2512018, and is not for resale. User Notes: (3B9ADA1 B) 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 Architect in accordance with Section 9.8. § 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, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 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 an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. § 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 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. § 9.2 SCHEDULE OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's 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 Architect 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. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. Init. AIA Document A201*'r - 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951. 1958. 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Instiluteo[ArcItilecis. Ati rights reserved. WARNING_ ThFs AlA^ Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction ar tiisitIIuilon of lids AIA'- Document, or any parllan of ti, may rosult in severe civil end crimtrol pena8les, end will be prosoculod to the maximum extent possible under the law. This document was produced by AIA software al 15:37:14 on 08/23/2017 under Order No. 0517421750 which expires on 041/2512018, and Is not for resale. User Notes: (3B9ADA19) § 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 Architect, 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 material 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, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. § 9.4 CERTIFICATES FOR PAYMENT § 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. 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 Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect 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 material 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 Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9,4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect 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 Architect'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; Init. AIA Document A201 "' -2007. Copyright O) 1811. 1915, 1918, 1925, 1937, 1951, 1958.1961, 1963. 1965, 1970. 1976, 1987, 1997 and 2007 by The American InsGkule at Architects, All rights reserved. WARNfftG: This ALcir Document is proteclad by its, Copyright Law and international TroaLLes. Unriulhorixed reproduction or distribution of this ALA Document, or any portion of It, may resat! In severs civil and criminal Finalities, and will he prosecutuJ lu lire maximum extent possible under the law. This document was produced by MA software at 15:37:14 an 08/23/2017 uncial- Order No. 0517421750 which expires on 04/25/2018, and is not far resale. User Notes: (3B9ADA18) .3 failure of the Contractor to make payments properly to Subcontractors or 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 the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.3 If the Architect 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 material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Architect 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 Architect, § 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. § 9.6.3 The Architect 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 Architect 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 material and equipment 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 to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment 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 and 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, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.7 FAILURE OF PAYMENT If the Architect 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 Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended molt, f AIA Document A201TM - 2007. Copyright AL 1911, 1915, 1918,1925, 1937, 1951, 1958, 1961,1963, 1966, 1970, 1976, 1997, 1997 and 2007 by The American i rsi luta of Atctikiecis. All rights reserved, WARNING: This AIA'. nocumenl is protected by U.S, Copyright Law and fnLorna:Ional Traatit . Unrtutharixod reproducIon or dIslribUtfon of this AIA' 6ocwr aril. or any portion O1 Ir, my rrsvl! ir$ 45vare atvll and erlrnlnai pgnnq{os, Pod INN Po prc;etulod'to 1hr' maximum extent possible under the law. This document was produced by AIA software at 15:37:14 on 0812312017 under Order No. 0517421750 which expires an 0412512018, and is not for resale. User Notes: (3B0ADA19) appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut- down, delay and start-up, plus interest as provided for in the Contract Documents. § 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 Architect 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 Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect'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 Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 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 such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 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 as required under Section 11.3.1.5 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 Architect 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 Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect 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 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect Init, f AIA Document A201"' -2007. Copyright ® 1911, 1916, 1919, 1925, 1937,1951, 1950, 1961, 1983, 1966, 1970, 1976. 1907, 1997 and 2007 by The American 1n68lule of fUchitects, All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A1A° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extant possible under the law. This document wee produced by AIA software at 15;37:14 on 0812312017 under Order No, 0517421750 which expires on 0412512018, and Is not for resale. User Notes: I3B9ADA18) will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on -site visits and inspections, the Work has been completed in accordance with terms and conditions of 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 Architect'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. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (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, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial 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 and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, 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. 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. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of fmaI 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; or .3 terms of special warranties required by the Contract Documents. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material 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 or the Contractor's Subcontractors or Sub - subcontractors; 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. Init. AK Document A201' —2007. Copyright ® 1911.1915, 1918, 1926. 1937, 1951, 1958, 1981, 1963, 1956, 1970, 1976. 1987,1997 end 2007 by The American InaIiluta crArchiletls, All rights resented, WARNING. This.AIA'- DaCtlrrlerrl lb prnlatled by 13.5. Copyright Ur, and Inlamnt[orral "rfvatlas. Urlaulhaixed reproduction or distribution of this AIM' Document, or any portion of it, may rtisull In sOlera civil and Criminal pnnallivs. and will bo p.rusuCulo-d Ics ihv maximum extent possible under the law. Tills document was produced by AIA software at 1 8:37:14 on 08/23/2017 under Order No. 0517421750 which expires an 0412512018, and is nct for resale. User Notes: (3t39ADA18) § 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 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 owners and users of adjacent sites and utilities. § 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, except damage or loss attributable to acts or omissions of the Owner or Architect 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 to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.13. § 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 Architect. § 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, written notice of such 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 § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. 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 report the condition to the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor's written 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 Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect 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 Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect 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 in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. init. AIA Document A201 TM — 2007. Copyright ® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,1987, 1997 and 2007 by The American Institute of Ar.hilents, All rights reserved. WARNING: This AIIk Document is protected by U.S. Copyright Law and Intemnti,iiad Trontles. Unauthorized reproduction or distribution of this AIM' Document, or any portion of it, may result in s'woro civil and criminal pmnalliea, and will bo prosccutr.d to the maximum extent possible under the law. This document wee produced by AIA software at 15:37;14 on 08/23/2017 under Order No. 0517421750 which expires on 04125/2018. and is not for resale, User Notes: (389ADA18) § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for 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 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 indemnify the Owner for the cost and expense the Owner incurs (I) for remediation of a material or substance 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 indemnify the Contractor for all cost and expense thereby incurred. §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 LIABILITY INSURANCE § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 Claims under workers' compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of completed operations; and .8 Claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor's completed operations coverage, until the expiration of the period for correction Init. AIA Document A201 ' — 2007. Copyright t6 1911, 1915, 1919, 1925, 1937. 1951, 1958,1981. 1983. 1966, 1970, 1976, 1987, 1997 end 2007 by The American institute o! ArelllleCts. All rights reserved. WARNING; This AIA' nucumenl Is prutacted by U.S. Copyright Law and InLe.rnnllunal rreaiics. Unauthurixed reproduction or distribution of this AIA° Document, or any portion of II, may rosvlt Insovero civil and criminal µcna€lies. and will be proseculed in thfl maximum extent possible under the law. This document was produced by AIA software al 15:37:14 en 06/2312017 under Order No. 0517421750 which expires on 0412512019, and Is not for resale. User Notes: (3B9ADA18) of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. § 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents 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 during the Contractor's completed operations. § 11.2 OWNER'S LIABILITY INSURANCE The Owner shalt be responsible for purchasing and maintaining the Owner's usual liability insurance. § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Project. § 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. § 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub -subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. § 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. § 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or Init. 1 AlA DocumentA201TM -2007. copyright® 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 end 2007 by The American lnsliluln of Architects. All ri8his reserved. WARNING: This AIA" Qacurnent is pi -elected by U.S. Cvpyrlght Law and International Trestles. Unauthorized reproduction or distribution of this AIM' Document, or any portion of ii, may result in severe civil and criminal prnallics, and will ha prosoculad to the maximum extent possible under the law. This document was produced by AIA software at 15:37:14 on 08123/2017 under Order No. 0517421750 which expires on 04/26/2018, and is not for resale. User Notes: (3B9ADA18) otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.3.2 BOILER AND MACHINERY INSURANCE The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub -subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 LOSS OF USE INSURANCE The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3,5 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, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at !east 30 days' prior written notice has been given to the Contractor. § 11.3.7 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub -subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub - subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under the Owner's property insurance 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 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. § 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Init. ALA Document A2011, -2007, Copyright* 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved, WAdiNENG: This Alt'- nocemnnt fr; protected by U.S. Copyright Law end International Troches. Unauthorized reproduction or distribution of Mil., A!A' Dominion!, or any portion of PI, may rasu4t In severe civil and crimleol ps,ullfeg,ond will be prosecuted la the maximum extent possible under the law. This document was produced by AIA software at 15:37:14 on 08/23/2017 under Order No, 0517421750 which expires on 04125/2018, and is not for resale. User Notes; (3B9ADA18) Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators. § 11.4 PERFORMANCE BOND AND PAYMENT BOND §11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. § 11.4.2 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. 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 Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect'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 Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. if such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. § 12.2 CORRECTION OF WORK § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after 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 Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 122.2 AFTER SUBSTANTIAL COMPLETION § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an 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 written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-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 Architect, the Owner may correct it in accordance with Section 2.4. Intl. AlA nocumont A201 ^r — 2007. Copyright O 1911, 19'15.1015, 1025, 1937, 1951. 1959, 1961, 1963, 1965. 1970, 1076, 1907, 1007 and 2007 by The AmaAcan inetilutnof Archhiecis.All rights reserved. WARNING: This AlA DOcurtant ib proteclod by U.S. Cepyrighl Lew and In1amollvr1al Trea!Eex, Unatrtharixvd .33 reproduction or distribution of this AIM' Document, or any portion of lt, may result In stivura ciwit and crimfnal panxIIli s, a rd "Ali by pru5ecuto-d to Iho maximum extent possible under the law. This document was produced by AlA software al 15:37:14 on 08/23/2017 under Order No. 0517421750 which expires on 0412512018, and Is not for resale. User Notes: (3B9AOA18) § 12.2.2.2 The one-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. § 122,2.3 The one-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, whether completed or partially completed, of the Owner or separate contractors 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 one-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. § 12.3 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. 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 place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. § 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 such 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 such assignment. § 13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice, § 13.4 RIGHTS AND REMEDIES § 13.4.1 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, § 13.4.2 No action or failure to act by the Owner, Architect 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 there under, except as may be specifically agreed in writing. Init. ALA Document A201 "' -2007. Copyright © 1911, 1915, 1916, 1925, 1937,1951, 1958,1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International irrattes_ UrramAhim vzed reproduction or distribution of this AlAe Document, or any portion of It, may result in severe civil and criminal penalties, and wdll he F1405 mauled !v kin maximum extent possible under the law. This document was produced by AIA software al 15:37:14 on 08123/2017 under Order No. 0517421750 which expires on 04/2512018, and Is not for resale. User Notes: (3139ADA18) § 13.5 TESTS AND INSPECTIONS § 13.5.1 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 Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Architect 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 Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner's expense. § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 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 Architect's services and expenses shall be at the Contractor's expense. § 13.5.4 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 Architect, § 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6 INTEREST Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. § 13.7 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. 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 or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, 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; init. ALA Document A201114— 2097. Copyright O1911, 1915, 1918.1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American institute of Architects. All rights reserved, WARNING: This AIM' Document Is protected by U.S, Copyright Law and International Treaties; Unauthorized reproduction or distribution of this AIM 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 document was produced by AIA software at 15:37:14 on 08/23/2017 under Order No. 0517421750 which expires an 0412512016, and is not for resale. User Notes: (S69ADA18} .3 Because the Architect 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 promptly, upon the Contractor's request, reasonable evidence as required by Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, 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' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor 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' written notice to the Owner and the Architect, 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 for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .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 above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, 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' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .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 fmished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect'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. 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. init. AM Document A201"' -2007. Copyrights 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute or Architects. All rights reserved. WARNING: This AIM' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 36 reproduction or distribution of this AIAe Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted 1a the maximum extent possible under the law. This document was produced by AR software at 15:37:14 on 0B/23/2017 under Order No. 0517421750 which expires on CS/25/2016. and is not for resale. User Notes: (3n9ADA18) § 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 as described in Section 14.3.1. 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 written 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 Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. 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, 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. § 15.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3 CONTINUING CONTRACT PERFORMANCE 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. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 15.1.4 CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.5 CLAIMS FOR ADDITIONAL TIME § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein 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. § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. Init. AlA Document A201TM —2007. Copyright © 1911, 1915. 1916,1925, 1937, 1951. 1958, 1961, 1963, 1966, 1970, 1976, 1987,1997 and 2007 by The American Instilule of Architects_ AFI rights rnsnrved. WARNING: This AIA' aocumarit is protected by U.S, Copyright Low end International 7roetic%Unauthorized reproduction or distribution of this AIA, Document, or any portion of it, may rosuir it soma civil and crirFnal penalties. and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:14 on 08/23/2017 under Order No. 0517421750 which expires on 04/2512018, and is not for resale. User Notes: (3B9ADA18) § 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES 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. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 INITIAL DECISION § 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. The Architect 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 arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no 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 such 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 Architect, if the Architect 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.I. § 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. if such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. init. AMA Document A2011" —2007. Copyright ® 1911, 1915, 1918,1925, 1937, 1951, 1958, 1981. 1983, 1966, 1970, 1978, 1987.1997 and 2007 by The American Institute of Architects. All rights reserved, WARNING: This ALA° Document Is protected by U.S. Copyright Law and Intematlbnal Treaties. Unauthorized reproduction or distrlbutlen of this AIA° nocumenl, 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 document was produced by AIA software at 15:37:14 on 08/23/2017 under Order No. 0517421750 which expires on 04/25/2018, and Is not far resale. User Notes: (399ADA18) § 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. § 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 15.1.6 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 administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. 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, If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 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. § 15.4 ARBITRATION § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 CONSOLIDATION OR JOINDER § 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an Init. AIA Document A201 "' —2007. Copyright o 1911, 1915, 1918, 1925, 1937, 1951, 1958. 1861, 1963, 1866, 1970, 1976, 1967, 1997 end 2007 by The American Institute oiAftJritatls, All rights restrveCI. WARNING Mrs DMUMS nt Is prolveted by t1.$. Co L w And IntornatIonol Treaties, Una ulhorized reproduction or distribution of this AKA° Document, or any portion of it, may recull fn eruaro civil end criminal pencNlas, and wIII be prosoculad 10 Ihu maximum extent possible under the law. This document was produced by AIA software at 15:37:14 on 00/2312017 under Order No. 0517421750 which expires on 04/25/2018, and is not for resale. User Notes: (3a9ADA18) additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner end Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Contractor under this Agreement. Init. 1 AIA OoCUmenl A201' - 2007. Copyright dr 1911, 1915.1918, 1925, 1937,1551, 1556, 1961, 1963, 1966, 1970, 1976, 1987, 1507 and 2007 by The American inatiLuto of Amhilecte. All tights reserved, WARN RIG: lists ALAr Document is protected by U.S. Cop yrEghf Law acid InterneitonaiTreaties. Unauthorized reproiiuc dorm or dislrib'Akan of ihi, AIA'- DocupO nr, or any portion of it, may resud In severe elvti and criminal penalties, and will tam prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:14 on 08/2312017 under Order No, 0517421750 which expires on 04/2512018. and is not for resale. User Notes: (3B9ADA18) EXHIBIT A REQUEST FOR PROPOSAL WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: APRIL 26, 2017 PROPOSAL NUMBER: #B1700098 DESCRIPTION: NUNN GRADER SHED DEPARTMENT: BUILDINGS & GROUNDS MANDATORY PRE -PROPOSAL CONFERENCE DATE: MAY 10, 2017 OPENING DATE: MAY 16, 2017 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: Nunn Grader Shed A mandatory pre -proposal conference will be held on Wednesday, May 10, 2017 A 1:30 p.m., at the Weld County Buildings & Grounds Dept, 1105 H St, Greeley CO 80631. Bidders must participate and record their presence at the pre -proposal conference to be allowed to submit bids. Proposals will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: Thursday. May 25, 2017, A10:00 am. (Weld County Purchasinr.Lrime Clock). PAGES 1 — 8 OF THIS REQUEST FOR PROPOSAL CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1.8 MAY BE APPLICABLE FOR EVERY PURCHASE, PROPOSAL SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO PROPOSE: Weld County requests proposals for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Proposals shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the vendor will expect the Weld County to pay if awarded the proposal. You can find information concerning this request at two locations: On the Weld County Purchasing website at http;ilwww.co,weld.ca.us/Departments/Purchasin€tlindex.html located under "Current Requests". And, on the Bidnet Direct website at ww vbidnetdircct corn. Weld County Government is a member of BidNet Direct, BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Prosresai O djvery_to.Weld County — 2 thud : 1. Email, Emailed proposals are preferred, Proposals may be emailed to: bids @ w e I d g a v , c o m , Emailed proposals must include the following statement on the email: "I hereby waive my right to a sealed proposal". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the proposal is requested, you must submit/mail hard copies of the proposal. 2, Mail or Hand Delivery. Mailed (or hand delivered) proposals should be sent in a sealed envelope with the proposal title and proposal number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631. Page 1 of 17 EXHIBIT A Please call Purchasing at 970-400-4222 or 4223 if you have any questions. 3. INSTRUCTIONS TO VENDORS - INTRODUCTORY INFORMATION: Proposals shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each proposal must give the full business address of vendor and be signed by him with his usual signature. Proposals by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Proposals by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A proposal by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the proposal of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished, A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Vendor. All corrections or erasures shall be initialed by the person signing the proposal. All vendors shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this proposal as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the proposal forms shall be suitably filled in. Vendors are required to use the Proposal Forms which are included in this package and on the basis indicated in the Proposal Forms. The Proposal must be filled out completely, in detail, and signed by the Vendor, Late or unsigned proposals shall not be accepted or considered. It is the responsibility of the vendor to ensure that the proposal arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Vendors." Proposals received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a proposal not properly addressed and identified. Proposals may be withdrawn upon written request to and approval of the Weld County Director of General Services; said request being received from the withdrawing vendor prior to the time fixed for award. Negligence on the part of a vendor in preparing the proposal confers no right for the withdrawal of the proposal after it has been awarded. Vendors are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the vendors' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County vendors in all cases where said proposals are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when It is accepting proposals for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all proposals, to waive any informality in the proposals, to award the proposal to multiple vendors, and to accept the proposal that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The proposal(s) may be awarded to more than one vendor. In submitting the proposal, the vendor agrees that the signed proposal submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), the successful vendor's response, and the formal acceptance of the proposal by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the proposal by Weld County, The County may require a separate contract, which if required, has been made a part of this RFP. 4. SUCCESSFUL VENDOR HIRING PRACTICES — ILLEGAL ALIENS: Successful vendor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful vendor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, PROPOSAL NO #B1700098 Page 2 Page 2 of 17 EXHIBIT A through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful vendor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful vendor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful vendor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful vendor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful vendor shall notify the subcontractor and County within three (3) days that Successful vendor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful vendor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful vendor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful vendor participates in the State of Colorado program, Successful vendor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful vendor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful vendor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program, If Successful vendor fails to comply with any requirement of this provision or of C,R.5. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful vendor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S § 24-76.5-103(3), a Successful vendor receives federal or state funds under the contract, Successful vendor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76,5-103(4), if such individual applies for public benefits provided under the contract. If Successful vendor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R,S, § 24-76,5-101, et seq,, and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS: A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the proposal, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year B Confidential Information: Confidential financial information of the vendor should be transmitted separately from the main proposal submitta, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, the successful vendor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. If Weld County receives a CORA request for proposal information marked "CONFIDENTIAL.", staff will attempt to contact the vendor in order to allow the vendor to seek an appropriate court order preventing disclosure. Without such an order, Weld County will release the requested information in accordance with CORA. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful vendor shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful vendor nor any agent or PROPOSAL NO #B1700098 Page 3 Page 3 of 17 EXHIBIT A employee thereof shall be deemed to be an agent or employee of Weld County. The successful vendor and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful vendor or any of its agents or employees. Unemployment insurance benefits will be available to the successful vendor and its employees and agents only if such coverage is made available by the successful vendor or a third party. The successful vendor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful vendor shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful vendor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful vendor shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only, H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful vendor, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful vendor. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful vendor agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful vendor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Proposal within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful vendor's completion of the responsibilities described in the Proposal. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful vendor shall be the basis for additional compensation unless and until the successful vendor has obtained written authorization and PROPOSAL NO #81700098 - Page 4 Page 4 of 17 EXHIBIT A acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful vendor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful vendor, The successful vendor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful vendor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful vendor by the terms of this Agreement, and to assume toward the successful vendor all the obligations and responsibilities which the successful vendor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful vendor and the successful vendor shall cooperate in such process. The successful vendor shall be responsible for the acts and omissions of its agents, employees and subcontractors. Q. Warranty: The successful vendor warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful vendor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. The vendor warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful vendor shall warrant that he has title to the goods supplied and that the goods are free and clear of all hens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful vendor shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Vendor shall submit with their proposals the following information pertaining to the equipment upon which the proposals are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful vendor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful vendor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful vendor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or PROPOSAL NO #Bt700098 Page 5 Page 5 of 17 EXHIBIT A beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful vendor's services and the successful vendor shall not employ any person having such known interests, During the term of this Agreement, the successful vendor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful vendor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful vendor nor any member of the successful vendor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful vendor's operations, or authorizes funding to the successful vendor. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void, V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful vendor's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted proposal. The successful vendor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld X. Taxes: County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful vendor hereunder and the successful vendor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS: Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested, Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional, Contract Professional shall be responsible for the payment of any deductible or self - insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the PROPOSAL NO #61700098 Page 6 Page 6 of 17 EXHIBIT A work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors, The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, sults, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance_ The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract, PROPOSAL NO #81700098 Page 7 Page 7 of 17 EXHIBIT A Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised far a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional_ Insureds; For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contract Professional, Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that ail subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entitles upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Proposal and in the Response to the Proposal each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. PROPOSAL NO #B1700098 Page 8 Page 8 of 17 EXHIBIT A Weld County Government Nunn Grader Shed Design -Build Bid Weld County Government is soliciting proposals for a design build contractor for the construction of a Nunn Grader Shed. The location of the project is on County Road 96 between County Road 35 and County Road 37 Weld County, CO, commonly known as 17605 CR 96 Nunn, CO 80648. This will be a design -build turn -key project, The scope of the project includes: The purpose of this RFP is to obtain statements of qualifications and to solicit fee proposals from firms who wish to provide the services requested in this RFP. The County desires to retain a Design Build Team to perform Design, construction and construction management services for all phases of the work consisting of improvements including, without limitation, the following work: • Design Services • Building Construction • Construction Management PRELIMINARY SCHEDULE Date of this RFP Advertisement Date (on BidNet Direct) Pre -bid conference Proposals Are Due Contract Award Notice Pre-Const. Services Commence Construction Substantial Completion Final Completion April 26, 2017 April 26, 2017 May 10, 2017 @ 1:30 p.m. May 25, 2017 @ 10:00 a.m. June 12, 2017 Immediately upon notice of award August 5, 2017 December 1, 2017 Projected date of December 31, 2017 The successful Bidder will be required to furnish, as part of the Contract Documents, an insurance certificate in the amount specified in the Contract Documents, a Performance Bond and Labor & Materials Payment Bond, each in an amount equal to 100% of its Contract price including Force Account items, said bonds to be issued by a responsible corporate surety approved by the Board of County Commissioners and shall guarantee the faithful performance of the Contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the County from claims and damages of any kind caused by the operations of the Contractor. The Board of Weld County Commissioners reserves the right to reject any or all bids, to waive any informality in bids, and to accept the bid that, in the opinion of the Board, is in the best interests of the Board and of the County of Weld, State of Colorado. GENERAL DESCRIPTION 1. Design -build a steel frame building 50' x 100' x 16' tall building (no windows) with appropriate tenant finishes. 2. Design -build a steel frame building 30' x 40' x 16' tall building for storage of sand materials. 3. Side walls and roof system should be o 24-26 gauge (minimum) painted steel. 4. Appropriate trim (ridge, rake, eave, corner, etc.) installed to provide a finished appearance. 5. Colors must be approved by Director of Buildings and Grounds from standard color scheme. 6. Sand Building shall have a concrete stem wall 5 feet tall around the three sided perimeter. 7, Appropriate girts, purlins, carriers, and grade boards as detailed by engineered design 8. This is to be a turn -key design -build construction project. PROPOSAL NO #B1700098 Page 9 Page 9 of 17 EXHIBIT A 9, Contractor will be expected to utilize and architect and engineering firms to provide the design phase followed by a Guaranteed Maximum Price, and then a construction phase. 10. Contractor will be required to provide appropriate engineered structural fill for the full 5 acres to include a minimum of two feet of fill and appropriate compaction meeting engineered design. Exact amount of fill will be determined during design phase and before GMP. 11. Contractor will required to coordinate a standard domestic water well drilling. Cost of the well will be on a pass -through basis to the County. 12. Contractor will be responsible for connection of pump, wiring and piping from the domestic water well to the new grader shed. 13. Contractor will be required to install jersey barriers around well head to protect it from future damage. 14, Contractor will be required to install a complete septic system. 15. Contractor will be required to install a fuel tank system, 16. All construction must be permitted and comply with County Building codes. Fees for permitting through the County will be paid for by the County directly and should not be included in your proposal. 17. Contractor will coordinate all utility installations and startup. Contractor will be responsible for all utility connections and installation. Fees for utility startup will be paid by County directly to utility provider. 18. Geotechnical and soils testing for construction have been performed and are attached to this bid. 19. All foundation/site work and soil compaction will be verified by County's third party inspector prior to any vertical erection. 20. Pitch on both buildings must be a 4/12. 21. Project shall include all architectural, engineering, site work, electrical, plumbing and tenant features. 22. Bid bond is not required. 23. Payment and Performance bond required. EXTERIOR DESCRIPTION 1. There will be one exterior hose bib. This bib shall have an internal valve to isolate during cold weather months. 2. The building access will consist of three steel framed and solid steel doors (3070) with thresholds and weather stripping, Doors to be located at center bay and building corners. The door hardware will be consistent with allowing a Stanley Best key core to be utilized. 3. The building will have three insulated garage doors installed. Both sided of doors will be metal clad. These will be powered with appropriately sized commercial grade electric operators, The doors are to be 20 -feet wide and 14 -feet tall with weather stripping. 4. 500 gallon propane tank must be installed to service the facility. Schedule 40 black pipe to feed radiant heaters, 5, Contractor will design and build the septic system in accordance with current codes to support the facility. 6. There will be a 5' thick (minimum) sealed concrete floor reinforced with 6" x 6" x 10 gage wire mesh. 7. There will be a 6" thick (minimum) sealed concrete apron reinforced with 6" x 6" x 10 gage wire mesh. The apron will run the width of the building and extends five feet from the building This apron will be located on the garage door side. 8. Facility is to be completely fenced with three strands of barbed/smooth wire fencing. H -posts are to be treaded and line posts can either be treated or metal T -posts. There will be two 12 -foot gates at main entry to site. 9. There will be a fuel tank located adjacent to the building and allow for a motor grader to access it. The general contractor will install the power wiring to/from the building and the tank, Power shall be switched to allow the tank to be turned off from inside the building. 10. Contractor is responsible to provide bollards to surround fuel tank. RESTROOM DESCRIPTION 1, There will be two 8' x 8' x 8' tall restroom. 2. It will include a water closet and lavatory. 3. All interior water fines will be copper. 4. Floor finish: sealed concrete. 5. The room's walls and ceiling will be insulated (R-11, minimum). PROPOSAL NO #81700098 Page ICI Page 10 of 17 EXHIBIT A 6. The wall finish (interior & garage side) will be taped, textured with orange peel finish, and paint sheetrock. Color approved by County representative, 7, The door will be solid type with all hardware and a privacy function lever set. 8, There will be an electric baseboard heat located in the room that is thermostatically controlled. 9, Waste lines will be schedule 40 to septic tank. Engineered leach field required. If tank is located in path of vehicle travel, must be rated for such. 10. A 5 gallon electric water heater. 11. The restroom will be finished with a 23/32" OSB deck on top to allow for storage of small items above room. A short stem wall 4 -feet tall (minimum) will surround the storage area (except for ladder access point) 12. There will be a ladder affixed to the garage side of restroom wall to allow access to this storage area. INTERIOR DESCRIPTION 1. The entire building will be insulated. Minimum insulation will be R-19 (minimum) on exterior walls and R-30 (minimum) in ceiling. Wall insulation will be faced on exposed side with white colored WMP-VR R Insulation Facing (or equivalent) 2. There will be one 8' x 8' office. 3. The garage portion of the building will be heated by radiant tube heaters which are thermostatically controlled, Vented exhaust and fresh air intake required. One heater located over each garage door bay areas. Overhead clearance shall remain 14' minimum. 4. Building will have a 6" thick (minimum) concrete floor reinforced with 6" x 6" x 10 gage wire mesh. Saw cut crack control joints. Seal floor 5. There will be 6" steel pipe (or 6" I-beam) bollards installed at various locations. a, Three pair (6 total) will be installed at each bay at the end opposite of each garage door " 24" from the wall. Each pair will be spaced four feet apart and be centered on each bay. b. Two each will be installed at the garage doors entries/exits jambs. 6. All bollards will be buried below frost line AND filled with concrete. 7. There will be one interior hose bib and one exterior hose bib (center on front of building). 8. Interior walls will have an 8 -foot tall liner panel constructed out of the same metal siding as the exterior (color: white), The liner panel will run the entire perimeter and be finished with appropriate trim. ELECTRICAL DESCRIPTION 1. Electrical outlets will be required and will consist of 120 -volt and 220 -volt. Placement and quantity will be identified during design phase. 2. There will be an exterior wall light at the walk-in doors. 3. There will be dusk -to -dawn lights centered over the garage doors. 4. Electrical will be supplied to the fuel tank system which shall include the ability to shut off the tank via a switch inside the building. 5. The garage area will be illuminated T-8 light fixtures. 6. Fuel Island shall have a dusk -to -dawn light pole that will operate separate from the fuel tanks switch. 7. Fuel tank is to have an exterior emergency power off switch. 8. Electrical outlets to power two garage door operators. 9. Emergency Exit signs, as required, 10. Along one wall will be a work area and will require a row consisting of three each two -bulb T-8 fixtures that are on a separate light switch. They will over hang a work bench that will be provided by owner. 11. Exterior outlets will be provided at the garage door side. 12. Outlet will be provided on the side between the grader building and the sand shed. 13. Sand shed shall have interior controlled by a switch and exterior dusk -to -dawn lights PROPOSAL NO #B1700098 Page 11 Page 11 of 17 EXHIBIT A SCOPE OF SERVICES The intent of this section is to highlight in general terms the nature and scope of the work to be performed. 1 DESIGN SERVICES a. Provide a conceptual design for the project. b. Provide structural fill analysis and design for fill of 5 acres. c. Civil engineering and site planning, as required. d. Prepare submittals to governing agencies for approval. e. Provide a schematic design package. f. Provide a design development package. g. Provide full and complete construction documents. h. Provide construction administration. i. Attend weekly design and construction meetings. j. Prepare building permit submittal, and assist in obtaining the permits. Make Building Department requested revisions. k. Provide an estimate of "reimbursables" that would be required for this project. I. Provide hourly rates for "additional services." m. Provide a design schedule n. Include all costs for architectural design services, programming, civil engineering, structural engineering, mechanical engineering, electrical engineering, and all other "consultant" fees in the proposal, The Design Build Team must have demonstrated the ability to perform a project of this scope. As construction documents are completed, the firm will be expected to provide a construction budget including a Guaranteed Maximum Price ("GMP"). The County believes it is crucial that the firm be a member of the project team and participates along with the architect and the consultants in the design process. 2. PRE -CONSTRUCTION SERVICES: a. Conceptual Estimate b. Project Development Schedule established that includes the applicable regulatory, agency, outside entity, project team and County activities. Construction Schedule developed which includes all critical design/engineering and construction activities and identifies delivery issues. Advise the County of a plan to manage such delivery issues. c. Continually review (prepare reports, recommendations, etc.) all design documents in regard to budget, constructability, completeness and coordination. d. Monitor budget and schedule throughout the design phase and advise the County when corrective action is required related to both design progress and casts. e. Provide value engineering during design studies. f. Evaluate the availability and supply of labor and advise the County of potential impacts. g. Develop proposal request packaging/phasing strategy including outreach program for work by trade contractors. h. Develop procedures for issuing proposal requests and prepare documents/scopes for the County Review. i. Conduct pre -proposal conferences j. Review, analyze proposals results and recommend award to successful respondent k. Develop management reporting procedures to be used during construction, (costs/schedules, etc.), I. Establish job site survey controls prior to mobilization. Coordinate surveys, geotechnical investigations and other pre —mobilization activities. m. Provide any other Pre -construction services as may be required by Weld County. n. Contractor will provide programming services during the design phase. The programming and design phase could require extended time with multiple plan revisions PROPOSAL NO #B1700098 Page 12 Page 12 of 17 EXHIBIT A 3. CONSTRUCTION PHASE: The Design Build Team will manage and coordinate all construction activities, obtain competitive subcontract and material bids and have the opportunity to competitively bid portions of the work the contractor is qualified to self -perform. During this phase the Design Build will provide without limitation, the following services: a. Design Build Team 1) Monitor costs and prepare monthly project cost reports. 2) Quality control, 3) Coordination of all on -site activities including commercial contractors, subcontractors, utility companies and coordination of all work related to, in close proximity to or adjacent to the site which may impact the work on this project. 4) Vendor drawing administration. 5) Change Order management 6) Preparation of monthly pay application. 7) Preparation and coordination of infrastructure acceptance submittals. 8) Close out documentation Notice of Final Settlement process. 9) Any other construction services as may be required by Weld County. b. General Condition Services 1) Complete field staff and support, temporary facilities. 2) Equipment and support not in direct cost. 3) Manage permits held by Owner. 4) Issue and manage agreements for testing and inspection services, surveying, etc, 5) Coordination with utility companies. 6) Support design team. 7) Performance, labor, material & payment bond will be required. PROPOSAL DOCUMENTS Please submit an original AND one (1) copies of your proposal signed by a person authorized to bind the party. The proposals shall be organized as outlined below: A. Firm(s) Information: 1) Identify which office (Contact Office) will be responsible for the project. 2) Provide a staffing chart showing proposed organization for this project. 3) Provide a list of proposed firms to be used in design services for the following: Civil, HVAC, Electrical, Mechanical, and Plumbing. 4) Provide resumes of personnel who will be involved on the project. Weld County reserves the right to interview designated project personnel. 5) No changes in the approved project personnel will be granted unless agreed to by Weld County, 6) Provide a detailed financial statement of the Firm, including a bank reference and credit available and furnish any other information that may be required by the County. If Firm does not wish its financial information to be a public record, please place in an envelope and label as "Confidential". Failure to do so may result in said financial information being publicly disclosed. 7) Provide copy of certificate of insurance and limits of public liability under insurance. 8) Provide any and all information regarding any lawsuits pending or threatened against, you, your firm or any of the principals or joint ventures. 9) Provide your company's bonding limitations. PROPOSAL NO #B1700098 Page 13 Page 13 of 17 EXHIBIT A B. Firm's Experience 1) Provide a brief summary of like work your firm has undertaken as a Design Build Contractor. Note: Do not use prior projects conducted for Weld County government. 2) List the owner, type of project, address and contact name for references and telephone numbers, 3) Indicate whether your contract was a prime or involved a joint venture with another firm and whether construction management, general contracting, design build, or a combination or other services were involved. C. Current Workload Provide a list of current project commitments by your proposed team and proposed individuals, including the status of such projects. Identify the owner's representative, address and phone number for each project. D. Services: 1) Indicate if your firm has provided Design Build projects. 2) In addition to the activities listed under "Scope of Services", section "2, Construction Phase" above, provide a list of any additional construction management, general condition and/or coordination services you believe will be necessary to successfully complete this project E. Construction Methods Indicate which elements of work or other services your firm is capable of performing with its own forces. Please note Weld County reserves the authority and right to require the Design Build Contractor to bid self -performed work in competition with available qualified subcontractors, F. EVALUATION CRITERIA The following criteria will be used to evaluate the proposal submitted in response to this Request for Proposal: A Prior experience of firm and key staff on a similar project. B. Quality and experience of people assigned to the project — project manager, superintendent, design team, etc, C. Current workload, organizational depth and ability to deliver the project within the project's timeframe. D. Demonstrated ability to work with design team providing conceptual estimating, value engineering, constructabillty, and scheduling services. E. Ability to provide the County a GMP for general conditions and/or the entire project and financial strength of the firm to stand behind the GMP. F. Demonstrated ability to construct a project such as this to meet cost, schedule and quality goals. a Proven track record with job safety. H. Completeness of the response to this RFP. I, Fee proposals and general conditions estimate. Each response must include all information and documents required by this RFP. Failure to furnish all required information and documents may result in the rejection of the proposal, G. Fee Proposal; The County anticipates entering into a Guaranteed Maximum Price (GMP) Contract plus a fee Additional phases of work may be amended to the contract. PROPOSAL NO #B1700098 Page 14 Page 14 of 17 EXHIBIT A 1) Identify the Fee your firm proposes to provide Design Build services described in this RFP. The fee is to be based on cost of work for the Building and site work. 2) Provide an estimate of general condition costs for the project for the services described in this RFP. 3) Provide a cost estimate for the pre -construction phase services and how you intend to charge for these services. Include an estimate of non -personnel expenses in similar format to formulate the estimate of total cost. 4) Provide a list of salary/wage rates for personnel proposed for this project. Indicate the base wage or salary and applied Direct Personnel Expense to formulate a total hourly billing rate and monthly billing rate for each supervisory/administrative individual proposed for involvement in either the pre - construction phase or construction phase of the project. 5) Provide a schedule of current bond premium rates and confirmation of the current bonding capacity of your firm. Complete the fee proposal below for your bid. Assumptions are the contractor's assumptions far completing this job. The fee proposal should be provided in either a percentage of the GMP or a Lump Sum. if you have additional fees, provide attachments detailing those fees. FEE PROPOSAL A. Bidder Assumptions 1, Construction Budget (including general conditions, fees, contingency, bonds and insurance). Estimated GMP 2. Construction Duration Estimated # of Months B. Fee Proposal % Or Lump Sum 1. Pre -Construction % $ 2. Design Fee % $ 3. General Conditions % $ 4. Construction Management Fee % $ 5. Bonds (Attach schedule) °f° $ 6. Other (describe on additional % $ sheet) NOTE: Winning contractor will be expected to enter into a standard AIA contract for this design -build project. PROPOSAL NO #B1700098 Page 15 Page 15 of 17 EXHIBIT A The undersigned, by his or her signature, hereby acknowledges and represents that; 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #81700098. 2 The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3 He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE FAX TAX ID # **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 14. PROPOSAL NO #B1700098 Page 16 Page 16 of 17 EXHIBIT A Below are additional answers to questions that occurred for the Nunn Grader Shed Bid (B1700098). 1. When converting from design to GMP how many bids are needed? ANSWER: Three bids minimum are required for this process (including self -performed work), The results of the bids must be presented during the GMP, 2. What size and type of fuel tanks are desired? ANSWER: A 1,000 gallon Unleaded tank and a 5,000 gallon diesel tank. 3. Will owner provide survey or is this a cost of work line item? ANSWER: Needs to be a line item for the contractor to provide this, 4, What will be the review time needed by the County for the SD, DD, and CD packages of drawings? ANSWER: SD (schematic design), DD (design development) and CD (construction documents) will be developed through weekly meetings with owner's representative. All are expected to be fully completed with permits set submitted to Planning/Inspections Department to meet the August 5, 2017 construction start date sated in the bid package. Page 17 of 17 PROPOSAL #61700098 ELD COUNTY NUNN GRADER SHED = = Proposal Response esign/Build Seri/ices Greeley, Colorado I May 25, 2017 EXHIBIT B A Snapshot of the WELD COUNTY Weld County was established in 1861 due in large part to a successful - agriculture industry that continues to thrive even now. Today, the county ranks as number one in the state, selling nearly $1.8 billion annually in agricultural products. Additionally, Weld County is Colorado's third largest county and includes over 30 municipalities. Covering an area of 3,987 square miles in north east Colorado, residents enjoy their growing cities, small towns, and many acres of farm land. Weld County's annual budget for 2017 is $320,175,402. Much of that money is being spent on public safety, infrastructure, community resources, human and economic services, strategic leadership, administration, and public records. is in Weld County's budget for 2017. Weld County has seen substantial growth in the last ten years, with over 30,000 newcomers in the last five years alone. While the Denver Metropolitan Area continues to see increases in the cost of living, Weld County is holding steady below the national average. According to the 2016 United States Census of Weld County, there are 294,932 people residing in 97,822 homes with a population density of 73 people per square mile. LIVING IN 294,932 97,822 RESIDENTS HOMES 73 $70,256 PEOPLE PER MEDIAN SQUARE MILE INCOME POPULATION INCREASE 2007-2017 The largest percentage of citizens in Weld County are Caucasian, with Hispanics being the second largest ethnic group. Diversity in Weld County has shown incredible growth in the last ten years, due to the increase in population. 1.1% 1.5% `' C8% ASIAN TWO OR MORE HISPANIC RACES ' Remaining percentages of population are made up of African American, American Indian, Alaskan Native, and other ethnic identities. CAUCASIAN SOURCES: www.weldgov.com I www.upstatecolorado.org I www.colorado-demographics.com Page 2 of 49 EXHIBIT B COVER LETTER May 25, 2017 Office of the Weld County Purchasing Department Weld County Administrative Building 1150 O Street Room #107 Greeley, CO 80631 Re: Weld County Nunn Grader Shed - Design/Build Dear Selection Committee, HASELDEN A CONSTRUCTION GsGarchitecture The Haselden Construction I GSG Architecture Team is a perfect match for the Weld County Nunn Grader Shed Design/Build project. Besides more than $250M in Design/Build experience, we are proud to have designed or built nearly $400M in projects throughout Northern Colorado, and nearly $300M in municipal work. Our relevant experience is augmented by our perpetual commitment to provide unparalleled design and construction services through a collaborative, engaging, and community -centric process. Our companies focus on relationships as we strive to exceed expectations for our clients. As relationship -driven companies, we add value for our customers, consultants, subcontractors and fellow workers with trust, honesty, sincerity, mutual respect, and integrity. We know that building trust and relationships leads to the most successful projects, with win -win scenarios for everyone. We believe in a transparent, open -book process that facilitates building relationships and credibility. Our experience within various project types, sizes, sectors, and regions affords clients the benefit of accurate, detailed, and highly communicative design, planning, and construction implemented to exceed our client's expectations. Lila Walker, Project Manager Natrona County Schools Collaboration is in GSG and Haselden's most basic infrastructure - and we have integrated successfully previously on various projects throughout Wyoming communities. We are committed to a highly collaborative "Pursue - Plan - Execute" process to ensure seamless transitions and effectively coordinate projects together, incorporating feedback from all project stakeholders as early as possible to maximize value. We are also committed to responsible resource management, and are stewards to our community, the environment, and for the clients we design and build for. We consider ourselves stewards of your funds - that is to say, we make it our goal to maximize the value of every project dollar, ensuring you get the best possible building for your budget, with a design to accommodate your unique needs. With a strong commitment to the Weld County community, relevant project experience, and our inherent understanding of the Design/Build process, we will unequivocally provide exceptional design and construction services. Thank you for this opportunity and please do not hesitate to contact us with any questions. Sincerely, t / f Derek Oliver, Vice President Haselden Construction derekoliver@haselden.com 307.234.9771 r • HASELDEN 6, f c,Nsrnucnux GSGarchitecture James Holloway, AIA, LEED AP, Principal GSG Architecture jholloway@gsgarchitecture.com 307.259.8630 Page 3 of 49 Weld County Nunn Grader Shed - Design/Build 1 EXHIBIT B COVER LETTER The undersigned, by his or her signature, hereby acknowledges and represents that: 1 The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B170D098. 2. The quotations set forth heroin are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets 4. The signed bid submitted, ail of the documents of the Request for Proposal contained herein (including, but riot limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County" and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County FIRM Haselden Construction BUSINESS ADDRESS 330 South College Avenue, Suite 200 CITY, STATE, ZIP CODE Fort Collins, CO 80524 TELEPHONE NO 970.232,2096 FAX 303.751.1627 TAX ID # 30-0956514 PRINTED NAME AND TITLE Derek Oliver, Vice President SIGNATURE E-MAIL derekoliver@haselden.com DATE 05/25/2017 "THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILEw" WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 — 14. 2 Weld County Nunn Grader Shed - Design/Build Page 4 of 49 P # HASELDEN A sonnauctIoN csGarchitecture A. Firm Information B. Firm Experience C. Current Workload D Service E. Construction Methods G. Fee Proposal EXHIBIT B TAB A: 1. Identify which office (Contact Office) will be responsible for the project. 2. Provide a staffing chart showing proposed organization for this project. 3. Provide a list of proposed firms to be used in design services for the following: HVAC, Electrical, Mechanical, and Plumbing. 4. Provide resumes of personnel who will be involved on the project. Weld County reserves the right to interview designated project personnel. 5. No changes in the approved project personnel will be granted unless agreed to by Weld County. 6. Provide a detailed financial statement of the Firm, including a bank reference and credit available and furnish any other information that may be required by the County. If Firm does not wish its financial information to be a public record, please place in an envelope and label as "Confidential". Failure to do so may result in said financial information being publicly disclosed. 7. Provide copy of certificate of insurance and limits of public liability under insurance. 8. Provide any and all information regarding any lawsuits pending or threatened against you, your firm or any of the principals or joint ventures. 9. Provide your company's bonding limitations. Page 6 of 49 NOMIMI JNI WbIA 'd EXHIBIT B A. FIRM INFORMATION HASELDEN CONSTRUCTION, LLC Address: 330 South College Avenue, Suite 200 Fort Collins, Colorado 80524 Telephone: 970.232.2096 Contact Person: Preston Nelson, Director of Planning and Construction prestonnelson@haselden.com P HASELDEN OD A CONSTRUCTION Haselden operates as an LLC with offices in Colorado and Wyoming. The firm is recognized by ENR in the Top 400 General Contractors nationally, as well as the Top 40 Regional Contractors and was awarded the ENR Top Contractor of the Year for Colorado and Wyoming in 2014. Haselden celebrates a strong reputation, impeccable safety record and a steadfast commitment to construction excellence. TOP WORKPLACES THE lit-\atu Purr We are proud to be among the 2016 Top 100 Workplaces by The Denver Post and among Colorado's top family - owned businesses by ColoradoBiz Magazine. Haselden celebrates a strong reputation, impeccable safety record and a steadfast commitment to construction excellence and environmental protection. GSGarchitecture GSG Architecture offers our expertise in the following planning and design services: Master Planning Sustainable/High Owner's Rep Performance Design Interior Design Programming Historical Preservation a Site Evaluation Construction Administration + Architectural Design Feasibility Studies , Graphic Design Space Planning ^ Cost Estimation Furnishings Selection ADA Surveys Construction Documents +...r_; C,iiA. T INFORMATION GSG ARCHITECTURE Address: 3535 West 12th Street, Suite D Greeley, Colorado 80634 Telephone: 307.234.8968 Contact Person: James Holloway, Principal, AIA, LEED AP jholloway@gsgarchitecture.com r HASELDEN II . CONSTRUCTION GSGarchitecture Page 7 of 49 Weld County Nunn Grader Shed - Design/Build 4 EXHIBIT B A. FIRM INFORMATION HASELDEN I GSG Haselden I GSG maintains an organizational structure that is collaborative, open, and maximizes effective decision making. We encourage open dialogue and discussions among the team, and look to individual members for specialty expertise, enabling the team to make the best decisions for the project. In this Design/Build application, Haselden would hold the contract with Weld County, with direct and implied communication between all three entities, seamlessly. Preston Nelson Director of Planning & Construction Brian Livingston Senior Project Manager Ken Baumgartner Director of Preconstruction I r Z Elizabeth Titus Project Manager m t7 m Bobby Calderon Superintendent r I HASELDEN CONSTRUCTION GsGarchitecture James Holloway Principal Matt Newman Project Manager 5 Weld County Nunn Grader Shed - Design/Build Page 8 of 49 r I HASELDEN i Co.„RUCTION GSGarchitecture EXHIBIT B A. FIRM INFORMATION 400 Remington, Suite A Fort Collins, Colorado 80524 970.266.9888 SUBCONSULTANTS: HVAC, MECHANICAL, & PLUMBING The Consulting Engineering Group Formed in 1998, THE CONSULTING ENGINEERING GROUP offers a full scope of building systems, design engineering services, and construction observation, including Heating, Ventilation and Air Conditioning Systems Engineering, Plumbing Systems Engineering, Retrofit Engineering, Peer Review, Value Engineering, Lifecycle Cost Analysis, Building Energy Analysis. Our goal is to provide practical, cost effective and successfully integrated mechanical systems through efficient study and design. By our approach and commitment to a project, we will surpass our competition and exceed the expectation of our clients. Features: Windows based AutoCAD Revit MEP Suite release 2016, Computerized Load Calculations, Engineering Economic and Lifecycle Analysis Programs Insurance: Professional Liability (Errors and Omissions): $1M Per Claim; $2M Aggregate General Liability: $2M Per Occurrence; $4M Aggregate Automobile: $2M Combined Single Limit Company Awards: International Facilities Management Association Colorado Facilities Award of Excellence for Exceptional New Building — Denver International Airport Hydronic Piping Design 2016; Larimer County Building Department - Professionalism, 2002; Fort Collins Museum of Contemporary Art — Renovation of the Historic Post Office Building, 2000. SUBCONSULTANTS: STRUCTURAL ENGINEERING LARSEN Structural Design LARSEN Structural Design is a service -oriented structural engineering firm that brings professional knowledge, practical experience and superior documentation to every project. They are based in Fort Collins, Colorado and registered in six states, Colorado, Wyoming, Kansas, Nebraska, Virginia, and Michigan, with the majority of our work centered in the Northern Colorado region. LARSEN Structural Design projects range from commercial to municipal to high -end residential structural design. Additionally, they have been a part of many successful projects, including laboratories, schools, churches, banks, country clubs, office buildings, retail strips, multi -family housing, single-family residences, and pedestrian and park site structures. LARSEN Structural Design's practical experience is essential in their knowledge and understanding of building structures. These skills assist in providing detailed and complete building plans and a level of service that is beyond compare. They do their job well, on budget, on time and with no excuses. That's LARSEN Structural Design's reputation of service. Their relationship with architects should be straightforward and uncomplicated and theyunderstand their role on the team and want to create the best project possible. lARSENw STRUCTURAL DESIGN 19 Old Town Square #238, Fort Collins, CO 80524 970.568.3355 HASELDEN O, CONSTRUCTION GSGarchitecture Page 9 of 49 Weld County Nunn Grader Shed - Design/Build 6 EXHIBIT B A. FIRM INFORMATION NU „a . 12081 West Alameda Parkway #487 Lakewood, Colorado 80228 720.507.6550 Great Divide Brewery Production Floor SUBCONSULTANTS: ELECTRICAL ENGINEERING enLighten Engineering, LLC enLighten Engineering was established in 2015 with the desire to provide individualized attention to each project and a focus on projects which benefit the Colorado community. enLighten Engineering is a 100% women owned company. They have obtained our Women Business Enterprise (WBE), Disadvantaged Business Enterprise (DBE), Emerging Business Enterprise (EBE) and Small Business Enterprise (SBE) through the City and County of Denver. enLighten has also obtained our Emerging small Business Enterprise (ESB) through the Colorado Department of Transportation and Small Business Enterprise (SBE) through the Regional Transportation District. They offer electrical engineering and lighting design consulting services for new and remodel projects and strive to provide exceptional service and design while maintaining a close watch of green building methods and standards. en Lighten provides services such as; • Power distribution • Short circuit calculations • Interior and exterior lighting design • Lighting control system design SUBCONSULTANTS: CIVIL ENGINEERING Trihydro Corporation Trihydro is a full -service engineering and environmental consulting firm founded in Laramie, Wyoming in 1984. Over the last 32 years, Trihydro has evolved into a national consulting firm with 17 branch offices and more than 400 professional, technical, and administrative/support staff. Trihydro has extensive experience in developing and implementing civil site projects, including planning, surveying, mapping, grading, stormwater management, ADA compliance, infrastructure design, and cost budgeting. For this project, Trihydro will provide Weld County with experienced professionals to prepare the civil site development for the Nunn Grader Shed in a cost-effective manner. Additionally, Trihydro has worked with municipal, state, federal, commercial, and industrial clients throughout the United States. Most of Trihydro's projects have a permitting component, which has allowed them to actively engage with local, state, and federal permitting agencies. • Lighting footcandle calculations • Sustainability & LEED templates • Peer review • Due diligence reports • Revid and autoCAD drafting *Tri hqdro 1537 Riverside Avenue Fort Collins, Colorado 80526 970.492.6022 Trihydro's technical experience, regulatory expertise, and successful project delivery have earned us a reputation as one of the top engineering and environmental firms in the country. 7 Weld County Nunn Grader Shed • Design/Build Page 10 of 49 HASELDEN 1. CONSTRUCTION GsGarchitecture EXHIBIT B A. FIRM INFORMATION CERTIFICATIONS: OSHA 30 -Hour Certification University of Wyoming Robert & Carol Berry Biodiversity Conservation Center PRESTON NELSON Director of Planning and Construction r. Oi HASELDEN CONSTRUCTION As Director of Planning and Construction, Preston will utilize his extensive knowledge of construction to provide logistics, safety, scheduling, planning, preconstruction and field support to the entire team. He will be a consistent presence from the start of your project, during Haselden's Owner Expectation Program kick-off throughout project completion and closeout. Preston has more than two decades of experience in commercial and institutional construction. He is an expert at scheduling and managing personnel as well as overall construction on occupied sites and in challenging locations. Preston has the ability to foresee issues and solve them before they become a problem. PROJECT NAME RELEVANCE Bright Agrotech Laramie, Wyoming Blackmore Market Place Casper, Wyoming University of Wyoming, Marian H. Rochelle Gateway Center Laramie, Wyoming University of Wyoming, Robert & Carol Berry Biodiversity Conservation Center Laramie, Wyoming University of Wyoming, Arena Auditorium Phase II Laramie, Wyoming Wyoming Medical Center, MRI & West Patient Tower Casper, Wyoming HASELDEN CONSTRUCTION GSGarchitecture Page 11 of 49 Weld County Nunn Grader Shed - Design/Build 8 EXHIBIT B A. FIRM INFORMATION 3EDUCATION: y s dF• r , B o Science in che(or Constr,'.ution"°Management, �inivetsity of Soothe n Colorado yCERTIFICATIONS,. 39 -,Hour Cert Certification Construction A Supervisor `Certifcates, Colorado KEN BAUMGARTNER Director of Preconstruction V. HASELDEN CONSTRUCTION Ken will provide oversight for project phasing, budget validation, value engineering, preconstruction estimates and construction planning. He will review estimates; evaluate design concepts; provide ongoing analysis of all building components in terms of quality, durability and value; and offer cost input and recommendations on material and system selection. Ken has over 33 years of experience in the construction industry- seventeen of which have been dedicated to estimating services. His background includes work on a variety of public and private construction projects ranging in size from $100,000 to over $100 million in value. His ability to work closely with the Owner and Architect will ensure that all estimating and costing economics are fully explored. He will also oversee bidding services to make certain that subcontractor selection is successful. PROJECT NAME RELEVANCE Bright Agrotech Laramie, Wyoming NREL Research Support Facility I Golden, CO NREL Research Support Facility II Golden, CO Union Station North Wing Office Building Denver, CO Casper Recreational Center Renovation Casper, WY Laramie High School Laramie, Wyoming 9 Weld County Nunn Grader Shed - Design/Build Page 12 of 49 HASELDEN / [Ox51NIUC,ION GSGarchitecture EXHIBIT B A. FIRM INFORMATION In Progress •Ivinson Memorial Hospital MOB CERTIFICATtOhls eta s A General Contractors N J� nee City of Cheyenne, WY ELIZABETH TITUS Project Manager r. ®i HASELDEN CONSTRUCTION Elizabeth will establish team relationships and initiate services for the project. She will establish the project schedule with the Owner and Project Architect, administer project progress throughout the program duration and monitor schedule and project cost status. In addition to providing overview support for the entire on -site team, she will maintain accountability of the team and orchestrate their actions to the benefit of the project. Elizabeth has authority over all field issues, including structural and scheduling. Elizabeth has been in the construction industry for over 15 years working as a Quality Control Manager, Project Manager, and Superintendent. As a member of the Society of American Military Engineers (SAME), Elizabeth worked on multiple projects for the Warren AirForce Base. She also has experience in residential, hospitality, government, and healthcare industries. PROJECT NAME RELEVANCE Ivinson Memorial Hospital Medical Office Building Laramie, WY Flood and Peterson Addition & Tenant Finish Fort Collins, CO Sinnett Builders Tenant Finish Fort Collins, CO Veterinary Emergency & Rehab Hospital Fort Collins, CO 2419 Custer Apartments Fort Collins, CO Warren Airforce Base Historic Dormitory Buildings Renovation Cheyenne, WY r HASELDEN #. CO S,NucnON GSGarchitecture Page 13 of 49 Weld County Nunn Grader Shed - Design/Build 10 EXHIBIT B A. FIRM INFORMATION EXPERIENCE Construction Industry Training Council arainie high `School BOBBY CALDERON Superintendent Pr, HASELDEN CONSTRUCTION Bobby will be responsible for the overall field direction of construction activities, including the development of and the updating of schedules, cost control, quality control, and communication with the client, Architect/Engineer, subcontractors, and suppliers. He will conduct jobsite trade coordination meetings. Bobby will also work with trade contractors and monitor performance to ensure adherence to project rules, procedures, and safety requirements, risk management as well as solve problems in the field. Throughout his career, Bobby has used his hands-on experience to lead in the field while managing efficiency, quality and safety. As Superintendent for various high -end jobs, both large and small in cost, he has developed the experience in supervision to provide him the knowledge needed to ensure a hard-working team is on schedule for every project's completion. PROJECT NAME RELEVANCE Ivinson Memorial Hospital Medical Office Building Laramie, WY Laramie High School Laramie, WY Union Station North Wing Office Building Denver, CO The Art, a Hotel Denver, CO UCHealth Employee Parking Garage Aurora, CO Jeffco Detention Center Expansion/Remodel Golden, CO 11 Weld County Nunn Grader Shed - Design/Build Page 14 of 49 HASELDEN II►iCOM .:110M csoarchitecture EXHIBIT B A. FIRM INFORMATION rnerfean Institute of Architects Eastern Wyoming college Douglas County Outreach F,ocitity GSGarchitecture JAMES HOLLOWAY AIA, LEED AP, Principal James Holloway has over 15 years of construction and 14 years of Project Manager experience, including the last 14 with GSG. Since arriving at GSG Architecture in 2003, he has been involved in projects across Wyoming including Clark Elementary School in Evanston, the Lander Library Renovation and Expansion in Fremont County, the EWC Douglas Outreach Facility, and more recently the UW High Bay Research Facility in Laramie, Wyoming. James has a Master of Architecture Degree from the University of Colorado, Denver; a Master of Fine Arts from Rutgers University, and a Bachelor of Fine Arts from Virginia Commonwealth University. He has been a LEED (Leadership in Energy and Environmental Design) Accredited Professional since 2005. In 2008 James was named a Partner and Principal of the firm, a promotion which reflects his commitment to both GSG and our clients. His success has been based on attention to detail and the ability to look at change and challenges from every direction in the service of our clients. PROJECT NAME RELEVANCE University of Wyoming High Bay Research Facility Laramie, Wyoming Eastern Wyoming College Douglas County Outreach Facility Douglas, Wyoming CCSD #2 Grant Elementary School Glenrock, Wyoming Uinta Co School District #1 Clark Elementary School Evanston, Wyoming I I HASELDEN #' CONSTRUCTION GSGarchitecture Page 15 of 49 Weld County Nunn Grader Shed - Design/Build 12 EXHIBIT B A. FIRM INFORMATION Apt ercanilristttute'of Architects, Membership'Development mmittee Univ6rsity of Wyoming HighSay Research; Facility GSGarchitecture MATT NEWMAN AIA, LEED AP BD+C, Project Manager Matt has over 20 years of experience in the construction industry as a contractor, architect, project manager, owner's representative and educator. Licensed as an architect since 2010, Matt specializes in project management for large capital facility improvement projects. He has a broad depth of project experience including; campus master plans, utility master plans, civic, housing, laboratories, athletic, transportation and maintenance facilities. Prior to joining GSG, Matt served as an Associate Director of Facilities Planning and an Associate University Architect at the University of Wyoming. Through this experience, Matt has gained a working understanding of the challenges faced by entities who develop and maintain high -use public facilities and the sensitivities surrounding the use of public funding. Matt has the unique ability to solve complex design and construction issues through a holistic approach considering impacts of various solutions on both short and long-term objectives. PROJECT NAME RELEVANCE University of Wyoming High Bay Research Facility Laramie, Wyoming University of Wyoming Science Building Phase I Laramie, Wyoming University of Wyoming Rochelle Athletic Center Addition/Remodel Laramie, Wyoming University of Wyoming Corbett Natorium Laramie, Wyoming 13 Weld County Nunn Grader Shed - Design/Build Page 16 of 49 " I HASELDEN i CaNSTRUCTIO GsGarchitecture EXHIBIT B A. FIRM INFORMATION Haselden I GSG is committed to maintaining the personnel as outlined herein, unless prior approval is granted by Weld County. University of Wyoming: Marian H. Rochelle Gateway Center r I HASELDEN 4 r.ONSTRUCTtfN GSGarchitecture Page 17 of 49 Weld County Nunn Grader Shed - Design/Build 14 EXHIBIT B A. FIRM INFORMATION BANK REFERENCES Jeff McBride I Relationship Manager - U.S. Bank 303.585.4109 Karl Vejvoda I CPA - Martin Vejvoda & Associates 303.338.9277 Please see separate sealed envelope for a detailed financial statement of the firm. National Renewable Energy Laboratory Research Support Facility 15 Weld County Nunn Grader Shed - Design/Build Page 18 of 49 V HASELDEN 0, A 66N5*9p6ilUN GSGarchitecture EXHIBIT B A. FIRM INFORMATION Aco CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 06/30/2016 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). PRODUCER 1-303-534-4567 IMA, Inc. - Colorado Division 1705 17th Street Suite 100 Denver, CO 80202 CONTACT NAME: PHONE I FAX INC. No. Extl: WC No): E-MAIL ADDRESS: denaccounttechcGimacory.con INSURER(S) AFFORDING COVERAGE NAIC / INSURERA: VALLEY FORGE INS CO (CNA) 20508 _ INSURED Raselden Construction, LLC 6950 South Potomac Street Centennial, CO 80112 INSURERS: CONTINENTAL INS CO(CNA Insurance) 35289 INSURERC: PINNACOL ASSUR 41190 INSURERD: INDIAN HARBOR INS COOL',Ins.) 36940 INSURERE: HANOVER INS CO 22292 INSURERF: CERTIFICATE NUMBER: 47274151 REVISION NUMBER: 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. INSR LTRINSD TYPE OF INSURANCE ADDL SUER WVD POLICY NUMBER POLICY EFF IMMIDD/YYTY) POLICY EXP (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY E X C4028808411 07/01/16 07/01/17 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Es occurrence) $ 1,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) s 15,000 X PD Ded: $10,000 PERSONAL E. ADV INJURY $ 1,000,000 X CG 2294 Not Included GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X — E LIABILITY ANY AUTO ALL OWNED E SCHEDULED AUTOSAUTOS NON -OWNED E C4028808425 07/01/16 07/01/17 COMBINEDSINGLE LIMIT (Ea accidenq $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPETY (Per acc dentDAMAGE $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE E 6042783626 07/01/16 07/01/17 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DED II I RETENT ON $ 10,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N N I A E 4082635 - CO ONLY 07/01/16 07/01/17 XI STATUTE I IER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500, 000 D Pollution/Professional Liability ESO Retro Date: 07/01/12 E 0507446962 Prof Retro Date: 07/01/12 Hold Retro Date: 01/01/73 07/01/16 07/01/17 Each Incident $ 5,000,000 Aggregate $5,000,000 Deductible $100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /////AA// ACORD 25 (2014/01) alexiatz 47274151 © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD r I HASELDEN CONSTRUCTION GSGarchitecture Page 19 of 49 Weld County Nunn Grader Shed - Design/Build 16 EXHIBIT B A. FIRM INFORMATION Haselden I GSG consistently communicate with Owners, Architects and Subcontractors to reduce the potential for legal issues to arise. We are proud that we have experienced few issues that were not solved through mediation, arbitration, or other means of alternative resolution. Established in 1973, Haselden has been involved in two construction project litigation matters over the past five years. The first involved a payment dispute and Haselden prevailed in the matter. The second involved a damage claim by an insurance company that was recently settled. There are no outstanding judgments, claims, arbitration proceedings, or suits pending or outstanding against Haselden Construction. Also, Haselden currently has no outstanding claims, actions, or disputes against another party. GSG Architecture has had no claims or disputes over the past five years. Ivinson Memorial Hospital 17 Weld County Nunn Grader Shed - Design/Build Page 20 of 49 r # HASELDEN 1 e COMSTPUC IGX GSGarchitecture EXHIBIT B A. FIRM INFORMATION May 19, 2017 Weld County Purchasing Department 1150 O Street, Room #107 Greeley, CO 80631 RE: Haselden Construction, LLC Proposal #B1700098 Weld County Nunn Grader Shed Estimated Value: $2 Million To Whom It May Concern: As a representative of Federal Insurance Company (Chubb), IMA, Inc. manages the surety bond program for Haselden Construction, LLC. Our management team has known the principals and staff of Haselden Construction, LLC for over thirteen years. We are proud of their outstanding reputations as individuals of high integrity, with a vast knowledge of the construction industry, producing a quality product, in a timely and cost effective manner. Surety bonds for Haselden Construction, LLC, are underwritten by Federal Insurance Company, which maintains an "A++ XV" rating by A.M. Best Company, and is listed on the U.S. Department of Treasury register of approved surety companies. While no maximum bonding limits (single or aggregate) have been established for Haselden Construction, the surety has approved individual projects well in excess of $250 million, with an aggregate program in the $500 million range and would positively consider any project in this range in which Haselden Construction might have an interest. We understand Haselden is submitting a proposal to you for the captioned project. The size, type and location of this project are certainly within the means of Haselden Construction, LLC and would fit with current and anticipated workloads. A specific request for surety bonds for any project will be given due consideration based upon the underwriting evaluation at the time of the request. Any determination as to the approval of bonds is subject to review and approval of the contract terms and conditions, acceptable bond forms, confirmation of adequate project financing as well as other underwriting conditions which may exist at the time such bonds are requested. This letter does not constitute an assumption of liability. Any request for bonds is a matter between Haselden Construction, LLC and its surety, and we assume no liability to you or any third party if for any reason Federal Insurance Company does not execute said bonds. We are proud to recommend Haselden Construction, LLC to you. As the representative agent for Federal Insurance Company (Chubb), please refer any questions to this office. Please contact Sheryll Shaw or Sarah Finn at (303) 534-4567. Sincerely, Sheryll Shaw Vice President of Surety cc: Haselden Construction, LLC Federal Insurance Company Risk Management, Insurance, Surety, and Employee Benefits Dallas I Denver I Kansas City I Wichita www.imacorp.com Protecting Assets. Making a Differences^^ IMA, Inc. dba IMA Insurance Services, CA Lic *01464724 1705 17th Street Suite 100 Denver, CO 80202 Phone: 303-534-4567 Phone: 800-813-0203 Fax: 303-534-0600 r HASELDEN . , CONSTRUCTION GSGarchiteCture Page 21 of 49 Weld County Nunn Grader Shed - Design/Build 18 EXHIBIT B TAB B: 1. Provide a brief summary of like work your firm has undertaken as a Design/Build Contractor. Note: Do not use prior projects conducted for Weld County government. 2. List the owner, type of project, address and contact name for references and telephone numbers. 3. Indicate whether your contract was a prime or involved a joint venture with another firm and whether construction management, general contracting, design build, or a combination or other services were involved. Page 22 of 49 3JN31b3dX3 WHIJ'8 EXHIBIT B B. FIRM EXPERIENCE Haselden I GSG have worked together successfully for 5 separate projects, totaling over $70M exemplifying true teamwork, collaboration, and partnership to achieve real project solutions. Our team has truly embraced the Design/Build process, and will continue to integrate into the Greeley and Weld County community to maximize project success. PROVIDING EXPERIENCE AND QUALITY The design of this project will be streamlined due to GSG Architecture's unique ability to understand the requirements associated with this project type. We will work within Weld County's established protocol to develop and arrange spaces that achieve maximum efficiency and flexibility. Our team has extensive experience in both new construction and renovation. During our renovation work, significant emphasis is placed on working with our clients to minimize the impact of new work on occupied facilities, their employees, and the general public. This effort is balanced with sensitivity to budget to achieve the best value for each client and the best outcome for the project with a delivery that is as seamless as possible. Haselden I GSG have direct experience working through the Design/Build process. GSG Architecture is proud to have designed many high quality Design/Build projects. Similarly, Haselden has built nearly $250M in Design/Build projects, and has streamlined the communication process to maximize the benefits of collaboration with design teams. We also prove our familiarity with the design and construction process, demonstrated by previously executed contracts throughout the northern Colorado area. Haselden's municipal experience totals more than 30 projects and nearly $275M in our company history. Additionally, Haselden boasts nearly $400M in projects throughout Northern Colorado. These past projects afford our clients the benefits of lessons learned, guaranteeing a seamless project experience, custom tailored to fit your unique needs. Our municipal and institutional, commercial, and private clients have entrusted Haselden to deliver enduring value, outstanding customer service and our legacy of achievement and quality to their building projects. "We found Haselden to be an adept partner, engaged in our vision, and working passionately to achieve the highest quality, on time and on budget. I look forward to continuing my relationships with Haselden and recommend them without hesitation." Toby Marlatt, Sr. Associate Vice President, University of Wyoming Foundation I 411 HASELDEN 0 ! CONSTRUCTION GSGarchiteCture Page 23 of 49 Weld County Nunn Grader Shed - Design/Build 19 EXHIBIT B B. FIRM EXPERIENCE COLORADO STATE UNIVERSITY BIOLOGY BUILDING Fort Collins, Colorado Haselden Construction is currently completing the new $54 million Colorado State University Biology Building, a 4 -story, classroom and biology research building. The new building will include an auditorium style lecture hall, computer labs for students, general teaching and research labs, and offices for faculty and graduate students. Collaboration spaces located throughout the building increase chance encounters between faculty and students. The new facility will feature a 2 -story fish tank, plants, and other biology exhibits on display, giving the building a modern natural history museum feel. The building is part of the new science quad on campus. PRIME/JOINT VENTURE: Prime Contractor DELIVERY METHOD: Design/Build B.2 OWNER REFERENCE: Mike Rush, University Architect t Colorado State University 200 West Lake Street, Colorado State University Fort Collins, Colorado 80523-6030 970.941.0080 SIZE: 152,000 SF CONSTRUCTION COST: $54M 20 Weld County Nunn Grader Shed - Design/Build Page 24 of 49 0 OO V . HASELDEN 1 . CONSTRUCTION GSGarchitecture EXHIBIT B B. FIRM EXPERIENCE SIZE: 220,000 SF PRIME/JOINT VENTURE: Prime DELIVERY METHOD: Design/Build B.2 OWNER REFERENCE: Drew Detamore, Director National Renewable Energy Lab 15O13 Denver West Pkwy Golden, Colorado 8O4O1 303.275.4276 CONSTRUCTION COST: $90M NATIONAL RENEWABLE ENERGY LABORATORY RESEARCH SUPPORT FACILITY Golden, Colorado NREL is the nation's primary laboratory for renewable energy and energy efficiency research and development. The Research Support Facility is a model for the Department of Energy in terms of showcasing integration of high performance building design, construction practices, and technological advances. The facility makes substantial use of daylighting, dramatically reducing energy use, and provides a pleasant and productive open space workplace for over 800 employees. Haselden also completed a highly complex site infrastructure package to connect the Research Support Facility building to a gasification central plant. Infrastructure work completed on this project included parking lots, process piping, roads, and landscaping totaling $14 Million of the construction costs. Energy -efficient features include: under floor air distribution systems, Energy Star electrical and telecommunications systems, two separate buildings that run in an "H" configuration to maximize daylighting, photovoltaic (solar) roof, thermal building skin, and occupant controllable windows. The Research Support Facility is LEED° Platinum and is net -zero energy. 00 00 r I HASELDEN .4 CONSTRUCTION GsGarchitecture Page 25 of 49 Weld County Nunn Grader Shed - Design/Build 21 EXHIBIT B B. FIRM EXPERIENCE SIZE: 11,700 SF PRIME/JOINT VENTURE: Prime DELIVERY METHOD: Design/Build CONSTRUCTION COST: $2.9M B.2 OWNER REFERENCE: Sam Farstad, Administrative Analyst City of Laramie 406 Ivinson Avenue Laramie, Wyoming 82070 307321.5361 BRIGHT AGROTECH CORPORATE OFFICE AND GROWING FACILITY Laramie, Wyoming The Bright Agrotech Facility Project consists of an approximate 11,700 square -foot office building, which includes indoor growing space. Despite significant changes to the existing site and program plan, Haselden has led the team through challenges and anticipates a successful project. Initially, site challenges presented within the initially selected site, which would have required significant excavation and structural fill beyond the budget to achieve necessary drainage. A second site was selected which will bring greater value by requiring less invasive earthwork scope. Changes in programming removed the warehouse, expanding office space and relocating research and the warehouse to a separate facility. 0 00 22 Weld County Nunn Grader Shed - Design/Build Page 26 of 49 r • HASELDEN A UONSTRUCTION GSGarchitecture EXHIBIT B B. FIRM EXPERIENCE SIZE: 12,100 SF each building PRIME/JOINT VENTURE: Prime DELIVERY METHOD: Design/Bid/Build B.2 OWNER REFERENCE: Wyoming Department of Transportation 5300 Bishop Boulevard Cheyenne, Wyoming 82009 307.745.2115 CONSTRUCTION COST: $1.8M each building WYOMING DEPARTMENT OF TRANSPORTATION ARLINGTON & SARATOGA MAINTENANCE FACILITIES Arlington & Saratoga Wyoming These two facilities' designs were based on a WYDOT supplied prototype. GSG's role was to refine the design to best suit District l's needs, then adapt and accommodate the building design to their sites. At the Arlington site, all utilities were adapted, including an increased water storage capacity from the existing 2000 gallon tank to 10,000 gallons. The Saratoga facility was built on a bare piece of land owned by the Bureau of Land Management, so all utilities were built new. The 12,100 square foot buildings included garage areas with one maintenance bay, storage areas and support areas including office space, mechanical & electrical rooms and restrooms. Building refinements included floor slopes, finishes and drainage. One specific request of District 1 was the inclusion of a parallelogram lift instead of the traditional 4 -post or center -post lift, requiring refinement of the maintenance bay design to include this equipment. 0 OO r I HASELDEN CONSTRUCTION GSGarchitecture Page 27 of 49 Weld County Nunn Grader Shed - Design/Build 23 EXHIBIT B B. FIRM EXPERIENCE SIZE: 9,000 SF PRIME/JOINT VENTURE: Prime DELIVERY METHOD: Design/Bid/Build B.2 OWNER REFERENCE: Alex Sveda, P.E. City of Casper 200 North David Streer Casper, Wyoming 82601 307.235.8341 CONSTRUCTION COST: $1.9M CASPER SOLID WASTE FACILITY TRUCK BARN ADDITION Casper, Wyoming Completed in 2015, the expansion of the Casper Solid Waste Sanitation Facility, Jim Evan's Truck Barn, included approximately 7,000 sq. ft. of new garage space, a new 800 sq. ft. wash pad with amenities, and a 3,000 sq. ft. wash pad enclosure. The project also included a new office / break area of approximately 600 sq. ft. inside the existing structure. 0 0 � r HASELDEN CONSTRUCTION 24 Weld County Nunn Grader Shed - Design/Build Page 28 of 49 GsGarchitecture EXHIBIT B B. FIRM EXPERIENCE SIZE: 5,000 SF PRIME/JOINT VENTURE: Prime DELIVERY METHOD: Design/Bid/Build B2 OWNER REFERENCE: Mark Weis, Project Engineer City of Torrington Torrington, Wyoming 307.532.4815 CONSTRUCTION COST: $1.1M TORRINGTON PUBLIC WORKS FACILITY WATER/METER OFFICE Torrington, Wyoming Divisions of the City of Torrington Public Works Department were scattered throughout the city because of a lack of a facility which could house all divisions. A Master Plan Study was requested to address the fact that the water and meter division would need to find a permanent home as their lease expired. A new stand alone facility was recommended and constructed at the Torrington East Industrial Park which was a large enough area to accommodate all of the individual divisional requirements and parking for a consolidated Public Works Department. 0 0 � r I HASELDEN . CONSTRUCTION GSGarchiteCture Page 29 of 49 Weld County Nunn Grader Shed - Design/Build 25 EXHIBIT B B. FIRM EXPERIENCE SIZE: 9,500 SF PRIME/JOINT VENTURE: Prime DELIVERY METHOD: Design/Bid/Build B.2 OWNER REFERENCE: Andrew Beamer, P.E. City of Casper Casper, Wyoming 307.235.8241 CONSTRUCTION COST: $2.4M CASPER FIRE- EMS STATION NO.2 Casper, Wyoming The new Casper Fire -EMS Station No. 2 in the Sunrise subdivision of Casper includes 4,500 sq. ft. for three pull - through apparatus bays and approximately 5,000 sq. ft. for living and community spaces. The comfortable living and community spaces accommodates four bedrooms and commons areas including an exercise room, kitchen, dayroom, restroom/shower space, offices, a meeting room and an outdoor patio area. 0 OO 26 Weld County Nunn Grader Shed - Design/Build Page 30 of 49 V HASELDEN , CONSTRUCTION GsGarchitecture EXHIBIT B B. FIRM EXPERIENCE SIZE: 18,648 SF PRIME/JOINT VENTURE: Prime DELIVERY METHOD: Design/Bid/Build B.2 OWNER REFERENCE: Warren Oyler, RE., Resident Engineer Wyoming Department of Transportation Sundance, Wyoming 307.283.1135 CONSTRUCTION COST: $5.4M WYOMING DEPARTMENT OF TRANSPORTATION SUNDANCE COMPLEX Sundance, Wyoming The new Maintenance and Shop building in Sundance, Wyoming is phase 2 of the Wyoming Department of Transportation's updated campus. The building includes 10 vehicle bays. Three of the 10 bays are used to do mechanical work on large highway maintenance vehicles. This area includes a wash bay, a vehicle lift and a high capacity truck lift. The other seven bays are used to store and maintain WYDOT heavy equipment. This portion of the building was designed to be open with no columns so as to not obstruct the movement of the large machinery. A mezzanine level separates the maintenance and shop portions to provide storage accessible to each side. The building also includes multiple offices, restrooms and a staff breakroom. 0 00 r • HASELDEN , ' C,, RUCTION GsGarchitecture Page 31 of 49 Weld County Nunn Grader Shed - Design/Build 27 EXHIBIT B B. FIRM EXPERIENCE SIZE: 12,800 SF PRIME/JOINT VENTURE: Prime DELIVERY METHOD: Design/Bid/Build B.2 OWNER REFERENCE: Andrew Beamer, P.E. City of Casper Casper, Wyoming 307.235.8241 CONSTRUCTION COST: $2.7M CASPER FIRE- EMS STATION NO.3 Casper, Wyoming GSG Architecture utilized the talents of Stewart Cooper Newell Architects to assist in the programming and schematic design of this replacement facility which is approximately 12,800 sq. ft. and includes three pull -through apparatus bays with an alternate for a total of four bays. The apparatus bays are designed to utilize a drive -through concept entering into the bays from Beverly Street and exiting to the south and out onto 12th Street. The living and community space accommodates six bedrooms, common areas such as an exercise room, kitchen, dayroom, restroom/shower space, offices, a meeting room and an outdoor space. 00 28 Weld County Nunn Grader Shed - Design/Build Page 32 of 49 V HASELDEN I. ' C0HSTP0C.I0N GsGarchitecture EXHIBIT B TAB C: 1. Provide a list of current project commitments by your proposed team and proposed individuals, including the status of such projects. Identify the owner's representative, address and phone number for each project. CVO1N OM 1N3H J J Page 33 of 49 EXHIBIT B C. CURRENT WORKLOAD Project Name Owner Architect Contract % Scheduled Amount Complete Completion Date Colorado State University Chemistry Building Lodge Casino - Renovations Phases I - II AHEC 11th and Auraria Intersection UCHealth Longs Peak Colorado State University Biology Building Ivinson Memorial Hospital MOB University of Colorado Engineering Building Roaring Fork Eastbank Elementary American Academy Lincoln Meadows Aspen Valley Hospital Phase 3 900 Grant Redevelopment Colorado State University 250 Edison Dr, Fort Collins, CO 80521 970.491.0077 Lodge Casino, LLC 240 Main St, Black Hawk, CO 80422 303.582.1771 Auraria Higher Education Center 1201 5th St, Denver, CO 80204 303.556.5400 Hord I Coplan I $33,650,617 87% Macht Thalden Boyd Emery Wenk Associates UCHealth 12319 E Ken Pratt Blvd, Longmont, CO 80501 WHR Architects 720.848.0000 Colorado State University 250 Edison Dr, Fort Collins, CO 80521 970.491.0077 Ivinson Memorial Hospital 255 N 30th St, Laramie, WY 82072 307.742.2141 University of Colorado 1111 Engineering Dr Boulder, CO 80309 303.492.1411 Roaring Fork School District 1405 Grand Ave, Glenwood Springs, CO 81601 970.384.6024 American Academy 11155 N Motsenbocker Rd, Parker, CO 80139 720.292.5600 Aspen Valley Hospital 401 Castle Creek Rd, Aspen, CO 81611 970.925.1120 Haselden Development 6950 South Potomac Street Centennial, CO 80112 303.751.1478 Hord I Coplan Macht H+L Architecture Anderson Mason Dale Bennett Wagner & Grody Cuningham Group Heery International $4,008,033 91% $1,373,886 74% $114,736,954 90% $59,590,761 84% $14,136,585 65% $21,657,399 83% 5/26/2017 5/30/2017 5/30/2017 6/2/2017 7/31/2017 8/1/2017 8/1/2017 $28,554,345 38% 9/1/2017 $18,598,770 39% 9/1/2017 $49,615,450 87% 10/26/2017 Galloway $7,518,624 18% 11/15/2017 I HASELDEN f/ LONSTPULT!ON GsGarchitecture Page 34 of 49 Weld County Nunn Grader Shed - Design/Build 29 EXHIBIT B C. CURRENT WORKLOAD Project Name Owner Architect Contract % Scheduled Amount Complete Completion Date St. Vrain Valley School District Elementary School #27 155 Steele Street St. Vrain Valley School District 2929 Clover Basin Drive Longmont, CO 80503 303.776.6200 Steele Street Residential, LLC 100 St Paul St. Denver, CO 80206 303.371.9000 Hord I Coplan I $19,358,190 3% 4/24/2018 Macht Johnson Nathan $60,289,658 12% 11/1/2018 Strohe Preston Nelson: Bright Agrotech Ken Baumgartner: Bright Agrotech and Larimer County Building Elizabeth Titus: Ivinson Memorial Hospital - Medical Office Building Bobby Calderon: Ivinson Memorial Hospital - Medical Office Building Ivinson Memorial Hospital - Medical Office Bulldei Under Construction 30 Weld County Nunn Grader Shed - Design/Build Page 35 of 49 r I HASELDEN A CONS1RU TION GSGarchitecture EXHIBIT B C. CURRENT WORKLOAD Project Name Owner Architect Scheduled Completion Date True Office Expansion Converse County School District Highland Park Community Church Addition Niobrara County School Bright Agrotech Converse County Joint Justice and Dispatch Center True Drilling Company P.O. Box 2360, Casper, WY 82602 307.237.9301 Converse County School District P.O. Box 1300, Glenrock, WY 82637; 307.436.5331 Caspar Building Systems 1975 Salt Creek Route, Casper, WY 82601 307.235.5690 Niobrara County School District No. 1, P.O. Box 629, Lusk, WY 82225 307.334.3793 City of Laramie 406 Ivinson Ave, Laramie, WY 82070 307.721.5361 GSG Architecture 3/1/2017 GSG Architecture 8/18/2017 GSG Architecture 2/12/2017 Converse County Commissioners 4461 East 18th Street, Casper, WY 82609; 307.441.0183 GSG Architecture 4/10/2017 GSG Architecture 10/1/2017 GSG Architecture 12/10/2017 James Holloway: True Office Expansion, Converse County School District, Highland Park Community Church Addition, Niobrara County School Spectra Logic Building r I HASELDEN ® CO' STRUC.,ON GsGarchitecture Page 36 of 49 Weld County Nunn Grader Shed - Design/Build 31 EXHIBIT B TAB D: 1. Indicate if your firm has provided Design/Build projects. 2. In addition to the activities listed under "Scope of Services", section "2. Construction Phase" above, provide a list of any additional construction management, general condition and/or coordination services you believe will be necessary to successfully complete this project Page 37 of 49 EXHIBIT B D. SERVICES Haselden has 10 years of experience with the Design/Build delivery method. Our complete list of projects, both completed or in progress, is below: • Colorado State University Biology Building • Bright Agrotech - Corporate Office & Manufacturing Facility • Eagle Valley School District Design Build ▪ National Renewable Energy Lab Research Support Facilities Phase I National Renewable Energy Lab Research Support Facilities Phase II National Renewable Energy Lab Parking Garage Ingress/Egress • National Renewable Energy Lab Cafe o Limon K-12 School GSG is a leader in the Design/Build delivery method. Their list of completed or in -progress projects include: Bright Agrotech • Highland Park Community Church Expansion • City of Torrington Public Restroom Facility ▪ Wyoming Otolaryngology • Sunshine Apartments I & II Laramie Hilton Garden Inn UW Conference Center Larimer County Detention Center Casper College Gertrude Krampert Theater Colorado State University, Biology Building Under Construction "This project represents the highest level of partnering I have ever been part of in my 29 years of experience. Design/Build does not work if trust does not exist between the owner and the design/ builder. For this project, it was exemplary. Our level of communication has evolved to the point where they provide answers before I sometimes ask the question' Drew Detamore, Director NREL HASELDEN O. CONSTRUCTION GSGarchitecture Page 38 of 49 Weld County Nunn Grader Shed - Design/Build 32 EXHIBIT B D. SERVICES In addition to the previously listed services both in the design phase and construction, the Haselden I GSG team can additionally provide the following services: t Virtual Construction (BIM) • Lean Scheduling • Submittals for owner/ architect review A robust safety program Stormwater management • Site photo documentation HASELDEN 1 • CONSTRUCTION 33 Weld County Nunn Grader Shed - Design/Build Page 39 of 49 GsGarchitecture EXHIBIT B TAB E: 1. Indicate which elements of work or other services your firm is capable of performing with its own forces. Please note Weld County reserves the authority and right to require the Design/ Build Contractor to bid self - performed work in competition with available qualified subcontractors. SOOHI]W NOIlDMISNOD'3 Page 40 of 49 EXHIBIT B E. CONSTRUCTION METHOD SELF -PERFORMANCE CAPABILITIES Self -performing work to better serve our clients is a concept upon which Haselden was founded. Through the years, additional areas of discipline have been added to our portfolio as we identify which elements would add the most value to project performance. Haselden employs 200+ craft workers in Colorado specifically for the self -perform work accomplished on behalf of our clients. Self -performing offers our clients substantial benefits: it allows us to quickly identify and solve any challenges, implement action plans as necessary and significantly reduce or eliminate subcontractor change orders and/or delays. By self -performing this essential work, Haselden also maintains better control of the schedule and sets the standard of craftsmanship for the entire construction project. The requirements of the project and needs of the client will be analyzed on a case -by -case basis, and then a decision will be made concerning what is most beneficial to the project. Haselden can self -perform as much as 40% of the work on its projects in the following areas: ▪ Site Layout/Surveying Dampproofng/ ▪ Temporary Heating/ Waterproofng Weather Protection e Spray -on Fireproofing Building Concrete m General Labor Masonry ® Air/Water Barrier Miscellaneous Metals • Expansion Joints ▪ Rough and Finish = Joint Sealants Carpentry Roofing Protection/ Casework/Casework Firestopping Installation Installation of Doors, Frames, and Hardware D Site Concrete • Site Furnishings • Code Signage/Site Signage Shelving/Lockers . Vapor Emission Control Protection of Finishes Installation of Owner Furnished Equipment BIM Coordination for MEP Trades Earthwork Steel Fabrication and Erection Hoisting 4i1 .`. Tw.',N 1i. 7v "Haselden drives the schedule very efficiently and effectively. Conscientious management of scope through value engineering kept our project in budget every step of the way. Their collaboration achieves the realization of the finest design aesthetic within the owner's budget" Hillary Messa Jefferson County (RE: Laramie Building) "'I HASELDEN dip, . ,oN,rnucrI,, GsGarchitecture Page 41 of 49 Weld County Nunn Grader Shed - Design/Build 34 EXHIBIT B TAB G: 1VS0d0ad33A'9 1. Identify the Fee your firm proposes to provide Design Build services described in this RFP. The fee is to be based on cost of work for the Building. 2. Provide an estimate of general condition costs for the project for the services described in this RFP. 3. Provide a cost estimate for the pre -construction phase services and how you intend to charge for these services. Include an estimate of non -personnel expenses in similar format to formulate the estimate of total cost. 4. Provide a list of salary/wage rates for personnel proposed for this project. Indicate the base wage or salary and applied Direct Personnel Expense to formulate a total hourly billing rate and monthly billing rate for each super- visory/administrative individual proposed for involvement in either the pre -construction phase or construction phase of the project. 5. Provide a schedule of current bond premium rates and confirmation of the current bonding capacity of your firm. Page 42 of 49 EXHIBIT B G. FEE PROPOSAL Complete the fee proposal below for your proposal. Assumptions are the contractor's assumptions for completing this job. The fee proposal should be provided in either a percentage of the GMP or a Lump Sum. If you have additional fees, provide attachments detailing those fees. FEE PROPOSAL A. Vendor Assumptions 1. Construction Budget (including general conditions, fees, contingency, bonds and insurance). Estimated GMP TBD 2. Construction Duration Estimated # of Months 6 Months B. Fee Proposal 1. Pre -Construction 2. Design Fee 3. General Conditions 4. Construction Management Fee 5. Bonds (Attach schedule) 6. Other (describe on additional sheet) 0.45 % 5.7 10.0 % 5.0 % 1.058 % 1.33 Or Lump Sum NOTE: Winning contractor will be expected to enter into a standard AIA contract for this design build. B.6 - Additional Fees • Liability Insurance - 1.08% • Builder's Risk Insurance - 0.25% Total - 1.33% BID REQUEST #B1700030 Page 17 I # HASELDEN GSGarchitecture Page 43 of 49 Weld County Nunn Grader Shed - Design/Build 35 EXHIBIT B G. FEE PROPOSAL Haselden estimates General Conditions at 10% of Construction costs. G3 PRECOINSTRUCTIONt'L((+. v i''1 cEs Haselden requests a Preconstruction Services Fee of 0.45%. Consultant Services: Consultants will be billed at their cost plus a 10% administrative fee. Reimbursable Expenses: Expenses incurred in connection with the project will be billed at cost with 10% administrative fee. Examples of such expenses include travel, outsourced reproduction costs for final construction documents, conference call telephone services, shipping and postage. G.4 GSG I SCHED COMPENSATION FOR PROFESS! .?N' ._ Effective May 1, 2017 Position Principal 175.00 Project Architect 145.00 Senior Project Manager 115.00 Structural Engineering 110.00 Project Manager 95.00 Intern it 85.00 Intern I 70.00 Architectural Staff II 85.00 Architectural Staff I 70.00 Administrative Staff 65.00 Hourly Rate 36 Weld County Nunn Grader Shed - Design/Build Page 44 of 49 r I HASELDEN Oi CANSTIuc*mn GsGarchitecture EXHIBIT B G. FEE PROPOSAL HASELDEN CONSTRUCTION Weld County Nunn Grader Shed Wage Rates 2017 - 2019 `*Note assumptions below 2017 Burdened Hourly Rate $ 46.00 $ 86.00 2018 Burdened Hourly Rate $ 49.00 $ 92.00 2019 Burdened Hourly Rate $ 52.00 POSITION Administrative Assistant Area Superintendent $ 98.00 Assistant Project Manager $ 73.00 $ 78.00 $ 83.00 Assistant Superintendent $ 69.00 $ 74.00 $ 79.00 Carpenter $ 47.00 $ 50.00 $ 53.00 Carpenter Apprentice $ 37.00 $ 40.00 $ 43.00 Carpenter Foreman $ 52.00 $ 56.00 $ 60.00 Chief Estimator $ 104.00 $ 111.00 $ 118.00 Civil Superintendent $ 92.00 $ 98.00 $ 104.00 Concrete Assistant Project Manager $ 66.00 $ 70.00 $ 52.00 $ 75.00 $ 56.00 Concrete Carpenter $ 49.00 Concrete Carpenter Apprentice $ 38.00 $ 41.00 $ 44.00 Concrete Carpenter Foreman $ 59.00 $ 63.00 $ 67.00 Concrete Finisher $ 40.00 $ 43.00 $ 46.00 Concrete Finisher Foreman $ 46.00 $ 49.00 $ 52.00 Concrete General Foreman $ 87.00 $ 93.00 $ 99.00 Concrete Operations Manager $ 114.00 $ 121.00 $ 129.00 Concrete Rebar Installer $ 44.00 $ 47.00 $ 50.00 Concrete Rebar Installer Lead $ 48.00 $ 51.00 $ 55.00 Concrete Senior Area Superintendent $ 99.00 $ 105.00 $ 112.00 Concrete Services Manager $ 121.00 $ 129.00 $ 137.00 Concrete Superintendent $ 80.00 $ 85.00 $ 91.00 Concrete Superintendent - Rebar $ 95.00 $ 101.00 $ 108.00 Construction / Project Executive $ 121.00 $ 129.00 $ 137.00 Contract Administrator $ 49.00 $ 52.00 $ 56.00 Director Virtual Construction $ 110.00 $ 117.00 $ 125.00 Design Build Project Manager $ 90.00 $ 96.00 $ 102.00 Environmental Safety Engineer $ 63.00 $ 67.00 $ 72.00 Environmental Safety Manager $ 83.00 $ 88.00 $ 94.00 Erosion Control PE $ 56.00 $ 60.00 $ 64.00 Estimator $ 58.00 $ 62.00 $ 66.00 Field Engineer Field Safety Engineer $ 51.00 $ 83.00 $ 55.00 $ 88.00 $ 59.00 $ 94.00 Fleet and Yard Assistant Manager $ 58.00 $ 62.00 $ 66.00 Fleet and Yard Manager $ 86.00 $ 92.00 $ 98.00 General Foreman $ 58.00 $ 62.00 $ 66.00 General Superintendent $ 114.00 $ 121.00 $ 129.00 Intern $ 34.00 $ 37.00 $ 40.00 IT Manager (IT Support) $ 96.00 $ 102.00 $ 109.00 Laborers $ 32.00 $ 34.00 $ 37.00 Labor Foreman Layout - Survey Manager $ 40.00 $ 74.00 $ 43.00 $ 79.00 $ 46.00 $ 84.00 Layout - Helper $ 53.00 $ 57.00 $ 61.00 Layout - Surveyor (No Equipment) $ 95.00 $ 101.00 $ 108.00 M & E Coordinator $ 121.00 $ 129.00 $ 137.00 Office Engineer $ 43.00 $ 46.00 $ 49.00 Operations Manager $ 139.00 $ 148.00 $ 157.00 Operations Tech Specialist $ 77.00 $ 82.00 $ 87.00 " I HASELDEN CONSTRUCTION GSGarchitecture Page 45 of 49 Weld County Nunn Grader Shed - Design/Build 37 EXHIBIT B G. FEE PROPOSAL HASELDEN A CONSTRUCTION Weld County Nunn Grader Shed Wage Rates 2017 - 2019 *.� Note assumptions below , r , 2017'. Burdened Hourly Rate mr.-, ter,.;. _ Burdened Hourly Rate 2019 Burdened Hourly Rate POS • ` Operators - Forklift $ 47.00 $ 50.00 $ 53.00 Operators - General $ 47.00 $ 50.00 $ 53.00 Operators - Man and Material Hoist $ 47.00 $ 50.00 $ 53.00 Operators - Mobile Crane $ 86.00 $ 92.00 $ 98.00 Operators - Tower Crane $ 86.00 $ 92.00 $ 98.00 Operators - Van Driver $ 37.00 $ 40.00 $ 43.00 Preconstruction Manager $ 112.00 $ 119.00 $ 127.00 Project Accountant $ 59.00 $ 63.00 $ 67.00 Project Coordindator $ 63.00 $ 67.00 $ 72.00 Project Engineer $ 65.00 $ 69.00 $ 74.00 Project Estimator $ 73.00 $ 78.00 $ 83.00 Project Manager $ 104.00 $ 111.00 $ 118.00 Quality Assurance Manager $ 64.00 $ 68.00 $ 73.00 Quality Control Engineer $ 64.00 $ 68.00 $ 73.00 Scheduler $ 94.00 $ 88.00 $ 100.00 $ 94.00 $ 106.00 $ 100.00 Senior Estimator Senior Preconstruction Manager $ 120.00 $ 128.00 $ 136.00 Senior Project Executive $ 192.00 $ 204.00 $ 217.00 Senior Project Manager $ 138.00 $ 147.00 $ 156.00 Senior Project Manager Civil $ 120.00 $ 128.00 $ 136.00 Senior Project Engineer $ 68.00 $ 73.00 $ 78.00 Senior Superintendent $ 121.00 $ 129.00 $ 137.00 Superintendent $ 96.00 $ 102.00 $ 109.00 Survey Crew (2 Man) $ 149.00 $ 158.00 $ 168.00 Sr. Virtual Construction Specialist $ 76.00 $ 81.00 $ 86.00 Virtual Construction Specialist $ 69.00 $ 74.00 $ 79.00 Welder (Fully Equiped) $ 134.00 $ 143.00 $ 152.00 Yardman / Truckman $ 45.00 $ 48.00 $ 51.00 Misc. Metals Project Manager $ 94.00 $ 100.00 $ 106.00 Misc. Metals Fabrication Supervisor $ 62.00 $ 66.00 $ 70.00 Misc. Metals Superintendent $ 75.00 $ 80.00 $ 85.00 Misc. Metals Shop Fabricator $ 42.00 $ 45.00 $ 48.00 _ Misc. Metals Carpenter $ 47.00 $ 50.00 $ 53.00 Misc. Metals Laborer $ 35.00 $ 38.00 $ 41.00 Misc. Metals Lead Welder $ 46.00 $ 49.00 $ 52.00 Misc. Metals Welder Foreman $ 59.00 $ 63.00 $ 67.00 ***ASSUMPTIONS*** 1) The Rates are projected to increase at 6.00% per year 2) Hourly rates include burden cost at the Jan 2016 Burden Rates 3) Overtime will be calculated at 1.5 times the above rates 4) The above rates assume no ROCIP program 5) The above rates exclude subsistence, per diems, housing, travel, veh. allowances, gas, etc. 6) The rates listed above shall be fixed for the duration of the project and are not subject to change by either party. 38 Weld County Nunn Grader Shed - Design/Build Page 46 of 49 r I HASELDEN CONSTRUCTION GSGarchitecture EXHIBIT B G. FEE PROPOSAL HASELDEN BOND CALCULATION DESIGN BUILD RATES CONSTRUCTION PROJECT NAME Weld County Nunn Grader Shed CONSTRUCTION DURATION: 6 MONTHS WARRANTY PERIOD: 12 MONTHS DESCRIPTION BOND TOTAL COMBINED TOTAL PROJECTED CONTRACT PRICE (Before Bond) >> $ 1,979,060 !!!C'AUTION: DON'T 6'11:1\GF..A\ ' 1'OIINI1.iLA> 1IFL4)HP-, 1,1\F.' Performance Bond (Standard Rate) >>> $ 20,940 $ 20,940 Additional Warranty Bonding (over 12 mo) >>> $ - $ - SUBTOTALS >>» $ 20,940 $ 2,000,000 1.0581% BOND CALCULATION WORKSHEET (DESIGN BUILD RATES) PROJECTED CONTRACT PRICE (Before Bond) >>I $ 1,979,060 August 2011 Bond Rates FROM TO FACTOR INCREMENT COST $0 $2,500,000 0.01050 $20,780 $2,500,000 $7,500,000 0.00915 _ $0 $7,500,000 $300,000,000 0.00820 $0 Bond on Bond >>> 0.00770 $160 BOND TOTAL >>> $20,940 SURCHARGE % PER MO FOR DURATION OVER 24 MO >>>I 0.00% $0 NOTE: STANDARD BOND COVERAGE INCLUDES 1 YEAR MAINTENANCE/WARRANTY. BELOW IS THE CALCULATION FOR EXTENDED COVERAGE. WARRANTY BOND CALCULATION WORKSHEET PROJECTED CONTRACT PRICE (Before Bond) >> $ 1,979,060 FROM TO FACTOR INCREMENT COST 12 months 24 months 0.00120 $0 24 months 36 months 0.00140 $0 36 months 48 months 0.00160 $0 _ 48 months 60 months 0.00180 $0 Bond on Bond >>> 0.00120 $0 2 YEAR TO 5 YEAR WARRANTY BOND TOTAL >>> $0 THE ABOVE CALCULATION IS ONLY GOOD UP TO 60 MONTHS TOTAL BONDING COST >>> $20,940 r I HASELDEN ♦ . CCNSTRUC NON GSGarchitecture Page 47 of 49 Weld County Nunn Grader Shed - Design/Build 39 Haselden I GSG Architecture focuses on our client's best interests, and the success of their projects is our top priority. This is shown through the hard work and dedication the team has put into this proposal response. ARCHITECTURE AND CONSTRUCTION TEAM Preston Nelson, Director of Planning & Construction Elizabeth Titus, Project Manager Matt Newman, Project Manager Ken Baumgartner, Director of Preconstruction Bobby Calderon, Superintendent EDITORS, PROJECT MANAGERES, AND PROPOSAL DESIGN Lara Jolly, Director of Strategic Procurement Solutions Amanda Knowles, Graphic Design Specialist Zach White, Proposal and Graphics Coordinator Marla Shobak, Administration and Marketing Assistant Lizbeth Mariscal, Marketing Coordinator DEPARTMENTAL EDITORS J.J. Rams, Vice President Derek Oliver, Vice President James Holloway, Principal PUBLISHED BY Haselden Construction 330 South College Avenue, Suite 200 Fort Collins, Colorado 80524 970.232.2096 Page 48 of 49 the icons ber.. , r 4 ppresentelements' Gzed o tdMmuriicate p ,Hasetdensunique, :'va1L'e-added,;:... fi ,ekperiience end dpProachtpspreviding DesignfBulld services :for -Weld Copnty Nunn +Gr5derShed. 330 South College Avenue, Suite 200 Fort Collins, Colorado80524 ZOr232.2096 4' 3535 West 12th Street,' Suite Greeley, Colorado 8063 IP) 307 4 968 g r r :gsga ht re. Exhibit C Termination. County has the right to terminate this Agreement, with or without cause on thirty (60) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. Fund Availability. Financial obligations of the County payable after the current fiscal year are Exhibit C contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. Employee Financial Interest/Conflict of Interest - C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contract Professional's services and Contract Professional shall not employ any person having such known interests. During the term of this Agreement, Contract Professional shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5- 102(5)(c). Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5- 102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that Exhibit C any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $50,000 any one fire; and $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Exhibit C Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 June 19, 2017 To: Board of County Commissioners From: Toby Taylor Subject: Nunn Grader Shed; Bid #61700098 As advertised, this bid is to construct a new Nunn Grader shed. The low bid from S2 General Contracting is incomplete and does not meets specifications. The second low bid is from Haselden Construction and does meet specifications. Therefore, Buildings & Grounds is recommending the bid be awarded to Haselden construction with the following fees identified: Pre -Construction Design Fee General Conditions Fee Construction Management Fee Bond Schedule Additional fees 0.0045 0.057 0.10 5% 1.058% or 1st 52,500,000 = $10.50 per 1,000 $2.5M to 7.5M = $9.15 per 1,000 $7.5M to $300M = $8.20 per 1,000 Liability Ins to 1.08% Builders Risk Ins tit .025% If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley CO 80631 E -Mail: mwalters@co.weld.co.us E-mail: reverettco.weld.co.us Phone: (970) 400-4222 or 4223 Fax: (970) 336-7226 DATE OF BID: MAY 25, 2017 REQUEST FOR: NUNN GRADER SHED DEPARTMENT: BUILDINGS & GROUNDS DEPARTMENT BID NO: #B1700098 PRESENT DATE: MAY 31, 2017 APPROVAL DATE: JUNE 14, 2017 **MOVE TO JUNE 21, 2017** VENDORS DS CONSTRUCTORS 3780 B GARFIELD AVE STE 101 LOVELAND CO 80538 D & S STEEL BLDGS CO. 1503 2ND AVE GRELEEY CO 80631 HARRIS CONSTRUCTORS INC P O BOX 336751 GREELEY CO 80633 LANDMARK BUILDERS INC 3812 CARSON AVE EVANS CO 80620 BVB GENERAL CONTRACTORS 5256 SAGEBRUSH ST BRIGHTON CO 80601 S2 GENERAL CONTRACTING LLC 912 38TH AVE CT #4 GREELEY CO 80634 TCC CORPORATION 561 E GARDEN DR UNIT D WINDSOR CO 80550 HEATH CONSTRUCTION 2203 E ALLISON RD CHEYENNE WY 82009 HASELDEN CONSTRUCTION 330 S COLLEGE AVE SUITE 200 FT COLLINS CO 80524 **TOBY TAYLOR WILL REVIEW THE BIDS. c2017 - tuAd `3 C2 oo ►q - cu fC a) E .E -0 H W V) _c C o E lD V) -C N L C o E U1 V) t C o E l0 C o E t0 = Estimated GMP d- 0O cm t/} o o O pp - 0 N i k. r � r _ m o o O 6 1--i tn- m saaj leuomppd LL Bond Schedule O on w Construction Management Fee O 0 0 in 5% 5% $50,000 TCC CORPORATION 561 E GARDEN DR UNIT D WINDSOR CO 80550 $10,500 $54,000 $75,000 6% o General Conditions Fee 0 0 O 0 - on in V Design Fee $30,750 Pre - Construction $8,000 Q _E LL S2 GENERAL CONTRACTING LLC 912 38TH AVE CT #4 GREELEY CO 80634 r-1 N In t i n cO r- 0O A B C D E F G H I 36 37 0.80% 38 HEATH or 39 CONSTRUCTION 1st $2,500,000 = $7.40/1,000 TBD 5 months 40 2203 E ALLISON RD $5,000 $83,000 $109,692 4% $2.5M to 5M = $6.10/1,000 .95% Insurance 41 CHEYENNE WY 82009 $5M to $7.5M = $5.90/1,000 42 43 44 45 HARRIS 46 CONSTRUCTORS INC 3% TBD 4 months 47 P O BOX 336751 $8,122 $87,400 $74,665 7% 2% Contingency 48 GREELEY CO 80633 allowance 49 50 51 52 BVB GENERAL 1.1..,Jluu,uuu - ,31O/ 1,uuuTrt1 pc, i nnn 53 CONTRACTORS Next $400,000 = $18 /1,000 54 5256 SAGEBRUSH ST $30,471 $74,481 $219,371 8% Next $2,000,000 = $10.88/1,000 TBD 21 weeks 55 BRIGHTON CO 80601 Next $2,500,000 = $8.75/1,000 56 57 58 59 60 D & S STEEL BLDGS CO. 1503 2ND AVE $25,757 61 GRELEEY CO 80631 $45,550 $779,554 $29,023 $19,431 $899,315 5 months 62 63 64 WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley CO 80631 E -Mail: mwalters(a7co.weld.co.us E-mail: reverett(a�co.weld.co.us Phone: (970) 400-4222 or 4223 Fax: (970) 336-7226 DATE OF BID: MAY 25, 2017 REQUEST FOR: NUNN GRADER SHED DEPARTMENT: BUILDINGS & GROUNDS DEPARTMENT BID NO: #61700098 PRESENT DATE: MAY 31, 2017 APPROVAL DATE: JUNE 14, 2017 VENDORS DS CONSTRUCTORS 3780 B GARFIELD AVE STE 101 LOVELAND CO 80538 D & S STEEL BLDGS CO. 1503 2ND AVE GRELEEY CO 80631 HARRIS CONSTRUCTORS INC P O BOX 336751 GREELEY CO 80633 LANDMARK BUILDERS INC 3812 CARSON AVE EVANS CO 80620 BVB GENERAL CONTRACTORS 5256 SAGEBRUSH ST BRIGHTON CO 80601 S2 GENERAL CONTRACTING LLC 912 38TH AVE CT #4 GREELEY CO 80634 TCC CORPORATION 561 E GARDEN DR UNIT D WINDSOR CO 80550 HEATH CONSTRUCTION 2203 E ALLISON RD CHEYENNE WY 82009 HASELDEN CONSTRUCTION 330 S COLLEGE AVE SUITE 200 FT COLLINS CO 80524 2017-1644 **TOBY TAYLOR WILL REVIEW THE BIDS. 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