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HomeMy WebLinkAboutRFP - P812 SECOND SHEET OF ICE AT EPIC (2)Administrative Services Purchasing Division REQUEST FOR PROPOSAL CITY OF FORT COLLINS SECOND SHEET OF ICE at EPIC PROPOSAL NO. P-812 The City of Fort Collins is requesting proposals from firms for the design and construction of an approximately 27,144 square feet addition to the Edora Pool Ice Center (EPIC) to house a full size ice arena (with sand bed, glycol ice floor medium, screw compressors (minimum two) with staging on each, cooling tower with heat reclaim to ice rink AHU or domestic water and Johnson Controls Metasys Controller (ADX9100 or ASC) for HVAC, with dehumidifiction) and associated facilities and equipment as depicted in the conceptual design, Scenario 2. Written proposals, seven (7) will be received at the City of Fort Collins' Purchasing Division, 256 I West Mountain Avenue, Fort Collins, Colorado 80521. Proposals will be received before 3:00 p.m. (our clock), November 29, 2001. Proposal No. P-812 Copies of the Proposal will be available October 29, 2001. Copies of the proposal documents may be obtained at the office of the Director of Purchasing and Risk Management, 215 North Mason St., 2nd floor, Fort Collins, Colorado, 80524 or by calling (970) 221-6775. No telephone communications regarding the scope of the project will be answered. City of Fort Collins staff will not hold individual meetings with any prospective proposers. Questions concerning the scope of the proposal will be addressed in two ways. 1. A preproposal meeting will be held on November 6, 2001 at 10:00 a.m., at EPIC, 1801 Riverside Ave. Proposers may submit questions in writing prior to the preproposal meeting to Ron Kechter, Project Manager, City of Fort Collins, PO Box 580, Fort Collins, Colorado 80522, FAX 970 221-6534. 2. After the preproposal meeting, questions concerning the scope of the project shall be = submitted in writing to Ron Kechter, Project Manager, City of Fort Collins, PO Box 580, Fort Collins, Colorado 80522, FAX 970 221-6534, by November 15, 2001. Written responses will be mailed or faxed to all known recipients of the Request for Proposal by November 19, 2001. Questions regarding proposals submittal or process should be directed to James B. O'Neill II, CPPO, FNIGP, Director of Purchasing and Risk Management, (970) 221-6775. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 CITY OF FORT COLLINS REQUEST FOR PROPOSALS: SECOND SHEET OF ICE AT EPIC (DESIGNMUILD) PROPOSAL NUMBER P- 812 4.3 MANAGEMENT EXPERIENCE AND CAPABILITY Applicants must have strong project team leadership capability and relevant management experience, for both the design and the construction sequences. Provide information on: • Recent (within the past 5 years) examples of management of projects that required similar management organization, skills, and expertise, to that required of this project Describe the management techniques used during the both the design and construction phases. • Record of environmental violations on construction projects • Safety record on construction projects • Approaches used to cut costs when estimated costs exceed the budget. 4.4 TEAM MEMBER EXPERIENCE Describe the level of participation in the projects listed above by key staff proposed for this project. Provide information regarding each team member's professional licensure. Provide information regarding recent team member experience with the City of Fort Collins development review process, including the procedures and requirements necessary under the new land use code of the City of Fort Collins "City Plan". 4.5 TEAM BUILDING Describe any experience by the team or key staff on the team with similar owner/design/build teams. Describe the firms' experience with team building, either formal or informal. Highlight any team building experience by key staff proposed for this project. Provide references for cited experience. 4.6 UNIQUE CAPABILITIES Describe any unique capabilities/experience the proposed key staff will bring to this project. How will their experience benefit this project? 5. PROPOSAL FORMAT AND CONTENT The City accepts no responsibility or liability for any costs incurred by any team associated with the submittal and selection process. All materials submitted will become the property of the City. The proposal shall remain subject to acceptance for 90 days after the proposal due date. 5.1 FORMAT Submit proposals in an 8-12" x 11" binder, except for the drawings, organized as outlined below. Five (5) copies shall be submitted. Each page must be numbered. It is the responsibility of each team to include any information necessary to adequately respond to each section. Failure to supply the required information may result in rejection of the proposal. Any proprietary information submitted shall be clearly identified and placed in a separate section of the proposal. Proposers may include any additional information they feel would supplement the submittal. Include such supplemental information within an appendix. Page 8 of 14 Proposal No. P-812 I provisions of any applicable statute of limitations or repose. 16.04 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, any general or . specific warranties, guarantees and indemnities imposed upon DESIGNIBUILDER and all of the rights and remedies available to OWNER thereunder, are in addition to, and arc not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 16.05 Survival of Obligations A. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the t _ Contract Documents, will survive final payment, completion and acceptance of the Work and f - termination or completion of the Agreement. 35 EXHIBIT GC -A to GENERAL CONDITIONS OF THE AGREEMENT BETWEEN OWNER AND DESIGN/BUILDER DATED For use with EJCDC No. 1910-40 (1 995 ed.) 15.01 Dispute Resolution Agreement A. Article 15 of the General Conditions of the Contract between OWNER and DESIGNBUILDER is amended to include paragraphs 15.013-15.01.F. B. OWNER and DESIGNBUILDER agree that they -will first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to Itmediation by prior to either of them initiating against the other a demand for arbitration pursuant to paragraph 15.01.0 through 15.01.F, unless delay in initiating arbitration would irrevocably prejudice one of the parties. Any time limits within which to file a demand for arbitration shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until 10 days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. C. All claims, disputes and other matters in question between OWNER and DESIGNBUILDER arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 13.10) will be decided by itbinding arbitration in accordance with subject to the limitations of this paragraph 15.01. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this paragraph 15.01 will be specifically enforceable under the prevailing law of any court having jurisdiction. D. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the designated arbitration entity. The demand for arbitration will be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any 36 such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. E. Except as provided in paragraph 15.01.F below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation,joinder or in any other manner any other individual or entity who is not a party to this contract unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 3. the written consent of the other individual or entity, sought to be included and of OWNER and DESIGNBUILDER has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. F. Notwithstanding paragraph 15.01.E, if a claim, dispute or other matter in question between OWNER and DESIGNBUILDER involves the Work of a Subcontractor, Supplier or Engineer either O WNER or DESIGNBUILDER may join such entity as a party to the arbitration between OWNER and DESIGNBUILDER hereunder. DESIGN/BUILDER shall include in all subcontracts required by paragraph 6.05.D a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and DESIGNBUILDER involvingthe Work of such Subcontractor. Nothing in this paragraph 15.0l.F nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor, Supplier or Engineer against OWNER. SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These supplementary Conditions amend or supplement the Standard General Conditions of the Contract Between Owner and Design/Builder (1910-40, 1995 edition) and other provisions of the Contract Documents as indicated below. Deletions (without revisions) to the General Conditions are made by in the General Conditions and are not separately referenced in the Supplementary Conditions. Revisions to the General Conditions are shown in the Supplementary Conditions below the descriptor "REVISE", with deleted language shown by and added language shown by underline, except that the addition of completely new paragraph (s), or of completely new sentences) added to a paragraph (without other revisions) are not underlined. Such completely new language is shown below the descriptor "ADD". SC-1 DEFINITIONS REVISE the following definitions in ARTICLE 1, Paragraph 1.01, Defined Terms, of the General Conditions: 13. Contract Times --The numbers of days or the dates stated in the Agreement (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment, as evidenced by OWNER's Representative's written recommendation of final yayme d in accordance with paragraph 13.O8.A. 14. defective --An adjective which when modifying the term Construction the term Work refers to Construction or Work that is unsatisfactory, faulty or deficient , in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior OWNER's final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion). 20. Engineer --A duly licensed individual or entity, inci+dina but no l Jimited to an Engineer or r• , �c c designated by DESIGN/BUILDER to perform or furnish specified Design Professional Services in connection with the Work. 21. Field Order --A written order issued by OWNER which orders minor changes in the Work in accordance with ARTICLE a- CsrA=S IN THE WORKCLAIMS, but which does not involve a change in the Contract Price or the Contract Times. 23. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to 28. Notice to Proceed --A written notice given by OWNER to DESIGN/BUILDER fixing the date on which the Contract Times will commence to run and on which ..: DESIGN/BUILDER shall start to perform DESIGN/BUILDERs obligations under the Con _ t Documents. 00800-1 35. Project --The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. ADD the following definitions to ARTICLE 1, Paragraph 1.01, Defined Terms, of the General Conditions: 24A. Legal Holidays --shall be those holidays observed by the City of Fort Collins. 37A. Regular Working Hours --are defined as 7:00 am to 6:00 pm, Monday through Friday, unless otherwise specified in the Contract Documents. 39A. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 40A. Shop Drawings --All drawings, diagrams, illustration, schedules and other data or information which are specifically prepared or assembled by or for DESIGN/BUILDER and submitted by DESIGN/BUILDER to illustrate some portion of the Work. 47A. Underground Facilities --All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, .steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. SC-2 PRELIMINARY MATTERS RNVISE the following language in ARTICLE 2, Paragraph 2.03, Starting the Work, of the General Conditions: 2.03.A. DESIGN/BUILDER shall start to perform the Work on the date when the Contract Times commence to run but no Work shall b donat the n to the date on which the r t Times commenceto run. ADD the following Paragraph to ARTICLE 2, Paragraph 2.04, Before Starting Construction, of the General Conditions, to precede Paragraph 2.04.A: t 2.04.AA. Before undertaking each part of the Work, DESIGN/BUILDER shall carefullystud and Y compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. DESIGN/BUILDER shall promptly report in writing to OWNER any conflict, error, ambiguity, or discrepancy which DESIGN/BUILDER may discover and shall obtain a written interpretation or clarification from OWNER before proceeding with any Work affected thereby; however, DESIGN/BUILDER shall not be liable to OWNER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents, unless DESIGN/BUILDER knew or reasonably should have known thereof. RNVISE the following language in ARTICLE 2, Paragraph 2.04.A.2, Before Starting Construction, of the General Conditions: 2.04.A.2. A preliminary schedule of required Submittals and the times for submitting, reviewing and processing each Submittal; in no cage will a schedule be acc=table which allows less than seven (7) alndar days—fgr each review by OWNER, 00800-2 REVISE the following language in the final sentence in ARTICLE 2, Paragraph 2.04.A.3, Before Starting Construction, of the General Conditions: 2.04.A.3. .... Such prices will include a p,-c :__= anp, p is amount of overhead and profit applicable to each item of Work; .... REVISE ARTICLE 2, Paragraph 2.04.B, Before Starting Construction, by DELETING Paragraph 2.04.B of the General Conditions and ADDING this replacement Paragraph 2.04.B: 2.04.B. Before any Work is started, DESIGN/BUILDER shall deliver to OWNER certificates of insurance (and other evidence of insurance requested by OWNER) which DESIGN/BUILDER is required to purchase and maintain in accordance with ARTICLE 5--BONDS AND INSURANCE. REVISE ARTICLE 2, Paragraph 2.06.A, Initially Acceptable Schedules, by DELETING the first sentence of Paragraph 2.06.A of the General Conditions and ADDING this replacement sentence at the beginning of Paragraph 2.06.A: 2.06.A. Unless otherwise provided in the Contract Documents, before any work at the site begins, a conference attended by DESIGN/BUILDER, OWNER's Representative, and others as designated by OWNER will be held to review for acceptability to OWNER as provided herein the schedules submitted in accordance with paragraph 2.04.A. .... SC-3 CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ADD the following Paragraph to ARTICLE 3, Paragraph 3.01, Intent, of the General Conditions: 3.01.C. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of OWNER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in kgeneral, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise) The use of any such term or adjective shall not be effective to assign to OWNER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to any provision of the Contract Documents. ADD the following Paragraph to the end of Paragraph 3.02.B in ARTICLE 3, Paragraph 3.02, References, of the General Conditions: 3.02.B.3. In the event of conflicting or ambiguous provisions within the Contract Documents, specifications will take precedence over the drawings and jaddenda will take precedence over both. Notwithstanding the foregoing, the more 1, specific provision will take precedence over the less specific; the more stringent will take precedence over the less stringent; the more expensive item r will take precedence over the less expensive. On all drawings, figures take F 00800-3 precedence over scaled dimensions. Scaling of dimensions, if done, is done at the DESIGN/BUILDER's own risk. ADD the following Paragraph to ARTICLE 3, Paragraph 3.02, References, of the General Conditions: 3.02.1). If, during the performance of the Work, DESIGN/BUILDER discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.03.C, DESIGN/BUILDER shall report it to OWNER in writing at once, and DESIGN/BUILDER shall not proceed with the work affected thereby (except in an emergency as authorized by paragraph 6.15) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.03.A; provided, however, that DESIGN/BUILDER shall not be liable to OWNER for failure to report any such conflict, error, ambiguity, or discrepancy unless DESIGN/BUILDER knew or reasonably should have known thereof. ADD the following Paragraph to the end of Paragraph 3.04.A in ARTICLE 3, Paragraph 3.04, Reuse of Documents, of the General Conditions: 3.04.B. Upon conclusion of the Project and before final payment, DESIGN/BUILDER shall provide OWNER with reproducible drawings and electronic computer files of the Project containing accurate information on the Project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non -fading process proven suitable for long-term storage and high -quality reproduction. Electronic computer files shall be in AutoCAD Version 13 format. SC-4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS; HAZARDOUS CONDITIONS REVISE the title of ARTICLE 4 of the General Conditions: ARTICLE 4--AVAILA33ILITY OF LANDS; mmppianxNgSITE SUBSURFACE AM PHYSICAL CONDITIONS; REFERENCE POINTS; HAZARDOUS CONDITIONS REVISE ARTICLE 4, Paragraph 4.02, Differing Site Conditions, by DELETING Paragraph 4.02 of the General Conditions and ADDING this replacement Paragraph 4.02: 4.02. Subsurface and Physical Conditions. A. Reports and Drawings: Refer to these Supplementary Conditions for identification of: I. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by OWNER in preparing the Contract Documents. a. The following report of exploration and tests of subsurface conditions at the site of the work: Proposed City of Fort Collins Administration Building, LaPorte Ave. and Mason St., Fort Collins, Colorado, Project #20985047, dated April 27, 1998 by: Terracon Consultants Western, Inc., Fort Collins, Colorado. 00600-4 0 Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. 2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by OWNER in preparing the Contract Documents. a. No drawings of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.02.G) which are at or contiguous to the site have been utilized in preparation of the Contract Documents, except the following: Not Applicable. B. Limited Reliance by DESIGN/BUILDER Authorized; Technical Data: DESIGN/BUILDER may rely upon the general accuracy of the "technical data,, contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data,, is identified in the Request for Proposals or in these Supplementary Conditions. Except for such reliance on such "technical data,,, DESIGN/BUILDER may not rely upon or make any claim against OWNER, with respect to: (i) the completeness of such reports and drawings for DESIGN/BUILDER'S purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by DESIGN/BUILDER and safety precautions and programs incident thereto, or (ii) other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or (iii) any DESIGN/BUILDER interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. C. Notice of Differing Subsurface or Physical Conditions: If DESIGN/BUILDER believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: (i) is of such a nature as to establish that any "technical data,, on which DESIGN/BUILDER is entitled to rely as provided in paragraphs 4.02.A and 4.02.B is materially inaccurate, or or (ii) is of such a nature as to require a change in the Contract Documents, (iii) differs materially from that shown or indicated in the Contract Documents, or (iv) is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; or (v) is of such a nature as to reasonably be suspected of containing or constituting Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material, or such other substances or materials that may result in significant damage or injury or require compliance with specifically applicable regulatory requirements, unless confirmation of the absence of such condition has previously been provided; then DESIGN/BUILDER shall, immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.15), notify OWNER in writing about such condition. DESIGN/BUILDER shall not further 00800-5 disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. D. OWNER's Review: OWNER will promptly review the pertinent conditions, determine the necessity of obtaining additional exploration or tests with respect thereto. E. Possible Contract Documents Change: If OWNER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.02.C, a Work Change Directive or a Change Order will be issued as provided in Article 9 to reflect and document the consequences of such change. F. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in DESIGN/BUILDER's cost of, or time required for performance of, the Work; subject, however, to the following: 1. such condition must meet any one or more of the categories described in paragraph 4.02.C; 2. a change in the Contract Documents pursuant to paragraph 4.02.E will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; )j 3. with respect to Work that is paid for on a Unit Price Basis, any 1 adjustment in Contract Price will be subject to the provisions of paragraph 10.04; and 4. DESIGN/BUILDER shall not be entitled to any adjustment in the Contract Price or Times if: (i) DESIGN/BUILDER knew of the existence of such conditions at the time DESIGN/BUILDER made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or (ii) the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Request for Proposals or Contract Documents to be conducted by or for DESIGN/BUILDER prior to rr DESIGN/BUILDER's making such final commitment; or (iii) DESIGN/BUILDER failed to give the written notice within the time and as required by paragraph 4.02.0 above. If OWNER and DESIGN/BUILDER are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 10 and 11. However, OWNER shall not be liable to DESIGN/BUILDER for any claims, costs, losses or damages sustained by DESIGN/BUILDER on or in connection with any other project or anticipated project. G. Physical Conditions --Underground Facilities: 1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: a. OWNER shall not be responsible for the accuracy or completeness of any such information or data; and 00800-6 b. the cost of all of the following will be included in the Contract Price and DESIGN/BUILDER shall have full responsibility for: W reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.12 and repairing any damage thereto resulting from the Work. 2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, DESIGN/BUILDER shall, immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.15), identify the owner of such Underground Facility and give written notice to that owner and to OWNER. OWNER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If OWNER concludes that a change in the Contract Documents is required, a work Change Directive or a Change Order will be issued as provided in Article 9 to reflect and document such consequences. During such time, DESIGN/BUILDER shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.12. DESIGN/BUILDER may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that DESIGN/BUILDER did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and DESIGN/BUILDER are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, DESIGN/BUILDER may make a claim therefor as provided in Articles 10 and 11. However, OWNER shall not be liable to DESIGN/BUILDER for any claims, costs, losses or damages incurred or sustained by DESIGN/BUILDER on or in connection with any other project or anticipated project. REVISE ARTICLE 4, Paragraph 4.04, Hazardous Conditions, by DELETING Paragraph 4.04 of the General Conditions and ADDING this replacement Paragraph 4.04: 4.04. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material A. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site unless such substance or material should have been ascertained by DESIGN/BUILDER in accordance with paragraph 4.02.C.(v). OWNER shall not be responsible for any such materials brought to the site, managed, stored, or disposed of by DESIGN/BUILDER, Subcontractors, Suppliers, or anyone else for whom DESIGN/BUILDER is responsible. SC-5 BONDS AND INSURANCE 00800-7 REVISEthe following language in ARTICLE 5, Paragraph 5.01.B, Performance, Payment and Other Bonds, of the General Conditions: 5.01.B. If any surety on any Bond furnished by DESIGN/BUILDER is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.A, DESIGN/BUILDER shall within t-h}E ten (10) days thereafter substitute another Bond and surety, ___-g___h -- - both of which r �� b acceptable hl to OWNER. REVISE the following language in ARTICLE 5, Paragraph 5,02, DESIGN/BUILDER's Liability Insurance, of the General Conditions: 5.02.B.1. With respect to insurance required by paragraphs 5.02.A.3 through 5.02.A.6 inclusive, 5.02.B.3. and 5 02 include as additional insureds obie_ct to any c st mars Pxcliasign in respect of profe c; nab ljab li yL OWNER and OWNER's Consultants and any other persons or entities indicated in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds. ADD the following language to the end of Paragraph 5.02.B.2 in ARTICLE 5, Paragraph 5.02.B, DESIGN/BUILDER's Liability Insurance: 5.02.B.2. .... The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: For Paragraphs 5.02.A.1 and 5.02.A.2: Coverage A - Statutory Limits; Coverage B - $100,000 / $100,000 / $500,000 For Paragraphs 5.02.A.3 and 5.02.A.5: The Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. For Paragraph 5.02.A_6: The Comprehensive Automobile Liability Insurance Policy will have limits of $1, 000, 000 combined single limits (CSL). For Paragraph 5.02.B.3: This policy will include completed operations coverage / product liability coverage with limits of $1,000,000 combined single limits (CSL). This policy shall also include an Umbrella Excess Liability as follows: General liability and automobile liability insurance in an amount not less than $1,000,000 per occurrence in excess of the above stated primary limits. For Paragraph 5.02.C: The Professional Liability Errors & Omissions policy will have limits of $5,000,000_ ADD the following Paragraph in ARTICLE 5, Paragraph 5.02, DESIGN/BUILDER'S i Liability Insurance, of the General Conditions: 5.02.C. DESIGN/BUILDER's Professional Liability Errors & Omissions Insurance. DESIGN/BUILDER shall purchase and maintain such Professional Liability Errors & Omissions insurance as is appropriate for the work being performed and furnished and as will provide protection from claims which may arise out of or result from DESIGN/BUILDER'S performance and furnishing of the Work and DESIGN/BUILDER's other obligations under the Contract Documents, whether-• it is to be performed or furnished by DESIGN/BUILDER, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform 00800-8 se CITY OF FORT COLLINS REQUEST FOR PROPOSALS: SECOND SHEET OF ICE AT EPIC (DESIGN/BUILD) PROPOSAL NUMBER P- 812 5.2 CONTENT 6.2.1 COVER PAGE Include a signed page with the following information at the front end of the proposal. • Name of team and address • Telephone number • Fax number • Name and Title of individual signing for the team • Signature • Date • The Guaranteed Maximum Price to the City 5.2.2 TABLE OF CONTENTS Include a table of contents identifying the various sections of the proposal. 5.2.3 STATEMENT OF UNDERSTANDING Provide a written description of the project scope and objectives as you understand them to be from the request for proposals. Provide a written description of the scope of services the team will provide to best meet the needs of the project. 5.2.4 TEAM ORGANIZATION AND MANAGEMENT PLAN Provide a clear and descriptive organizational chart. Identify all firms and key personnel including, but not limited to, the names of architectural and engineering consulting firms, project managers, and construction superintendents that are members of the design build team. Describe their project roles and responsibilities and their reporting accountability. Show how the team will be managed, including internal, sub -consultant, and sub -contractor management. Describe the work to be performed by each firm that is a member of the team. 5.2.5 PROJECT EXPERIENCE AND QUALIFICATIONS Provide the information requested in Section 4, QUALIFICATIONS, regarding design - build projects of similar scope, financial capability, management experience and capability, experience with sustainable design, team member experience, partnering, and any unique capabilities the team has. i In addition, provide legal evidence of the team's form of business, i.e.: corporation, partnership, joint venture, or sole proprietor. Provide the legal business address, contact person, and phone number for each firm that is part of the team. Provide evidence that the team has the capacity to bond or otherwise insure the entire project concurrently with current and anticipated workloads. Teams selected for interviews may be asked to provide a copy of the team's, or each finn's, latest financial statement. 6.2.6 KEY PERSONNEL Provide a one -page resume for each individual listed on the organizational chart. List the individual's firm, position, project experience, education, and license or registration. 5.2.7 DESIGN PROCESS ' Describe the sequence of the design process you will use, who will be involved in each step, and how the team proposes to work with the City during the design of this project. Page 9 of 14 Proposal No. P-812 or furnish any of the Work, or by anyone for whose acts any of them may be liable. REVISE ARTICLE 5, Paragraph 5.04, Property Insurance, and Paragraph 5.05, Waiver of Rights, by DELETING the entirety of Paragraphs 5.04 and 5.05 of the General Conditions and ADDING this replacement Paragraph 5.04: 5.04. Property Insurance The Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the State of Colorado, Builder's Risk insurance for 100% of the contract value for the entire project at the site on a replacement cost basis with a deductible of $10,000 for all perils. This Builder's Risk Policy shall provide "all risk" coverage including Earthquake and Flood. The policy shall be maintained, unless otherwise provided in the contract documents or otherwise agreed upon in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property to be covered, whichever is earlier. The Builder's Risk policy shall include the interests of the Owner, the Design -Builder, subcontractors, and sub - subcontractors in the project. In the event of a covered loss, the Design -Builder shall be responsible for payment of the $10,000 deductible, which shall be considered as a cost of the work. A waiver of subrogation clause applies to the Builder's Risk policy against all parties named as insureds, but only to the extent that any loss is covered. Losses insured by the Builder's Risk policy that are in excess of the $10,000 deductibleshall be adjusted strictly with the Owner. Any insurance Payments/proceeds shall be made payable to the Owner subject to the requirements of any applicable mortgagee clause. The Owner shall pay the Design -Builder their just share of any insurance proceeds. The Design -Builder shall pay their subcontractors their just shares of any insurance proceeds received by the Design -Builder, and by appropriate agreements, written where legally required for validity, shall require subcontractors to make payments to their sub - subcontractors in similar manner. REVISE ARTICLE 5, Paragraph 5.07, Acceptance of .Bonds and Insurance; option to Replace, by DELETING Paragraph 5.07.A of the General Conditions and ADDING this replacement Paragraph 5.07.A.: 5.07.A. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by DESIGN/BUILDER in accordance with Article 5 on the basis of non-conformance with the Contract Documents, OWNER will notify DESIGN/BUILDER in writing within fifteen (15) days after delivery of the certificates to OWNER as required by paragraph 2.04.B. 00800-9 SC-6 DESIGN/BUILDER'S RESPONSIBILITIES REVISE the final sentence in ARTICLE 6, Paragraph 6.01.A., Standard of Care, of the General Conditions: 6.01.A. .... The standard of care for all such services performed or furnished under this Agreement will be the care and skill ordinarily used by members of the architectural and engineering professions practicing under similar conditions at the same time and locality. ADD the following sentence to the end of Paragraph 6.03.A in ARTICLE 6, Paragraph 6.03, Labor, Materials and Equipment, of the General Conditions: 6.03.A. .... DESIGN/BUILDER shall submit requests to OWNER no less than 48 hours in advance of any Work to be performed on Saturday, Sunday, Legal Holidays, or outside Regular Working Hours. ADD the following Paragraphs in ARTICLE 6, Paragraph 6.03, Labor, Materials and Equipment, of the General Conditions: 6.03.B.1. Purchasing Restrictions: DESIGN/BUILDER must comply with the City's purchasing restrictions. Copies of the resolution(s) are available for review in the offices of the Purchasing and Risk Management Division or the City ' Clerk's office. i 6.03.B.2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. ADD the following Paragraphs in ARTICLE 6, Paragraph 6.03, Labor, Materials and Equipment, of the General Conditions: 6.03.D. Substitutes and "Or -Equal" Items: Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by OWNER under the following circumstances: 1. "Or -Equal If in OWNER's sole discretion an item of material or { equipment proposed by DESIGN/BUILDER is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by OWNER as an "or -equal" item, in which case review and approval of the proposed item may, in OWNER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 2. Substitute Items: If in OWNER's sole discretion an item of material or equipment proposed by DESIGN/BUILDER does not qualify as an "or -equal" item under i Paragraph 6.03.D.1, it will be considered a proposed substitute item. DESIGN/BUILDER shall submit sufficient information as provided below to allow OWNER to determine that the item of material or equipment proposed is essentially �• equivalent to that named and an acceptable substitute therefor. The procedure for review by the OWNER will include the following as supplemented in the General (t' t, 00800-10 Requirements and as OWNER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by OWNER from anyone other than DESIGN/BUILDER. If DESIGN/BUILDER wishes to furnish or use a substitute item of material or equipment, shall first make written application to OWNER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice DESIGN/BUILDER'S achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute, and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly i from acceptance of such substitute, including costs of redesign and claims of i., other contractors affected by the resulting change, all of which will be considered by OWNER in evaluating the proposed substitute. OWNER may require DESIGN/BUILDER to furnish additional data about the proposed substitute. 3. DESIGN/BUILDER'S Expense: All data to be provided by DESIGN/BUILDER in support of any proposed "or -equal" or substitute item will be at DESIGN/BUILDER'S expense_ 4. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, DESIGN/BUILDER may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to OWNER. DESIGN/BUILDER shall submit sufficient information to allow OWNER, in OWNER's sole discretion, to determine that the r- substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by OWNER will be similar to that provided k- in paragraph 6.03.D.2. 5. OWNER's Evaluation: OWNER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs i 6.03.D.2 and 6.03.D.4. OWNER will be the sole judge of acceptability. No "or - equal" or substitute will be ordered, installed or utilized without OWNER's prior written acceptance which will be evidenced by either a Change order or an i_ approved Shop Drawing or Submittal. OWNER may require DESIGN/BUILDER to furnish at DESIGN/BUILDER'S expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. OWNER will record time required by OWNER and OWNER's Consultants in evaluating substitutes proposed or submitted by DESIGN/BUILDER pursuant to paragraphs 6.03.D.2 and 6.03.D.4. and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not _.� OWNER accepts a substitute item so proposed or submitted by DESIGN/BUILDER, DESIGN/BUILDER shall reimburse OWNER for the charges of OWNER and OWNER's f= Consultants for evaluating each such proposed substitute item. 00800-11 REVISE the following language in ARTICLE 6, Paragraph 6.04, Progress Schedule, of the General Conditions: 6.04.A.1. DESIGN/BUILDER shall submit to OWNER for acceptance proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect, and additionally will cOQ01y with any provis,' a Contract Doc um nts applicable thereto. ADD the following language to the end of Paragraph 6.05.A in ARTICLE 6, Paragraph 6.05, Concerning Subcontractors, Suppliers and Others, of the General Conditions: 605.A. .... DESIGN/BUILDER shall perform not less than 20 percent of the Work with its own forces (that is, without subcontracting). The 20 percent requirement shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Price. ADD the following Paragraph in ARTICLE 6, Paragraph 6.05, Concerning Subcontractors, Suppliers and Others, of the General Conditions: 6.05.C.1. The divisions and sections of the specifications and the identifications of any Drawings shall not control DESIGN/BUILDER in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. REVISE the final two sentences in ARTICLE 6, Paragraph 6.07, Permits, of the General Conditions: 6.07.A. .... DESIGN/BUILDER shall pay all governmental charges and inspection fees necessary for the prosecution of the F.=ms#r- Work, which are applicable on the last day for receipt of Proposals or on th-faffectiveda o the Agreement. DESIGN/BUILDER shall pay all charges of utility owners for ' connections to the Work, and DESIGN/BUILDER hail pay for all of the fo 33 fees- Building Permit-Igg and. Plan Chgck Fee. ADD the following Paragraph in ARTICLE 6, Paragraph 6.09, Taxes, of the General Conditions: 6.09.8. OWNER is exempt from Colorado state and local sales and use taxes on materials to be permanently incorporated into the project. Said taxes shall not be included in the Contract Price. tt DESIGN/BUILDER must apply for, and receive, a Certificate of Exemption 1 from the Colorado Department of Revenue for construction materials to be physically incorporated into the project. This Certification of Exemption provides that the DESIGN/BUILDER shall neither pay nor include in his Proposal, sales and use taxes on those building and construction materials physically incorporated into the project. Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver, Colorado 80261 Sales and use taxes for the State of Colorado, Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable sales and use taxes (including State collected taxes) on any items other than construction and building materials physically incorporated 00800-12 into the project are to be paid by DESIGN/BUILDER and are to be included in appropriate Work items. REVISE Paragraph 6.10.A by DELETING each of the three appearances of the word "Construction" and ADDING "Work" in ARTICLE 6, Paragraph 6.10, Use of Site and Other Areas, of the General Conditions: 6.10.A. .... nc:ct..49tie Work .... REVISE the final sentence in ARTICLE 6, Paragraph 6. 11, Record Documents, of the General Conditions: 6.11.A. .... Upon completion of the Work and nr•or to release of fin ga payment, these record documents and Submittals, including a reproducible set of record drawings as provided ;n paragraph 3.04.B, will be delivered to OWNER. REVISE the following sentence in ARTICLE 6, Paragraph 6.15, Emergencies, of the General Conditions: 6.15. .... DESIGN/BUILDER shall give OWNER prompt written notice if DESIGN/BUILDER believes that any significant changes in the W variations from the Contract Documents have been caused thereby. ,� or REVISE the first sentence in Paragraph 6.18.A in ARTICLE 6, Paragraph 6.18, f DESIGN/BUILDER'S General Warranty and Guarantee, of the General Conditions: 6.18.A. DESIGN/BUILDER warrants and guarantees to OWNER that all GR�" '-gin Wor will be in accordance with the Contract Documents and will not be defective. .... REVISE the following language in Paragraph 6.18.A.1 in ARTICLE 6, Paragraph 6,18, DESIGN/BUILDER's General Warranty and Guarantee, of the General Conditions: 6.18.A.1. Abuse, modification, or improper maintenance or operation by persons other than DESIGN/BUILDER, Subcontractors or Suppliers unless such abuse modification or smn nP t ---- could r �4 -r op�rat' s permitted h o seasonably have been Rrevented �,r:__ .. __ by DF. T NZHiTT T.T1F.n_ g,b not,•a rh n__rc aURR - REVISE the following language in Paragraph 6.18.B.3 in ARTICLE 6, Paragraph 6.18, DESIGN/BUILDER's General Warranty and Guarantee, of the General Conditions: (_ 6.18.B.3. The issuance of a certificate of Substantial Completion or anv t Dayment by OWNER to nocTnN/anrr„on undg_ - -- t Documents,. !- REVISE ARTICLE 6, Paragraph 6.19.A, Indemnification, of the General Conditions: 6.19.A. DESIGN/BUILDER shall indemnify and hold harmless OWNER, OWNER's officers, directors, employees, agents and consultants from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from the performance of lea Work, provided that any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent such claim, cost or damage is caused in whole or ;n parr by any negligent act or omission of 00800-13 DESIGN/BUILDER, any Subcontractor, Engineer, any Supplier, any individual or entity directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, ;ggard� o whether or not caused in part by any negligence omission a entity in indemnified hereunder or whether liability is Ampgggd upon st ti lnde_ ^�eparty by Laws and Regulations regardleas of the n gliq nce of any such ind"v dual or entity. REVISE the first portion of Paragraph 6.19.B. in ARTICLE 6, Paragraph 6.19, Indemnification, of the General Conditions: 6.19.B. In any and all claims against OWNER or any of their OWNER'S respective consultants, agents, officers, directors, or employees ... ADD the following Paragraph 6.20 in ARTICLE 6 of the General Conditions: 6.20. Survival of Obligations. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. SC-7 OTHER CONSTRUCTION REVISE the title of Paragraph 7.01 in ARTICLE 7, Paragraph 7,01, Related Construction at Site, of the General Conditions: 7.01. Related, Work at Site REVISE the first sentence in Paragraph 7.01.B in ARTICLE 7, Paragraph 7.01, r� Related Work at Site, of the General Conditions: 7.01.B. DESIGN/BUILDER shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of t' materials and equipment and the execution of such other work and shall properly connect and coordinate the en Work with theirs. .... ' SC-8 RESIDENT PROJECT REPRESENTATIVE 8.03.B. The Resident Project Representative deals in matters pertaining to the work. Any such dealings will be with or through the Design/Builder. Dealings with subcontractors will only be through or with the full knowledge and approval of the Design/Builder. 00800-14 t; Duties and Responsibilities of the Resident Project Representative are: Attend meetings with the Design/Builder such as preconstruction conferences, progress meetings and other job conferences. Serve as Owner's liaison with Design/Builder working principally through Design/Builder's superintendent to assist the Design/Builder in obtaining from OWNER additional details or information, when required, for proper execution of the Work. Advise the Design/Builder of the commencement of any Work pertaining to a Shop Drawing, data, or sample submission which does not meet the Contract Documents. Conduct on -site observations of the work in progress in determining that the Work is proceeding in accordance with the Contract Documents. _ Report to the Design/Builder's superintendent whenever the Resident i, Project Representative believes that the Work is unsatisfactory, faulty or defective, does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspections, tests or approvals required to be made; and advise the Owner's Representative and Design/Builder when he believes work .. should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project. Consider and evaluate Design/Builder suggestions for modification in Drawings or Specifications and report these recommendations to Owner's Representative. Maintain at the Resident Project Representative office orderly files concerning correspondence, reports of job conferences, Shop Drawings, data, and samples, reproductions or original Contract Documents including all work Directive Changes, Addenda, Change Orders, Field Orders, additional drawings issued subsequent to the execution of the Agreement, Design/Builder clarifications and interpretations of the Contract Documents, progress reports and other project documents. Keep a diary, daily report form, or log book, recording hours on the job site, weather conditions, data relative to questions of work directive changes, Change Orders, or changed conditions, list of job site visitors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. 00800-15 Report immediately to Owner's Representative the occurrence of any accident. Review application for payment with Design/Builder for compliance with the established procedure for their submission and will submit to the Owner's Representative. Conduct final inspection with the Design/Builder and Owner's Representative observe that all items on the final inspection list have been corrected or completed and make recommendations to Owner's Representative concerning acceptance. The Resident Project Representative shall not: Authorize any deviations from the Contract Documents or accept any substitute materials or equipment. Exceed limitations of Resident Project Representative authority as set forth in the Contract Documents. Undertake any of the responsibilities of the Design/Builder, Subcontractors, or Design/Builder's superintendent. Advise on, or issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or Procedures for construction unless such is specifically called for in the Contract Documents. Advise on or issue directions regarding or assume control over safety precautions and programs in connection with the Work. Accept Shop Drawings, data, or samples submittals from anyone other than the Design/Builder. SC-9 CHANGES IN THE WORK; CLAIKS REVISE the first sentence, thereby creating two sentences, in ARTICLE 9, Paragraph 9.01, General --Rights and Obligations, of the General Conditions: 9.01.A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work Within the gen-- seege—e€—�§e sr S„rh additions d r'ons or gag�,s will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. .... REVISE Paragraph 9,07.A.1 in ARTICLE 9, Paragraph 9.07, Execution of Change Orders, of the General Conditions: 9.07.A.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 9.01, 00800-16 (ii) required because of the acceptance of defective Construction or Work under paragraph 12.08 or correcting defective Construc jon or Work under paragraph 12.09 or (iii) agreed to by the parties; and ADD the following language to the conclusion of Paragraph 9.07.A, after Paragraph 9.07.A.2, in ARTICLE 9, Paragraph 9.07, Execution Of Change Orders, of the General Conditions: 9.07.A. ....provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, DESIGN/BUILDER shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.17. ADD the following Paragraph in ARTICLE 9 of the General -Conditions: 9.09. By the execution of a Change Order, a Work Change Directive, or Written Agreement, OWNER and DESIGN/BUILDER expressly acknowledge and agree that said Change Order, Work Change Directive, or Written Agreement provides for a fair and equitable adjustment in Contract Price and/or Contact Time for the additions, deletions, or revisions in the Work as authorized by said Change Order, Work Change Directive or Written Agreement. OWNER and DESIGN/BUILDER further expressly acknowledge and agree that claims for adjustments to the Contract Price and/or Contract Time covered by a Change Order, Work Change Directive or Written Agreement are not valid. SC-10 CHANGE OF CONTRACT PRICE ADD the following sentence in ARTICLE 10, Paragraph 10.01, General, at the conclusion of Paragraph 10.01.A of the General Conditions: 10.01.A. .... All duties, responsibilities and obligations assigned to or undertaken by DESIGN/BUILDER in these Contract Documents shall be at DESIGN/BUILDER's expense without change in the Contract Price. REVISE ARTICLE 10, Paragraph 10.01, General, of the General Conditions: 10-01.C.2. Where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment asis including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 10.02) or by mutually agreed unit prices; ADD the following language to the conclusion of Paragraph 10.02.A.3 in ARTICLE 10, Paragraph 10.02.A, Costs Included, of the General Conditions: 10.02.A.3. If required by OWNER, DESIGN/BUILDER shall obtain competitive bids from Subcontractors acceptable to OWNER and DESIGN/BUILDER, and shall deliver such bids to OWNER who will then determine which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as DESIGN/BUILDER's Cost of the Work and fee as provided in ARTICLE 10. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 00800-17 The following work will be performed as self -work by DESIGN/BUILDER, or subcontracted to the following firms (subject to executing a subcontract agreements.) REVISE the first sentence in Paragraph 10.02.A.6.f in ARTICLE 10, Paragraph 10.02.A, Costs Included, of the General Conditions: 10.02.A.6.f. Losses, damages and related expenses caused by damage to the Work not compensated by insurance or otherwise, sustained by DESIGN/BUILDER in connection with the furnishing and performance of the Work (except losses and damaoes wii,;n the deductible amounts of pr,opg=ty 'n nceestab]iah ed by causes in accordance withparagr�ph 5.04 at,ove), provided they have resulted from causes other than the negligence of DESIGN/BUILDER, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. .... REVISE Paragraph 10.02.A.6.i in ARTICLE 10, Paragraph 10.02.A, Costs Included, of the General Conditions: 10.02.A.6.i. Cost of premiums for a4-1 additional Bonds and insurance I DESIGN/BUILDER is required by the Contract Documents to purchase and maintain !� beca,se of changgg in the Work. ADD the following Paragraph in ARTICLE 10, Paragraph 10.02.B, Costs Excluded, of the General Conditions: + 10.02.B.6. Cost of premiums for all Bonds and for all insurance whether or not DESIGN/BUILDER is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by paragraph 10.02.A.6.i t' above). REVISE Paragraphs 10.02.C.2.a, 10.02.C.2.b, 10.02.C.2.c and 10.02.C.2.d in _ ARTICLE 10, Paragraph 10.02.C, Fee, of the General Conditions: t 10.02.C.2.a For costs incurred under paragraphs 10.02A.1, A.2, A.5 and A.6 the DESIGN/BUILDER's fee shall be-35 3 percent; 10.02.C.b For costs incurred under paragraph 10.02.A.3 and 10.02.A.4, the DESIGN/BUILDER's fees shall be €_.- .1 percent; 10.02.C.2.c. Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 10.02.A.1, 10.02.A.2, and 10.02.A.3 is that the Subcontractor who actually performs or furnishes Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 10.02.A.1 and 10.02.A.2 and that any higher tier Subcontractor and DESIGN/BUILDER will each be paid a fee-�6pe the H-A lewe� to n aotiated in good fa th wi t n[ ro not to exceed v { percent o the amount Raid_ to the next l ower ; er Subcontractor; l . 10.02.C.d. The amount of credit to be allowed by DESIGN/BUILDER by OWNER for any change which results in a net decrease in cost will be the amount of the f' 00800-18 CITY OF FORT COLLINS REQUEST FOR PROPOSALS: SECOND SHEET OF ICE AT EPIC (DESIGN/BUILD) PROPOSAL NUMBER P- 812 6.2.8 PROJECT COST, SCHEDULE, AND QUALITY CONTROL Describe the methods/process the team will take to control the costs, schedule, and quality of the work during each phase of the project. Indicate periods of owner participation. Explain the methods that will be used to insure delivery of a project that meets or exceeds the contract documents or the City's needs. 6.2.9 GUARANTEED MAXIMUM PRICE Show a break down of the costs for design, pre -construction, construction, site improvements, off -site improvements, equipment, and contingencies. Establish in detail the cost for general conditions, general and administrative overhead and design and construction fees. 5.2.10 SCHEDULE Provide a Gantt chart schedule that includes dates for design activities, development review activities, construction activities, and substantial completion. 5.2.11 PROPOSAL SECURITY Each proposal must be accompanied by a Proposal Security made payable to the City of Fort Collins in the amount of 5% of the Guaranteed Maximum Price. The required security must be in the form of a certified or bank cashier's check, or a Bid Bond on the attached form. A surety meeting the requirements of the General Conditions for surety bonds must execute the Bid Bond. The successful Proposer's Proposal Security will be retained until such Proposer has executed the Agreement and furnished the required contract security, whereupon the Proposal Security will be returned. If the successful Proposer fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, the City may annul the Notice of Award and the Proposal Security of that Proposer will be forfeited. 6.2.12 REQUIRED SCHEMATIC DRAWINGS I • 1/30" Architectural Site Plan indicating building footprint, and areas of parking, landscaping, and pedestrian circulation. r • 1/16" One -line type of Floor plans of all floors indicating locations of departments, conference rooms, break rooms, support spaces, public circulation, and core areas. In addition, the ground floor plan should show the relationship to the outdoors, the location of entries, and public lobby. • 1/16" Elevations for all building facades indicating the major exterior materials, fenestration patterns and building heights. • 1/16" Building Sections showing longitudinal and latitudinal sections. Sections should indicate floor to floor heights, ceiling heights, interstitial spaces for infrastructure, and a graphic depiction of the daylighting and/or other energy saving strategies used. 5.2.13 PROPOSED COMMISSIONING PLAN ° Include a description of the activities the Commissioning Agent will perform to ensure a commissioning process that complies with the requirements of this project. Page 10 of 14 Proposal No. P-812 actual net decrease in cost plus a deduction in DESIGN/BUILDER's fee by an amount equal to give -1 percent of such net decrease; REVISE Paragraph 10.04.C.1 in ARTICLE 10, Paragraph 10.04, Unit Prices, of the General Conditions: 10.04.C.1. the quantity of any item of Unit Price Work performed by DESIGN/BUILDER differs materially and gjanificantly from the estimated quantity of such item indicated in the Contract Documents by more than the percentage indicated in the Supplementary Conditions, and ADD the following Paragraph in ARTICLE 10, Paragraph 10.04, Unit Prices, of the General Conditions: 10.04.D. DESIGN/BUILDER acknowledges that OWNER has the right to add or delete items of the Work or change quantities at OWNER's sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twenty-five percent of the es imat d cniantity for the item er'- _-, t_, _ SC-11 CHANGE OF CONTRACT TIMES REVISE Paragraph 11.02.E in ARTICLE 11, Paragraph 11.02, Time Extensions, of the General Conditions: 11.02.B. Ns#h`` nRg 2 L__- _ nrr--�••• a.._ be delay, _r______ aet More DESIGN/BUTLDER is preventgd from complet-ina anv Da o- n Wo k w fh ItImh Contract Times (or Miles on s) due to d iay *ryond the control of OWNER anA DESIGN/BUILDER. an extension of the Contra�� Times (or M'l r��� an amQ= 2crual tQ the time logit due to such delay shall be pESIGN/B ILDER sole and exclusive remedy for such dewy. In no event shall OWNER be liable to DESIGN/BUILDER for costs or damages arising out of or resulting from: (i) delays caused by or within the control of DESIGN/BUILDER, or (ii) delays beyond the control of both parties, including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts of neglect by governmental agencies, utility owners or other contractors performing other work as contemplated by Article 7. SC-12 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION REVISE the title of Article 12, TESTS AND INSPECTIONS; CORRECTION,. REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION, of the General Conditions: ARTICLE 12--TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION OR ➢PORK REVISE the following language in Paragraph 12.01.A in ARTICLE 12, Paragraph t_ 12.01, Notice of Defects, of the General Conditions: 12.01.A. Prompt wgin notice of all defective Construction or Work of p which OWNER has actual knowledge will be given to DESIGN/BUILDER by OWNER. All 00800-19 defective Construction or Work may be rejected, corrected or accepted as provided in this Article 12. REVISE the first sentence of Paragraph 12.03.A in ARTICLE 12, Paragraph 12.03, Tests and Inspections, of the General Conditions: 12.03.A. If the Contract Documents or Laws or Regulations of any public body having jurisdiction require any part of the renq#-"etjej W r specifically to be inspected, tested or approved, DESIGN/BUILDER shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish OWNER the required certificates of inspection or approval. .... ADD the following Paragraph in ARTICLE 12, Paragraph 12.03, Tests and Inspections, of the General Conditions: 12.03.D. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except (i) for inspections, tests, or approvals covered by paragraph 12.03.A above; (ii) that costs incurred in connection with tests or inspections conducted pursuant to paragraph 12.04.B below shall be paid as provided in said paragraph 12.04.B; and (iii) as otherwise specifically provided in the Contract Documents. REVISE the first portion of the second sentence in Paragraph 12.04.B in ARTICLE 12, Paragraph 12.04, Uncovering Construction, of the General Conditions: 12.04.B. If it is found that such Construction is defective, DESIGN/BUILDER shall pay all claims. costs, losses and damages caused by, arising Out Of. or resulting from such uncovering, exposure, observation, inspection and - testing and of satisfactory replacement or rework ... REVISE the following language, including the title, in ARTICLE 12, Paragraph 12.05, OWNER May Stop the Construction, of the General Conditions: 12.05 OWNER May Stop the Construction or Work 12.05.A. If the Construction or work is defective, or DESIGN/BUILDER fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Construction or Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order DESIGN/BUILDER to stop Construction or Work or any portion thereof, until the cause for such order has been eliminated; however, this right Of OWNER to stop Construction shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of DESIGN/BUILDER or any surety or other party. REVISE the following language,�- in ART, 12.06, Correction or Removal of l Defective tit on,ICLE of 1theParagraph General Conditions: 12.06 Correction or Removal of Defective Construction or Work 12.06.A. OWNER will have the authority to disapprove or reject defective Construction or Work and will have the authority to require special inspection or testing of the Construction or Work whether or not the Construction or Work �= is fabricated, installed or completed. If required by OWNER, DESIGN/BUILDER shall promptly, as directed, either correct all defective whether or not the Construction or work is fabricated, installed or completed Construction or Work,' 00800-20 whether or not fabricated, installed or completed, or, if the Construction 2X Work has been rejected by OWNER, remove it from the Site and replace it with nondefective Construction or Work. DESIGN/BUILDER shall bear all direct, indirect and consequential costs of such correction, replacement and/or removal (including but not limited to all claims costcostg, 1Qsses and damage_ caused by, arising out of. or resulting from such correction,placement and/or removal, And fees and charges of engineers, architects, attorneys and other professionals} made necessary thereby)-. REVISE the following language in Paragraph 12.07.A in ARTICLE 12, Paragraph 12.07, Correction Period, of the General Conditions: 12.07.A. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the contract Documents, any Construction or Work is found to be defective, DESIGN/BUILDER shall promptly, without cost OWNER and in accordance with OWNER's written instructions, (i) correct such defective Construction or Work, or, if it has been rejected by OWNER, remove it from the Site and replace it with Construction that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Construction or Work or the work of others resulting therefrom. If DESIGN/BUILDER does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Construction or Work corrected or the rejected Construction or Work removed and replaced, and all claims, costs, losses and damages caused by, arising out of or resulting from such correction or removal (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others) will be paid by DESIGN/BUILDER. �- RSVI38 the following language in Paragraph 12.07.0 in ARTICLE 12, Paragraph 12.07, Correction Period, of the General Conditions: 12.07.C. Where defective Construction or Work (and damage to other Construction or work resulting therefrom) has been corrected, removed or replaced under this paragraph 12.07, the correction period hereunder with respect to such 7 Construction or Work will be extended for an additional period of one year after correction or removal and replacement has been satisfactorily completed. REVISE the following language, including the title, in ARTICLE 12, Paragraph 12.08, Acceptance of Defective Construction, of the General Conditions: 12.08 Acceptance of Defective Construction or work 12.08.A. If, instead of requiring correction or removal and replacement of defective Construction or Work, OWNER may do so. DESIGN/BUILDER shall pay all costs attributable to OWNER's evaluation of and determination to accept such defective Construction or Work (such costs to include but not be limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs). If any such }} acceptance occurs prior to final payment, a Change Order will be issued 4_ 1_ 00800-21 incorporating the necessary revisions in the Contract Documents with respect to the Construction and Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 9. If the acceptance occurs after final payment, an appropriate amount will be. paid by DESIGN/BUILDER to OWNER. f' REVISE the following language, including the title, in ARTICLE 12, Paragraph 12.09, OWNER May Correct Defective Construction, of the General Conditions: 12.09 OWNER May Correct Defective Construction or Work 12.09.A. If DESIGN/BUILDER fails within a reasonable time after V*Itte notice from OWNER to correct defective Construction or Work or to remove and replace rejected Construction or Work as required by OWNER in accordance with paragraphs 12.06.A or 12.07.A, or -if DESIGN/BUILDER fails to perform the Construction or Work in accordance with the Contract Documents, or if DESIGN/BUILDER fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to DESIGN/BUILDER, correct + and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude DESIGN/BUILDER from all or part of the 1 Site, take possession of all or part of the Construction or Work, and suspend DESIGN/BUILDER'S services related thereto, take possession of DESIGN/BUILDER'S tools, appliances, construction equipment and machinery at the Site and incorporate in the Construction or work all materials and equipment stored at the Site or for which OWNER has paid DESIGN/BUILDER but which are stored elsewhere. DESIGN/BUILDER shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. All costs and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against DESIGN/BUILDER and a Change Order will be issued incorporating the necessary revision in the Contract Documents and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 9. Such plaims, costs, losses and damages will include but not be limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others destroyed or damaged by 1t correction, removal or replacement of DESIGN/BUILDER'S defective Construction qr Work. DESIGN/BUILDER shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Construction or Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. L_ OO800-22 SC-13 PAYMENTS TO DESIGN/BUILDER AND COMVLE710N REVISE the following language in Paragraph 13.02.A in ARTICLE 13, Paragraph 13.02, Application for Progress Payment, of the General Conditions: 13.02.A. .... If payment is requested on the basis of materials and equipment not incorporated in the work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance provided by D SI NIB ILDER and other arrangements to protect OWNER-s interest therein, all of which will be satisfactory to OWNER. ADD the following Paragraph in ARTICLE 13, Paragraph 13.02, Application for Progress Payment, of the General Conditions: 13.02.B. Any funds that are withheld by OWNER shall not be subject to substitution by DESIGN/BUILDER with securities or any arrangements involving an escrow or custodianship. By executing the Application for Payment form, DESIGN/BUILDER expressly waives his right to the benefits of Colorado Revised Statutes, Section 24-91-101, et seq. REVISE the title in ARTICLE 13, Paragraph 13.04, Progress Payments, of the General Conditions: 13.04. Review of Applications for Progress Payment REVISE the first sentence of Paragraph 13.04.A.2 in ARTICLE 13, Paragraph 13.04, Review of Applications for Progress Payment, of the General Conditions: 13.04.A.2. If the OWNER should fail to pay the DESIGN/BUILDER at the time the payment of any amount becomes due, except as provided in pg agraph 13 04 u and as otherw' sC provided Jn tbr,.Cgntract Documents .then DESIGN/BUILDER may, at i- any time thereafter, upon serving written notice that he will stop the Work with seven days.after receipt of the notice by the OWNER, and after such seven day t: period, stop the Work until payment of the amount owing has been received. .... ADD the following Paragraph to Paragraph 13.04.E in ARTICLE 13, Paragraph 13.04, Review of Applications for Progress Payment, of the General Conditions: 13.04.B.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 13.04.B.1 through 13.04.B.3 inclusive, or paragraphs 14.02.A.1 through 14.02.A.3 inclusive. ADD the following language at the conclusion of Paragraph 13.04.B, following - Paragraph 13.04.B.8, in ARTICLE 13, Paragraph 13.04, Review of Applications for Progress Payment, of the General Conditions: 13.04.B. .... but OWNER must give DESIGN/BUILDER immediate written notice 1 stating the reasons for such action and promptly pay DESIGN/BUILDER the amount so withheld, or any adjustment thereto agreed to by OWNER and DESIGN/BUILDER, when DESIGN/BUILDER corrects to OWNEks satisfaction the reasons for such action. 00800-23 ADD the following language at the conclusion of Paragraph 13.08.A in ARTICLE 13, Paragraph 13.08, Final Application for Payment, of the General Conditions: 13.08.A. ..... Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on forms conforming to the format of the OWNER's standard forms bound in the Project manual. REVISE the final sentence of Paragraph 13.09.A in ARTICLE 13, Paragraph 13.09, Final Payment and Acceptance, of the General Conditions: 13.09.A. ....Thirty days after the presentation to OWNER of the acceptable Application and accompanying documentation, in appropriate form and substance and with OWNER's notice of acceptability, the amount will become due and will be paid by OWNER to DESIGN/BUILDER,_ subiect to naraaraDh �6 06 B of these Supplementary Conditions. SC'-14 SUSPENSION OF WORK AND TERMINATION REVISE the title and initial language of Paragraph 14.02.A in ARTICLE 14, Paragraph 14.02, OWNER May Terminate for Cause, of the General Conditions: 14.02. OWNER May Terminate use A. Upon the occurrence of any one or more of the following events jURtig<-- OWNER may term' * this Agreement as provided herein. REVISE each appearance of the phrase "costs, losses and damages" as follows in Paragraph 14.02.E in ARTICLE 14, Paragraph 14.02, OWNER May Terminate, of the - General Conditions: 14.02.B. ....claims, costs, losses and damages I` SC-16 MISCELLANEOUS ADD the following paragraphs in ARTICLE 16 of the General Conditions: 16.06. Applicable Law. The laws of the State of Colorado apply to this Agreement, including but {. not limited to the following pertinent Colorado statutes: t' 16.06.A. Colorado Revised Statutes (CRS 8-17-101) requires that Colorado labor be employed to perform the work to the extent of not less than 80 percent (80%) of each type or class of labor in the several classifications of skilled and common labor employed on the project. Colorado labor means any person who is a bona fide resident of the State of Colorado at the time of employment, without discrimination as to race, color, creed, age, religion or sex. L 16.06.B. If a claim is filed, OWNER is required by law (CRS 38-26-107) to withhold from all payments to DESIGN/BUILDER sufficient funds to insure the payment of all claims for labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by DESIGN/BUILDER or his Subcontractors in or about the performance of the work. such funds must be withheld until said claims have been paid or such claims as filed have been 7f{ withdrawn, such payment or withdrawn to be evidenced by filing with OWNER a receipt in full or an order for withdrawal in writing and signed by the person filing such a claim or his duly authorized agents or assigns. Such funds shall (' 00800-24 not be withheld longer than ninety (90) days following the date fixed for final settlement, as published in a public newspaper in accordance with the law, unless an action is commenced within that time to enforce such unpaid claim and a notice of lis pendens is filled with the OWNER. At the expiration of such ninety (90) day period, OWNER shall pay to DESIGN/BUILDER such moneys and funds as are not the subject of suit and lis pendens notices, and shall retain only sufficient funds to insure the payment of judgments which may result from the suit. SC -GC -A Exhibit GC -A to GENERAL CONDITIONS: Dispute Resolution Agreement REVISE the first sentence in Paragraph 15.01.B in Exhibit GC -A to GENERAL CONDITIONS, Paragraph 15.01, Dispute Resolution Agreement, of the General Conditions: 15.01.B. OWNER and DESIGN/BUILDER agree that they will first submit any and all unsettled claims, counterclaims, disputes and other matters in question .. between them arising out of or relating to the Contract Documents or the breach thereof ("disputes") to mediation by the Amer' an Arhit a 'on Association under the Construction Industry Mediation Rules of the American A h r r Association then obtaining, prior to either of them initiating against the other a demand for ¢ arbitration pursuant to paragraphs 15.01.0 through 15.0i.P, unless delay in initiating arbitration would irrevocably prejudice one of the parties. .... REVISE the first sentence in Paragraph 15.01.0 in Exhibit GC -A to GENERAL CONDITIONS, Paragraph 15.01, Dispute Resolution Agreement, of the General .. Conditions: 15.01.C. All claims, disputes and other matters in question between OWNER i and DESIGN/BUILDER arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 13.10 will be decided by binding arbitration in accordance with the Congtruction.Illdustry Arbitration Rules of the Amer!c=n nrt,•r r• Association tlign obtaining,subject to the # limitations of this paragraph 15.01. .... ADD the follow Paragraph 15,01.G in Exhibit GC -A to GENERAL CONDITIONS, Paragraph 15.01, Dispute Resolution Agreement, of the General Conditions: 15.01.G. The award rendered by the arbitrators will be final; judgment may i be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 00800-25 Scenario 2 Site Plan and Plan dated 8-6-97 LAND USE SUMMAR7 ExStMG !R'JPJSEC 4 olmCN - / _ —_ - . PRLPERrt af�n _ )_. C+R"55 W3B vSF "I4 wa 1Ei 193DE95F IB314 5 ( ICE ARENA BIIRDKaS 9e¢mo ss. �- Vi ADDITION "`q bTr�ETrtiR ROW 658 SF y M-I cabs ssm SF i ( , ) FL W.Y£ 6955 sp A ' A FL0.'a NEG 550^Ju 5F. 71 w bF. �i EXISTING I a. :iiW= % " _ -- ICE ARENA AND FOOL HY(JIC4I'f£C b W/ 9uormx 339 W6CES j �. �-= BUILDING O RO<�E �4$F Ws 516T 4 WA s TER OEWI s 54Y1 W4 s • IW'. BYILDMG IE T 36 MET I ,J PAWi N>_ �.� PPIIKMG BRE< I L__ l r N B9' Sl' 4- W 1cb13' J y STUART Ii 11, �L- iY/.Ri fJ�ET ' GW i1"'cSe�'1ErJ -TP. � ___ L _ _ _ I Z O o F- o wa 0>o 0¢J QWo A Y 0 Uj F Z a: x PCI ��J w Who U0 w l— cr U_ p LL W NOT PAR' OP SCOPE-UP-812 N YcN�RI,^. SITE PLAN (IL �aLLE LI�i�LE -1B N i RS WM BLOC E. SUITE 200 gIPT ( J W525 I9 -1020 51TE F -� K155CIE FPIJ [PW. rCJ SD1 Z O o _wa o cr Q oo Qwo Yov ZCCCO z �w� w�0 U_0 l- 7—Nr U O CL LL w I � nw xiR N 1. CITY OF FORT COLLINS REQUEST FOR PROPOSALS: SECOND SHEET OF ICE AT EPIC (DESIGN/BUILD) PROPOSAL NUMBER P- 812 5.2.14 PROPRIETARY INFORMATION Include any information that you consider proprietary in this section. 5.2.15 APPENDIX Include any supplemental information you want to submit in this section. 6. DESIGN GUIDELINES 6.1 CITY OF FORT COLLINS BUILDING DESIGN STANDARDS The project shall meet or exceed the requirements set out in the 1997 "Facility Service's Building Design Standards". 6.2 ADDENDA TO CITY OF FORT COLLINS BUILDING DESIGN STANDARDS 6.2.1 GENERAL REQUIREMENTS Add the following items to those already listed in the general requirements section of the building design standards: • Project meetings will be held weekly • Provide one (1) copy of all submittals that have been approved by the Design/Builder. • Scheduling and reporting (as part of the project cost and schedule control): computerized Critical Path Method (CPM) scheduling is acceptable. • Testing: The City will pay for fill and backfill compaction density tests, asphaltic concrete paving testing, concrete testing, and masonry testing. The Design Builder will be responsible for other tests as indicated in the General and Supplementary Conditions of the contract 7. MILESTONE SCHEDULE Pre -proposal meeting: November 6, 2001 at EPIC, 1801 Riverside. Questions Deadline: November 15, 2001 Proposals due: November 29, 2001 Interview Finalists: December 17, 2001 City Council ApprovaVAppropriation: January 15, 2002, February 5, 2002 Notice to Proceed: February 15, 2002 Preliminary Design and Cost Estimate: May 24, 2002 City Planning Approval: July 3, 2002 Complete Final Design: July 31, 2002 Owner Occupancy: August 5, 2003 Page 11 of 14 Proposal No. P-812 Twice the Ice Material and Labor Donors Listing dated 10/2/01 TTI Material and Labor Donors Those listed below have indicated interest in supporting the Twice The Ice project with the donation of materials and/or labor. 1. SW Showcases 2. Connell Resources 3. University Lawn 4. Diamond -Vogel 5. Ryall Elec. Supply 6. Keifer Concrete 7. Simpson Company 8. Merit Electric 9. Allen Plumbing 10. Corcoran Co. 11.4 Seasons Painting 12. QM Company 13. LaFarge 14. IBEW #68 15. IBEW #111 16. Bath Garden 17. Custom Sound & Video 18. Corporate Plumbing 19. Marrou Concrete 20. Express Concrete 21. Mill Brothers Landscape 22. Front Range Steel 23. BHA Design 24. B & M Roofing 25. Sear -Brown 26. JR Engineering 27. Terracon 28. Quality Concrete 29. Front Range Excavation 30. Douglass Roofing 31. Kelly Moore Paint 32. Ice House 33. Kurtz Construction 34. Nordic Construction 35. Campana Construction Skip Winne Richard Connell Allan Patterson Ross Harbo Mark Wilson Jerry Keifer Dennis Ross Billy Jones Jeff Allen Kevin Corcoran Ty Gordon Jim Anderson Andy Laycock Dwayne Tidwell Bob Mason Tom Bath Mark Mekellburg Doug Allen Dale Marron Marshall/Paul Kevin Mill Bob Stribling Bruce Hendee Conrad Kawuolk Brett Cunnik Dave Clockman Doug Jobe Kenny Edwards Steve Barnes Brent Wilhehni Ang Dibona Pat Lothamer Devon Kurtz Gary Nordic Tony Campana Exhibit E 970-484-8542 970-223-3151 970-223-7576 303-333-3117 303-629-7721 970-482-8542 970-282-0022 970-266-8100 970-484-4841 970-204-4700 970-484-5898 970-226-6618 970-407-3625 303-297-0229 303-744-7171 970-484-5022 970-493-3351 970-490-2720 970-472-5100 970-225-1287 970-493-3883 970-568-9002 970-223-7577 970-482-5964 970482-5922 970-491-9888 970-484-0359 970-686-5274 970-482-0944 970482-1218 970-484-9373 970-221-0149 970-690-5423 970-226-2266 970-226-8616 Trophy Cases Excavating Landscaping Paint Elec. Supplies Matl's/Labor HVAC Matl's/Labor Plumb./Excay. Drywall Painting Masonary Asph/Concrete Inside Elec. Outside Elec. Landscaping Audio Plumbing Concrete Curb & Gutter Landscaping Steel Planning Roofing Eng/Surveying Surveying Soils Eng. Foundations Excavating Roofing Paint Equipment Paint/Labor Miscellaneous Miscellaneous CITY OF FORT COLLINS REQUEST FOR PROPOSALS: SECOND SHEET OF ICE AT EPIC (DESIGN/BUILD) PROPOSAL NUMBER P- 812 I PROPOSAL EVALUATION 8.1 EVALUATION CRITERIA Proposals will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and the oral interviews. The rating scale is from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. Weighting Criteria Standard Factor 3.0 Scope of Proposal/ Are the program objectives met? Does the Design proposal show an understanding of the results that are desired for this project? Are the design objectives met? Does the proposal show an understanding of the energy problem and an integrated approach to the solution? Does the proposal show an understanding of the sustainable design objectives and strategies to meet the sustainable design goals? Does the commissioning plan meet the stated requirements? 2.0 Team Capability/ Does the team have the capability and experience Experience to design and construct a project of this type and scope? Does the team have the skills to manage and obtain the necessary development? Are sufficient people of the requisite skill assigned to the project? 4.0 Cost Does the Guaranteed Maximum Price compare favorably with the City's budget? Are the cost factors such as general conditions, general and administrative overhead, subcontractor mark-up, material and equipment mark-up, and design and construction fees reasonable? 1.0 Schedule/ Can the target completion date be met? Are other Availability/ qualified personnel available to assist in meeting Motivation the project schedule if required? Is the project team available to attend meetings as required by the Scope of Services? Is the team interested and motivated to perform the work in the required time frame? Page 12 of 14 Proposal No. P-812 CITY OF FORT COLLINS REQUEST FOR PROPOSALS: SECOND SHEET OF ICE AT EPIC (DESIGNIBUILD) PROPOSAL NUMBER P- 812 8.2 EVALUATION COMMITTEE The same panel will evaluate each proposal. The panel will be comprised of representatives from the following City of Fort Collins offices: Purchasing, Recreation and Project Management, Planning and Design. The panel will also include a representative from Twice the Ice. Panel member evaluation scores, rankings, results and comments will remain confidential. Based on evaluations by the panel, finalists will be selected for oral interviews to be held on December 17, 2001. 8.3 REFERENCE EVALUATION (TOP RANKED TEAM) The Facilities Project Manager will check references of the top ranked team using the following criteria. The evaluation rankings will be labeled Satisfactory/ Unsatisfactory. Qualification Standard Overall Performance Would you hire this designer or builder again? Did they have the skills required by the project? Timetable Was the original scope of work competed within the specified time? Were interim deadlines met in a timely manner? Professionalism Was the professional responsive to client needs? Did the professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original scope of work completed within the project budget? Quality Was the project functional upon completion and did it operate property? Did the project meet or exceed the client objectives and needs? 9. PURCHASING RESTRICTIONS The Proposers authorized signature on the proposal assures the team's compliance with City of Fort Collins purchasing restrictions. A copy of the restrictions is available for review in the Purchasing and Risk Management Division or the City Clerk's Office. City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement, or products containing cement, to certify that the cement was not made in cement kilns that bum hazardous waste as a fuel. 10. INFORMATION AVAILABLE TO PROPOSERS i A. City of Fort Collins Building Design Standards, dated 1997 I - (www.fcg0v.com/opserv/design-standards.php) and Existing Site and Landscape Plans for EPIC available at the Operations Services Department 117 N. Mason St. Page 13 of 14 Proposal No. P-812 CITY OF FORT COLLINS REQUEST FOR PROPOSALS: SECOND SHEET OF ICE AT EPIC (DESIGWBUILD) PROPOSAL NUMBER P- 812 A. City of Fort Collins Conceptual Review Comment Letter dated August 26, 1997. B. Bonds and Certificates 00410 Proposal Bond 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (Contractor) 00660 Consent of Surety 00670 Application for Exemption Certificate C. Forms of Agreement City of Fort Collins Agreement City of Fort Collins revised EJCDC Standard General Conditions of the Contract between Owner and Design/Builder j City of Fort Collins Supplementary Condition D. Scenario 2 Site Plan and Plan dated 8-6-97. E. Twice the Ice Material and Labor Donors Listing dated 10/2/01. Page 14 of 14 Proposal No. P-812 I I EXHIBITS r CITY OF FORT COLLINS f j REQUEST FOR PROPOSAL SECOND SHEET OF ICE AT EPIC (DESIGNBUILD) PROPOSAL NUMBER P-812 City of Fort Collins conceptual Review Comment Letter dated August 26, 1997 f C Community Planning and Environmental Services Current Planning City of Fort Collins August 26, 1997 Jack Gianola City of Fort Collins Facility Services 117 North Mason Fort Collins, CO 80522 Dear Jack, AUG 2 91997 For your information, attached is a copy of the Staff's comments regarding the EPIC Center Ice Arena Expansion, which was presented before the Conceptual Review Team on August 18, 1.997. This is a request for expansion of the EPIC Ice Arena. Alternative 1 includes a 19,452 square foot studio rink expansion approved by voters as part of the Building Community Choices ballot issue. Alternative 2 includes a 27,144 square foot full ice rink expansion that would be financed by the voter approved Building Community Choices fund and private/non-profit matching funds. Both expansion alternatives are proposed on the east side of the existing EPIC facility along Riverside Avenue and include the addition of 32 parking spaces south and east of Riverside Avenue. The comments are offered informally by Staff to assist you in preparing the detailed components of the project application. Modifications and additions to these comments may be made at the time of formal review of this project. i If you should have any questions regarding these comments or the next steps in the review process, please feel free to call me at 221-6206. Sincerely, Michael Ludwig, A P City Planner xc: Stormwater Utility Project Planner File EXHIBIT A 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 FAX (970) 221-6078 • TDD (970) 221-6002 Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. Y The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, a s B. O'Neill II, CPPO, FNIGP ector of PurchasingManagement CONCEPTUA L REVIEW STAFF COMMENTS City of Fort Collins MEETING DATE: August 18, 1997 ITEM: EPIC Center Ice Arena Expansion. APPLICANT: Jack Gianola City of Fort Collins Facility Services 117 North Mason Fort Collins, CO 80522 LAND USE DATA: Request for expansion of the EPIC Ice Arena. Alternative 1 includes a 19,452 square foot studio rink expansion approved by voters as part of the Building Community Choices ballot issue. Alternative 2 includes a 27,144 square foot full ice rink expansion that would be financed by the voter approved Building Community Choices fund and private/non-profit matching funds. Both expansion alternatives are proposed on the east side of the existing EPIC facility along Riverside Avenue and include the addition of 32 parking spaces south and east of Riverside Avenue. COMMENTS: The Current Planning Department offers the following comments a. On June 24, 1985, the Planning and Zoning Board approved the Ice Arena and Pool PUD. The Final PUD approval allowed a total of 113,500 square feet of floor area. This constituted an initial building of 85,000 square feet (currently existing EPIC) and a total future expansion of 28,500 square feet to the east and west sides of the initial building. b• Both alternatives are within the total allowable expansion square footage approved by the Board in 1985. -Staff has determined that each. ""0' ' aUve qualifies as a "minor amendmen as defined in Section 2.2�10 of the Land Use Code. This Section also states, "such minor amendments may be authorized by the Director as long as the development application, as so amended, continues to comply with the standards of this Land Use Code, at least to the extent of its original compliance (so as to preclude any greater deviation from the standards of this Land Use Code)." COMMUNITY DEPARTMENT PLANNING .AND ENVIRONMENTAL SERVICES PLANNING D281 N. College Ave. PO. Box 380 Fort Collins, CO 80522-0580 (970)221-6750 2. 3. IN 5. C. The existing parking ratio is at 4.5 parking spaces per 1,000 square feet. 32 additional parking spaces are proposed under each alternative. The parking ratio for Altemative 1 (19,452 s.f, addition) is 5.19 parking spaces per 1,OOo square feet. The parking ratio for Alternative 2 (271144 s.f. addition)„is 4.84 parking spaces per 1,000 square feet Each':. alternative's parking ratio � complies with the Land Use Cod4which allows a maximum of 6 parking spaces per 1,000 square feet. d. The existing building does not comply with the setback requirements of the newly adopted Land Use Code. Either alternative will bring the existing building closer to meeting the setback requirements of the Land Use Code (no greater deviation). e• Additional landscaping will be require expansion. around the perimeter of the proposed Advance Planning Staff recommends that the :Parks -and .Recreation Department conduct public outreach1with the surrounding neighborhood regarding the proposed expansion. Please contact Mike Ludwig at 221-6206 with any questions regarding these comments. The Zoning Department stated that the property is located in the MMN, Medium Density Mixed -Use Neighborhood District. Community facilities are a permitted use in the MMN District subject to an administrative (Type 1) review. However, as stated by the Current Planning Department, the alternative requests for expansion qualify as a minor amendment and do not require an additional public hearing The property is located within the Residential Neighborhood Sjgn Di ict. Please show t' ?7y jig posed wall signage locations on the building elevation Please contact Gary Lopez at 221-6760 with any questions regarding these comments. The Light and ,Power Utility stated that either of the proposed alternatives is serviceable. The applicant must submfGa C-icommercial electrical usage form to the Light and Power Utility. If the transformer rating is exceeded, a change -out will } be required at the developer's expense. Existing services in conflict with the Proposed expansion must be relocated at the developer's expense. Please contact Bruce Vogel at 221-6700 with any questions regarding these comments. i. The Poudre Fire Authority stated that the a r nto the buildir expansion. rdous Materials 4mpact Analysis l IA) must be submitted:• Please contact Roger rasco at 221-6570 with any questions regarding these comments. ( C. The Water and Wastewater Utility stated that water and sewer service will be extended from the existing facility. The sanita 'sewe' at the southeast corner of the proposed addition appears to be very close to the building and may n'eed tott relocated. Please contact Roger Buffington at 221-6681 with any'"questions regarding these comments. 6. The Engineering Department offers the following comments a. The Street Oversizing Fee is currently $19,443 per ac+nd is applicable to the expansion portion of the building. ` New fees will be considered by the City Council in the near future. The fees in effect at the issuance of building permit will apply. b. A Transportation Impact Analysis will be required if the proposed expansion will generate more than 50 average daily vehicle trips Please contact Eric Bracke at 221-6062 to schedule a Transportation ImpactAnafysis scoptng meeting. ,,..�., C. The applicant must repair/replace any damaged curb, gutter and sidewalk. d. lbluri,m slbe Easement vacations -a"" re determined by the Plann ng and Z nring Board. This may require the utilities to be moved first. Please contact Mike Coley at 221-6750 with any questions regarding these comments. 7• The Trans ortation Planning Department stated that ao ai bike aran 5eneededBike parking should be provided in an amount equivalent to 5% of the t r�r total vehicular parking spaces. Please contact Kathleen Reavis at 224-6140 with i any questions regarding these comments. 8. Transfort stated that public transit routes exist to the site. Do not move any of the t existing Transfort bus stops. Please contact Gaylene Rossiter at 221-6195 with any questions regarding this comment. 9. The Stormwater Utility offers the following comments: a. The site is located in trio �1�-RcIJL cenUcttar0 6tormwater Development Fees will only apply to any ne'Why created impervious surface area. The erosion control deposit is waived for City projects. b. Standard drainage and erosion control reports and plans are required and must a be prepared by a professional engineer registered in the State of Colorado. C. Direct release of runoff into Spring Creek is allowed. The outfall must be designed to carry the 100-year developed runoff rate unless detention is provided. d. Water quality needs to be considered especially for the first flush. Extended detention on the first flush and disconnection of impervious surfaces are suggested. �Nater;:sauahnr=P r�o.e P _.:11-12-1 Please contact Glen Schlueter at 221-6589 with any questions regarding these comments. 10. The Building Inspections Department offered the following comments: ffm a Due to the potential time frame for this project, the applicant should be aware that the City of Fort Collins is preparing to adopt the 1997 additions to the building code, and may want to design the expansion accordingly. 11 • The Natural Resources Department requests that the applicant s discuss pollution prevention Opportunities � �� ra for ice rinks. EXHIBIT B 00410 Proposal Bond 00610 Performance Bond 00615 Payment Bond 00630Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance a 00650 Lien Waiver Release (CONTRACTOR) 00660Consent of Surety 00670 Application for Exemption Certificate SECTION 00410 PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned as Principal, and — Surety, are hereby held and firmly bound unto the City of Fort C< as OWNER, in the sum of $ for the a truly to be made, we hereby P paymentof y jointly and severally bind ourselves, assigns. as Tins, Colorado, vhich, well and successors, and THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Proposal and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort oins Project, - NOW THEREFORE, (a) If said Proposal shall be rejected, or (b) If said Proposal shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Proposal) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Proposal, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Proposal; and said i Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 7/96 Section 00410 Page 1 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of 20_, and such of are corporations have caused their corporate seals to be hereto affixedhem andathese Presents to be signed by their proper officers, the day and year first set forth above. Name Address: By: Title: ATTEST: By: PRINCIPAL (SEAL) By: Title: SURETY (SEAL) 7/96 Section 00410 Page 2 SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a "PrincipaCorporation), hereinafter referred to as the l" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 La orte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas into a certain Agreement with the OWNER, dated the 20 , a copy of which is hereto attached and made a performance of The City of Fort Collins project, the Principal entered day of I part hereof --for NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section o0610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 2p day of i IN PRESENCE OF: Principal t Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners M By: f- IN PRESENCE OF: Surety By: By: (Address) (Surety Seal) t_ NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a 'PrincipaCorporation), hereinafter referred to as the l' and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of the in lawful money of the United States, for payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of 20_, a copy of which is hereto attached and made a part hereof --for performance of The City of Fort Collins project, NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in t the prosecution of the Work provided for in such Agreement and any authorized _ extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or t otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00615 Page 1 CITY OF FORT COLLINS REQUEST FOR PROPOSALS: SECOND SHEET OF ICE AT EPIC (DESIGN/BUILD) PROPOSAL NUMBER P. 812 TABLE OF CONTENTS 1. PROJECT DESCRIPTION, OBJECTIVES, AND PROGRAM REQUIREMENTS .... 3 1.1 Background..........................................................................................................3 1.2 Description...........................................................................................................3 1.3 Objectives............................................................................................................ 3 1.3.1 EPIC..............................................................................................................3 1.3.2 Image............................................................................................................3 1.3.3 Flexibility/ Durability.......................................................................................4 1.3.4 Project Vision................................................................................................4 1.3.5 Energy Efficiency, Water Conservation, Indoor Air Quality ............................4 1.3.6 Performance ..................................................................................................4 1.3.7 Life Cycle Costs............................................................................................ 5 1.4 Program Requirements........................................................................................5 1.4.1 Space Requirements....................................................................................5 1.4.2 Site Requirements.........................................................................................5 2. SCOPE OF SERVICES...........................................................................................5 2.1 Public Participation...............................................................................................5 r 2.1.1 Public Presentations: 5 2.1.2 City Council Presentations: ......... ........................ 5 2.2 Art In Public Places..............................................................................................5 2.3 Team Building/ Partnering....................................................................................6 2.4 Design/ Build Services..........................................................................................6 2.5 Commissioning.....................................................................................................6 2.5.1 Systems........................................................................................................6 2.5.2 Qualifications .................................................................................................6 3. PROJECT FUNDING...............................................................................................7 3.1 Funds Available.................................................................................................... 7 3.2 Guaranteed Maximum Price .................................................................................7 4. QUALIFICATIONS.................................................................................................. 7 4.1 Design -Build Projects Of Similar Scope................................................................7 4.2 Financial Capability..............................................................................................7 4.3 Management Experience And Capability.............................................................. 8 I 4.4 Team Member Experience ................................................................................... =- 8 4.5 Team Building/ Partnering ....................................................................................8 4.6 Unique Capabilities.............................................................................................. 8 5. PROPOSAL FORMAT AND CONTENT..................................................................8 5.1 Format ..................................................................................................................8 5.2 Content................................................................................................................ 9 5.2.1 Cover Page................................................................................................... 9 5.2.2 Table Of Contents ..................................................................................... 9 5.2.3 Statement Of Understanding......................................................................... 9 5.2.4 Team Organization And Management Plan...................................................9 5.2.5 Project Experience And Qualifications........................................................... 9 5.2.6 Key Personnel...............................................................................................9 5.2.7 Design Process.............................................................................................9 5.2.8 Project Cost, Schedule, And Quality Control...............................................10 5.2.9 Guaranteed Maximum Price ........................................................................10 5.2.10 Schedule..................................................................................................10 5.2.11 Proposal Security .....................................................................................10 Page 1 of 14 Proposal No. P-812 i PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 20 day of IN PRESENCE OF: Principal By: Title (Corporate Seal) (Address) IN PRESENCE OF: Other Partners E: IN PRESENCE OF: Surety By: By: (Surety Seal) (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00615 Page 2 A SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. NEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative indicated. list within the time CONTRACTOR By. AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substan- tially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security , and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: 7/96 Section 00635 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: PROJECT: (CONTRACTOR) 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, _ alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, ! agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result f of such claims. i, 5. The parties acknowledge that the description of the P project set forth above 7/96 Section 00650 Page 1 constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this ATTEST: Secretary STATE OF COLORADO day of CONTRACTOR By: Title: COUNTY OF LARIMER jss. Subscribed and sworn to before me this 20_1 by day of Witness my hand and official seal. My Commission Expires: , 20 Notary Public 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety ) on bond of rr-- mild, Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this of day (Surety Company) �- By ATTACH: Power of Attorney and Certificate of Authority of Attorney (s) -in- Fact. i 7/96 Section 00660 Page 1 1 i i I SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE Insert State certificate here. 7/96 Section 00635 Page 0 DR 0172 (12M) COLORADO DEPARTMENT OF REVENUE DENVER CO80281 (303) 232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(n) THIS The exemption certificate for which you are applying must be used only for the purpose of purchasing construction andlbuildingmaterials forthe exempt project described below. This exemption does not include or apply to the purchase or rental of equsupplies, and materials which are purchased, rented, or consumed by the contractor and which do not become a pastructure, highway, road, street, or other public works owned and used by the exempt organization. Anyunauthorized use of theexemption certificatewill result in revocation of your exemption certificate and other penalties p by law. A separate certificate is required for each contract Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side.) J' FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. 1 i legistratioNAccouN No. (to be assigned by DOR) ;9 - Period number to of exempt organization- (as -shown on ress Of exempt organization (City, state :'pal contact at exempt organization: -Icel location of project site (give rictual , Scheduled Month construction start data: Business telephone number. 0170-75o (sss) $0.00 W amount for your r tax account number- +��'m "uacun�f7aypB& r number. Principal contact's telephone number. ities andior County Wiles) project is located) Estimated Month Day Year completion date: I declare under penalty of pery'ury in the second degree that the statements made in complete to the best of my knowledge. this application are true and owner, partner or corporate officer. Of corporate Officer: EXIHBIT C FORMS OF AGREEMENT City of Fort Collins Agreement City of Fort Collins revised EJCDC Standard General Conditions of the Contract between Owner and Design/Builder City of Fort Collins Supplementary Conditions AGREEMENT THIS AGREEMENT is dated of the day of , 199 by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter called OWNER) and , a [fill in entity form and state of formation] (hereinafter called DESIGN/BUILDER). OWNER AND DESIGN/BUILDER, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK 1.01 DESIGN/BUILDER shall complete all Work as specified or indicated in the Owner- Design/Builder Contract Documents, as set forth in Section . The Work is generally described as follows: Second Sheet of Ice at EPIC. Article 2. THE PROJECT 2.01 The design and construction of an approximately 27,144 square feet addition to the Edora Pool Ice Center (EPIC) to house a full size ice arena (with sand bed, glycol ice floor medium, screw compressors (minimum two) with staging on each, cooling tower with heat reclaim to ice rink AHU or domestic water and Johnson Controls Metasys Controller (ADX9100 or ASC) for HVAC, with dehumidificfion) and associated facilities and equipment as depicted in the conceptual design, Scenario 2. Article 3. CONTRACT TIMES A_ t _ 3.01 Days to Achieve Substantial Completion and Final Payment The Work will be substantially completed within 435 work days after the date when [ the Contract Times commence to run as provided in paragraph 2.02.A of the General i Conditions and completed and ready for final payment in accordance with paragraph 13.09 of the General Conditions within 470 work days after the date when the Contract Times commence to run. 3.02 Liquidated Damages A. DESIGN/BUILDER and OWNER recognize that time is of the essence of the Agreement and the OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.01 above, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. The parties also recognize the delays, expenses and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and DESIGN/BUILDER agree that as liquidated damages for delay (but not as a penalty) DESIGN/BUILDER shall pay OWNER Two Thousand Dollars ($2,000.00) for each day that expires after the time specified in paragraph 3.01 for CITY OF FORT COLLINS REQUEST FOR PROPOSALS: SECOND SHEET OF ICE AT EPIC (DESIGNIBUILD) PROPOSAL NUMBER P- 812 5.2.12 Required Schematic Drawings .................................................................10 5.2.13 Proposed Commissioning Plan ................................................................10 5.2.14 Proprietary Information ............................................................................11 5.2.15 Appendix..................................................................................................11 6. DESIGN GUIDELINES .................................. . 6.1 City Of Fort Collins Building Design Standards 11 ...................................................11 6.2 Addenda To City Of Fort Collins Building Design Standards ..............................11 6.2.1 General Requirements ................................................................................11 7. MILESTONE SCHEDULE .....................................................................................11 8. PROPOSAL EVALUATION ...................................................................................12 8.1 Evaluation Criteria ..............................................................................................12 8.2 Evaluation Committee .........................................13 ............................................... 8.3 Reference Evaluation (Top Ranked Team) .........................................................13 9. PURCHASING RESTRICTIONS ..................... 10. INFORMATION AVAILABLE TO PROPOSERS ...................................................13 11. INFORMATION PROVIDED TO PROPOSERS (EXHIBITS).................................14 Page 2 of 14 Proposal No. P-812 i Substantial Completion until the Work is substantially complete. Article 4. CONTRACT PRICE 4.01 OWNER shall pay DESIGNBUILDER for completion of the Work in accordance with the Contract Documents a sum equal to the Cost of the Work plus a DESIGN/BUILDER's Fee for overhead and profit, both of which shall be determined as provided below. Article 5. COST OF THE WORT{ 5.01 Cost of the Work shall be determined as provided in paragraphs 10.02.A and B of the General Conditions, but, in addition to any limitations therein set forth, it shall not include costs in excess of any Guaranteed Maximum Contract Price as set forth in Article 7 hereof. Article 6. DESIGNBUILDER'S FEE 6.01 The DESIGN/BUILDER's Fee shall be determined as follows: A. A fixed fee of $ which shall be subject to increases or decreases for changes in the Work as provided in paragraph 8.01 below. B. No fee shall be paid for costs listed in paragraph 10.02.13 of the General Conditions. r- C. DESIGNBUILDER guarantees that the maximum amount payable by OWNER in t " accordance with this paragraph 6.01 as a percentage fee will not exceed $ subject to increases or decreases for changes in the Work as provided in paragraph 8.01 below. Article 7. GUARANTEED MAXIMUM PRICE 7.01 DESIGNBUILDER guarantees that the maximum obligation of OWNER for the sum of the Cost of the Work plus the DESIGNBUILDER's Fee will not exceed $ (the "GMP") subject to increases or decreases for changes in the Work. Any unused contingency shall be shared as provided in Paragraph 7.02. 7.02 In the event that the Cost of the Work plus the DESIGNBUILDER's Fee shall be less than the GNP, as adjusted by Change Orders, the resulting Savings shall be shared by the OWNER and the DESIGNBUILDER as follows: A. OWNER shall be entitled to Seventy-five percent (75°/u) of the Savings; B. DESIGN/BUILDER shall be entitled to Twenty-five percent (25%) of the Savings, at the time of Final Payment. i t Article 8. CHANGES IN THE WORK 8.01 The amount of any increases or decreases in the DESIGNBUILDER's Fee or in any Guaranteed Maximum Price or Fee which results from a Change Order shall be set forth in the applicable Change Order subject to the following: A. Any increase or decrease in the DESIGNBUILDER's Fee resulting from net additions or decreases in the Cost of the Work shall be determined in accordance with paragraph 10.02.0 of the General Conditions. B. In the case of net additions or deletions in the Work, the amount of any in or decrease in the Guaranteed Maximum Price shall be determined in accordance with paragraph 10.02.0 of the General Conditions. Article 9. PAYMENT PROCEDURES 9.01 DESIGNBUILDER shall submit and OWNER will process Applications for Payment in accordance with Article 13 of the General Conditions. Applications for Payment will indicate the amount of the DESIGNBUILDER's Fee then payable. A. Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of DESIGN/BUILDER's Applications for Payment, on or about the 15th day of each month during performance of the Work as provided in paragraphs 9.01.A.I and A.2 below. All such payments will be subject to the limitations of any Guaranteed Maximum Price or DESIGNBUILDER's Fee and will be measured by the acceptable Schedule of Values established in paragraph 2.06 of the General Conditions (and in the case of Unit Price Work based on the number of units completed). `. 1. For Cost of Work. Progress payments on account of the Cost of the Work will be ` made as follows: I a. Prior to Substantial Completion, in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as OWNER may withhold in accordance with paragraph 13.04.B of the General Conditions. (1) 90 percent of Cost of the Work completed (with the balance being retainage). If the Work has been 50% completed as determined by OWNER, and if the character and progress of the Work have been satisfactory to OWNER, OWNER may determine that as long as the character and progress of the Work remain satisfactory, there will be no additional retainage on account of Work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 3 (2) 90 percent of (with the balance being retainage) of the cost of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 13.02.A of the General Conditions). b. Upon Substantial Completion, in an amount sufficient to increase total payments to DESIGNBUILDER to 95 percent of the Contract Price (with the balance being retainage), less such amounts as OWNER shall determine that OWNER may withhold, in accordance with paragraph 13.04.B of the General Conditions. 2. For DESIGNBUILDER's Fee: Progress payments on account of the DESIGN/BUILDER's Fee will be made as follows: a. Payments prior to Substantial Completion will be in an amount equal to 90 percent of such Fee earned to the date of the approved Application for Payment (less in each case payments previously made on account of such fee) based on the progress of the Work measured by the Schedule of Values established as provided in paragraph 2.06.A of the General Conditions (and in the case of Unit Price Work on the number of units completed) and upon Substantial Completion in an amount sufficient to increase total payments to DESIGNBUILDER on account of that fee to 95 percent of the DESIGNBUILDER's Fee. B. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 13.09 of the General Conditions and statutorily required procedures as set forth in Supplementary Condition 16, OWNER shall pay remainder of the Contract Price. Article 10. DESIGNBUILDER'S REPRESENTATIONS 10.01. DESIGNBUILDER makes the following representations: 1. A. DESIGNBUILDER has examined and carefully studied the Contract Documents (including the Addenda) listed in paragraphs 12.01.A through J but excluding the documents described in paragraph 12.0l.K and the other related data identified in the Request for Proposals. B. DESIGNBUILDER has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, performance or furnishing of the Work. C. DESIGNBUILDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. D. DESIGNBUILDER has carefully studied all reports of explorations and tests of al conditions in or subsurface conditions at or contiguous to the Site and all drawings of physic relating to existing surface or subsurface structures at or contiguous to the Site which have been a I made available by OWNER. E. DESIGNBBUILDER is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. F. DESIGNBUILDER has correlated the information known to DESIGNBUILDER, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. G. DESIGNBUILDER has given OWNER written notice of all conflicts, errors, ambiguities or discrepancies that DESIGNBUILDER has discovered in the Contract Documents and -the written resolution thereof by OWNER is acceptable to DESIGNBUIIAER, and the Contract Documents and the written resolution thereof by OWNER is acceptable to DESIGNBUILDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 11. ACCOUNTING RECORDS 11.0 DESIGNBUILDER shall keep such full and detailed accounts as may be necessary for proper financial management under the Contract Documents with respect to all materials, equipment and labor entering into the Work. The accounting methods shall be satisfactory to OWNER. OWNER shall be afforded reasonable access to all of DESIGNBUILDER's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to the Cost of Work and DESIGNBUILDER's Fee. DESIGNBUILDER shall preserve all such documents for a period of three years after final payment by OWNER. Article 12. CONTRACT DOCUMENTS 12.01 The Contract Documents which comprise the entire agreement between OWNER and DESIGNBUILDER concerning the Work consist of the following: A. This Agreement (pages 1 to , inclusive). B. Exhibits to this Agreement (pages to , inclusive). C. OWNER's Request for Proposal No. P-703, along with Conceptual Documents identified therein. D. DESIGNBUILDER's Proposal in Response to OWNER's Request for Proposal No. P-703. E. Notices to Proceed. F. Performance, payment, and other Bonds, identified as Section 00600 and F consisting of pages. G. Standard General Conditions of the Contract Between Owner and Design/Builder (pages 1 to 36, inclusive). H. Supplementary Conditions (pages to , inclusive). I. Addenda numbers through inclusive. J. Trend Log Summary and Other Documentation submitted by DESIGNBUILDER prior to Notice of Award (pages to . inclusive). K. The following, which may be delivered, prepared or issued after the Effective Date of this Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.03.A of the General Conditions. 2. Specifications as defined in Paragraph 1.0l.A.42 of the General Conditions. 3. Drawings as defined in Paragraph 1.0l.A.18 of the General Conditions. 12.02 The documents listed in paragraph 12.01 above are attached to this Agreement (except as otherwise expressly noted). 12.03 There are no Contract Documents other than those listed above in this Article 12. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.03.A of the General Conditions. 12.04 In the case of any irreconcilable ambiguity, inconsistency or conflict between DESIGNBUILDER's Proposal (Section 12.01.D) and the Request for Proposal (Section 12.0l.C), the terms of the Proposal shall be controlling. In the case of any irreconcilable ambiguity, inconsistency or conflict among the Contract Documents listed in Section 12.01, the documents listed in Section 12.0l.K shall govern, and in the case of any irreconcilable ambiguity, inconsistency or conflict among the documents listed in Section 12.0l.K, the documents listed in Sections 12.01.K.1, Section 12.0l .K.2, and Section 12.0l.K.3 shall take precedence, in the order herein listed. Article 13. MISCELLANEOUS 13.01 The Standard General Conditions of the Contract Between Owner and Design/Builder are referred to herein as the General Conditions. 13.02. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated therein. 13.03 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents, except that the OWNER may assign all rights and responsibilities of the OWNER under this Agreement to the Fort Collins Capital Leasing Corporation (°FCCLC"), and FCCLC may assign the same to the Bank of Cherry Creek, N.A., as trustee under the terms of a trust indenture between said parties in connection with OWNER's lease Certificates of Participation issued in connection with the Project. 13.04 OWNER and DESIGNBBUILDER each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 13.05. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and DESIGNBUILDER, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 13.06 The Contract Documents shall constitute public records under the Colorado Public Records Act, and shall be available for public review upon request, except for the Audited Financial Statement of DESIGNBUILDER included in DESIGNBUILDER'S Proposal. IN WITNESS WHEREOF, OWNER and DESIGNBUILDER have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and DESIGNBUILDER. All t. portions of the Contract Documents have been signed, initiated or identified by OWNER and DESIGNBUILDER. This Agreement will be effective on , 199 . OWNER: CITY OF FORT COLLINS DESIGNBUILDER: By: John F. Fischbach City Manager LE James B. O'Neill II, CPPO Name: Director of Purchasing and Risk Management Title: Date: Date: ATTEST: City Clerk Address for giving notices: PO Box 580 Fort Collins. CO 80522 APPROVED AS TO FORM: Assistant City Attorney Designated Representative: Name: Title: Address: Phone: Facsimile: [CORPORATE SEAL] ATTEST: Address for giving notices: License No. (If DESIGN/BJILDER is a corporation, attach evidence of authority to sign.) Designated Representative: Name: Title: Address: Phone: Facsimile: 0 f` SECTION 00700 GENERAL CONDITIONS This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the applicable laws of the jurisdiction in which the Project is to be performed. STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGN/BUILDER Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and /I Issued and Published Jointly By `', National Society of Professional Engineers AMERICAN CONSULTING Pmlesslanal Enpineersln PrMte Pncdee ENGINEERS COUNCIL aO PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CML ENGINEERS These General Conditions have been prepared for use with the Agreements between Owner and Design/Builder (Nos. 1910-40-A and -B) (1995 Edition) of the Engineers Joint Contract Documents Committee. Their provisions are interrelated and a change in one may necessitate a change in the others. The suggested language and instructions contained in the Guide to Use of EJCDC Design/Build Documents (No. 1910.42) (1995 Edition) is also carefully interrelated with the language of these General Conditions. Comments concerning their usage are also contained in Document No. 1910-42 (1995 Edition). (1995 union) r 01995 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 i, American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers t' 345 East 47th Street, New York, NY 10017 i r TABLE OF CONTENTS Page ARTICLE 1-DEFINMONS......................................................... 1 1.01 Defined Terms ................................................. 1 ARTICLE 2--PRELIMINARY MATTERS ................................................ 4 2.01 Delivery of Bonds ............................................... 4 2.02 Commencement of Contract Times-, Notice to Proceed ................... 4 2.03 Starting the Work ............................................... 4 2.04 Before Starting Construction ...................................... 5 2.05 Initial Conference ............................................... 5 2.06 Initially Acceptable Schedules .............................. I ........ 5 ARTICLE 3--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ...................... 6 3.01 Intent........................................................ 6 3.02 References.................................................... 6 3.03 Amending and Supplementing Contract Documents ..................... 6 3.04 Reuse of Documents ............................................ 6 ARTICLE 4-AVAILABILM OF LANDS; DIFFERING SrM CONDITIONS; REFERENCE POINTS; HAZARDOUS CONDITIONS ........................................ 7 4.01 Availability of Lands ............................................. 7 4.02 Differing Site Conditions ......................................... 7 4.03 Reference Points ............................................... 8 4.04 Hazardous Conditions ........................................... 8 ARTICLE 5--BONDS AND INSURANCE .................................. _ ............. 9 5.01 Performance, Payment and Other Bonds .............................. 9 5.02 DESIGNBUILDER's Liability Insurance ............................. 9 5.03 OWNER's Liability Insurance ..................................... 10 5.04 Property Insurance ............................................. 10 5.05 Waiver of Rights .............................................. 11 5.06 Receipt and Application of Proceeds ............................... 12 5.07 Acceptance of Bonds and Insurance; Option to Replace ................. 12 5.08 Partial Utilization -Property Insurance .............................. 12 5.09 Licensed Sureties and Insurers; Certificates of Insurance ................. 12 ARTICLE 6--DESIGN/BUILDER'S RESPONSIBILITIES ................................... 13 6.01 Design Professional Services ....................................... 13 6.02 Supervision and Superintendence of Construction ...................... 14 6.03 Labor, Materials and Equipment ................................... 14 6.04 Progress Schedule .............................................. 14 6.05 Concerning Subcontractors, Suppliers and Others ...................... 15 6.06 Patent Fees and Royalties ........................................ 15 6.07 Permits ...................................................... 16, 6.08 Laws and Regulations ........................................... 16 6.09 Taxes ....................................................... 16 6.10 Use of Site and Other Areas ...................................... 16 6.11 Record Documents ............................................. 17 i CITY OF FORT COLLINS REQUEST FOR PROPOSALS: SECOND SHEET OF ICE AT EPIC (DESIGN/BUILD) PROPOSAL NUMBER P- 812 1.1 BACKGROUND Building Community Choices • In 1997 the voters approved $2,500,000 for a studio ice rink addition at EPIC if the citizens could raise the remaining $700,000 needed. These amounts have been increased subsequently by the rate of inflation. • Twice the Ice, a non-profit group was formed to raise the money (cash and in -kind material and/or labor contributions) with the goal to have construction started in 2002 and finished in 2003. • The required funding split is 78% by the City and 22% by Twice the Ice. • In 2001 the City and Twice the Ice agreed to create a team to develop a RFP for the facility addition using the Design/Build process. • The City Council will appropriate the Twice the Ice funding • The Design/Build contractors will provide proposals for design and construction that are based upon the conceptual design. • The Design/Build contractor will do a preliminary design and cost estimate. • The Design/Build contractor will then provide a proposal for construction that will be compared with available funds. • The City Council will approve the design and construction of the project. 1.2 DESCRIPTION The proposed project is the design and construction of an approximately 27,144 square feet addition to the Edora Pool Ice Center (EPIC) to house a full size ice arena (with sand bed, glycol ice floor medium, screw compressors (minimum two) with staging on each, cooling tower with heat reclaim to ice rink AHU or domestic water and Johnson Controls Metasys Controller (ADX9100 orASC) for HVAC, with dehumidification) and associated facilities and equipment as depicted in the conceptual design, Scenario 2. 1.3 OBJECTIVES 1.3.1 EPIC Be Consistent with the Conceptual Plan • Conform to the City of Fort Collins Land Use Code 1.3.2 IMAGE Project positive Image to the community • Complement the existing EPIC facility • Convey sense of permanence and community pride • Timeless look, not "trendy" • Avoid flashy or expensive looking • Useful and efficient Welcome persons with all levels of abilities • Friendly barrier -free design Page 3 of 14 Proposal No. P-812 6.12 Safety and Protection .......................................... 17 6.13 Safety Representative ........................................... 17 6,14 Hazard Communication Programs .................................. 17 6.15 Emergencies .................................................. 17 6.16 Submittals ................................................... 18 6.17 Continuing the Work ........................................... 18 6.18 DESIGNBUILDER's General Warranty and Guarantee ................ 18 6.19 Indemnification .............................................. 19 ARTICLE 7--OTHER CONSTRUCTION ............................................... 19 7.01 Related Construction at Site ...................................... 19 7.02 Coordination ................................................. 20 / ARTICLE 8-OWNER'S RESPONSIBILITIES ........................................... 20 8.01 General ..................................................... 20 8.02 Scope of OWNER's Safety and Hazardous Waste Responsibilities ......... 21 8.03 Resident Project Representation ................................... 21 ARTICLE 9.-CHANGES IN THE WORK; CLAIMS ....................................... 21 9.01 General -Rights and Obligations ................................... 21 9.02 Notice of Intent to Make Claim ................................... 21 9.03 Claim Documentation ........................................... 22 9.04 Decision ..................................................... 22 9.05 Time Limit Extension ........................................... 22 9.06 Exceptions ................................................... 22 9.07 Execution of Change Orders ...................................... 22 9.08 Notice to Sureties .............................................. 22 ARTICLE 10--CHANGE OF CONTRACT PRICE ......................................... 22 10.01 General ..................................................... 22 10.02 Cost of the Work .............................................. 23 10.03 Cash Allowances ............................................... 25 10.04 Unit Prices ................................................... 25 ARTICLE "--CHANGE OF CONTRACT TIMES ...................................... 26 11.01 General ..................................................... 26 11.02 Time Extensions ............................................... 26 ARTICLE 12--TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION .............................................. 26 12.01 Notice of Defects .............................................. 26 12.02 Access to Construction ........................................... 27 12.03 Tests and Inspections ........................................... 27 12.04 Uncovering Construction ........................... .I........... 27 12.05 Owner May Stop the Construction ................................. 27 12.06 Correction or Removal of Defective Construction ...................... 28 12.07 Correction Period .............................................. 28 12.08 Acceptance of Defective Construction ............................... 28 12.09 OWNER May Correct Defective Construction ........................ 28 u t ARTICLE 13--PAYMENTS TO DESIGNBUILDERAND COMPLETION ...................... 29 -' 13.01 Schedule of Values ............................................. 29 13.02 Application for Progress Payment .................................. 29 13.03 DESIGNBUII,DER's Warranty of Title ............................. 29 13.04 Progress Payments ............................................. 30 13.05 Substantial Completion .......................................... 30 13.06 Partial Utilization .............................................. 31 13.07 Final Inspection ............................................... 31 13.08 Final Application for Payment .................................... 31 13.09 Final Payment and Acceptance .................................... 32 13.10 Waiver of Claims .............................................. 32 ARTICLE 14--SUSPENSION OF WORK AND TERMDIATIOI( ............................. 32 14.01 Owner May Suspend Work ........................................ 32 14.02 Owner May Terminate for Cause .................................. 32 14.03 Owner May Terminate for Convenience ............................. 33 14.04 DESIGNBUILDER May Stop Work or Terminate .................... 34 ARTICLE 1S--DISPUTE RESOLUTION ............................................... 34 ARTICLE 16--MISCELLANEOUS.................................................... 34 16.01 Giving Notice ................... :............................. 34 16.02 Computation of Times .......................................... 34 16.03 Notice of Claim ............................................... 34 16.04 Cumulative Remedies ........................................... 35 16.05 Survival of Obligations .......................................... 35 EIT GC -A to GENERAL CONDITIONS OF THE AGREEMENT BETWEEN OWNER AND DESIGN/BUILDERDATED.............. I................... 36 15.01 Dispute Resolution Agreement .................................... 36 iii Note: A marginal arrow in these General Conditions indicates a paragraph or section that has been revised or added to in the Supplementary Conditions, and is shown for the convenience of the reader only. Any use of these General Conditions must include the complete interrelationship with the Supplementary Conditions and the Contract Documents. GENERAL CONDITIONS ARTICLE 1--DEFINITIONS 1.01 Defined Terms A. Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: I. Addenda --Written or graphic instruments issued prior to the opening of Proposals which clarify, correct or change the Request for Proposals or the Contract Documents. 2. Agreement --The written contract between OWNER and DESIGNBUILDER covering the Work; other Contract Documents are attached to _._ the Agreement and made a part thereof as provided therein, 3. Application for Payment --The form which is to be used by DESIGNBUILDER in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bonds --Performance and payment bonds and other instruments of security, 6. Cash Flow Projection --A schedule prepared by DESIGNBUILDER estimating that portion of the Contract Price to be due during each month of performance. 7. Change Order --A written order which is signed by DESIGNBUILDER and OWNER which authorizes an addition, deletion or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 8• Conceptual Doluments--The specifications and/or other graphic drawings t written OWNials, criteria and ER's reinformation requirements for Project,, suchtas design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, including those items enumerated in the Request for Proposals which show or describe the character and scope of, or relate to, the Work to be performed or furnished and which have been prepared by or for OWNER. 9. Construction --The performing or furnishing Of labor, the furnishing and incorporating of materials and equipment into the Work and the furnishing of services (other than Design Professional Services) and documents, all as required by the Contract Documents. 10. Construction Subagreemenr--A written agreement between DESIGNBUILDER and a construction contractor for provision of Construction. IL Contract Documents --The Agreement, the Conceptual Documents, Addenda (which pertain to the Contract Documents), DESIGNBUILDER's Proposal, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings together with III Work Change Directives, Change Orders, Written Amendments, and Field Orders, issued on or after the Effective Date of the Agreement. The Contract Documents also include those documents specifically identified by the OWNER in the Request for Proposals. 12. Contract Price --The moneys payable by OWNER to DESIGNBUILDER for completion of the Work in accordance with the Contract Documents. 13. Contract Times --The numbers of days or he dates stated in the Agreement (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment in accordance with paragraph 13.08.A. ec14. defective --An adjective which when odifying the term Construction refers to onstructio❑ that is unsatisfactory, faulty or' deficient, in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to OWNER'S final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion). 15. DESIGN/BUILDER--The individual or entity with whom OWNER has entered into the Agreement. 16. Design Subagreement--A written agreement between DESIGNBUILDER and a design professional for provision of Design Professional Services. 17. Design Professional Services --Services related to the preparation of Drawings, Specifications, and other design submittals specified by the Contract Documents and required to be performed by licensed design professionals, as well as services provided by or for licensed design professionals during Bidding/Negotiating, Construction, or Operational phases. 18. Drawings --Those portions of the Contract Documents prepared by or for DESIGNBUILDER and approved by OWNER consisting of drawings, diagrams; illustrations, schedules and other data which show the scope, extent, and character of the Work. 19. Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 20. Engineer --A duly licensed individual or entity designated by DESIGN/BUILDER to perform or furnish specified Design Professional Services in connection with the Work. 21. Field Order --A written order issued by OWNER which orders minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 22. Hazardous Condition —The presence at the Site of Asbestos, Hazardous Waste, PCBs, Petroleum Products or Radioactive Materials in such quantities or circumstances that there is a danger to persons or property. e123. Hazardous Woste--The term Hazardous Waste shall have the meaning provided in Section 004 of the Solid Waste Disposal Act (42 USC Section 6903). 24. Laws and Regulations Laws orRegulations— Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 25. Liens --Charges, security interests or encumbrances upon real property or personal property. 26. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 27. Notice of Award --The written notice by OWNER to the successful proposer stating that upon compliance by the successful proposer with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 2 28. Notice to Proceed --A written notice given by OWNER to DESIGNBUILDERfixingthe dateon which the Contract Times will commence to run. 29, OWNER --The public body, or authority, individual or entity with whom OESIGN/BUILAgreement D enteredER has andfor whom the Work tisoto the provided. 30, OWNER's Consultant --An individual or entity having a contract with OWNER to furnish servicesas OWNER's consultantwith respect to the Project and who is identified as such in the Supplementary Conditions. 31, OWNER's Representative --A person designated in writing to act as OWNER's representative with respect to DESIGNBUI DER's performance of the Work. Such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER's policies, make decisions with respect to performance of the Work, and provide such other services as may be agreed upon, 32. Partial Utilization --Use by OWNER of a substantially completed part of the Work for the .purpose for which it is intended (or a related Purpose) prior to Substantial Completion of all the Work. 33. PCBs --Polychlorinated biphenyls. 34. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Wastes and crude oils. 35, Project --The total construction of which the Construction to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 36. Proposal --The documents submitted by DESI,GNBUILDER in response to the Request for Proposals setting forth the design concepts, proposed prices, and other conditions for the Work to be performed. 37. Radioactive Material --Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 38. Request for Proposals --The document prepared by or, for OWNER specifying and describing OWNER's objectives and the procedure to be followed in preparing and submitting a Proposal and awarding a contract. 39. Resident Project Representative --The authorized representative of OWNER who may be assigned to the Site or any part thereof. 40. Schedule of Values --A schedule prepared by DESIGNBUILDER and acceptable to OWNER indicating that portion of the Contract Price to be paid for each major component of the Work. 41, Sue --Lands or other areas designated in the Contract Documents as being furnished by OWNER for the performance of the Construction, storage, or access. 42• Specifications --Those portions of the Contract Documents prepared by or for DESIGNBUILDER and approved by OWNER consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied the Construction and certain administrative details applicable thereto. 43. Subcontractor --An individual or entity other than a Supplier or Engineer having a direct contract with DESIGNBUILDER or with any other Subcontractor for the performance of a part of the Work. 44. Submittal --A written or graphic document prepared by or for DESIGNBUILDER which is 3 required by the Contract Documents to be submitted to OWNER by DESIGNBUILDER. Submittals may include Drawings, Specifications, progress schedules, shop drawings, samples, Cash Flow Projections, and Schedules of Values. Submittals other than Drawings and Specifications are not Contact Documents. 45. Substantial Completion --The time at which the Construction (or a specified part) has progressed to the point where it is sufficiently complete, in accordance with the Contract Documents, so that the Construction (or a specified part) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Construction refer to Substantial Completion thereof. 46. Supplementary Conditions --The part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier --A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with DESIGNBUILDER or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by DESIGNBUILDER or any Subcontractor. 48. Unit Price Work --Work to be paid for on the basis of unit prices. 49. Work --The entire completed construction or the various separately identifiable parts thereof required to be performed or furnished under the Contact Documents. Work includes and is the result of performing or furnishing Design Professional Services and Construction required by the Contract Documents. 50. Work Change Directive --A written directive to DESIGNBUILDER, issued on or after the Effective Date of the Agreement and signed by OWNER ordering an addition, deletion or revision in the Work, or responding to differing site conditions under which the Work is to be performed as provided in paragraph 4.02 or to emergencies under paragraph 6.15. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 51. Written Amendment --A written amendment of the Contract Documents, signed by OWNER and DESIGNBUILDER on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly design or construction -related aspects of the Contract Documents. ARTICLE 2--PRELEVIINARY MATTERS 2.01 Delivery of Bonds A. When DESIGNBUILDER delivers the executed Agreements to OWNER, DESIGNBUILDER shall also deliver to OWNER such Bonds as DESIGN/ BUILDER may be required to furnish in accordance with paragraph 5.01.A. 2.02 Commencement of Contract Timer Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or,.if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may given at any time within thirty days after the Effective Date of the Agreement. in as @4 elti Will the Goal -- --- 'e - 2.03 Starting the Work A. DESIGNBUILDER shall start to perform the Work on the date when the Contract Times ence o run. comm 2 04 Before Stav ng Construction ItA DESIGN/BUILDER shall submit the following for review within ten days after commencement of the Contract Times: I. A preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work including each Milestone specified in the Contract Documents; 2. A preliminary schedule of required Submittals and the times for submitting, reviewing and processing each Submittal; 3. A preliminary Schedule of Values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts sufficient detail to serve as the basis for proin ss Payments during performance of the Work gre Such prices will include a pro rasa amount of overhead and profit applicable to each item of Work; and 4. A Preliminary Cash Flow projection. B. to the er, with copies to addition identifiediat lementa each ured of insurance and of ry s,certificates vi e of insurance which either of them o reasonably r st) which DESItonal insured may OW respectively are required to ut and . P and 2.05 Initial Conference A Within twenty days after the Contract Times start to run a conference attended by OWNER and DESIGN/BUILDER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the design concepts, schedules referred to in paragraph 2s, process.04. procedures for handling Submittals, Applications for Payment, maintaining required records, items required pursuant to paragraph 8.0I.A.6 and other matters. 2.06 Initially Acceptable Schedules �-94- DESIGNBUILDER shall have an additiona: ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress Payment shall be made to DESIGNBUILDER until the schedules are submitted to and acceptable to OWNER as provided below. The progress schedule Will be acceptable to OWNER as providing an orderly Progression of the Work to completion within. any specified Milestones and the Contract Times, but such acceptance will neither impose on OWNER responsibility for the sequencing, scheduling Progress of the Work nor interfere with or relieve DESIGNBUILDER from DESIGNBUILDER's fun responsibility therefor. The format and structure of the progress schedule will be as set forth in the Contract Documents. OWNER's acceptance shall not be deemed to confirm that the schedule is a reasonable plan for performing the Work. DESIGNBUILDER's schedule of Submittals will be acceptable to OWNER as providing a workable arrangement for reviewing and processing the required Submittals. DESIGNBUILDER's Schedule of Values and Cash Flow Projection will be acceptable to OWNER as to form and substance. ARTICLE 3--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents comprise the entire agreementbetween OWNER and DESIGNBUILDER concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. B. It is the intent of the Contract Documents to describe a functionally complete Project (or pari thereof) to be designed and constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe work, materials or equipment, such words or phrases shall be interpreted in 4taccordance with that meaning. .02 References A. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations is 499e; en the jest do) fei jeeeik,! OF B. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.03.A , the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: I. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). C. No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, DESIGNBUILDER or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 8.02 or eany other provision of the Contract Documents. 3.03 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 1. OWNE'R's approval of required Submittals (pursuant to paragraph 6.16.13); 2. A Work Change Directive; 3. A Change Order•, 4. A formal Written Amendment; or 5. A Field Order. 3.04 Reuse of Documents A. All documents including Drawings and Specifications prepared or furnished by DESIGNBUILDER pursuant to this Agreement are instruments of service in respect of the Project and DESIGNBUILDER shall retain an ownership and property interest therein whether or not the Project is completed. OWNER may make and retain copies for information and reference in connection with the use and occupancy of the Project by OWNER and others; however, such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other Project. Any reuse without written verification or adaptation by DESIGNBUILDER for the specific Purpose intended will be at OWNER's sole risk and without liability or legal exposure to DESIGNBUILDER and OWNER shall indemnify and hold harmless DESIGNBUILDER, Subcontractors, and Engineer from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle DESIGNBUILDER to further compensation. at rates to be agreed upon by OWNER and DESIGNBUILDER. RTICLE 4--AVAILABILITY OF tDIFFERDVG SITE CONDITIONS; LANDS; DINTS; HAZARDOUS CONDITIONSNCE 4.01 Availability of Lands A. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Construction is to . be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of DESIGNBUILDER. cord legal title and le a the ]ands u on, tption of P the truction is to be Performed and p ' s inte erein as necessary for giI- ue of'o I filing a mechanic aoa;n , OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which DESIGNBUILDER will have to comply in Performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If DESIGNBUILDER and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER'S furnishing these lands, rigbts-of•way or easements, DESIGNBUILDER may make a claim therefor as provided in Article 9. C. DESIGNBUILDER shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Differing Site Conditions NER of (i) subsurface or latent physical ct at t Site which differ materially from those i in the on[ract Documents, or (ii) unknown conditio at the Site, of an unusual natyy�� differmate 'ally from tbose ordina.iiv, ,, 1_. generally character B. OWNER promptly after re, do materially so decrease in the D time required for, whether or not cb an equitable adjt clause and the writing by Clip e :d as inhering in by the Contract Iy , which red and of the �r investigat the site conditions :eivi the ice. If the conditions differ a cause an increase or ESIGN ILDER's cost of, or the per min any part of the Work, an d as a re It of the conditions, ment shall b made under this mtract Price or es modified in Order in accordant with Article 9. C. N request by DESIGN/BUILD equita an a adjustment under paragraph 4A2 fall be all? d unless DESIGNBUILDER has give the wr' ten notice required; provided that the t e .t _:L_J. n- _ 4.03 Reference Points A. DESIGNBUILDER shall be responsible for laying out the construction and shall protect and preserve the reference points established by OWNER pursuant to paragraph 8.01.A.6.e and shall make no changes or relocations without the prior written approval of OWNER. DESIGNBUILDER shall report to OWNER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Hazardous Conditions idbktified in the Contract Documents to be within e sco of the Work. OWNER shall not be respo ble for m erials creating a Hazardous Condition b ught to the "te by DESIGN/BUILDER, Subco actors, Supplie or anyone else fo whom DESIGN/BIVILDER is responsible. B. DESIG BUILDER and any affected Subcontractor all neimmediate - (i) stop all Construction in ction wi such Hazardous Condition and in any rea affe ed thereby (except in an emergency as requir by aragraph 6.15), and (ii) notify OWNER (and the ter confirm such notice in writing). OWNER sh romptly determine the necessity of retaining qua' ied expert to evaluate such Hazardous Con ion or t e corrective action, if BU any. DESIGNDER shall of be required to resume Constr ion in tonne ion with such Hazardous Co ttion or in any such a ected area until after OWN has obtained any re ired permits related they to and delivered to DESIG UILDER special tten notice (i) specifying at such Hazard s Condition and any affected area or has been ndered safe for the resumption of Constr tion, or 1) specifying any special conditions under ich s h Construction may be resumed safely. If OWN s ecial conditions under which Construction is agre d b DESIGNBUILDER to be resumed, either p ty ma make a claim therefor as provided in Article C. If after receipt of such special written notice DESI BUILDER does not agree to resume Constru lion based on a reasonable belief it ' unsafe, or does n t agree to resume such Construe on. under such speci conditions, then OWNER ma order such portion oft e Work that is related [o su Hazardous Condition or 'n such affected area to b deleted from the Work. OWNER and DESI NBUILDER cannot agree a to entitlement too the amount or extent of an adl stment, if any, in utract Price or Contract Times a a result of dele ' g such portion of the Work, then eit r party may ke a claim therefor as provided in Arti le 9. OW R may have such deleted portion of th Work pe ormed by OWNER's own forces or others i actor In with Article 7. D. To the fullest ex n permitted by Laws and Regulations, OWNER 11 indemnify and hold harmless DESIGNBU DER, Subcontractors, Suppliers, Engineers d the officers, directors, employees, agents, oth consultants and subcontractors of ea and a y of them from and against all claims, cos s, losses a damages (including but not limited to fees and c arges of engineers, architects, attorne and other p fessionals and all court or arbitrati n or other disput resolution costs) arising out of r resulting from uch Hazardous Condition, pro ded that (i) any such laim, cost, loss or damage is attributable to bodily oi 'ury, sickness, disease or ath, or to injury to or struction of tangible pr erty (other than completed onstruction Services), ' eluding the loss of use resulting herefrom, and (ii) thing in this paragraph 4.04.D sha obligate OWNE to indemnify any individual or en 'ty from and a inst the consequences of that individ al's or entity s own negligence or willful misconduct. . The provisions of paragraph 4.02 are of in ended to apply to materials uncovered or revea d the Site which are or could be a Hazardo r J �vacn�mr:r CITY OF FORT COLLINS REQUEST FOR PROPOSALS: SECOND SHEET OF ICE AT EPIC (DESIGN/BUILD) PROPOSAL NUMBER P- 812 • Integrate the disabled without stigmatizing them • Universal design for entire population (all ages, all levels of ability) • Warm, professional and welcoming • The building should "delight" visitors 1.3.3 FLEXIBILITY/ DURABILITY Avoid having the building become "outdated" in 5-10 years. • "Serviceable" life of the building anticipated to be 40+ years • Plan for changes. Reduce on -going maintenance and repair costs • Reduce need to repair or replace materials • Use materials that prolong the useful service Irfe of the building • Ensure equipment is accessible for serviceability. 1.3.4 PROJECT VISION To develop a facility that maximizes usability as effectively and efficiently as possible. Enable the free flow of patrons into this addition in such a manner that it appears to be a part of the original facility. Provide state-of-the-art equipment to enhance the facilities capabilities and maximize its maintainability. 1.3.5 ENERGY EFFICIENCY, WATER CONSERVATION, INDOOR AIR QUALITY • Maximize energy performance. • Reduce the use of non-renewable energy sources. • Use analysis to identify challenges, evaluate solutions, and quantify energy and economic benefits. • Meet the City's Energy Code. • Reduce treated water use. • Avoid products and materials that contain carcinogens, volatile organic compounds, and other known toxins. • Avoid design of mechanical systems that encourage the growth of molds, fungi, and bacteria. 1.3.6 PERFORMANCE 1.3.6.1 BUILDING PERFORMANCE Achieving the high-performance goals for this project will depend on proper post - occupancy functioning of all building systems. The commissioning process can optimize performance (see Section 2.5 Commissioning). The objectives of the commissioning process are: • To assure that the installation and performance of the building systems are in accordance with the design intent and documents • To ensure that the lighting, heating, cooling, ventilation, and other building mechanical systems work together effectively and efficiently. • To ensure that the building delivers the energy performance that it was designed to deliver. • To ensure that the building delivers the healthy environment that it was designed to deliver. • To ensure that the building begins occupancy at optimal performance. Page 4 of 14 Proposal No. P-812 ARTICLE 5..130NDS AND INSURANCE 5.01 Performance, Payment and Other Bonds A. DESIGNBUILDER shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of allDESIGN/BUILDER'S obligations to furnish, provide and pay for Construction and related materials under the Contract Documents, These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. DESIGNBUILDER shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall bein the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau Of Government Financial Operations, U.S. Treasury Department, All Bonds signed by an agent must be accompanied by a certified copy of such a authority to act. gent's eB. If the surety on any Bond furnished by beESIGNBUILDER is declared a bankrupt or comes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.A, DESIGNBUILDER shall within thirty days thereafter substitute another Bond and surety meeting the requirements of paragraphs 5.01.A and 5.09. 5.02 DES7GN1BU1LDER's Liability Insurance A. DESIGNBUILDER shall purchase and maintain such Comprehensiveor Commercial General Liability (subject to customary exclusions in respect of professional liability), Automobile Liability and Worker's Compensation insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from DESIGNBUILDER's performance and furnishing of [he Work and DESIGNBUILDER's other obligations under the Contract Documents, whether it is to be performed or furnished by DESIGNBUILDER, any Subcontractor or Supplier, directly indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: L Claims under workers' compensation, disability benefits and other similar employee benefit acts; 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of DESIGNBUILDER's employees; 3. Claims for damages because of bodily injury, sickness of disease, or death of any person other than DESIGN/BUILDER's employees; rzo^' sustaine i son a directly or ' e ate a _ Offense o merit of 5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. Thepoliciesofinsurance requiredby paragraph 5.02.A shall: 1• With respect to insurance required by paragraphs 5.02.A.3 through 5.02.A.6 inclusive, include as additional insureds OWNER and OWNER's Consultants and any other persons or entities indicated in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 2. Include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; it3. Include completed operations insurance; 4. Include contractual liability insurance covering DESIGN/BUILDER'S indemnity obligations under paragraphs 6.06, 6.10 and 6.19; S. Contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least 30 days prior written notice has been given to OWNER and each other additional insured indicated in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished .by the DESIGNBBUILDER pursuant to paragraph 5.09.13 will so provide); 6. Remain in effect at least until final payment and at all times thereafter when DESIGNBUILDER may be correcting, removing or replacing defective Construction in accordance with paragraphs 12.06 and 12.07; and 7. With respect to completed operations insurance, and any other insurance coveragewritten on a claims -made basis, remain in effect for at least two years after final payment (and DESIGNBUILDER shall furnish OWNER and each other additional insured indicated in the Supplementary Conditions to whom a certificate of ingi—nce has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and tO3OTTWER's ne year thereafter). Liability Insurance A. In addition to the insurance required to be provided by DESIGNBUILDER under paragraph 5.02, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. 5.04 Property Insurance -uusp p perty insurance upon the Construction at in Ve amount of the full replacement cost (sub ct to such deductible amounts as provi din the Supplementary Conditions or by La and Regulations). This insurance wi: 1. Nnclude the interests of WNER, DESIG BUILDER, Subcontractors, and any other p sons or entities indica d in the Suppleme\1n Conditions, each f whom is deemed toe an insurable inter t and shall be listed as aured oradditional' cured: 2. Be writt on a B open peril or spec l cause shall at least includ 'nsura damage to the Cons ucti falsework and all transit, and shall following perils or extended coverage, mischief, earthqua demolition occasio Regulations, war or causes of loss s the SUDDlemen ary uilde s Risk "all-risk" or s of oss policy form that n for physical loss and o , temporary buildings, als and equipment in against at least the of loss: fire, lightning, th/ft, Nlpdalism and malicious coil se, debris removal, d by eaf cement of Laws and damage, an such other perils may be spec ically required by Conditions; 3. Incl 96e expenses incurred in the repair or replacemej of any insured property (t cluding but not limitr to fees and charges of en 'neers and 4. Cover materials and equipment sto ed at the ite or at another location that was agre d to in ruing by OWNER prior to being incorpor ed i the Construction, provided that such materi s 10 'NER and DESIGN/BUILDER with thirty da ten notice to each other additional insured o m a certificate of insurance has been Is III 6. Allow partial ut Hzation in accorda/e with gra h 5.08. B. OW R boiler and ma in insurance as m Conditions or La the interests o Subcontractors, an indicated in the S whom is deemed to be listed as an insu shall purchase and b7einsurance or adc brequired by the s and Regulations wi OWNER, DESI13 JJ any other indivjfluais or entities /ditions, each of interest and shall insured. an ain such property will include C. A11 the po&ci of insurance (and the certificates or other evid ce hereof) required to be Purchased and maintained OWNER in accordance With paragraph 5.04 will contain a provision or endorsement that the cov r e afforded will not be cancelled or materially an d or renewal refused until at least 30 days' rior tten notice has been given to DESIGNS IL DER and to each other additional insured to hom a ce ificate of insurance has been issued and '11 contain fiver provisions in accordance with pa agraph 5.OS.A D. OWNE shall not be r purchasing aad aintaiain an spoasible for Protect the interests of y proper insurance to Subcthe ontracto ,Suppliers, Engineers or fiefs In Work to the extent of any deductible amou is that are identified i the Supplementary Conditions. The risk of loss wi in such identified deductible am unt, will be born by DESIGNBUILDER, Subconit for or Others ffering any such loss and if any of them ishes prope y insurance coverage within the limits o such amo is, each may purchase and maintain it at the pur aser's own expense. E. f DEr'tS'INGauNcB�UI_L_DER requests iIl witing th` 94 ESIGNBUILDER by appropriate Change Order r itten Amendment. Prior to commencement of e Wo k at the Site, OWNER shall in writing a ise DE GNBUILDER whether or not such insura ce has been procured by OWNER. they 5.05 fiver of Rights A- O ER and DESIGNBUILDE intend that all policies urchased in accordance wi paragraph 5.04 will p tect OWNER, DESI Engineers Su BUILDER, ntractors, and all oth individuals or entities indicate in the Supplement Conditions to be listed as insu ads or additiona insureds in such Policies and will pr vide primary cq erage for all losses and damages caus by the pens or causes of loss covered thereby, such licies shall contain provisions to the effec that in a event of payment of any loss or damage the 'nsur s will have no rights of recovery against any o th insureds or additional insureds thereund DESIGNBUII DER waiv OWNER a n d aginst each th at and their respective offi rs,ll tractors,aemploy es and agents for all losses and ama s caused by, arising out of or resulting from a of the erils or causes of loss covered by such p icies and any other property insurance applicabl to the Wo and, in addition, waive all such righ against Sub co ractors, Suppliers, Engineersandall therindividuaIso entities indicated in the Supple entary Conditions o be listed as insureds or ad tional insureds under ch policies for losses and d ages so caused. None of the above waivers shall xtend to the rights that any arty making such waive may have to the proceeds insurance held by O NER as trustee or otherwise pa ble under any poll so issued. In addition, OWNER aives all rights ainst DESIGNBUILDER Eng n e, Subcon actors, rs and Suppliers and the officers, di ctors, empl yees and agents of any of them for bu 'ness inte ruption, loss of use of OWNER's property an ny of r consequential damages caused by, arising out of o resulting from any of such insured perils or caus 11 5.06 Receipt and Application of Proceeds A. Any insured loss under the policies of insurance required by paragraph 5.04 will be adjusted With OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.06.B. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. B. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection,be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers as ;squiFsd_ L ia;eFest ---- � -r - 5.07 Acceptance of Bonds and Insurance; Option to Replace or rance required to be purchased and MainWIed by the o r party in accordance with Artic on the bass of th ' not complying wit e Contract Documents, the ecting part all so notify the other party in writing i n days after receipt of the certificates (or othe t ce requested) required by paragraph ,04.B. OWNER and DESIGNBU ER shall each provt to the other such ad onal information in respect o ' surance pro ' ed as the other may reasonably reque . If the of the Work, or of such failure t r ntain prior to any a in the required c� age. Without prejudice to any othe t t medy, the other party may elect to obtain a onds or insurance to protect such r parry's interests a expense of the o was supposed to providesuc ra¢e, 5.08 Partial Utilization --Property Insurance A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Construction, such use or occupancy may be accomplished in accordance with paragraph 13.06; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. 5.09 Licensed Sureties and Insurers; Certificates of Insurance A. All Bonds and insurance required by the Contract Documents to be purchased. and maintained by OWNER or DESIGN/BUILDER shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. B. DESIGNBUILDER shall deliver to OWNER, with copies to each additional insured indicated in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which DESIGNBUILDER is required to purchase and maintain in accordance with paragraph 5.02.A. 12 3 ' c--Sc--aad�.actd;ticaa�yysy�.' ' Supplem onditions, certificat (and other evidence surance DESIG rance requested by or any other a sured) ARTICLE 6--DESIGN/BUILDER'S RESPONSIBILITIES 6.01 Design Professional Services A. Standard of Care. DESIGNBBUILDER shall perform or furnish Design Professional Services and related services in all phases of the project. The standard of care for all such services performed or furnished under this Agreement will be the care and skill ordinarily used by members of the engineering profession practicing under similar conditions at the same time and locality. B. Preliminary Design Phase. After the Contract Times commence to run, DESIGNBUILDER shall: I. Consult with OWNER to understand OWNER's requirements for the Project and review available data. 2. Advise OWNER as to the necessity of OWNER's providing or obtaining from others additional reports, data or services of the types provided in paragraph 8.0l.A.6.a-f and assist OWNER in obtaining such reports, data, or services. 3. Identify and analyze requirements of _governmental authorities having jurisdiction to approve the portions of the Project designed or specified by DESIGNBUILDER with whom consultation is to be undertaken in connection with the Project. 4. Obtain such additional geotechnical and related information which it deems necessary for Performance of the Work. 5. On the basis of th� nceptual Documents and DESIGNBUILDER'sA Proposal, prepare preliminary design documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Project. 6. Furnish the preliminary design documents to and review them with OWNER within the time indicated in the schedules described in paragraph 2.06.A. C. Final Design Phase; After written acceptance by OWNER of the preliminary design phase documents DESIGNBUILDER shall: I. On the basis of the accepted Preliminary Design Phase documents, prepare final Drawings showing the scope, extent, and character of the Construction to be performed and furnished by DESIGNBUILDER and Specifications (which will be prepared, where appropriate, in general conformance with the sixteen division format of the Construction Specifications Institute). 2. Provide technical criteria, written descriptions and design data required for obtaining approvals of such governmental authorities as have jurisdiction to review or approve the final design of the Project, and assist OWNER in consultations With appropriate authorities. 3. Furnish the above documents, Drawings and Specifications to and review them with OWNER within the time indicated in the schedules described in paragraphs 2.04.A and 2.06.A. D.Operational Phase. During the Operational Phase, DESIGNBUILDER shall: I. Provide assistance in connection with the start-up, testing, refining and adjusting of any equipment or system. 2. Assist OWNER in training staff to operate and maintain the Project. 13 3. Assist OWNER in developing systems and procedures for control of the operation and maintenance of and record keeping for the Project. 6.02 Supervision and Superintendence of Construction A. DESIGNBUILDER shall supervise, inspect and direct the Construction competently and efficiently, 'devoting such attention thereto and applying such skills and expertise as may be necessary to provide the Construction in accordance with the Contract Documents. DESIGNBUILDER shall be solely responsible for the means, methods, techniques, sequences and procedures employed for the provision of Construction. DESIGNBUILDER shall be responsible to see that the completed Construction' complies accurately with the Contract Documents and shall keep OWNER advised as to the quality and progress of the Construction. B. DESIGNBUILDER shall keep on the Site at all times during construction a competent resident superintendent, who shall not be replacedwithout written notice to OWNER except under extraordinary circumstances. The superintendent will be DESIGNMUILDER's representative at the Site and shall have authority to act on behalf of DESIGNBUILDER. All communications to the superintendent shall be as binding as if given to DESIGNBUILDER. 6.03 Labor, Materials and Equipment A. DESIGNBUILDER shall provide competent, suitably qualified personnel to survey and lay out the Construction and perform Construction as required by the Contract Documents. DESIGNBUILDER shall at all times maintain good discipline and order at the Site. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Construction at the Site shall be performed during regular working hours, and DESIGNBUILDER will not permit overtime work or the performance of Construction on Saturday, Sunday or any legal holiday without OWNER's written consent, �,hieh B. Unless otherwise specified in the Contract Documents, DESIGNBUILDERshall furnish or cause to be furnished and assume full responsibility for materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, beat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. DESIGNBUILDER, in the presence of OWNER's personnel, will direct the checkout of ethutilities and operations of systems and equipment. C. All materials and equipment incorporated into e Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Contract Documents shall expressly run to the benefit of OWNER. If required by OWNER, DESIGNBUILDER shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. 6.04 Progress Schedule A. DESIGNBUILDER shall adhere to the progress schedule established in accordance with paragraph 2.06.A as it may be adjusted from time to time. 1. DESIGNBUILDER shall submit to OWNER for acceptance proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect. No 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 11. Such adjustments may only be made by a Change Order or Written Amendment. 14 CITY OF FORT COLLINS REQUEST FOR PROPOSALS: SECOND SHEET OF ICE AT EPIC (DESIGWBUILD) PROPOSAL NUMBER P- 812 • To ensure that operation and maintenance personnel are given the proper training in the functioning/maintenance of the building systems. • To ensure that the City has the documentation for building components, systems and operation necessary to properly maintain the building systems. 1.3.6.2 HUMAN PERFORMANCE Another objective of this project is to create an environment that is safe, healthy, and comfortable. • Provide high quality indoor air. • Utilize quality lighting design. 1.3.7 LIFE CYCLE COSTS • This objective relates to the on -going costs of operating the building long after 0 has been constructed. The City desires to minimize maintenance and operating costs over the Irfe of the building. 1.4 PROGRAM REQUIREMENTS 1.4.1 SPACE REQUIREMENTS The design -build team is expected to develop a safe public access from the existing lobby to the new ice rink and building core requirements (electrical, mechanical, ice resurfacer room, janitorial, locker rooms, restrooms) as part of the design. 1.4.2 SITE REQUIREMENTS The design -build teams shall provide, as a minimum, the site -related spaces and improvements shown on the Scenario 2 Site Plan dated 8-6-97. 2. SCOPE OF SERVICES r 2.1 PUBLIC PARTICIPATION In order to gather input from affected neighbors, the City will initiate a public participation process for this project, once a team is selected, which will include: r 2.1.1 PUBLIC PRESENTATIONS: t_ t The selected design will be presented at one Neighborhood meeting. Incorporating items from that input into the design will be determined at a meeting with the City's project team to review the extent of changes suggested and impact on the budget. 2.1.2 CITY COUNCIL PRESENTATIONS: The project scope will be briefed before a City Council work session January 15, 2002, with the Second Reading will take place February 5, 2002. [ 2.2 ART IN PUBLIC PLACES The team selected by the City of Fort Collins will be required to work with an artist from I the City's Art in Public Places Design Consultants list with the intent to design artistic fi elements into the project concept, and that are within the project budget. A member of the Design/Build team will be added to the committee that selects the artist. The City will contract directly with the artist. Page 5 of 14 Proposal No. P-812 CITY OF FORT COLLINS REQUEST FOR PROPOSALS: SECOND SHEET OF ICE AT EPIC (DESIGN/BUILD) PROPOSAL NUMBER P- 812 2.3 TEAM BUILDING Team Building is a process developed to produce a profitable job for the entire project team. It is meant to foster open communication among individuals and puts the handshake back into the construction process. The City desires a successful project for everyone involved. The City would like to create an environment where trust and teamwork prevent disputes, foster a cooperative bond to everyone's benefit, and facilitate the completion of a successful project. City staff wishes to work with the design/build team closely on a day to day basis as members of a project team during design and construction. 2.4 DESIGN/ BUILD SERVICES The City desires the best possible combination of design and building construction services for this project The successful team will be responsible for ALL disciplines required for the design, engineering, cost estimating, and construction services necessary for completion of the project from conceptual design through project close- out The successful team will be responsible for meeting all state and local licensing requirements in the design and construction of the facility. The standards referenced and included in this RFP are intended to establish the expectations the City has for this project regarding quality of materials and workmanship. The successful team will be responsible for preparing and submitting required documentation for the development review process, coordinating any revisions necessary to the documents, and making presentations to obtain necessary approvals and permits for the project. 2.5 COMMISSIONING The City desires commissioning services throughout the design, construction, and post - construction phases of this project. Commissioning will be performed according to the "Model Commissioning Plan and Guide Commissioning Specifications", USDOE/PECI, r 1997. (The "Model Commissioning Plan and Guide Specifications is available from: NTIS, document number DE97004564, or call 1-800-553-6847, or visit the PECI Web site at httD:/Avww Deci ora.) 2.5.1 SYSTEMS Systems to be commissioned include, but are not limited to: a) Heating, ventilating, and air conditioning systems, subsystems, and equipment b) Life safety systems, subsystems, and equipment c) Building controls that include energy management control system, access control system, fire management system, and elevator control system. 2.5.2 QUALIFICATIONS t The Commissioning Agent's qualifications shall include: a) Contracted independently of either the Mechanical design engineer or the Mechanical contractor b) Experience as a commissioning agent for a minimum of three projects similar in size and scope. Provide this information as part of the proposal, section 5.2.5 [[ 1. Page 6 of 14 Proposal No. P-812 6.05 Concerning Subcontractors, Suppliers and Others A. DESIGN/BUILDER shall not employ any Subcontractor, Engineer, Supplier or other individual or entity against whom OWNER may have reasonable objection. DESIGNBUILDER shall not be required to employ any Subcontractor, Engineer, Supplier or other individual or entity to furnish or perform any of the Work against whom DESIGNBUILDER has reasonable objection. B. DESIGNBUILDER shall be fully responsible to OWNER for all acts and omissions of the Subcontractors, Engineers, Suppliers and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with DESIGNBUILDER. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Engineer, Supplier or other individual or entity any contractual relationship between OWNER and any such Subcontractor, Engineer, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER to pay of to see to the payment of any moneys due any such Subcontractor, Engineer, Supplier or other individual or entity except as may otherwise be required by Laws and Regulations. C. DESIGNBUMDERshall besolely responsible for scheduling and coordinating Subcontractors, Engineers, Suppliers and other individuals and entities performing or furnishing any of the Work under a direct or indirect contract with DESIGNBUILDER. DESIGNBUILDER shall require all Subcontractors, Engineers, Suppliers and such other individuals and entities performing or furnishing any of the Work to communicate with the OWNER through DESIGNBUILDER. D. All services performed or provided to and material and equipment supplied to DESIGNBUILDER by a Subcontractor or Supplier will be pursuant to an appropriate Design Subagreement or Construction Subagreement between DESIGNBUILDER and the Subcontractor, Engineer or Supplier which specifically binds the Subcontractor, Engineer or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER. ivt...,.,,..., y --h . ti.. ...:g ...;fb . ahe o ' d 5rdA property p inpnhu0oor 5.04.B, the agreemen etween the DESI UILDER and the S ntractor, Engineer or Su ier will contain p tsions whereby the Subcontractor, gin o upplier waives all right against OW DESIGNBUILDER, OWNER's Consultant a all other additional insureds for all los and dam s caused by. any of the perils or ca of loss covered b ch policies and any other perry insurance applicable the Work. If the ' rers on any such policies requir arate wa' r forms to be signed by any Subcontr or, 6.06 Patent Fees and Royalties A. DESIGNBUILDER shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Conceptual Documents for use in the performance of the Construction and if to the actual knowledge of OWNER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Conceptual Documents. To the fullest extent permitted by Laws and Regulations, DESIGNBUILDER shall indemnify and hold harmless OWNER, from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Conceptual Documents. 15 6.07 Permits A Unless otherwise provided in the Contract Documents, DESIGNBUILDER shall directly or through one or more Subcontractors obtain and pay for all necessary permits and licenses. OWNER shall assist DESIGN/BUILDER, when necessary, in obtaining such permits and licenses. DESIGNBUILDER shall pay all governmental charges and inspection fees necessary for the ,prosecution of the Construction, which are applicable on the last day for receipt of Proposals. DESIGNBUILDER shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto. 6.03 Laws and Regulations A DESIGN/BUILDER shall give all notices and comply with all Laws and Regulations of the place of the Project which are applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, OWNER shall not be responsible for monitoring DESIGNBUILDER's compliance with any Laws or Regulations. B. If DESIGNBUILDER performs. any Work knowing or having reason to know that it is contrary to Laws or Regulations, DESIGNBUILDER shall bear all costs arising therefrom. C. Changes in Laws and Regulations not known or foreseeable on the date of receipt of Proposals having an effect on the cost or time of performance may be the subject of a claim under Article 9. A. DESIGNBUILDER shall pay all sales, consumer, use, gross receipts and other similar taxes required to be paid by DESIGNBUILDER in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.10 Use of Site and Other Areas A DESIGNBUILDER shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted by the OWNER and other land and areas permitted by Laws and Regulations, rights - of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. DESIGN/BUILDER shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Construction. Should any claim be made by any such owner or occupant because of the performance of the Construction, DESIGNBUILDER shall promptly Wwr settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. DESIGNBUILDER shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, OWNER's Consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, or any other party indemnifiedbereunderto the extent caused by or based upon DESIUILDER's performance of the Construction. 16 B. During the performance of the Construction, DESIGNBUILDER shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Construction. At the completion of the Construction DESIGNBUILDER shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, temporary construction and machinery and surplus materials. DESIGNBUILDER shall leave the Site clean and ready for occupancy by OWNER at Substantial Completion. DESIGNBUILDER shall restore to original condition all property not designated for alteration by the Contract Documents. t` �x C. DESIGNBUILDER shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall DESIGN BUILDER subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.11 Record Documents A. DESIGNBUILDER shall maintain in a safe place at the Site one record copy of all Drawings, Specifications,Addenda, Written Amendments, Change Orders, Field Orders and Work Change Directives, in good order and annotated to show all changes made during construction. These record documents together with all approved Submittals will be available to OWNER for reference. Upon completion of the itWork, these record documents and Submittals, including a reproducible set of record drawings, will be delivered to OWNER. 6.12 Safety and Protection A. DESIGNBUILDER shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Construction. DESIGNBUILDER shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Construction; 2. all Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. B. DESIGNBUILDER shall comply with applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. DESIGNBUILDER shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property caused, directly or indirectly, in whole or is part, by DESIGNBUILDER, any Subcontractor, Supplier or any other individual or entity directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by DESIGNBUILDER. DESIGNBUILDER's duties and responsibilities for safety and for protection of the construction shall continue until such time as all the Work is completed and OWNER has issued a notice to DESIGNBUII..DER in accordance with paragraph 13.09 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.13 Safety Representative A. DESIGNBUILDER shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervisingof safety precautions and programs. 6.14 Hazard Communication Programs A. DESIGNBUILDER shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.15 Emergencies A. In emergencies affecting the safety or protection of persons or the construction or property at the Site or adjacent thereto, DESIGNBUILDER, without special instruction or authorization from OWNER, is obligated to act to prevent threatened damage, injury lak or loss. DESIGNBUILDER shall give OWNER prompt written notice if DESIGN/BUILDER believes 17 that any significant changes in the Construction or variations from the Contract Documents have been caused thereby. If a change in the Contract Documents is required because of the action taken by DESIGNBUILDER in response to such an emergency, a Work Change Directiveor Change Order will be issued to document the consequences of such action. 6.16 Submittals A. OWNER will review and approve Submittals in accordance with the schedule of required Submittals accepted by OWNER as required by paragraph 2.06.A. OWNER's review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the construction, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. OWNER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. DESIGN/BUILDER shall make corrections required by OWNER, and shall return the required number of corrected copies of the required Submittal for review and approval. DESIGN/BUILDER shall direct specific attention in writing to revisions other than the corrections called for by OWNER on previous Submittals. B. OWNER's review and approval of required Submittals shall not relieve DESIGNBUILDER from responsibility for any variation from the requirements of the Contract Documents unless DESIGNBUILDER has in writing called OWNER's attention to each such variation at the time of submission and OWNER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. 18 C. Where a Submittal is required by the Contract Documents or the final schedule of Submittals accepted by OWNER as required by paragraph 2.06A any related Construction provided prior to OWNER's review and approval of the pertinent Submittal will be at the sole expense and responsibility of DESIGNBUILDER. 6.17 Continuing the Work A. DESIGNBUILDER shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as DESIGNBUILDER and OWNER may otherwise agree in writing. 6.18 DESIGN/BUILDER'S General Warranty and Guarantee A. DESIGNBUII-DERwarrants and guaranteesto OWNER that all Construction will be in accordance with the Contract Documents and will not be defective. DESIGNBUILDER's warranty and guarantee hereunder excludes defects or damage caused by: tI. Abuse, modification or improper maintenance or operation by persons other than DESIGN/BUILDER, Subcontractors or Suppliers; or 2. Normal wear and tear under normal usage. B. DESIGNBUILDER'sobligationtoperform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of DESIGNBUILDER's obligation to perform the Work in accordance with the Contract Documents: Observations by OWNER; 2. The making of any progress or final pay- ment; 3. The issuance of a certificate of Substantia Completion; 4. Use or occupancy of the Work or any part thereof by OWNER; 5. Any acceptance by OWNER or any failure to do so; under paragraph 6.19A shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for DESIGN - BUILDER or any such Subcontractor, Engineer, Supplier or other individual or entity under workers' compensation acts, disability benefit acts or other employee benefit acts. C. The indemnification obligations of 6. Any review and approval of a Submittal; DESIGNBUILDER under paragraph 6.19 shall not extend to the liability of OWNER's Consultants, 7. Any inspection, test or approval by others; officers, directors, employees or agents arising out of or the preparation or approval of maps, drawings, opinions, reports, surveys, designs, or specifications. 8. Any correction of defective Construction by OWNER. ARTICLE 7—OTHER CONSTRUCTION 6.19 Indemnification A. DESIGNBUILDER shall indemnify and hold harmless OWNER, OWNER's officers, directors, employees, agents and consultants from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from the performance of Construction, provided that any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent such claim, cost or damage is caused by any negligent act or omission of DESIGNBUILDER, any Subcontractor, Engineer, any Supplier, any individual or entity directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against OWNER or any of their respective consultants, agents, officers, direc- tors or employees by any employee (or the survivor or personal representative of such employee) of DESIGNBUILDER, any Subcontractor, any Engineer, any Supplier, any individual or entity directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation 1Z01 Related Cansiruczion cz Site r A. OWNER may perform other Work related to the Project at the Site by OWNER's own forces, or let other direct contracts therefor or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Conceptual Documents then (i) written notice thereof will be given to DESIGNBUILDER prior to starting any such other work and (ii) DESIGNBUILDER may make a claim therefor as provided in Article 9 if DESIGNBUILDER believes that such performance will involve additional expense to DESIGNBUILDER or requires additional time and the parties are unable to agree as to the amount or extent thereof. B. DESIGNBUILDER shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the Site and a reasonableopportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Construction with theirs. Unless otherwise provided in the Contract Documents, DESIGNBUILDER shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integratewith 19 such other work. DESIGNBUILDER shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of OWNER and the others whose work will be affected. The duties and responsibilities of DESIGNBUILDER under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of DE- SIGNBUILDER in said direct contracts between OWNER and such utility owners and other contrac- tors. C. If the proper execution or results of any part of DESIGNBUILDER's Work depends upon work performed or services provided by others under this Article 7, DESIGNBUILDER shall inspect such other work and appropriate instruments of service and promptly report to OWNER in writing any delays, defects or deficiencies in such other work or services that render it unavailable or unsuitable for the proper execution and results of DESIGNBUILDER's Work. DESIGNBUILDER's failure so to report will constitute an acceptance of such other work as fit and proper for integration with DESIGN/BUILDER'S Work except for latent or nonapparent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER contracts with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: I. The individual or entity who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 2. The specific matters to be covered by such authority and responsibility will be itemized; and 3. The extent of such authority and responsi. bilities will be provided. go B. Unless otherwise provided inthe Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8--OWNER'S RESPONSIBILITIES 8.01 General A. OWNER shall do the following in a timely manner so as not to delay the services of DESIGN/BUILDER. 1. Designate in writing a person to act as OWNER's Representative with respect to the services to be rendered under this Agreement. i 2. Provide such legal services as OWNER may require with regard to legal issues pertaining to the Project including any that may be raised by DESIGNBUILDER. r- 6-reseeeeble e satis to DESIGN/BUILDER, that s tent funds are a ' ble and committe the entire cost of the Projec . nle reasonable evi- dence is furnishe UILDER is not required to ence or cont' a Work, or ma ch evidence is not presente in a _ it !be GM -Rat 4. Make payments to DESIGNBUILDER promptly when they are due as provided in para- graph 13.04 and 13.09. i- 5. Furnish lands and easements as set forth in paragraph 4.01.A. 6. Furnish to DESIGNBUILDER, as re- t quired for performance of DESIGNBUILDER's Services the following, all of which DESIGNBUILDER may use and rely upon in r performing services under this Agreement: r- a. Environmental assessment and impact statements; b. Property, boundary, easement, right-of- way, topographic and utility surveys; c. Property descriptions; d. Zoning, deed and other land use -re- strictions; e. Engineering surveys to establish refer- ence points for design and construction which in OWNER's judgment are necessary to enable DESIGN/BUILDER to proceed.with the Work; f. Assistance in filing documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project; g. Subsurface data used in preparation of the Conceptual Documents. 7. Review submittals subject to OWNER review pursuant to paragraph 6.16.4- 8. Provide information known to or in the possession of OWNER relating to the presence of materials and substances at the site which could create a Hazardous Condition. B. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.03.A through 5.04.E. 8.02 Scope of OWNER's Safety and Hazardous Wane . 'Rerponsibilitier A- The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, DESIGNBUILDER's means, methods, techniques, sequences or procedures of construction or the safety Precautions and programs incident thereto, or for any failure of DESIGN/BUIL.DER to comply with Laws and Regulations applicable to the furnishing or perfor. mance of the Work. OWNER will not be responsible for DESIGNBUILDER'sfailure to perform or furnish the Work in accordance with the Contract Documents. 8.03 Resident Project Representation A. OWNER may furnish a Resident Project Representative to observe the performance of Construction. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. ARTICLE 9-CHANGES IN THE WORE CLAIMS 9.01 General--Rightt and Obligations A. Without invalidatingthe Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work within the general scope of the contract by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, DESIGNBUILDERshaU promptlyproceed with the Work involved which will be performed under the applicable provisions of the Contract Documents (except as otherwise specifically provided). 9.02 Notice of Intent to Make Claim A. If OWNER and DESIGN/BUILDER are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of any order of OWNER pursuant to paragraph 9.0I.A or other occurrence for which the Contract Documents provide that such adjustment(s) may be made, a claim may be made therefor. Written notice of intent to make such a claim shall be submitted to the other party promptly and in no event more than 30 days after the start of the occurrence or event giving rise to the claim. 21 9.03 Claim Documentation A. Substantiating documentation shall be submitted by the claiming parry within 30 days after delivery of the notice required by paragraph 9.02.A. 9.04 Decision A. The other party shall render a decision on the claim no more than 30 days after the receipt of the substantiating documentation required by paragraph 9.03.A. This decision will be final and binding unless the claiming party gives notice of intention to exercise its rights under Article 15 within 30 days of receipt of the decision and exercisessuch rights within 30 days of giving the notice of intent. 9.05 Tune Limit Extension A. The time limits of paragraphs 9.03.A and 9.04.A may be extended by mutual agreement. 9.06 Exceptions A. DESIGNBUILDER shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph 3.03, except in the case of an emergency as provided in paragraph 6.15 or in the case of uncovering Construction as provided in paragraph 12.04. 9.07 Execution of Change Orders A. OWNER and DESIGNBUILDER shall execute appropriate Change Orders or Written Amendments covering. 1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 9.01, (ii) required because of acceptance of defective Construction under paragraph 12.08 or correcting defective Work under paragraph 12.09 or (iii) agreed to by the parties; and 2. changes in the Contract Price or Contract Times which are agreed to by the parties. 4 22 9.08 Notice to Sureties A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be DESIGNlBUILDER's responsibili- ty, and the amoufit of each applicable Bond will be adjusted accordingly. ARTICLE 10--CHANGE OF CONTRACT PRICE 10.07 General A. The Contract Price constitutes the total com- pensation (subject to authorized adjustments) payable to DESIGNBBUILDER for performing the Work. B. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the parry making the claim to the other party promptly in accordance with paragraph 9.02.A. C. The value of any Work covered by a Change Order or of any claim for an adjustment in the Con- tract Price will be determined as follows: 1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved; 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessari- )y in accordance with paragraph 10.02) or by mutually agreed unit prices; 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 10.01.C.2, on the basis of the Cost of the F Work (determined as provided in paragraph 10.02) plus a DESIGNBUILDER's Fee for overhead and profit (determined as provided in paragraph 10.02. C). 10.02 Cost of the Work A. Costs Included- The term Cost of the Work means the sum of all costs necessarily incurred and paid by DESIGN/BUILDER in the proper perfor. mance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 10.02.B: 1. Payroll costs for employees in the direct employ of DESIGNBUILDER in the performance of the Work under schedules of job classifications agreed upon by OWNER and DESIGNBUILDER. a. Such employees shallinclude without limitation superintendents, foremen and other personnel employed full-time at the Site. Payroll costs for employees not employed full time on the Site shall be apportioned on the basis of their time spent on the Site. Payroll costs shall iaalado, bui %es be limited to, sala- ries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and Payroll taxes, workers' compensation, health and i•etieemem benefits, bentises, siek leave and Neiida5- pay applicable thereto. The expensesof performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. b. Such employees shall also include engineers and engineering technicians provid. ing Design Professional Services. For purposes of this paragraph 10.02.A.1, DESIGN/BUILDER shall be entitled to pay. ment for such employees an amount equal to salary costs times a factor, both as designated in the Agreement, for all services performed or furnished by such employees engaged on the Project. 2. Cost of all materials and equipment fur- nished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to DESIGNBUILDER unless OWNER deposits funds with DESIGNBUILDER with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and DESIGNBUILDER shall make provisions so that they may be obtained. 3. Payments made by DESIGNBUILDER to Subcontractors for Work performed or furnished Subcontractors. 4. Payments made by DESIGNBUILDER to Engineers for Design Professional Services provid- ed or furnished by Engineers under a Design Subagreement. 5. Costs of special consultants (including but not limited to testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following items: a. The proportion of necessary transporta- tion, travel and subsistence expenses of DE- SIGNBUILDER's employees incurred in discharge of duties connected with the, Work. b. Cost, including transportation and maintenance, of all materials, supplies, equip- ment, machinery, appliances, office and tempo- rary facilities at the Site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not con- sumed which remain the property of DESIGNBUILDER. 23 c. Rentals of all Work equipment and machinery and the parts thereof whether rented from DESIGNBUILDER or others in accordance with rental agreements approved by OWNER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof --all in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or pans shall cease when the use thereof is no longer neces- sary for the Work. d. Sales, consumer, use or similar taxes related to the Work, and for which DESIGNBUILDER is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of DESIGNBUILDER, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses, damages and related expenses caused by damage to the Work not compensat- ed by insurance or otherwise, sustained by DESIGNBUILDER in connection with the furnishing and performance of the Work pro- vided they have resulted from causes other than the negligence of DESIGNBUILDER, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining DESIGNBUILDER's fee. If, however, any such loss or damage requires rework and DESIGNBUILDER is placed in charge thereof, DESIGNBUILDER shall be paid for services a fee proportionate to that stated in paragraph 10.02.C. g. The cost of utilities, fuel and sanitary facilities at the Site. 24 h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage and similar petty cash items in connection with the Work. i. Cost of premiums for all Bonds and insurance DESIGNBUILDER is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following. 1. Payroll costs and other compensation of DESIGNBUILDER's officers, executives, princi- pals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by DESIGNBUILDER whether at the Site or in DESIGNBUILDER's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 10.02.A.1 -- all of which are to be considered administrative costs covered by the DESIGNBUILDER's fee. 2. Expenses of DESIGNBUILDER's princi- pal and branch offices other than DESIGNBUILDER's office at the Site. 3. Any part of DESIGNBUILDER's capital expenses, including interest on DESIGNBUILDER's capital employed for the Work and charges against DESIGNBUILDER for delinquent payments. 4. Costs due to the negligence of DESIGNBUILDER, any Subcontractor, or anyone directly or indirectly employed by any of them or i for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly sup- plied and making good any damage to property. CITY OF FORT COLLINS REQUEST FOR PROPOSALS: SECOND SHEET OF ICE AT EPIC (DESIGWBUILD) PROPOSAL NUMBER P- 812 I PROJECT FUNDING 3.1 FUNDS AVAILABLE The City and Twice the Ice have obtained and appropriated funding for the project as follows: • $3,328,462 for the design and construction of the project, including any on -site and off -site improvements required by the development review process. • A portion of the money raised by Twice the Ice will come from in -kind contributions of materials and labor. Appendix E provides a listing of subcontractors who have indicated to Twice the Ice that they will donate all or part of their services. • The City and Twice the Ice has funds set aside for administration, development fees, testing, furniture, equipment, ice resurfacer, scoreboard, clock, seating, art in public places, and project contingency. 3.2 GUARANTEED MAXIMUM PRICE The design/build team should include an estimating contingency in the Guaranteed i Maximum Price (GMP) as a part of the design and construction costs of the project. 4. QUALIFICATIONS Teams that do not have the requisite experience and qualifications are not encouraged to submit proposals. 4.1 DESIGN -BUILD PROJECTS OF SIMILAR SCOPE Provide a brief project description and history for design -build projects, similar in scope to this project, completed in the last 5 years. Include the following information: • Project description that includes the project name, firms that comprised the design - build team, occupancy type (UBC), construction type (UBC), gross square footage, major structural system(s), and WAC system. t • Project history that includes the original schedule agreed upon at time of signing the contract, the actual duration of design and construction, and any special I characteristics of the project. t • Project budget information that includes the Guaranteed Maximum Price (GMP) at time of signing the contract, final cost, and the approximate number of requests for information or clarification/ and/or change orders. • Methodology for controlling project cost and schedule for each phase of the project. • Names, addresses and telephone numbers of project owners. 4.2 FINANCIAL CAPABILITY Applicants must have the financial capacity to absorb project start-up costs, as well as to ! maintain the day-to-day working financial aspects of the organizational structure. (, Provide the following information: • Bonding capacity t = • Identify project financial arrangements • Any pending or outstanding claims or judgments • References from banking and credit institutions • Insurance coverage maintained Page 7 of 14 Proposal No. P-812 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 10.02. C. Fee: The DESIGNBUILDER's fee allowed to DESIGNBUILDER for overhead and profit on Change Orders priced by paragraph 10.0l.C.3 shall be determined as follows: 1. A mutually acceptable fixed fee; or 2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under paragraphs 10.02.A.1, A. 2, A.5 and A.6 the DESIGNBUILDER's fee shall be i�percent; b. For costs incurred under paragraph 10.02.A.3 and 10.02.A.4, the DESIGNBUILDER'sfee shall be&} opercent; c. Where one or more tiers of subcon- tracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 10.02.A.1, 10.02.A.2 and 10.02.A.3 is that the Subcontractor who actually performs or fumishes Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor f under paragraphs 10.02.A.1 and 10.02.A.2 and that any higher tier Subcontractor and i DESIGNBUILDER will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. The amount of credit to be allowed by DESIGNBUILDER to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in DESIGNBUILDER's fee by an amount equal to 4&4 percent of such net decrease: and e. When both additions and credits are involved in any one change, the adjustment in DESIGNBUILDER's fee shall be computed on the basis of the net change in accordance with paragraphs 10.02.C.2.athrough 10.02.C.2.d, inclusive. D. Documentation: Wheneverthe cost of any Work is to be determined pursuant to paragraph 10.02.A and 10.02.13, DESIGNBUILDER will establish and maintain records thereof in accordance with generally accepted accounting practices arid submit in a form acceptable to OWNER an itemized cost breakdown together with supporting data. 10.03 Cash Allowances A. The Contract Price includes all allowances so named in the Contract Documents. I. The allowances include the cost to DE- SIGN/BUILDER (less any applicable trade dis- counts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Except as set forth in the Contract Docu- ments, DESIGNBUILDER's costs for unloading and handling on the Site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due DESIGN/BUILDER on account of Work covered by allowances, and the Contract Price shall be corre- spondingly adjusted. 10.04 Unit Prices A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all of Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are K not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by DESIGNBUILDER will be made by OWNER. B. Each unit price will be deemed to include an amount considered by DESIGN/BUILDER to be adequateto cover DESIGNBUILDER'soverhead and profit for each separately identified item. C. DESIGNBUU-DER or OWNER may make a claim for- an adjustment in the Contract Price in accordance with Article 9 if: 1. the quantity of any item of Unit Price Work performed by DESIGNBUILDER differs from the estimated quantity of such item indicated in the Contract Documents by more than the percentage indicated in the Supplementary Conditions; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. DESIGNBUILDER believes that DESIGNBUIL.DER is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes the OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 11--CHANGE OF CONTRACT TIMES 11.01 General "A. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice pursuant to paragraph 9.02. B. All Contract Times and Milestones are of the essence of the Agreement. 11.02 Time Extensions A. Where DESIGNBUILDER is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of DESIGNBUILDER, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in Article 9. Delays beyond the control of DESIGNBUILDER shall include, but not be, limited to, acts or neglect by OWNER, governmental agencies, acts or neglect of utility owners or other contractors performing other construction work as contemplatedby Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of DESIGNBUMDER. B. Nothing in this paragraph.11.02-bars a change in Contract Price pursuant to Article 10 to compensate for the direct costs incurred by DESIGNBUIJ-DER due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or OWNER's Consultants. However, OWNER shall not be liable to DESIGN/BUMDER for costs or damages arising out of or resulting from (i) delays caused by or within the control of DESIGN/BUILDER, or (it) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by governmental agencies, utility owners, or other contractors performing other work as contemplated by Article 7. ARTICLE 12•-TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE O DEFECTIYE CONSTRUCTION 12.01 Notice of Defects 1tA. Prompt written notice of all defective Ubnstruction of which OWNER has actual knowledge will be given to DESIGNBUILDER by OWNER. All defective Construction may be rejected, corrected or accepted as provided in this Article 12. 12.02 Access to Construction A. OWNER, OWNER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Construction at the Site at reasonable times for their observation, inspecting and testing. DESIGNBUILDER shall provide them proper and safe conditions for such access and advise them of DESIGNBUILDER's Site safety procedures and programs so that they may comply therewith as applicable. 12.03 Tests and Inspections A. If the Contract Documents or Laws Regulations of any public body having jurisdiction require any part of the Construction specifically to be inspected, tested or approved, DESIGNBUILDER shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish OWNER the required certificates of inspection or approval. DESIGNBBUILDER shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's acceptance of materials or equipment to be incorporated in the Construction or of i - materials, mix designs, or equipment submitted for approval prior to DESIGNBUILDER's purchase ` thereof for incorporation in the Construction. B. DESIGNBUILDER shall give OWNER reasonable notice of the planned schedule for all required inspections, tests or approvals. C. If any Construction (or the construction work of others) that is required to be inspected, tested or approved is covered by DESIGNBUILDER without written concurrence of OWNER, it must, if requested by OWNER, be uncovered for observation at DESIGN/BUILDER's expense unless DESIGNBUILDER has given OWNER timely notice Of DESIGNBUILDER's intention to cover the same and OWNER has not acted with reasonable promptness in response to such notice. IZ04 Uncovering Construction A. If any Construction is covered contrary to the written request of OWNER, it must, if requested by OWNER, be uncovered for OWNER's observation and recovered at DESIGNBUILDER's expense. B. If OWNER considers it necessary or advisable that covered Construction be observed by OWNER or inspected or tested by others, DESIGN/BUILDER, at OWNER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as OWNER may require, that portion of the Construction in question, furnishing all necessary labor, material and equipment. If it is found that such Construction is defective, DESIGNBUILDER shall pay all costs and damages caused by or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or rework, (including but not limited to all fees and charges of engineers, architects, attc-'vs and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 9. If, however, such Construction is not found to be defective, DESIGNBUILDER shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and rework; and if the parties are unable to agree as to the amount or extent thereof, DESIGNBUILDER may make a claim therefor as provided in Article 9. 12.05 Owner May Stop the Construction 4 A. If the Construction is defective, or DESIGN/BUILDER fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Construction in such a way that the completed Construction will conform to the Contract Documents, OWNER may order DESIGNBUILDER to stop Construction or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop fr;i Construction will not give rise to any duty on the part of OWNER to exercise this right for the benefit of DESIGNBUILDER or any other party. 12.06 Correction or Removal of Defective Construction A. OWNER will have authority to disapprove or reject defective Construction and will have authority to require special inspection or testing of the Construction whether or not the Construction is fabricated, installed or completed. If required by, OWNER, DESIGNBUILDER shall promptly, as directed, either correct all defective Construction, whether or not fabricated, installed or completed, or, if the Construction has been rejected by OWNER remove it from the Site and replace it with nondefective Construction. DESIGNBUILDER shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. 12.07 Correction Period A If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Construction is found to be defective, DESIGNBUILDER shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, (i) correct such defective Construction, or, if it has been rejected by OWNER, remove it from the Site and replace it with Construction that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Construction or the work of others resulting therefrom. If DESIGNBUILDER does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Construction corrected or the rejected Construction removed and replaced, and all costs and damages caused by or resulting from such removal and replacement (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others) will be paid by DESIGNBUILDER. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Construction, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. C. Where defective Construction (and damage to ther Construction resulting therefrom) has been corrected, removed or replaced under this paragraph 12.07, the correction period hereunder with respect to such Construction will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. 12.08 Acceptance of Defective Construction 4 A. If, instead of requiring correction or removal and replacement of defective Construction, OWNER prefers to accept it, OWNER may do so. DESIGNBUILDER shall pay all costs attributable to OWNER's evaluation of and determination to accept such defective Construction (such costs to include but not be limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs). If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Construction; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 9. If the acceptance occurs after final payment, an appropriate amount will be paid by DESIGNBUILDER to OWNER. -4 Albb A If DESIGNBUILDER fails within a reasonable time after written notice from OWNER to correct defective Construction or to remove and replace rejected Construction as required by OWNER in accordance with paragraphs 12.06.A or 12.07.A, or if DESIGNBUILDER fails to perform the Construction 28 12.09 OWNER May Correct Defective Construction in accordance with the Contract Documents, or if ARTICLE 13--PAYMENTS TO DESIGN/BUILDER DESIGNBUILDER fails to comply with any other AND COMPLETION provision of the Contract Documents, OWNER may, after seven days' written notice to DESIGNBUILDER, correct and remedy any such 13.01 Schedule of Values deficiency. In exercisingthe rights and remediesunder this paragraph OWNER shall proceed expeditiously. A. The Schedule of Values established as provided In connection with such corrective and remedial action, in paragraph 2.06.A will serve as the basis for progress OWNER may exclude DESIGNBUILDER from all or payments and will be incorporated into a form of part of the Site, take possession of all or part of the Application for Payment acceptable to OWNER. Construction, and suspend DESIGNBUILDER's Progress payments on account of Unit Price Work will services related thereto, take possession of be based on the number of units completed. DESIGNBUILDER's tools, appliances, construction equipment and machinery at the Site and incorporate 13.02 Application for Progress Pgvment in the Construction all materials and equipment stored at the Site or for which OWNER has paid A. At least twenty days before the date established DESIGNBUILDER but which are stored elsewhere. for each progress payment (but not more often than DESIGNBUILDER shall allow OWNER, OWNER's once a month), DESIGNBUILDER shall submit to representatives, agents and employees, OWNER's OWNER for review an Application for Payment filled other contractors and Consultants access to the Site to out and signed by DESIGNBUILDER covering the enable OWNER to exercise the rights and remedies Work completed as of the date of the Application and under this paragraph. All costs and damages incurred accompanied by such supporting documentation as is or sustained by OWNER in exercising such rights and required by the Contract Documents. If payment is remedies will be charged against DESIGNBUILDER requested on the basis of materials and equipment not and a Change Order will be issued incorporating the incorporated in the Work but delivered and suitably necessary revisions in the Contract Documents and stored at the Site or at another location agreed to in OWNER shall be entitled to an appropriate decrease writing, the Application for Payment shall also be in the Contract Price, and, if the parties are unable to accompanied by a bill of sale, invoice or other agree as to the amount thereof, OWNER may make a documentation warranting that OWNER has received claim therefor as provided in Article 9. Such costs and the materials and equipment free and clear of all Liens damages will include but not be limited to all fees and and evidence that the materials and equipment are charges of engineers, architects, attorneys and other Adbpcovered by appropriate property insurance and other professionals, all court or arbitration or other di sput arrangements to protect OWNER's interest therein, all resolution costs and all costs of repair or replacementft of which will be satisfactory to OWNER. The amount of work of others destroyed or damaged by correction, of retainage with respect to progress payments will be removal. or replacement of DESIGNBUILDER's as stipulated in the Agreement. defective Construction. DESIGNBUILDER shall not be allowed an extension of the Contract Times (or 13.03 DESIGN/BUILDER'S Warranty of Tule ..Milestones) because of any delay in the erformance of P the Construction attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. A. DESIGNBUILDER warrants and guarantees that title to all construction materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. This paragraph 13.03.A does not apply to any documents covered by paragraph 3.04.A. 29 13.04 Progress Payments 4,0 A. Progress payments shall be made by the OWNER to the DESIGNBUILDER according to the following procedure: 1. OWNER will, within ten days of receipt of each Application for Payment, either indicate in writing its acceptance of the Application and state that the Application is being processed for payment, or return the Application to DESIGNBUILDER indicating in writing its reasons for refusing to accept the Application. Not more than ten days after accepting such Application the amount will become due and when due will be paid by OWNER to DESIGNBUILDER. 2. If the OWNER should fail to pay the DESIGNBUILDER at the time the payment of any amount becomes due, then DESIGNBUILDER may, at any time thereafter, upon serving written notice that he will stop the Work within seven days after receipt of the notice by the OWNER, and after such seven day period, stop the Work until payment of the amount owing has been received. Written notice shall be deemed to have been duly served if sent by certified mail to the last known business address of the OWNER. 3. Payments due but unpaid shall bear interest at the rate specified in the Agreement. 4. No Progress Payment nor any partial or entire use or occupancy of the Project by the OWNER shall constitute an acceptance of any Work not in accordance with the Contract Documents. B. OWNER may refuse to make the whole or any part of any such payment, or because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any previous payment, to the extent that is reasonably necessary to protect OWNER from loss because: 1. The Work is defective, or completed Work has been damaged requiring correction or replacement; or 30 2. The Contract Price has been reduced by Written Amendment or Change Order; or 3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 12.09.A, or 4. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.02.AA through A3 inclusive; or 5. Claims have been made against OWNER on account of DESIGNBUILDER'sperformance or furnishing of the Work; or 6. Liens have been filed in connection with the Work, except where DESIGNBUILDER has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens•, or 7. There are other items entitling OWNER to a set off against the amount for which application is made. 13.05 Substantial Completion tl When DESIGNBUILDER considers the Construction ready for its intended use DESIGNBUILDER shall notify OWNER in writing that the Construction is substantially complete (except for items specifically listed by DESIGNBUILDER as incomplete) and request that OWNER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER and DESIGNBUILDER shall make an inspection of the Construction to determine the status of completion. If OWNER does not consider the Construction substantially complete, OWNER will notify DESIGNBUILDER in writing giving the reasons therefor. If OWNER considers the Construction substantially complete, OWNER will prepare and deliver to DESIGNBUILDER a certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a list of items to be completed or corrected before final payment. At the time of delivery of the certificate of Substantial Completion OWNER will deliver to DESIGNBUILDER a written determination as to division of responsibilities pending final payment between OWNER and DESIGNBUILDER with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. B. OWNER will have the right to exclude DESIGN/BUILDER from the Site after the date of Substantial Completion, but OWNER will allow DESIGNBUILDER reasonable access to complete or correct items on the list of items to be completed. 13.06 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Construction which (i) has specifically been identified in the Contract Documents, or (ii) OWNER and DESIGNBUILDER agree constitute a separately functioning and usable part of the Construction that can be used by OWNER for its intended purpose without significant interference with DESIGNBUILDER's performance of the remainder of the Construction, may be accomplished prior to Substantial Completion of all the Construction subject to the following: I. OWNER at any time may request DESIGNBUILDER in writing to permit OWNER to use any such part of the Construction which OWNER believes to be ready for its intended use and substantially complete. If DESIGNBUILDER agrees that such part of the Construction is substantially complete, DESIGNBUILDER will certify to OWNER that such part of the Construction is substantially complete and request OWNER to issue a certificate of Substantial Completion for that part of the Construction DESIGNBUILDER at any time may notify OWNER in writing that DESIGNBUILDER considers any such part of the Construction ready for its intended use and substantially complete and request OWNER to issue a certificate of Substantial Completion for that part of the Construction. Within a reasonable time after either such request, OWNER and DESIGNBUILDER shall make an inspection of that part of the Construction to determine its status of completion. If OWNER does not consider that part of the 31 Construction to be substan tially complete, OWNER will notify DESIGNBUILDER in writing giving the reasons therefor. If OWNER considers that part of the Construction to be substantially complete, the provisions of paragraph 13.05 will apply with respect to certification of Substantial Completion of that part of the Construction and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Construction will be accomplished prior to compliance with the requirements of paragraph 5.08 in respect of property insurance. 13.07 Final Inspection A. Upon written notice from DESIGNBUILDER that the entire Construction or an agreed portion thereof is complete, OWNER will make a final inspection with DESIGNBUILDER and will notify DESIGNBUILDER in writing of all particulars in which this inspection reveals that the Construction is incomplete or defective. DESIGNBUILDER shall immediately take such measures as are necessary to complete such Construction or remedy such deficiencies. 13.08 Final Application for Payment A. After DESIGNBUILDER has completed all such corrections to the satisfaction of OWNER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.09.13, certificates of inspection, marked -up record documents (as provided in paragraph 6.11) and other documents, DESIGNBUILDER may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (unless previously delivered) by. (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.02.B.7, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, DESIGNBUILDER may furnish receipts or releases in full and an affidavit of DESIGNBUILDER that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, DESIGNBUILDER may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. 13.09 Final Payment and Acceptance YJ A. If OWNER is satisfied that the Work has been completed and DESIGNBUIL.DER'sother obligations under the Contract Documents have been fulfilled, OWNER will, within ten days after receipt of the final Application for Payment, give written notice to DESIGNBBUILDER that the Work is: acceptable. Otherwise, OWNER will return the Application to DESIGNBUILDER, indicating in writing the reasons for refusing to process final payment, in which case DESIGNBBUILDER shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the acceptable Application and accompanying documentation, in appropriate form and substance and with OWNER's notice of acceptability, the amount will become due and will be paid by OWNER to DESIGNBUMDER. B. If, through no fault of DESIGN/BUILDER, final completion of the Work is significantly delayed, OWNER shall, upon receipt of DESIGNBUILDER's final Application for Payment, and without terminating the Agreement, make payment of the balance due for thatportion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.0l.A, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by W DESIGNBUILDER to OWNER with the Application for such payment. Such payment shall be made under the tercets and conditions governing final payment, except that it shall not constitute a waiver of claims. 13.10 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. A waiver of all claims by OWNER against DESIGNBUILDER, except claims arising from unsettled Liens, from defective Construction appearing after final inspection pursuant to paragraph 13.07, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from D ESIGN/BUILDER'scoutinuing obligationsunder the Contract Documents; and 2. A waiver of all claims by DESIGNBUILDER against OWNER other than those previously made in writing and still unsettled. ARTICLE 14--SUSPENSION OF WORK AND TERMINATION 14.01 Owner May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 days by notice in writing to DESIGNBBUILDER which will fix the date on which Work will be resumed. DESIGNBUILDER shall resume the Work on the date so fixed. DESIGNBUILDER shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if DESIGNBBUILDER makes a claim therefor as provided in Article 9. 14.02 Owner May Terminate for Cause .40 A. The occurrence of any one or more of the following events justifies termination for cause: I. DESIGNBUILDER persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.06.A as revised from time to time. 2. DESIGNBUIL'DER disregards Laws or Regulations of any public body having jurisdiction. 3. DESIGNBUILDER otherwise violates in any substantial way any provisions of the Contract Documents. tB. OWNER may, after giving DESIGNBUILDER (and the surety, if any) seven ays' written notice and to the extent permitted by Laws and Regulations, terminate the services of DESIGNBUILDER, exclude DESIGNBUILDER from the Site and take possession of the Work and of all DESIGNBUILDER's tools, appliances, construction equipment and machinery at the Site and use the same to the full extent they could be used by DESIGN/BUILDER (without liability to DESIGN/BUILDER for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid DESIGNBUILDER but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case DESIGNBUILDER shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work (including but not limited to all fees and charges of engineers, architects, attorneys and other Professionals and all court or arbitration or other dispute resolution costs) such excess will be paid to DESIGNBUILDER. If such costs, losses and damages exceed such unpaid balance, DESIGN/BUILDER shall pay the difference to OWNER. Such costs, losses and damages incurred by OWNER will be incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be requiredto obtain the lowest price for the Work performed. C. Where DESIGNBUILDER'sserviceshave been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against DESIGNBUILDER then existing or which may thereafter accrue. Any retention or payment of moneys due DESIGNBUILDER by OWNER will not release DESIGNBUILDER from liability. 14.03 Owner May Terminate for Convenience A. Upon seven days' written notice to DESIGNBUILDER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, DESIGNBUILDER shall be paid (without duplication of any items) foi. 1. Completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. Expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; tti�S+t�a . and o 'chiding but not limited t es and charges of engine hite orneysandother professionals and urt itration or other dispute tou costs incurred in co n with 4. Reasonable expenses directly attributableto termination. B. DESIGNBUILDER shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 33 14.04 DESIGN/BUILDER May Stop Work or Terminate A. If, through no act or fault of DESIGNBUILDER, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or OWNER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay DESIGNBUILDER any sum finally determined to be due, then DESIGNBUILDER may, upon seven days' written notice to OWNER, and provided OWNER does not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 14.03.A. In lieu of terminating the Agreement and without prejudice to any other right or remedy, or OWNER has failed for thirty days to pay DESIGNBUILDER any sum finally determined to be due, DESIGNBUILDER may upon seven day's written notice to OWNER stop the Work until payment is made of all such amounts due DESIGNBUILDER, including interest thereon. The provisions of this paragraph 14.04.A are not intended to preclude DESIGNBUILDER from making claim under Article 9 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to DESIGNBUILDER's stopping Work as permitted by this paragraph. ARTICLE 15--DISPUTE RESOLUTION If and to the extent that OWNER and DESIGNBUILDER have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, OWNER and DESIGNBUILDER may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. 34 ARTICLE 16--MISCELLANEOUS 16.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given. 1. If delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; 2. If delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice; or 3. If transmitted by facsimile, the time at which a machine generated confirmation states the notice was received at the facsimile telephone number of the intended recipient last known by the sender. 16.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. B. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. 16.03 Notice of Claim A Should OWNER or DESIGNBUILDER suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 16.03.A shall not be construed as a substitute for or a waiver of the