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Home My WebLink About108811 NEENAN CO - CONTRACT - RFP - P812 SECOND SHEET OF ICE AT EPICAGREEMENT SECTION 00600 BONDS AND CERTIFICATES 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 The Neenan ComDanv Second Sheet of Ice at EPIC 11/29/2001 Ision Description Takeoff Quantity Total CosVUnit Total Amount 'Paint - Ext Concrete 32.302.00 sqft 0.24 /sqft7,790! I Paint - Interior 32,302.00 1.24 40,000 Paint - DoorNVindow _ 32.302.00 sqft _. _ 0.04 /sqft _ 1.248 Stain Door 32,302.00 sqft 0.03 (sqft 9801 100 Specialties — 'Compartments/Cubicles 32302.00 sqft 0.10 /sqft 3.300 .Interior Signage__ 32 302.00 sgft _ /sqft 7201 __ Lockers - Metal _ 32 302.00 sqft _0.02 0.06 /sqft _ 1 800 Fire Protection Specialties----------- _32,302.00 32,302.00 sqft _ 0.01 /sgft __425i Toilet Accessories 32,302.00 sqft 0.97 /sqft 31.350 110',Equipment - .. __.__ __ - _iAthletic Equipment- _ 32 302.00 sgft - 13.25 /sqft ._ _ 428,000 131':Fire Protection :Fire Sprinkler System _ 32,302.00 sqft 1.09 /sqft 35,233_ 150_Mechanical . - - - -- IHVACS_stem_ __, _32,302.00s Y 9 ft __6.36/s-fti. q - 205,481 — --- PLumbing System 32,302.00 sqft 3.59 /sqft 116,000 1 W Electrical Electrical System -. 32.302.00 soft 6.16 /sqft 199,000 Section 5.2.9.1-Page 4 :The Neenan Company Second Sheet of Ice at EPIC 11/29/01 Sub Plan Check Fee Plan Check Fee Building Permit Performance Bond Gen Liab Ins Bldrs Risk Ins Constr Cont. Preconstruction Systems Commissioning Reimbursables Allowance Interior Design Civil Engineering TNC Planning/Landscape Design Traffic Study Structural Engineering Architectural Design Low E Ceiling Flourescent Lighting Bleacher Allowance OH&P Estimate Totals 2,724.262 2,724,262 2,440 7.209 1 mi 20,740 2.745,002 26,479 26.479 2,771,481 23,526 1,344 24.870 2,796,351 98,905 19,956 1181861 2,915,212 24,000 13,000 9,150 20,000 13,000 5,000 16,500 132,770 233.420 3,148,632 31,000 2,211 26,650 59,861 3,208,493 152,403 Total 3,360,896 22.000 65.000 0,330 0.700 % 0.040 r 2.943 0.594 i 3.950 °o 4.750 104.046 Section 5.2.9.1 - Page 5 1 Name Duration City of Fort Collins Notice to Proceed 1 day 2/16/02 2/18/02 I . NEENAN PROPOSED DESIGN AND PERMITTING PHASE 101 days 2/18/02 7/11102 General Design Criteria 26 days 2118102 312=2 Core and Shell Space Coordination 37 days 2118/02 419/02 Foundation Coordination (elev 100) 23 days 2/10/02 3121102 Site Coordination 23 days 2/19102 3/21/02 Structure Coordination 26 days 2119Po2 3126102 Skin Coordination 31 days 314102 4/16102 PLANNING/ENGINEERING APPROVAL PROCESS 80 days 3/6102 $126Po2 BUILDING PERMIT PACKAGE 10 days 4118Po2 4I29Po2 BUILDING DEPARTMENT PROCESS 60 days 4130/02 7/11/02 NEENAN PROPOSED CONSTRUC71ON PHASE 148 days 711/02 213103 Pre -Construction Activities 11 days 711IO2 7/17102 Site / Exterior Building 84 days 7112102 11/7/02 Foundations 36 days 7126102 9/13/02 Structure 43 days 8119/02 10117102 MOD 1 - Interior tat Floor 64 days 9/6Po2 J216/02 MOD 3 - Ice Sheet and Ice Equipment Room 96 days 9116102 213103 MOD 2 - Interior 2nd Floor 47 days 10/3IO2 12/10/02 NEENAN PROPOSED GO (Sharpen the Skateslll) 0 days 213/03 2i3/03 Ft: Contract Schedule 0. 2127/02 Epic Ice Rink Addition Fort Collins, Colorado Milestone Rolled Up Critical Task >i i S>i<r<[i [ -i [ Split . . ........... . Task ::::::::::� :.:> - External Tasks . . Critical Task :€ Summary ^ Rolled Up Milestone Q ' Progress Rolled Up Task Rolled Up Progress Proles Summary WOMOMW Group By Summary WMMNMMW Ed SECTi0Di 0 0 6 ' 0 PERFORMANCE 33ND Bond No.103349728 KNOW ALL MEN BY THESE PRESENTS: that (Firm) THE NEENAN COMPANY (Address) 2620 E. PROSPECT ROAD, FORT COLLINS, CO 80525 , (a Corporation), hereinafter referred to as the "Principal" and (Firm) TRAVELERS CASUALTY AND SURETY COMPANY OF AMEUGA (Address) ONE TOWER SQUARE HARTFORD CT 06183-6014 hereinafter referred to as "the Surety", are held and firmly bound unto 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 ** 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. **THREE MILLION THREE HDNDRED SI%TY THODSAND EIGHT HONORED NINETY SIX AND NO/100--($3,360,896.00) THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 15TH day of FEBRUARY , 2002, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, EDORA POOL ICE CENTER (EPIC) - ADDITION - RFP #P-812 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 00610 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 each one of which shall MARCH , 2002. IN PRESENCE OF: (Corporate Seal) IN PRESENCE OF: instrument is executed in four (4) counterparts, be deemed an original, this 6TH day of _ Prin ip 1 THE C MPANY BY: V-� (Title) 2620 E. PROSPECT ROAD, FORT COIJINS, CO 80525 (Address) Other Partners By: By: Surety TRA`�AN/1�y,/,S� - �ALCY�DRETY C� AMERICA B ,4NA. FECA�ESTAV; W1 rUKNKY(—FACT ONE TOWER SODARE, HARTFORD, CT 06183-6014 (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. LOCKTON 7/96 LOCKTONCOMRAMES Section 00610 Page 2 Post Office Box 469000 / Dem eS CO 80246.9000 (303) 753-2000/fax: (303) 753.2099 SECTION 00615 PAYMENT BOND Bond No. 103349728 KNOW ALL MEN BY THESE PRESENTS: that (Firm) THE NEENAN COMPANY (Address) 2620 E. PROSPECT ROAD, FORT COLLINS, CO 80525 ( , (a Corporation), hereinafter referred to as the "Principal" and (Firm) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Address) ONE TOWER SQUARE HARTFORD CT 06183-6014 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 ** 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. **THREE MILLION THREE HUNDRED SIXTY THOUSAND EIGHT HUNDRED NINETY SIX AND NO/100—(;3,360,896.00) THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 15TH day of FEBRUARY , 2002, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, EDORA POOL ICE CENTER (EPIC) - ADDITION - RFP #P-812 NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in 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 otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00615 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 each one of which shall MARCH , 2002. IN PRESENCE OF: (Corporate Seal) IN PRESENCE OF: instrument is executed in four (4) counterparts, be deemed an original, this 6TH day of _ Prin ip l THE By: Title) 2620 E. PROSPECT ROAD FORT COLLINS, CO 80525 (Address) Other Partners IN ?PRESENCE OF SURETY 'h1rl" A. TOWER SQUARE, HARTFORD, CT 06183-6014 ,dam (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. ezm qMP LOCIRON LOCKTON CbMPANILS 7/96 Past Office Box 469000,Denvec,CO80246.9000 Section 00615 Page 2 (303) 753.2000IFix: (303) 753.2099 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: William M. O'Connell, Jr., Brad C. Gibson, Debbie Poppe, Shelley Czajkowski, Celeste T. Moore -Helms, Debbie A. Haslam, Karen A. Feggestad, Garry L. Wesselink, of Denver, Colorado, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers'or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 8th day of November 2001. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD .. Yw ,.�SY Ah0 GASU,f L NARifDFA� � a NARTFORD, < 2 1 9 8 2 O TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY �i"ri`" LIr George W. Thompson Senior Vice President On this 8th day of November, 2001 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. � TEl *LOOS My commission expires June 30, 2006 Notary Public C'Si' Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 6TH day of MARCH , 2002. xYWxµ 'L(Y ANp rjASU.,f r.��\1roSWffY� 'J s� r.�ypv�� ry a NAifrFOflD, � O 1 9 8 2 O By KoriM.Johanson Assistant Secretary, Bond CONTRACTOR Insurance. 7/96 Page 1 SECTION 00630 CERTIFICATE OF INSURANCE shall insert his own standard form for Certificate of Section 00630 aCORD CERTIFICATE OF LIABILITY INSURANCFE OP ID Z ECO01 DATE IMWDDm) 03/06/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lockton Companies of Colorado 4500 Cherry Creek Dr. S., #400 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE - -Ever CO 80246-1532 .Dne:303-753-2000 Fax:303-753-2099 INSURED INSURER A. ST. PAUL FIRE, MARINE INS. CO INSURER B: NATIONAL UNION FIRE INSURER C. Pinnacol Assurance The Neenan CompanKLLLP M5 2620 E. Prospect Rd. #100 Fort Collins CO 80525 INSURER D' INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MWDDm POLICY EXPIRATION DATE MWDDm LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FX] OCCUR XK08301734 01/01/02 01/01/03 EACH OCCURRENCE $11000,000 FIRE DAMAGE (Any one fire) $100,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY X PRO- LOC ECT PRODUCTS -COMPIOP AGG $ 2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OW NED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS RK08301734 01/01/02 01/01/03 COMBINED SINGLE LIMIT (Ea axident) $ 1, 000, 000 X BODILY INJURY (Per person) $ X BODILY INJURY (Peraccident) $ X PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY ANY AUTO r AUTOONLY-EAACCIDENT S OTHERTHAN EA ACC AUTO ONLY: AGO $ $ $ EXCESS LIABILITY X OCCUR F]CLAIMS MADE DEDUCTIBLE RETENTION $ BE1390571 01/01/02 01/01/03 EACH OCCURRENCE 55,000,000 AGGREGATE $5,000,000 S $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 4025258 COLORADO ONLY 01/01/02 01/01/03 IAIU X TORV LIMITS ER E.L. EACH ACCIDENT $100,000 E.L. DISEASE- EA EMPLOYEE$ 100, D 00 E.L. DISEASE -POLICY LIMIT I S500, 000 A OTHER Blanket Building Coverage CK08308052 01/01/02 01/01/03 Limit $4,635,000 I Ded. $1,000 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: Edora Pool Ice Center (EPIC) Project. City of Fort Collins, their respective officers and employees are included as Additional Insureds. CERTIFICATE HOLDER Y I ADDRK)NAL INSURED; INSURER LETTER: _ CANCELLATION CITF006 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fort Collins Box 580 Fort Collins CO 80522 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL IMPOSE NO OBLIGATION OR LIABILFTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR (7197) 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. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially 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 7/96 Section 00635 Page 1 AGREEMENT THIS AGREEMENT is dated of the 15a' day of February, 2002 by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter called OWNER) and The Neenan Company, a Colorado Corporation (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 DESIGNBUILDER shall complete all Work as specified or indicated in the Owner- Design/Builder Contract Documents. The Work is generally described as follows: design and construction of a second sheet of ice at EPIC. Article 2. THE PROJECT 2.01 The design and construction of an approximately 32,302 square foot addition to the Edora Pool Ice Center (EPIC) to house a full size ice arena and associated facilities and equipment as depicted in the DESIGN/BBUILDER'S response to RFP P-812. Article 3. CONTRACT TIMES 3.01 Days to Achieve Substantial Completion and Final Payment The Work will be substantially completed within 249 work days after the date when the Contract Times commence to run as provided in paragraph 2.02.A of the General Conditions and completed and ready for final payment in accordance with paragraph 13.09 of the General Conditions within 284 work days after the date when the Contract Times commence to run. 3.02 Liquidated Damages A. DESIGNBUILDER and OWNER recognize that time is of the essence 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) DESIGNBUILDER shall pay OWNER Two Thousand Dollars ($2,000.00) for each day that expires after the time specified in paragraph 3.01. SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE , 20 TO: Gentlemen: You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by _ for the City of Fort Collins project, A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) fa.�r59 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, 7/96 Section 00650 Page 1 including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above 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 COUNTY OF LARIMER day of CONTRACTOR By: Title: Subscribed and sworn to before me this 20 , by Witness my hand and official seal. My Commission Expires: 20 day of 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 on bond of (Surety hereby approves of the Final 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 day of (Surety Company) 0 ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)- in-Fact. 7/96 Section 00660 Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE Insert State certificate here. 7/96 Section 00635 Page 0 DR 0172 (12198) COLORADO DEPARTMENT OF REVENUE D l L ENVER C080261 CONTRACTOR APPLICATION 303) 232-241 B FOR EXEMPTION CERTIFICATE PursuanttoStatute Section 39-2 J. .11 I Y(l )(a)(M) DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt projectdescribed below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become a part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Anyunauthorized use of the exemption certificate will result in revocation of your exemption certificate and otherpenalties provided 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.) FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. RogWmtiordAcoount No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - Trade name/DB Owner, partner, or corporate name. Mailing address (City, State, Zip): - Dontact Person E-Mail address: Federal Employefs Identification Number: Bid amount for your contract Fax number. Business telephone number: Colorado withholding tax account number: 1=.�,.: PI .. ...c irg i ed_ el?d'(21#:. RIt19 9. rfcoti Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: , A -'An�yty}�' f�� l � 5 £.dt�'+'er`' �'•` �.: I^,iW `• 1' § nYf:. S ifj i�t 4 3 5afll .,. y':.: `�.�Y s .. � �d.X��,iYt �=.M" f V'E..Et .�b / . A3. 1 k, 1 declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGN/BUILDER TABLE OF CONTENTS ARTICLE 1--11EFINPageIIT ONS 1.01 .................... DefinedTerms ........ ........................................ ARTICLE 2-.PRELIA]NARY MATTERS ................. 2.01 Delivery of Bonds ............. 2.02 2.03 ............. . Commencement of Contract Times; Notice to Proce............ Starting the Work ed ..........• • • • • 2.04 .......... .......................... Before Starting Construction 2.05 Initial Conference - 2.06 .Sc......... . Initially Acceptable hedules ............ . . . . ARTICLE 3-CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ..................... Intent................ 33.01 .02 . References ...................... ............. 3.03 3•04 . Amending and Supplementing Contract Documents . . . . . . . . ' • Reuse of Documents ....:. " " " " ... • • • • • . • • • • ............. ............ ............. ARTICLE 4-AVAILABILTIZ• OF LANDS; DIFFERING SITE CONDITIONS; REFERENCE POINTS; HAZARDOUS CONDITIONS 4.01 ........ . ........................... Availability of Lands 4.02 ............... Differing Site Conditions . . . • ' . ' ' ' ' ' ' • ' • • • • • • • • • • . 4.03 ................................. Reference Points 4.04 Hazardous Conditions ons......... ......... I............................. _ ARTICLE 5--BONDS AND INSURANCE 5.01 5.02 ............ . Performance, Pa " ........• • • • • Payment Other Bonds 5.03 ........................ DESIGN/BUII-DER's Liability Insurance 5.04 ............................ . OWNER's Liability Insurance ..................... Property Insurance . 5.05 ......, Waiver of Rights .............. " " " ' ............ 5.06 Receipt and Application of Proceeds 5.07 5.08 Acceptance of Bonds and Insurance; Option to Replace ................. Partial Utilization-Property Insurance5.09 Licensed Sureties and Insurers; Certificates of Insurance .............. . ARTICLE 6-• DESIGNBUH,DER'SRESPONSIBII,TI7ES..,,,,,••,..•••.•_•..••••••,...•.•' 6.01 Design Professional Services 6.02 6.03 . , , , , • . Supervision and Superintendence of Construction Labor, Materials and Equipment 6.04 Progress Schedule :........... 6.05 6.06 . Concerning Subcontractors, Suppliers and Others ...... . Patent Fees and Royalties 6.07 ....................................... Permits ............... 6.08 . .. . . ............... Laws and Regulations .......... 6.09 Taxes ............ 6.10 Use of Site and Other Areas " " " " " • . • 6.11 Record Documents ......... .................................... i 1 1 4 4 4 4 S 5 5 I 7 7 7 8 8 9 9 9 10 10 11 12 12 12 12 13 13 14 14 14 15 15 16. 16 16 16 17 6.12 Safety and Protection .......................................... 17 6.13 Safety Representative ........................................... 6.14 Hazard Communication Programs 17 6.15 .................................. Emergencies .......................... 17 6.16 .............. .......... Submittals 17 6.17 ................................................... Continuing the Work 18 6.18 ........................................... DESIGNBUILDER's General Warranty and Guarantee ................ 18 18 6.19 Indemnification .............................................. 19 ARTICLE 7--OTHER CONSTRUCTION 7.01 ............................................... Related Construction at Site 19 7.02 ...................................... Coordination 19 ................................................. 20 ARTICLE 8--OWNER'S RESPONSIBILITIES , , , , , , , , , , , , , , • • • . , , • • • • ................. .01 General 20 .............:....... 8.02 Scope of OWNER's Safety and Hazardous Waste Responsibilities 20 21 8.03 Resident Project Representation ................................... 21 ARTICLE 9--CHANGES IN THE WORM, CLAIMS ....................................... 9.01 General --Rights and Obligations ................................... 21 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 ........................................: 10.01 General 22 ..................................................... 10.02 Cost of the Work .. , ...... . 22 10.03 Cash Allowances ............................................... 25 10.04 Unit Prices ................................................... 25 ARTICLE 11--CHANGE OF CONTRACT TIMES ...................................... 11.01 General 26 ..................................................... 11.02 Time Extensions ............................................... 26 26 ARTICLE 12-TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION .............................................. 12.01 Notice of Defects .............................................. 26 26 12.02 Access to Construction ...........:............................... 27 12.03 Tests and Inspections ........................................... 12.04 Uncovering Construction ........................................ 27 27 12.05 Owner May Stop the Construction ................................. 12.07 Correction or Removal of Defective Construction 27 ...................... 12.07 Correction Period .............................................. 28 28 12.08 Acceptance of Defective Construction ........ I ......... I ....... 28 I .... 12.09 OWNER May Correct Defective Construction ............. I .......... 28 ii _ ARTICLE 13--PAYMENTS TO DESIGN/BUH,DERAND 13.01 COMPLETION . Schedule of Values ..................... 13.02 13.03 ..... , , Application for Progress Payment .... DESIGNB.............................. 13.04 Warranty of Title ..... , • , . Progress Payments ................... 13.05 , , , Substantial Completion ........... ............... .06 .......... . Partial Utilisation ..................... 13.07 .......... . Final Inspection ' • " " . * .... • . • • • • • . OS 13.10 ..........................:. Final Application for Payment .................. Final Payment and Acceptance 13.10 .... •' ............ Waiver of Claims ' ' ' ' ' ' ' ' ............... ARTICLE 14--SUSPENSION OF WORK AND TERMINATION( 14.01 , ' Owner May Suspend Work 14.02 14.03 Owner May Terminate for Cause . . . . ' ............. ................. • Owner May Terminate 14.04 for Con n DESIGN/BUILDER May • • StopveWork • • ..... ' ' ' ' ' ' or Terminate . ARTICLEI5-- ................... DISPUTE RES ARTICLE 16--MISCEOLUTION ............................................... LLANEOUS 16.01 ............. Giving Notice ..... � � � � � � � � " .................... 16.02 Computation of Times .................. 16.03 Notice of Claim .. . ..................... • ........ . ........... 16.04 Cumulative Remedies . ... ... ................................... . .... 16.05 Survival of Obligations ...... . ............................... E 1BIT GC -A to GENERAL CONDITIONS DESIGNBUILDER DATED OF THE AGREEMENT BETWEEN OWNER AND 15.01 Dispute Resolutiontion Agreement .. ' ' ' ' ' ' • • . .......................... iii 29 29 29 29 30 30 31 31 31 32 32 32 32 32 33 34 34 34 34 34 34 35 35 36 36 Article 4. CONTRACT PRICE 4.01 OWNER shall pay DESIGN/BUILDER 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 WORK 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. DESIGN/BUILDER'S FEE 6.01 The DESIGNBUILDER's Fee shall be determined as follows: A. A fixed fee of $ N/A 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. C. DESIGN/BUILDER guarantees that the maximum amount payable by OWNER in accordance with this paragraph 6.01 as a percentage fee will not exceed $ N/A 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 Three Million, Three Hundred Sixty Thousand, Eight Hundred Ninety-six Dollars ($3,360,896) (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 DESIGN/BUILDER'S Fee shall be less than the GMP, 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%) of the Savings; B. DESIGNBUILDER shall be entitled to Twenty-five percent (25%) of the Savings, at the time of Final Payment. C. Except all savings from the Bleacher Allowance will be credited 100% to the OWNER. 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 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 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 DESIGN/BUILDER'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 increase 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 DESIGN/BUILDER'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 9.0l.A.1 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). For Cost of Work: Progress payments on account of the Cost of the Work will be made as follows: 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 13.04.13 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. (2) 90 percent of (with the balance being retainage) of the cost of '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 6.05 Concerning subcontractors, Suppliersand Others A. DESIGNBUILDER 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. DESIGN/BUILDER 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 or 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. DESIGNBUILDER shall be solely 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 tmaterial and equipment supplied DESIGN/BUILDER by a Subcontractor or Supplietor 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. are an or al insured on the property insurance ' ed in para h 5.04pro .A or 5.04.B, the agreemen etween the DESI UILDER and the S ontractor, Engineer or Su ier will contain p tsions whereby the Subcontractor, gineer o upplier waives all right against OW DESIGNBUILDER, OWNER's Consultant a all other additional insureds for all I and dam s caused by, any of the perils or ca s of loss covered b ch policies and any other perty insurance applicable the. Work. If the ' urers on any such policies require arate war forms to be signed by any Subcontr or, 4414 caa, 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 theperformance 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. 6.08 Laws and Regulations A. DESIGNBUILDER 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. 6.09 Tares 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 premiseswith construction equipment or other materials or equipment. DESIGNBUILDER 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 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 indemnified hereunder to the extent caused by or based upon DESIG UILDER's performance of the Construction. 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. 16 i 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 Work, these record documents and Submittals, including a reproducible set of record drawings, will be delivered to OWNER. 6.12 Safery 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 in 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 DESIGNBUILDER in accordance with paragraph 13.09 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.13 Safety Representarive 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 maintainingand supervising of 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 or loss. DESIGNBUILDER shall give OWNER prompt written notice if DESIGNBUILDER believes 10 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 requiredby 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 (exceptwhere 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. DESIGNBUILDER shall make corrections required by OWNER, and shall return the required number of corrected copies of the required Submittal for review and approval. DESIGNBUILDER 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 ,Submiazds 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. C. Where a Submittal is required by the Contract Documents or the final schedule of Submittals accepted by OWNER as required by paragraph 2.06.A, 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 eA. DESIGNBUILDER warrants 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: 1. Abuse, modification or improper Dmaintenance or operation by persons other than ESIGN/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: L Observations by OWNER; 2. The making of any progress or final pay- ment; 18 3. The issuance of a certificate of Substan[ia 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; 6. Any review and approval of a Submittal; or 7. Any inspection, test or approval by others; 8• Any correction of defective Construction by OWNER. 6.19 Indemnification A. DESIGNBUILDER shall indemnify and hold armless OWNER, OWNER's officers, directors, employees, agents and consultants from and against all '1 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, sick disease or death, or to ness, 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. S. In any and all aaims 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 DESIGN/BUILDER, 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 under paragraph 6.19.A 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 DESIGNBUILDER under paragraph 6.19 shall not extend to the liability of OWNER's Consultants, officers, directors, employees or agents arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, designs, or specifications. ARTICLE 7-OTHER CONSTRUCTION Z01 Related Construction at Site 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) DESIGN/BUILDER 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. 13. 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 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 severalparts come together properly and integratewith 191 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. Ile 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 D'p'SIGNBUILDER's Work depends upon work performed or services provided by others under this Article 7, DESIGNIBUILDER shall inspect such other work and appropriate instruments of service and promptly repor[.,t. OWNER in writing any delays, defectsSr 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 DESIGNBUILDER'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. B. Unless otherwise provided in the 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 DESIGNBUILDER. 1. Designate in writing a person to act as OWNER's Representative with respect to the services to be rendered under this Agreement. 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. funds area cost of the deuce is ft required to to DESIGNBUILDER, that and committeesthe entire reasonable evi- ILDER is not !yam Work, or n mtence or cot evidence is not 4. Make payments to DESIGNBUILDER promptly when they are due as provided in para- graph 13.04 and 13.09. 5. Furnish lands and easements as set forth in paragraph 4.0I.A. 6. Furnish to DESIGNBUILDER, as re- quired for performance of DESIGNBUILDER's Services the following, all of which DESIGNBUILDER may use and rely upon in performing services under this Agreement: 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 DESIGN/BUILDER 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 13.04.13 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 DESIGN/BUILDER on account of that fee to 95 percent of the DESIGN/BUILDER'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. DESIGN/BUILDER makes the following representations: 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 12.01.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 subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site which have been made available by OWNER. rd 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.A. 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 Waste Responsibilities supervise,A- The OWNER shall not or have control oor authority overr nor beesdirect 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 DESIGNBUILDER to comply with haws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for DESIGNBUILDER's failure to perform or furnish the Work in accordance with the Contract Documents. Gigged e . 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 FORK; CLAIMS 9.01 General--Righrs and Obligations A. WithoutinvalidatingtheAgreement 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, DESIGN/BUIL DER shallpromptlyproceed 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 9.01.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 party 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 exercises such rights within 30 days of giving the notice of intent. 9.05 Time 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 n.struction as provided in paragraph 12.04. 9.117 Execution of Change Orders A. OWNER and DESIGNBUILDER shall execute appropriate Change Orders or Written Amendments covering. 1.1'; .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. 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 DESIGNBUILDER's responsibili- ty, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 10--CHANGE OF CONTRACT PRICE 10.01 General A. The Contract Price constitutes the total com- pensation (subject to authorized adjustments) payable to DESIGNBBUILDER for perforating the Work. � 1, 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 party 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: I. 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- ly 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 22 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 DESIGNBUILDER 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 in items and shall not include any of the costs itemized in paragraph 10.02.B: I. 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 �� 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 t� benefits, ibe applicable thereto. The expenses of 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 eng neers and engineering technicians provid- ing Design Professional Services. For purposes of this paragraph 10.02.A,I DESIGNBUILDER 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 b Subcontractors. 4. Payments made by DESIGN/BUILDERto Engineers for Design Professional Services provid- ed or furnished by Engineers under a Design Subagreement. S. Costs ofspecial,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 necessarytransporta- 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 DESIGN/BUILDER, 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 parts 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 Gable, 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 Gable, and royalty payments and fees for permits and licenses. I. 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 DESIGN/BUILDER, 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. 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-. I. 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 DESIGN/BUILDER for delinquent payments. 4. Costs due to 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, 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. 24 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'sfee allowed to DESIGNBUILDER for overhead and profit on Change Orders priced by paragraph 10-01.C.3 shall be determined as follows: I. 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 15r percent; b. For costs incurred under paragraph 10.02.A.3 and 10.02.A.4, the DESIGN/BUILDER's fee shall be €tve percent; 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 10.02A.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 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 4ve 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.athrough10.02.C.2.d, inclusive. D. Documentation: Whenever the 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 generapy accepted accounting practices atfd 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- SIGNBUILDER (less any applicable trade dis- counts) of materialsand 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 DESIGNBUILDER 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 25 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 DESIGNBUILDER to be adequateto cover DESIGNBUILDER'soverhead and profit for each separately identified item. C. DESIGNBUILDER 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 DESIGNBUILDER 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. 26 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 performingother 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 DESIGNBUILDER. 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 DESIGNBUILDER 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 DESIGNBUILDER for costs or damages arising out of or resulting from (i) delays caused by or within the control of DESIGNBUILDER, 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 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 DEFECTIVE CONSTRUCTION 12.01 Notice of Defects A. Prompt written notice of all defective Lbnstruz,on 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, inspe5ing 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 of Regulations of any public body having jurisdiction rt of the Construction specifically to be require any pa 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. DESIGNBUILDER 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 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. 4 12,04 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, DESIGNBUILDER, 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, attcMevs 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 40 A. If the Construction is defective, or DESIGNBUILDER 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 27 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 orRemoval ofDefective 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 Ian earlier date if so provided in the Specifications or by Written Amendment. C. Where defective Construction (and damage to they 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 1i 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. 12.09 OWNER May Correct Defective Construction 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 in accordance with the Contract Documents, or if DESIGNBUILDER fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to DESIGNBUILDER, correct and remedy any such deficiency. In exercisingthe rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude DESIGNBUILDER from all or part of the Site, take possession of all or part of the Construction, and suspend DESIGNBUILDER's services related thereto, take possession of DESIGNBUILDER's tools, appliances, construction equipment and machinery at the Site and incorporate in the Construction all materials and equipment stored at the Site or for which OWNER has paid DESIGNBUILDER but which are stored elsewhere. DESIGNBUILDER 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 DESIGNBUILDER and a Change Order will be issued incorporating the necessary revisions 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 costs 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 disput resolution costs and all costs of repair or replacement Of work of others destroyed or damaged by correction, removal or replacement of DESIGNBUILDER's defective Construction. DESIGNBUILDER shall not be allowed an extension of the Contract Times (or it -Milestones) because of any delay in the performance of the Construction attributable to the exercise by A. DESIGNBUILDER warrants and guarantees OWNERof OWNER's rights and remedies hereunder. 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. ARTICLE 13--PAYMENTS TO DESIGN/BUILDER AND COMPLETION 13.01 Schedule of Values A. The Schedule of Values established as provided in paragraph 2.06.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to OWNER. Progress payments on account of Unit Price Work will be based on the number of units completed. 13.02 Application for Progress Payment A. At least twenty days before the date established for each progress payment (but not more often than once a month), DESIGNBUILDER shall submit to OWNER for review an Application for Payment filled out and signed by DESIGNBUILDER covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 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 and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. 13.03 DESIGNIBUILDER's Warranry of Title 29 40 13.04 Progress Payments A. Progress payments shall be made by the OWNER to the DESIGNBUILDER according to the following procedure: I. 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 DESIGN/BUILDER. OWould fail to Pay DESIGNBUILDER atRthe me the paymenttof 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, 13, 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: I. The Work is defective, or completed Work has been damaged requiring correction or replacement; or 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.A.1 through A.3 inclusive; or 5. Claims have been made against OWNER on account of DESIGNBUILDER's performance 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 eis made. 1305 Substantial Completion A. 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 30 E. DESIGN/BUILDER 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. DESIGN/BUILDER has correlated the information known to DESIGN/BUILDER, 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. DESIGN/BUILDER 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 DESIGN/BUILDER, 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 DESIGN/BUILDER'S records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to the Cost of Work and DESIGNBUILDER's Fee. DESIGN/BUILDER 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 DESIGN/BUILDER concerning the Work consist of the following: A. This Agreement (pages 1 to 8, inclusive). B. Exhibits to this Agreement - N/A C. OWNER's Request for Proposal No. P-812 along with Conceptual Documents identified therein. D. DESIGNBUILDER's Proposal in Response to OWNER'S Request for Proposal No. P-812. E. Notices to Proceed. F. Performance, payment, and other Bonds, identified as Section 00600, consisting of 14 pages. G. Standard General Conditions of the Contract Between Owner and Design/Builder 5 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 DESIGN/BUILDER 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 intendecipurposewithout 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 substantially 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 aPPIY 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 No A. If OWNER is satisfied that the Work has been completed and DESIGNBUILD ER'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 DESIGNBUILDER 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 DESIGNBUILDER 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 DESIGNBUILDER. B. If, through no fault of DESIGNBUILDER, 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 thmportion 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 5.01.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 32 DESIGNBUILDER to OWNER with the Application for such payment. Such payment shall be made under the terms 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: I. 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 ESIGNBUILDER'sco ntinuing obligations under 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 TERNUNATION 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 DESIGN/BUILDER 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 DESIGNBUILDER makes a claim therefor as provided in Article 9. 14.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events justifies termination for cause: I L 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- DESIGNBUILDER disregards Laws or Regulations of any public body having jurisdiction. 3. DESIGNBUILDER otherwise violates in any substantial way any provisions of the Contract Documents. DB ESIGNBUILDER (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of DESIGNBUILDER, exclude DESIGN/BUILDER from the Site and take possession of the Work and of all DESIGNBUILDER', 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 DESIGNBUILDER 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 bf 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, DESIGNBUILDER 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 required to obtain the lowest price for the Work performed. C. Where DESIGNBUILDER'sservices have 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) for: I. 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; ^ of ncluding but not limited t r charges of eng n chile es and professionalsand orneysandother rt itration or other dispute ton costs incurred in con _,.r ---. - _ _ nwith 4. Reasonable expenses directly attributable to 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. 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 34 provisions of any applicable statute of repose. limitations or 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 DESIGNBUILDER and all of the rights and remedies available to OWNER thereunder, are in addition to, and are 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 Contract Documents, will survive final payment, Completion and acceptance of the Work and termination or completion of the Agreement. 35 EXHIBIT GC -A to GENERAL CONDITIONS OF THE AGREEMENT BETWEEN OWNER AND DESIGNBUILDER DATED For use with EJCDC No. 1910-40 (19 55 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 15.01.13-15.01.F. 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 prior to either of them initiating against the other a demand for arbitration pursuant to paragraph 15.01.0 through 15.01.1', 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 suspendedwith 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 Documentsor 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 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 her 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 parry 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 OWNER or DESIGNBUILDER mayjoin such entity as a party to the arbitration between OWNER and DESIGNBUILDER hereunder. DESIGNBUILDER 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 involving the Work of such Subcontractor. Nothing in this paragraph 15.01.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. SUPPLEMENTARY CONDITIONS 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 nt=_!_=thrcg, ` and added language shown by underline, except that the addition of completely new paragraph (s), or of completely new sentence(s) 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 payment and in accordance with paragraph 13.08.A. 14. defective --An adjective which when modifying the term Construction gy 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 I' referred to in the Contract Documents, or has been damaged prior OWNER's final 11 payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion). f 20..Engineer--A duly licensed individual or entity. in >>ding b+ no ( limited to an Engineer Architect, designated by DESIGN/BUILDER to perform or furnish specified Design Professional Services in connection with the Work. f 21. Field Order --A written order issued by OWNER which orders minor it changes in the Work inaccordancewith ARTICLE 9--CHANGES 9--CHANGESIN THE WORx CLAIMS 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 time. 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/BUILDER'S obligations under the ContractQQntract Documents. f 00800-1 35. Project --The total construction of which theme 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 NATTERS REVISE 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 1 the Contract Times commence to run but no Work shall t, ,a r the prior - .to_ the date on which the Contract Times commence ADD the following Paragraph to ARTICLE 2, Paragraph 2.04, Before Starting Construction, of the General Conditions, to precede Paragraph 2.04.A: 2.04.AA. Before undertaking each part of the Work, DESIGN/BUILDER shall carefully study and 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. REVISE 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 case will a Schedule be accentable which allows legs than's (7) gglendar days LQK each review by { OWNER. L. 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 pre Eata Appropriate amount of overhead and profit applicable to each item of Work; .... f' 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 sentenceofParagraph 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, ANENDING, REUSE ADD the following Paragraph to ARTICLE 3, Paragraph 3.01, Intent, of the General Conditions: i. 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 general, 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). i 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. 1( ADD the following Paragraph to the end of Paragraph 3.02.B in ARTICLE 3, i Paragraph 3.02, References, of the General Conditions: II 3.02.B.3. In the event of conflicting or ambiguous provisions within the Contract Documents, specifications will take precedence over the drawings and addenda will take precedence over both. Notwithstanding the foregoing, the more specific provision will take precedence over the less specific; the more stringent will take precedence over the less stringent; the more expensive item I4 will take precedence over the less expensive. On all drawings, figures take 00800-3 (pages 1 to 36,inclusive). H. Supplementary Conditions (pages 00800-1 to 00800-25, inclusive). I. Addenda numbers 1 through 2 inclusive. GMP Proposal dated 11/29/2001 and Other Documentation submitted by DESIGN/BUILDER prior to Notice of Award (pages 1 to 5, inclusive). K. Application for Payment (pages 1 to 2, inclusive) Change Order Form (page 1, inclusive) L. 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. Specifications as defined in Paragraph 1.01.A.42 of the General Conditions. 3. Drawings as defined in Paragraph 1.01.A.18 of the General Conditions. M. Milestone Schedule. 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 DESIGN/BUILDER'S Proposal (Section 12.01.13) 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 12.0I.K shall govern, and in the case of any irreconcilable ambiguity, inconsistency or conflict among the documents listed in Section 12.01.K, the documents listed in Sections 12.0l.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 f 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.D. 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; SUBS13RFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS; HAZARDOUS CONDITIONS a i REVISE the title of ARTICLE 4 of the General Conditions: ARTICLE 4--AVAILABILITY OF LANDS; SVBSURFACE AND 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: 1. 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. 00800-4 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, i 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 1. "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.E is materially inaccurate, or (ii) is of such a nature as to require a change in the Contract Documents, or (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; 3. with respect to Work that is paid for on a Unit Price Basis, any j 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 1 Price or Times if: i. (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 1 contract; or (ii) the existence of such condition could reasonably have been discovered a 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 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, j losses or damages sustained by DESIGN/BUILDER on or in connection with any other 1 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 1 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 f f b. the cost of all of the following will be included in the Contract Price and DESIGN/BUILDER shall have full responsibility for: (i) 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 i- 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. I SC-5 BONDS AND INSURANCE a 00800-7 REVISE the 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 S.Ol.A, DESIGN/BUILDER shall within thlr-Ey ten (10) days thereafter substitute another Bond and surety, meeting the ".^ me of paFaqEaphs _ 0, r ,-a ^ both of which must be acceptable 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.C. include as additional insureds (subject to any customary exclusion in respect of orofess' nai liability) 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 3 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 $1,000,00o 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 1. 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 (i Work and DESIGN/BUILDER'S other obligations under the Contract Documents, whether L: 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 is 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: f 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 deductible shall be adjusted strictly with the Owner. Any insurance payments/proceeds shall be made payable to the Owner subject to the requirements C 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 1.. subcontractors their just shares of any insurance proceeds received by the l_ 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 i� SC-6 DESIGN/BUILDER'S 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. (_ 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 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 00800-10 L 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 ( from acceptance of such substitute, including costs of redesign and claims of 1 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 r_ expense. 4. Substitute Construction Methods or Procedures: If a specific means, i 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 (- 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 t' in paragraph 6.03.D.2. _ 5. OWNER's Evaluation: OWNER will be allowed a reasonable time within lwhich to evaluate each proposal or submittal made pursuant to paragraphs 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 i written acceptance which will be evidenced by either a Change Order or an + approved Shop Drawing or Submittal. OWNER may require DESIGN/BUILDER to furnish 1 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 C; 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 Consultants for evaluating each such proposed substitute item. 00800-11 L: 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, an& additionally will comply with any provisionprovisioag of the Contract Documents 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 theGensti-uetje: Work, which are applicable on the last day for receipt of Proposals or on the effectivedate f the Agreement. DESIGN/BUILDER shall pay all charges of utility owners for connections to the Work, and DESIGN/BUILDER shall nay for all of the following fees: Building Permit Fee and Plan Check Fee. ADD the following Paragraph in ARTICLE 6, Paragraph 6.09, Taxes, of the General Conditions: 6.09.B. 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. DESIGN/BUILDER must apply for, and receive, a Certificate of Exemption 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. .... GQRStrustle Wo rk .... 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 prior to r i agg of final payment, these record documents and Submittals, including a reproducible set of record drawings as provided in 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 PR_.,,._,eti en Work or variations from the Contract Documents have been caused thereby. .... REVISE the first sentence in Paragraph 6.18.A in ARTICLE 6, Paragraph 6.18, DESIGN/BUILDER'S General Warranty and Guarantee, of the General Conditions: 6.18.A. DESIGN/BUILDER warrants and guarantees to OWNER that all Gens==aRe Work 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. .11aless such abuse modification or improper maintenance gr operation was permitted by or could reasonably have been prevented b DESIGN/BUILDER. yb on to o Suppliers. 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 any 1 payment by OWNER to DESIGN/BUILDER under the QQntract 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 GeastEuet4mea Wor , 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 -art by any negligent act or omission of 00800-13 l_. 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 maybe 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 DESIGN/BUILDER 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 DESIGN/BUILDER, 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 DESIGN/BUILDER included in DESIGN/BUILDER'S Proposal. IN WITNESS WHEREOF, OWNER and DESIGN/BUILDER have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and DESIGN/BUILDER. All portions of the Contract Documents have been signed, initiated or identified by OWNER and DESIGN/BUILDER. This Agreement will be effective on February(6, 2002. 7 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, regardless o whether or not caused in by any nealigengg Qr omission of an individual o _ entity in indpmnif ied hereunder or whether liability imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any Such individual or entitv. 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. {' i 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 t4e; Work at Site REVISE the first sentence in Paragraph 7.01.B in ARTICLE 7, Paragraph 7.01, 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 j 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 ! materials and equipment and the execution of such other work and shall properly It connect and coordinate the Gensti-aetie Work with theirs. .... SC-8 RESIDENT PROJECT 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 r l 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 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 t 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. 1 Consider and evaluate Design/Builder suggestions for modification in r Drawings or Specifications and report these recommendations to Owner's Representative. I 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 recormnendations 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. a Accept Shop Drawings, data, or samples submittals from anyone other y than the Design/Builder. r SC-9 CHANGES IN THE WORK; CLAIMS i REVISE the first sentence, thereby creating two sentences, in ARTICLE 9, Paragraph 9.01, General --Rights and Obligations, of the General Conditions: 9.0I.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 geeeaFal--seepe—e€ the eentraet. such additions, deletions or revisions will be authorized by a Written Amendment, a + Change Order, or a Work Change Directive. .... 1, 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 Construction or Work under paragraph 12.09 or (iii) agreed to by the parties; and S 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 i 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 s Contract Price and/or Contract Time covered by a Change Order, Work Change y 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: 1O.O1.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 basis, 'n ding lump sum i (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 10.02) or by mutually agreed unit prices; r Y 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: t 10.02.A.3. .... If required by OWNER, DESIGN/BUILDER shall obtain j competitive bids from Subcontractors acceptable to OWNER and DESIGN/BUILDER, and t 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 l- 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 damages within the deductible amo n s of proparty insurance established by OWNER in accordance with paragraph 5.04 above) 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 a3-1 additional Bonds and insurance j DESIGN/BUILDER is required by the Contract Documents to purchase and maintain i- hggause of chaaaggin 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 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: 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-i3 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 five 3 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 i and 10.02.A.2 and that any higher tier Subcontractor and DESIGN/BUILDER will each be paid a fee of five peL-een€- of the &mean paj:d—te—t-}3e—&east lewer timer SaAieeatr&eteE to be negotjated in good faith wi h OWNER h t -ugt to exceed f!YC percent of the 9M91ant paid to the next lower tier Subcontractor; 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 �- 00800-18 r t, i actual net decrease in cost plus a deduction in DESIGN/BUILDER'S fee by an amount equal to #$ve .1 percent of such net decrease; REVISE Paragraph 10.04.C.1 in ARTICLE 10, Paragraph 10.04, Unit Prices, of the General Conditions: r 10.04.C.1. the quantity of any item of Unit Price Work performed by DESIGN/BUILDER differs materially and significantly 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 estimated ciantity for h item 6r-i-gi__'l `etal ..g...tr-aet P ee..SC-11 CHANGE OF CONTRACT TIMES f' i REVISE Paragraph 11.02.B in ARTICLE 11, Paragraph 11.02, Time Extensions, of the General Conditions: 11.02.B. N9thing in th _ _h i BFSIFW/-BA_T-anrn due tze delay, Katie fer-e_-- --- disrupt4sn Est- 4llere DESIGN/BUTLD R is n v * a from completing any Part of the Work within �- the Contract Times (or Milestones) due to delay b yond the control of OWNER and DESIGN/BUILDER an extension of the on r t m' (or Milestones) PS) in an amount equal to the time lost due o such delay shad be DESIGN/BUILDER sole and exclusive remedy for such dplay. In no -event hall 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. 1 L� 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 WOR& REVISE the following language in Paragraph 12.01.A in ARTICLE 12, Paragraph 12.01, Notice of Defects, of the General Conditions: 12.01.A. Prompt %FEittea notice of all defective Construction or Work of 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 GenstEiaetle Wor 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 ... i 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 }' GenstFiaetiea 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, including the title, in ARTICLE 12, Paragraph 12.06, Correction or Removal of Defective Construction, of the 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 gX 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, costs, losses and damages arising out of...or ul ing from such correctign, Igiplacement,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, t_ (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. r 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 b � g y, arising out of or resulting from such correction or i 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. j REVISE 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 i Construction or Work will be extended for an additional period of one year after correction or removal and replacement has been satisfactorily completed. i REVISE the following language, including the title, in ARTICLE 12, Paragraph 12.08, Acceptance of Defective Construction, of the General Conditions: t 12.08 Acceptance of Defective Construction or Work 12.08.A. If, instead of requiring correction or removal and replacement of r 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 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. 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 wr-ii-tsn ; 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 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 claims, 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 correction, removal or replacement of DESIGN/BUILDER's defective Construction 2 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 i attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ' i 00800-22 is r t SC-13 PAYMENTS TO DESIGN/BUILDER AND COMPLETION 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 DESIG_ N/BIDER 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 Appliad.tions 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, =cgpt as providtd in paragraph 13 04 a and as otherwise prgyid d in thQ Contract Documents, .then DESIGN/BUILDER may, at 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 13.04.13.1 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 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 OWNER's satisfaction the reasons for such action. 00800-23 OWNE IT/Y pOF,FORT � COLLINS By: John . Fischbach Ci Manager( By: l s B. O'Neill II, CPPO, FNIGP D' ector_of P/urch ing and Risk Management Date: `� / / n Z� AA ES�L�I: � o City Clerk Address for giving notices: PO Box 580 Fort Collins, CO 80522 APPRO ED AS TO FORM: lvk _ Assistant City Attorney Designated Representative: Name: Ron Kechter Title: Facilities Project Manager Address: PO Box 580 Fort Collins, CO 80522 Phone: 970-221-6805 DESIGN/BUILDER: The Neenan CompanyLL L? By: `l N e: J es J. Nee 314-I o Z- ATTEST -r,! lyj Address for giving notices: 2620 E. Prospect Fort Collins. CO 80525 License No.A-11-11 (If DESIGN/BUILDER is a corporation, attach evidence of authority to sign.) Designated Representative: Name: Bob Merserve Title: Senior Project Manager Address: 2620 E. Prospect Rd. Suite 100 Fort Collins, CO 80525 Phone: 970-495-6319 Facsimile: 970-221-6534 Facsimile: 970-493-5869 r 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 naraaraph 16 06 B of h 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 A. Upon the occurrence of any one or more of the following events { jast.r.__ teEFnina#iA19GWNER may terminat this A5— r herein. dement a v d d ; REVISE each appearance of the phrase "costs, losses and damages" as follows in Paragraph 14.02.B in ARTICLE 14, Paragraph 14.02, OWNER May Terminate, of the General Conditions: 14.02.B. ....claims, costs, losses and damages 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 l� 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. 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 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: 15.0l.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 American Arbitration Association under the Construction Industry mediation Roles of the American Arbitration Association then obtaining, prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 15.01.0 through 15.0l.F, unless delay in initiating arbitration would irrevocably prejudice one of the parties. .... REVISE the first sentence in Paragraph 15.0l.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 V 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 'i binding arbitration in accordance with the Construction Industry Arbitration Roles of the American Arbitration Association then obtaining, subject to the r limitations of this paragraph 15.01. .... ADD the follow Paragraph 15.0l.G in Exhibit GC -A to GENERAL CONDITIONS, Paragraph 15.01, Dispute Resolution Agreement, of the General Conditions: r 15.01.G. The award rendered by the arbitrators will be final; judgment may j be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 00800-25 APPLICATION FOR PAYMENT AND CHANGE ORDER FORM APPLICATION FOR PAYMENT PROJECT: Second Sheet of Ice at EPIC PAY ESTIMATE NO: DATE: CONTRACTOR: The Neenan Company ADDRESS: 2620 East Prospect Road, Suite 100 Fort Collins, CO 80525 PARTIAL TO The undersigned Contractor certifies that to the best of his knowledge, information and belief the work covered by this application for Payment has been completed in accordance with the Contract Documents, that all accounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received in this current payment shown herein is now due. CONTRACTOR: The Neenan Company FINAL TO In accordance with the Contract Documents, based on site observations and the data comprising the above application, the Architects Certifies to the Owner that the Work has progressed to the point indicated; that to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment of the AMOUNT CERTIFIED. ENGINEER: The Neenan Company By:, Application is made for Payment, as shown below, in connection with the Contract. Schedule of Values is attached. The present status of the account for this Contract is as follows: ORIGINAL CONTRACT AMOUNT APPROVED CHANGE ORDERS TO DATE ADJUSTED CONTRACT AMOUNT TOTAL WORK COMPLETED AND MATERIALS USED RETAINAGE (10% OF TOTAL) TOTAL EARNED LESS RETAINAGE LIQUIDATED DAMAGES WITHHELD TOTAL EARNED LESS LIQUIDATED DAMAGES LESS PREVIOUS PAYMENTS CURRENT PAYMENT DUE APPROVED BY: Facilities Project Manager cc: Accounting City Clerk Contractor Engineer Project File DATE: CONTINUATION SHEET AIA DOCUMENT G703 Pepe 2 CNy of Fort CoNlns Progress PaMOnt Form for Second Sheol of Ice at EPIC APPLICATION 0: APPLICATION DATE: PERIOD FROM: PERIOD TO: ARCHITFCTC PRfIIPr T Kln � ��■ems >, ., o�� ,... �� o „r SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Second Sheet of Ice at EPIC CONTRACTOR: The Neenan Company BID NUMBER: DESCRIPTION In preparing change orders show in order as separate numbered paragraphs the following: Reason for change: 2. Description of change: 3. Change in Contract Cost: 4. Change in Contract Time: (Attach additional sheets as reauired) ORIGINAL CONTRACT COST $0 TOTAL APPROVED CHANGE ORDERS 0 TOTAL PENDING CHANGE ORDERS 0 TOTAL THIS CHANGE ORDER 0 ADJUSTED CONTRACT COST $0 (Assuming all chanae orders approved) ACCEPTED BY: Contractor's Representative APPROVED BY: Facilities Project Manager cc: City Clerk Project File Contractor Purchasing Engineer Date Date GMP PROPOSAL DATED 11/29/2001 AND OTHER DOCUMENTATION The Neenan Company Second Sheet of Ice at EPIC 11/29/2001 ision Description Takeoff Quantity Total Cost/Unit i Total Amount 010,General Conditions Project Manager.. . . ..... Salaried - PM --- - -------- ...... 19.50 wk 3 140.00 /wk 61,230. Superintendent Salaried - Super 26.00 wk 3,540.00 /wk 92,040 Copier Off Supply_- Copier 5.50 mnth 100.00 /mnth 550 Water Cooler .Off Supply .,_Water ,Cooler 5.50 mnth 1- 50.00 /mnth 275 Jobsite Trailer -------- ---- - Office - Jobsite Trailer ..... ..... 6.00 ninth . .. . .. . ........ ..... 500.00 /mnth . .. ..... . . .. .... ......... 3000 Toilet . ...... ... Office .- Temp Net .......... 5.50 mnth ...... .. 120.00 /mnth Storage, Trailer-, Stor - Tamp_Stor�lc a Trailer 5.50 mnth 300.00 /mnth 1,650 Trailer Set-Up/Tear.Down CM ice - Trl.r.Set-upjear Down 1.00 Is 500.00 /is Boo Job Site ID Sign ------ ---- ------- - - --- - -------- --------- Sign Job ID Sign .. . ... .... . 694.00opq 694 'Eiectric Bill .Temp Elec - Monthly Charge 5.50 mnth 500.00 /mnth 2.750 Water Bill Temp Water - Monthly Charge Storm Drainage Bill Temp Storm, - Monthly Charge--.. Temp Water Service Install iRsTa" -.1.00 hr 75.00 /hr 020 Sitework - Temporary Protection 32,302.00 sqft 0.02 Iscift 484 - -- --- ----- - 'Temporary Fence 32,302.00 soft OAS /soft 4906 !Selective Structural Demo ---,Site-Demo---- 32,302.00spift --32.302.0-0- 0.16 /sqft ---- - 5,0100 sqft- 0.62 /sqft 19 ,961' - :Site Demo Sawcut Cone 32.302.00 0.01 Isqft �0 0 1 Site Demo - Sawcut Asphalt 32,302.00 sqft 0.01 lss� 400 io 'Clear/Grub - Site 32.302.00 sqft 0.06 /sqft T 1.826� -.-StrJpPStock -Topsoil 32.302.00 soft -- - O.Oo -Lsgft- 941 Site Cut/Fill 32,302.00 sqft 0-95'/sqft 30,606 Site Overexcavation - -------- 32,30200 sqft ---- 0.40 /sqft 12=906 Recom ct . rig - -Replace 32302.00 scift 003 iscift 8891 I Topsoi 1Pv 32.302.00 soft 0.03 Iscift 896 r-- il - din - g Grading 32,3021DO soft -0.07-iscift- 2 393' _______Curb/Gutter/Pavement Grading 32,302.00 sqft 0.03 /sqft ----------- 1,051 I Earthwork Mobilization 32,302.00 sqft 0.03 /sqft 1,0001 Excav/Trenching - Structural 32,302.00 sqft 0.02 /sqft 730j Haul -off Caisson Spoils I I - . - - , 32,302.00 scift 11 - - , 0.04 /sqft 1,116 ". 1 - Machine Backfill /C omp a ction 32 ,302. 0 0 sqft 0.25 /sqft 8 2 0 21 Import Fill and Compact 32 302.00scift 0.72 /sqft 23.149 Subbase Material 32.302.00 soft 0.09 Iscift 2.907 Section 5.2.9.1 -Page 1 The Neenan Companv Second Sheet of Ice at EPIC 11/29/2001 ,ision Description 1 Takeoff Quantity Total Cost/Unit Total Amount Erosion Control 32,302.00, sqft --- 0.91 /Sqft_ 29,300 ?Caisson Drilling/Casing L 32,302.00 sqft 0.54 /sqft 17,354 'Place Caisson Concrete 32.302.00 sqft 0.16 /sqft 5.032 Site Storm Drainage 321302.00 sqft 0.19 /sqft 6,200 - ---------- - - - Asphalt Pvmnt Patch 32,302.00 sqft 0.22 /sqft 7,000 Asphalt Pvmnt Place �2,302.00 sqft 0.18 /sqft 5.833 C&G Form/Place .. ........ 32.302,00 sqft 0.02 /sqft 469 C&G Cone Matl 32302.00 sqft 0.01 /sqft 255 Cone Sidewalk - Form/Place 32,302.00 sqft 0.07 s ft q 2.162 -- ---- -- - ----- :Cone Sidewalk - Cone Matt 32,302.00 sqft 0.02 /sqft 733 -.Allowance - Landscaping_ 32,302.00 sqft 1.36 /sqft 44.000 030iConcrete Form/Place - Trench 32,302.00 sqft 0.11 /sqft 3.568 ;Form/Place - Int Curb/Pad/Pit 32.302.00 scift 0.05 /sqft Form/Place - Ice Pit ... .... .... 32,302.00 sqft . .... ......... ... .. - ----- 0.16 /sqft i "" L ....... ... .. 1. 1. -1. - I---,.,-,-,- 5,244 ''.. . --I .Concrete Accessories 32,302.00 sqft 0.01 /sqft 160 .Cone Access. - SOG ExD Joint 32.302.00 saft 0.04 /saft 1.250 L41L Rebar - Caisson --------- - - ------ 32.302.00 sqft --- --- 0.27 /sqft 8,604 Rebar - Trench 32,302.00 sqft 0.02 /sqft Rebar - Site Cast Panel ..... ... - ----- - .... ..... 11 - --------- 32.302.00 sqft 0.22 /sqft 6,956 Wire Mesh 32,302.00 sqft 2.668 Cone Marti - Wall Footing 32,302.00 sqft 0.02 /sqft .. . ..... .. 475 Matl - Caisson 32,302.00 sqft 0.40 /sqft 1 13,020 ------lConc Cone Matl - Decki! ---- - ----- - 0.04 /sqft - 1.200 !Cone Matt - SOG 32,302.00 sqft 0.75 /sqft 24,085 Cone Matl - Trench . ..... 32,302.DO scift ....... . L ... .... 0.04 Iscift 1,200 !Cone Matl - Int Curb/Pad/Pit 32,302.00 sqft 0.02 ASO 639 Matl - Ice Pit - - -- ------------------ -- - -- y 32,302.00 sqft 0.04 is --- qft (Finish - Misc. - ---------32,302.00 scAL_ 0.03 /sqft 828 --Place/Ti-ni'sh Deck- - - - --- ---- - 0:17 /sqft 5,609 Place/Finish - SOG 32,302,00 sqft 0.25 /sgft 8,189 'Concrete Sawcutting 32,302.00 scift 0.05 Iscift 1.592 Cone Pump - Deck/Topp�ng 32.302.00 soft 0.01 /sqft 318 Cone Pump - SOG 32,302.00 sqft . . ..... ... 0.05 /sqft 1,592 Cone Pump - Trench 32,302.00 s9ft 0.01 /sqft 272 Pump - Ice Pit 32302.00 sqft 0.02 /sqft 531L Cone Cure 32.302.00 Sqft 0.03 /sqft 8191, Precast -,Dy,na,,s pan. 32,302.00 sqft ............. 0.76 /sqft 24,624 Precast PnI - Insulated 32,302.00 sqft 9.13 /sqft 294,816, (Precast- - Bracing 32.302.00 sqft 0.25 /sqft 8,000 040 Masonry E xt CM U- E x t Wall 32,302.00 sqft 0.51 /sqft 16.558 Int CMU Partition 32.302.00 sqft 2.40 /sqft 77.520 Brick Veneer - Exterior 32.302.00 sqft 3.86 /sqft 124.7821 050 Steel - - Steel Bar Joists 32.302.00 sqft 6.30 /sqft Z63.4231 Section 5.2.9.1 -Page 2 The Neenan Comoanv Second Sheet of Ice at EPIC 11/29/2001 ision Description Takeoff Quantity Total Cost/Unit Total Amount Int Stair - Steel 32.302.00 sgft 0.23 /sqft 7,500 Int Handrail - Steel Tubular_. _ 32 302.00 sqft _. 1.57 /sqft -. 50,600 Header Trench Cover 32 302.00 sqft 0.21 /sqft 6.720 0601Wood Carpentry '.Ext Door Frame Install 32,302,00 sqft_ 0.04 /sgft_-_ 1,180 Ext Door Install 32.302.00 sqft 0.06 /sqft :Int Door Door Frame Install 32.302.00 sqft 0.04 /sqft 1,116 int Door Install - - __.-. - _..._ 32 302.D0 sgft .._. __._. ,1..11 /sgft-. _ .. 35,949 _._.... __Carp Labor _Wd Sheathing _.__ 32,302.00 sqft 0.06 /sqft 2,058 Wd Framing Roof 32 302.00 sgft 0.12 /sqft 4,000 070,Thermal & Moisture iDampproof Foundation _ - -_, 32302.00 sqft 0.03 /sqft - 1,095 Waterproof -Trench 32.302.00 soft 0.04 /soft ':. 1.174 (Insulation Foundation ,! 32,302.D0 sqft _ .0.05 /sgft___ 1 _Insulation _ Under Ice 32 302.00 sgft 0.56 /sqft _18 EDPM Roof Ballasted 32 302.00 _sqft___ 2.11 /sgft 67 .Sheet Metal Roofing_ 32,302.00 sqft 0.28 !sgft _ 9 -,.Flashings_ Sheet Metal _ 32302.D0 sqft _ ,0.26 /sqft __ 8 Rf Accessory -. Roof Hatch 32,302.00 sqft 0.04 /sqft 1 . _- '.Fireproof-BarJoist/Deck 32302.OD sqft _ 0.03 /sgft 1 '.Firesafe - Ext Fire Wall 32.302.00 sail __ -.0.03 /sqft Caulking - Exterior 32,302.00 sgft 0.46 /sqft__ 14 Doors & Windows Ext Door Frame - Hollow Mtl 32 302.00 sqft 0.03 /sqft- 1 Ext Door -Hollow Mtl 32 302.00 sgft _ 0.08 /sqft 2 !Int Door Frame Hollow Mtl 32 302,00 sqft - 0.13 /sqft ! 4 !, Int Door - Hollow Mtl 32.302.00 sqft 0.13 /sgft -. 4 ,Coiling Doors/Grilles , 32.302.00 0.40 /sqft '�, 13_sgft '.Storefront -Ext Wndw .------.......-..._. .-----_- -------.._. ------------- 32,302.00 sqft ._-- ..__... .---_.__.. _ 0.10 /sgft _..._........ .._.......----- - 3 ........_.---_. '..Hollow Mtl Wndw Frame_ Int 32,302.00 sqft /sgft 1 _ Door Hardware - Ext _ '.. 32.302.00 soft -__0.03 _ 0.18 /soft . _ - 5 - Door Weatherstrip/Seals- Ext 32.302.00 soft Weatherstrip/Seals-_Int 32,302.00 sgft_ ',,..Glazing - Interior, 32 302.00 sqft _ 091 Framing & Drywall Gyp _Board Ceiling __, 32.302.00_sgft_-_ Gyp Board - Soffit 32.302.00 sqft _ 095'Ceiling Finishes - ------ ________Acoustical Cig_ 2x4 - _. _ _- _. 32.302.00-sgft_ ,Paint - Interior _ 32,302.00 sqft 096iFloor Finishes '.Flooring - Rubber - 32,302.00 soft_ '..Base - Rubber 32.302.00 sqft __.. Epoxy Flooring _..._ __..,,. 32,302,00sqft -- 097 Wall Finishes 0.03 /sqft 945 0.01 /sgft_ 308 0.09 /sqft ., 2.800 __. 0.56 /sqft 18.000 0.67 /sqft 21,545 0.05 /sqft 0_.87 /sgtt_ 1_59 /sgft.. 0.05 /sgtt 0.10 /sqft -..-. _--1.680 28.200 51.300 -....... 1,750 3.100 Section 5.2.9.1-Page 3