HomeMy WebLinkAboutNEENAN - CONTRACT - RFP - P703 NEW OFFICE BUILDINGAGREEMENT
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ADDS AND DEDUCTS
lei Tf Q- I-Qr'I
#1367 FT COLLINS CITY OFFICE BUILDING
Adds and flari,w#a
Description of Item
Costs
Deduct to modify the amount
and location of demountable
partitions and raised flooring
($250,697)
in accordance with CDN #1
_
dated 4/6/99
Add the design and
construction of one
crosswalk at the comer of
$23,726
Mason and LaPorte
Add to change the roof
membrane thickness from
$2,646
45mill to 60mill thickness
Add for completing additional
energy and lighting analysis
$11,000
TOTAL
($213,325)
LABOR AND EQUIPMENT BILLING RATE
Archistruction'
PROJECT #B-1367
CITY OF FORT COLLINS OFFICE BUILDING
LABOR & EQUIPMENT BILLING RATE
Labor
Construction Manager
$70
Project Manager
$65
Assistant Project Manager
$55
Superintendent
$65
Assistant Superintendent
$55
Field Engineer
$45
Preconstruction Estimator
$60
Accountant
$40
Secretary
$25
Equipment
Skid Loader
$500/wk
Site Utility Vehicle
$150/wk
Survey Equipment
Transit
$400/mo
Level
$200/mo
Truck
$250/wk
Car
$250/wk
Generator
$100/wk
MILESTONE SCHEDULE
SECTION 600
BONDS AND CERTIFICATES
PERFORMANCE BOND
PAYMENT BOND
CERTIFICATE OF INSURANCE
/%—a
IMPORTANT
The attached Bonds and Powers of Attorney have NOT BEEN DATED.
Please do not date either of these documents until you have a signed
contract.
At that time, Lockton Companies of Colorado, Inc. authorizes you to date
the Bonds and Powers of Attorney as of that contract date, or a later date.
If you should have any questions regarding this matter, please
feel free to contact us.
LOCKTON COMPANIES
Insurance and Risk Management Specialists
bst Or!ice Box 469COC i Denver, CO 80246-9000 / (303) 753-2000 , FAX (303) 753.2C99
Dciis ries r450C Cherry Creek Drive South Suite 400 / Denver, CO 80246-1532
SECTION 00615
PAYMENT BOND
Bond No.019SB103168094BCM
Executed in Four Originals
KNOW ALL MEN BY THESE PRESENTS: that
(Firm) THE NEENAN COMPANY
(Address) 2620'E. Prospect Rd., Suite 100, Fort.Collins, CO 80525
(an Individual), (a Partnership), (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 Citv of Fort Collins, 300 Laporte Ave., Fort_ Coll ins.Colorado 60522
a (Municipal HlwEi6pTp0 � x�o�;MTLII&�AAs "the OWNER", in the
penal sum of NO1100 WILAM (Ss 203.011.00) - - - - - - - - - - - - - - in lawful money
of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, successors and assigns, jointly and severally,
firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal
>-ntd into a certain Agreement with the OWNER, dated the / %� day
er,
of 1925?1_, a copy of which is hereto attached and made a
par hereof for the performance of The City of Fort Collins project, New
Office Building (Design/Build).
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.
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.
7/96 Section 00615 Page 1
AGREEMENT
THIS AGREEMENT is dated of the I7V day of 1999 by and
between the CITY OF FORT COLLINS, COLORADO, a municiW corporation (hereinafter called
OWNER) and THE NEENAN COMPANY, a Colorado Corporation (hereinafter called
DESIGNBUILDER).
OWNER AND DESIGNBUILDER, 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 an office Building located on the Southeast comer of Block 32. Block 32 is bounded
by Maple Street on the north and LaPorte Avenue on the south, Mason Street on the east, and Howes
Street on the west in downtown Fort Collins.
Article 2. THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a
part is generally described as the design and construction of a 48,000 assignable square foot
(approximately 70,000 gross square feet) office building for City Staff.
Article 3. CONTRACT TIMES
3.01 Days to Achieve Substantial Completion and Final Payment
The Work will be substantially completed within 730 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
760 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 of the Agreement
and the OWNER will suffer financial loss if the Work is not completed within the times specified
in paragraph 3.01 above, plus any extensions thereof allowed in accordance with Article 11 of the
General Conditions. The parties also recognize the delays, expenses and difficulties involved in
proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly,
instead of requiring any such proof, OWNER and DESIGNBUILDER agree that as liquidated
damages for. delay (but not as a penalty) DESIGNBUILDER shall pay OWNER Five Thousand
Dollars ($5,000.00) for each day that expires after the time specified in paragraph 3.01 for
Substantial Completion until the Work is substantially complete.
PROVIDED, FURTHER, that no final settlement between the OWNER and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose
claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact
.business in the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in four (a) counterparts,
each one of which shall be deemed an original, this / 7x day of
IN PRESENCE OF: Prin pal CO ANY
r
� By,
(Title)
(C-orpordte'Seal)
,II�j1P.1�Ek� F�NQ��OF :
2620 E. Prospect Rd., Suite 100
(Address)Fort Collins, CO 80525
Other Partners
By:
By:
IN RE�SE�N`CEOF Surety TRAVELERS
�CASII TY AND SURETY COMPANY
14
L.l�` AMERI`7' V B
At orney-in-Fact Sue Wood
Debbie Poppe, Account Executive/ ower Square, Hartford, CT 06183-6014
Witness (Address)
(Suxi�tty:' Se'al)':;
NOTE:`' e�'�Date of Bond must not be prior to date of Agreement. If
a
CONTRACTOR, is Partnership, all partners should execute
hti Bond.
VIW
lOCKTON
LocKION COMPANIES
Post Office Box 469000 / Denver, CO 80246.9000
(303) 753.2000/Fax:(303)753.2099
7/96 Section 00615 Page 2
SECTION 00610
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
Bond NCQ19SB103168094BC4
Executed in(4)FourOriginals
(Firm) THE NEENAN COMPANY
(Address) 2620 E. Prospect Rd., Suite 100 Fort Collins CO 80525
(an Individual), (a Partnership), (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
City of Fort Collins 300 Laporte Ave Fort Collins Colorado 80522 a
(Municipal Co oratio�np)�y�hpegr[]�eQigngapfTt�egrg referred to as the "OWNER", in the
penal sum of DOLLARS lS8 203 011 OUSAPID .- ... in lawful money of
the United States, for the payment of which sum well and truly to be
made, we bind ourselves, successors and assigns, jointly and severally,
firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal
ente d into a certain Agreement with the OWNER, dated the day
of 197?a copy of which is hereto attached and made a
par hereof for the performance of The City of Fort Collins project, New
Office Building (Design/Build).
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.
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.
7/96
Section 00610 Page 1
PROVIDED, FURTHER, that no final settlement between the OWNER and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose
claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact
business in the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts,
each one of which shall be deemed an original, this 4;V day of
agL�- , 19 C?! —
IN PRESENCE OF: Princ'p 1 ¢AMP
By. /J
y (Title)
y 2620 g. Prospect Rd., Suite 100
Fort Collins, CO 80525
i.Cgrpbrate(-,Seal )
I �RESE➢; OF:
(Address)
Other Partners
By:
By:
INMESENCE OF. Surety TRAVELERS CASUALTY AND SURETY
Y OF
By.
Att ney-in-Fact Sue Wood
Debbie Poppe, Account Executive/ ,.One wer Square, Hartford, CT 06183-6014
Witness (Address)
sti
'IQOTE' b4 ,'' Date of Bond must not be prior to date of Agreement. If
CONTRACTOR is Partnership, all partners should execute
r`
Bond.
LOCKTON
LocKI.ON COMPANIES
Post Office Box 469000 /Denver, CO 80246.9000
(303) 753.2000/Fax: (303)753.2099
7/96 Section 00610 Page 2
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND
SURETY COMPANY OF ILLINOIS have caused this instrument to be signed by their Senior Vice President, and their corporate
; to be hereto affixed this 27th day of July, 1998.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
}SS. Hartford TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
A Y ANp
• ° t
�•�Po�j�
i F1AFirFOfU, i p 6 0
Mt w Q d CONK. = l ; 1971
9
George W. Thompson
Senior Vice President
On this 27th day of July, 1998 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, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, 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.
a � C. t
My commission expires June 30, 2001 Notary Public
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, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the
State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in
frill 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 ppd Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this / 7-O day of
OHARTFORD,
V ANp<roa o l f t 2 '. SEAT
CONN: � 1 . s. 1n1 q
By » �\
Brian Hoffman
Assistant Secretary, Bond
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINNOIS
Naperville, Illinois 60563-8458
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY TBESE 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, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a
corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of
DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make,
constitute and appoint: William M. O'Connell, Jr., Sarah Finn, Brad C. Gibson, Sue Wood, Debbie Poppe, Shelley
Czajkowski or Kimberly D. Johnson * *
of Denver, CO, 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, or, if the following line be filled in, within the area there designated
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(Win-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
-w in full force and effect:
'-VOTED: That the Chaimran, 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 Attorneys -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, recognizzances, contracts of indemnity, and other writings obligatory in
the nature of a band, 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 Attorneys -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 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, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, 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 Se=t8nes or Attorneys -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
^� certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
ified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
�[ dertaking to which it is attached.
(8-97)
AC ORD CERTIFICATE OF
LIABILITY INSURANCkID ZD DATE(MMIDD/YY)
PRODUCER
Lockton Companies of Colorado
4500 Cherry Creek Dr. S . , #400
ECO01 06/15/99
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Denver CO 80246-1532
COMPANIES AFFORDING COVERAGE
COMPANY
Phone No. 303-753-2000 FacNo.303-753-2099
A TRAVELERS INDEMNITY COMPANY
INSURED
COMPANY
B THE TRAVELERS INDEMNITY OF IL
The Neenan Company
(Archistruction)
COMPANY
C Bankers Standard Insurance Co.
2620 E. Prospect Rd., #100
Fort Collins CO 80525
COMPANY
D Risk Specialists of Colorado
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE(MM/DD/YY)
POLICY EXPIRATION
DATE(MMIDDIYY)
LIMITS
GENERAL
LIABILITY
GENERAL AGGREGATE
52,000,000
X
PRODUCTS - COMP/OP AGG
52,000,000
A
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE a OCCUR
784F7266TIA99
01/01/99
01/01/00
PERSONAL 3 ADV INJURY
$1 000 000
EACH OCCURRENCE
, ,
$1 , 000 000
OWNER'S 3 CONTRACTOR'S PROT
FIRE DAMAGE (Any one fire)
,
$300 0 00
MED EXP (Any one Person)
,
$ 5,000
AUTOMOBILE LIABILITY
B
X ANY AUTO
784F7266TIL99
01/01/99
01/01/00
COMBINED SINGLE LIMIT
$1,000,000
ALL OWNED AUTOS
SCHEDULEDAUTOS
BODILY INJURY
(Per Person)
$
X HIRED AUTOS
' SON -OWNED AUTOS
�
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
$
GARAGE
LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN AUTO ONLY:
ANY AUTO
EACH ACCIDENT
$
AGGREGATE
S
B
EXCESS LIABILITY
X UMBRELLA FORM
784F7266TIL99
01/01/99
01/01/00
EACH OCCURRENCE
s5,000,000
AGGREGATE
$5,000,000
OTHER THAN UMBRELLA FORM
S
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
X WC OR) lIM TS OER
EL EACH ACCIDENT
$100 , 000
C
THE PROPRIETOR/
X INCL
PARTNERSIEXECUTIVE
C42603818
01/01/99
01/01/00
EL DISEASE - POLICY LIMIT
s500,000
OFFICERS ARE: EXCL
EL DISEASE - EA EMPLOYEE
$ ZOO 000
OTHER
D
Design/Build
Professional Liab.
6471187
$5,000,000 EA CLAIM
01/01/99
01/01/00
Agg. $5,000,000
Dad. $150,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
City of Ft. Collins, CO and their consultants are Additional Insureds.
CERTIFICATE HOLDER
CANCELLATION
CITF003
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Fort Collins, CO
Purchasing Department
Attn : James O'Neil
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
256 W . Mountain Ave.
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Fort Collins, CO 80522
AUTHORIZED
I
ACORD 25-S (1195)
D .REPRESENTATIVE
V(/V a. � ✓ l 4xic,PORATION 1988
100
Initial RFP Selection
1
10MAR99A
1 OMAR99A
ZlnitI4I RFP Selectio
ANNIONEWSche
=Conceptual Re
WIV
�..<
Design',Doc's &Early Meetings
law
Civil Drawings Conceptual
Complete Schematic Drawings
Complete Interior Schematic Drawings -- - : -_-
KNotice to Proceed
Civil Drawings Construction Documents
AWPDP Submittal Preparation
Davelopement Plan
ANINWDesign Develoment Drawings
Construction Documents Developed
P&Z;Meeting
_ ~FDP Submittal Preparation
Meeting
...... Final Development Plan
jBuiiding Permit Submittal
�Suilding Permit Review
=Building Permit Received
=Break Ground
..............
�Woverlot grading and Demo
AWCalssons
Foundations
AWUnderslab Utilities
_-- ----- - - -
AMMNMWSteelErection
Exterior concrete
Slabs
ANNOMExterior Framing
_Amparking Lot Pave 1st Iitt
Break and Stone
_ Interior MEP and Finishes
Roof -
Glazing
-- - - Start-up and CommissioningANOW
Punchlist and Final Clean -Ups
Top Iltt of Pavement
=city Occupancy
Project Contract Completion Datej
105
Schem Design Doc's & Early Meetings
20
15MAR99A
30APR99A
110
Conceptual Review
5
29MAR99A
29MAR99A
130
Civil Drawings Conceptual
25
21APR99A
22JUN99
120
Complete Schematic Drawings
20
01JUN99'
28JUN99
170
Complete Interior Schematic Drawings
40
01JUN99'
26JUL99
- --
420
Notice to Proceed
1
21JUN99'
21JUN99
140
Civil Drawings Construction Documents
25
23JUN99
27JUL99AMMEW
180
POP Submittal Preparation
10
28JUL99
10AUG99
160
Preliminary Developement Plan
125
11AUG99
01 FEB00MWPreliminary
150
Design Develoment Drawings
20
03SEP99'
30SEP99
210
Construction Documents Developed
55
01 NOV99'
14JAN00
440
Schedule P&Z Meeting
20
05JAN00
01FEB00ANEWSchodule
200
FDP Submittal Preparation
15
02FEB00
22FEB00
450
190
P&Z Meeting
Final Development Plan
1
50
10FEB00'
23FE800
10FEB00JWP&Z
02MAY00
220
Building Permit Submittal
1
03MAY00
03MAY00
230
Building Permit Review
35
04MAY00
21JUN00
240
Building Permit Received
1
22JUN00
22JUN00
250
260
Break Ground
Ovedot grading and Demo
1
10
05JUL00'
06JUL00
OSJUL00
19JUL00
280
Caissons
10
20JUL00
02AUG00
270
Utilities
20
20JUL00
16AUG00Asmwutillities
290
Foundations
20
03AUG00
30AUG00AWNW
300
Underslab Utilities
10
31AUG00
13SEP00
310
Steel Erection
30
14SEP00
250CT00
295
Exterior concrete
18
090CT00'
01 NOV00ANW
320
Pour Slabs
5
260CT00
01 NOV00Pour
330
Exterior Framing
25
02NOV00
06DEC00
285
Parking Lot Pave 1st lift
10
02NOV00
15NOV00
340
Brick and Stone
40
23NOV00
17JAN01AftEENOW
370
Interior MEP and Finishes
80
30NOV00
21MAR01
360
Roof
8
07DEC00
18DEC00
350
Glazing
25
04JAN01
07FEB01ANNOW
375
400
Landscape
Start-up and Commissioning
15
2022MAR01
19MAR01'
06APR01AWLandscapa
18APR01---
380
Punchlist and Final Clean -Up
10
09APR01
20APR01
385
Top lift of Pavement
5
09APR01
13APR01
390
City Occupancy
1
23APR01
23APR01
410
Project Contract Completion Date
1
02JUL01'
02JUL01
Project Start 16MAR99
Project Finish 02JUL01
Data Date 01JUN99
Run Date 03JUN99
®Pdmavera Systems, Inc.
EMW Early Bar
Progress Bar
Crttical Activity
FTC1 Sheet 1 of 1
May 19,1999
City of Fort Collins Office Building
The Neenan Company
j
' y�y
CITY OF FORT COLLINS
FACILITIES
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of
Insurance.
7/96 Section 0630 Page 1
PRELIMINARY DRAWINGS
GENERAL CONDITIONS
Article 4. CONTRACT PRICE
4.01 OWNER shall pay DESIGNBUILDER for completion of the Work in accordance with the
Contract Documents a sum equal to the Cost of the Work plus a DESIGN/BUILDER'S Fee for
overhead and profit, both of which shall be determined as provided below.
Article 5. COST OF THE 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 Stipulated Sum as set forth in Article 6 hereof.
Article 6. STIPULATED SUM
6.01 DESIGNBUILDER guarantees that the maximum obligation of OWNER for the sum of the
Cost of the Work plus the DESIGNBUILDER's Fee will not exceed the Stipulated Sum of Eight
Million Two Hundred Three Thousand Eleven Dollars ($8,203,011.00) subject to increases or
decreases for changes in the Work. Provided, however, that Two Hundred Thirteen Thousand Three
Hundred Twenty-five Dollars ($213,325.00) of this amount is included as a contingency for the sole
use of the City. Any unused contingency shall be retained solely by the city
Article 7. CHANGES IN THE WORK
7.01 The amount of any increases or decreases in the Stipulated Sum shall be set forth in the
applicable Change Order subject to the following:
In the case of net additions or deletions in the Work, the amount of any increase or decrease
in the Stipulated Sum (or use of the contingency) shall be determined in accordance with
paragraph 10.02.0 of the General Conditions.
Article 8. PAYMENT PROCEDURES
8.01 DESIGNBUILDER shall submit and OWNER will process Applications for Payment in
accordance with Article 13 of the General Conditions. Applications for Payment will indicate the
amount of the DESIGNBUILDER's Fee then payable.
SECTION 00700
GENERAL CONDITIONS
This document has important legal consequences; consultation with an attomey is encouraged with respect to
its use or modification. This document should be adapted to the particular circumstances of the
contemplated Project and the applicable laws of the jurisdiction in which the Project is to be performed.
STANDARD GENERAL CONDITIONS OF THE
CONTRACT BETWEEN
OWNER AND DESIGNJBUILDER
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly By
0011
� National Society Of
�` Professional Engineers
AMERICAN CONSULTING pmiessionai Eaginaarsin Private Prather
ENGINEERS COUNCIL 0
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
These General Conditions have been prepared for use with the Agreements between Owner and
Design/Builder (Nos. 1910-40-A and -B) (1995 Edition) of the Engineers Joint Contract Documents
Committee. Their provisions are interrelated and a change in one may necessitate a change in the others.
The suggested language and instructions contained in the Guide to Use of ECD.0 Design/Build Documents
(No. 1910-42) (1995 Edition) is also carefully interrelated with the language of these General Conditions.
Comments concerning their usage are also contained in Document No. 1910-42 (1995 Edition).
(1995 Edidon)
TABLE OF CONTENTS
Page
ARTICLE 1-DEFINITIONS
1.01
............................. .
Defined Terms
.................. ............................... 1
ARTICLE 2-PRELIMINARY MATTERS
2.01
.............. .
Delivery Bonds.......... ................................. 4
2.02
of
Commencement of Contract Times, Notice to Proceed
2.03
................... 4
Starting the Work
2.04
............................................... 4
Before Starting Construction
2.05
...................................... 5
Initial Conference
2.06
. 5
Initially Acceptable Schedules
....................................... 5
ARTICLE 3--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ...................... 6
3.01 Intent .............................. 6
3.02 References . 6
3.03 Amending and Supplementing Contract Documents ... 6
3.04 Reuse of Documents 6
ARTICLE 4-AVAILABUM OF LANDS; DIFFERING SITE CONDITIONS; REFERENCE
POINTS; HAZARDOUS CONDITIONS ........................................ 7
4.01 Availability of Lands .............
4.02 Differing Site Conditions .... 7
4.03 Reference Points ..... 7
8
4.04 Hazardous Conditions ...........................................
ARTICLE 5-BONDS AND INSURANCE . 9
.................
5.01 Performance, Payment and Other Bonds .............................. 9
5.02 DESIGNBUILDER's Liability Insurance ............................. 9
5.03 OWNER'S Liability Insurance . , ..................... 10
5.04 Property Insurance........................10
5.05 Waiver of Rights .............................. 5.06 11
Application of Proceeds 12
5.07 Acceptance of Bonds and Insurance; Option to Replace ................. 12
5.08 Partial Utilization -Property Insurance .............................. 12
5.09 Licensed Sureties and Insurers; Certificates of Insurance ................. 12
ARTICLE 6-DESIGN/BUILDER'S RESPONSIBILITIES
6.01
...................................
Design Professional
13
6.02
Services ,
Supervision and Superintendence of Construction
13
6.03
.
Labor, Materials and Equipment
14
6.04
...................................
Progress Schedule
14
6.06
............................ ........
Concerning Subcontractors, Suppliers and Others
14
6.0
........... . • . • • • • •
Patent Fees Royalties
15
6.07
and .. ...
............................ Permits ...........
IS
6.08
...........................................
Laws and Regulations
16.
6.09
.........
Taxes
16
6.10
.......... ...................
Use of Site
16
6.11
and Other Areas
Record Documents...
.......................................
17
6.12
Safety and Protection ..........................................
17
6.13
Safety Representative ............................................
17
6.14
Hazard Communication Programs ..................................
17
6.15
Emergencies ..................................................
17
6.16
Submittals ...................................................
18
6.17
Continuing the Work ...........................................
18
6.18
DESIGNBUILDER's General Warranty and Guarantee ................
18
6.19
Indemnification ..............................................
19
ARTICLE 7-OTHER CONSTRUCTION ............................................... 19
7.01
Related Construction at Site ......................................
19
7.02
Coordination .................................................
20
ARTICLE 8--OWNER'S RESPONSIBII.ITIES........................................:..
20
8.01
General .....................................................
20
8.02
Scope of OWNER's Safety and Hazardous Waste Responmbilities .........
21
8.03
Resident Project Representation ...................................
21
ARTICLE 9-CHANGES IN THE WOM CLAIMS ........................................
21
9.01
General -Rights and Obligations ...................................
21
9.02
Notice of Intent to Make Claim ...................................
21
9.03
Claim Documentation ...........................................
22
9.04
Decision .....................................................
22
9.05
Time Limit Extension ...........................................
22
9.06
Exceptions ...................................................
22
9.07
Execution of Change Orders ......................................
22
9.08
Notice to Sureties ..............................................
22
ARTICLE 10--CHANGE OF CONTRACT PRICE .........................................
22
10.01
General .. ..............................................
22
10.02
Cost of the Work ..............................................
23
10.03
Cash Allowances ...............................................
25
10.04
Unit Prices ...................................................
25
ARTICLE 11--CHANGE OF CONTRACT TBIES......................................
26
11.01
General ....................................................
26
11.02
Time Extensions ...............................................
26
ARTICLE 12-TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE CONSTRUCTION ..............................................
ao
12.01
Notice of Defects ..............................................
26
12.02
Access to Construction ...........................................
27
12.03
Tests and Inspections
27
12.04
...........................................
Uncovering Construction ........................................
27
12.05
Owner May Stop the Construction .................................
27
12.06
Correction or Removal of Defective Construction ......................
28
12.07
Correction Period ..............................................
28
12.08
Acceptance of Defective Construction ...............................
28
12.09
OWNER May Correct Defective Construction ........................
28
H
ARTICLE 13—PAYMENTS TO DESIGN/BUILDERAND COMPLETION
13.01
......................
Schedule Values
29
13.02
of .............................................
Application for Progress Payment
29
13.03
..................................
DESIGN/BUILDER's Warranty of Title
29
13.04
.............................
Progress Payments
29
13.05
...................................
.........
Substantial Completion
30
13.06
................ .......................
Partial Utilization
30
13.0
................. I ............................
Final Inspection .......
31
13.08
Final Application for Payment
13.09
.............. I .....................
Final Payment and Acceptance
13.10
....................................
Waiver of Claims
32
..............................................
32
ARTICLE 14—SUSPENSION OF WORK AND TERMINATION
14.01
.............................
Owner May Suspend Work
14.02
........................................
Owner May Terminate for Cause
32
14.03
..................................
Owner May Terminate for Convenience
32
14.04
.............................
DESIGNBUILDER May Stop Work or Terminate
33
....................
34
ARTICLE 15—DISPUTE RESOLUTION
.......................
...............................................
34
ARTICLE 16--MISCELLANEOUS
........................
16.01
............................
Giving Notice
34
16.02
...............:.............................
Computation of Tines
34
16.03
................... . ................
Notice of Claim-
34
16.04
....
........................
...........
Cumulative Remedies
34
16.05
.................. . ...***.................
Survival of Obligations
35
................... I ......................
EXHIBIT GC -A to
GENERAL CONDITIONS OF THE AGREEMENT BETWEEN OWNER AND
DESIGN/BUILDER DATED
15.01
..............................
Dispute Resolution Agreement
36
............. ....
.36
III
Note: A marginal arrow in these General Conditions indicates a paragraph or
section that has been revised or added to in the Supplementary Conditions,
and is shown for the convenience of the reader only. Any use of these
General Conditions must include the complete interrelationship with the
Supplementary Conditions and the Contract Documents.
GENERAL CONDITIONS
ARTICLE 1—DEFINITIONS
1.01 Defined Tema
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:
1. 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 Documents —The drawings and
specifications and/or other graphic or written
materials, criteria and information concerning
OWNER's requirements for the Project, such as
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--Theperforming 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 Subagreement—A written
agreement between DESIGNBUILDER and a
construction contractor for provision of
Construction.
11. 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 SupplementaryConditions,
the Specifications and the Drawings together with
all 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 DESIGNBUILDERfor completion of
the Work in accordance with the Contract
Documents.
i
C13. Contract Times --The numbers of days or
eubsdates stated in the Agreement (i) to achieve
tantial Completion, and (ii) to complete the
Work so that it is ready for final payment in
accordance with paragraph 13.08.A.
14. defective --An adjective which when
modifying the term Construction refers to
Construction 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. DESIGNIBUILDER—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 DESIGNBUIIDER
and approved by OWNER consisting of drawings,
diagrams; r3instrations, schedules and other data
which show the scope, extent, and character of the
Work.
19. Effective Date of the Agreement--Tbe 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.
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).
24. Laws and Regulations; Laws or Regulations --
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 specifiedin 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 DESIGN/BUILDERfixingthe date on
which the Contract Times will commence to run.
29. OWNER --The public body, or authority,
individual or entity with whom
DESIGN/BUILDER has entered into the
Agreement and for whom the Work is to be
provided.
30.OWNER's Consultant --An individual or
entity having a contract with OWNER to furnish
services as OWNER's consultant with 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
DESIGNBUILDER'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
DESIGNBUILDER 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
DESIGNlBUILDER and approved by OWNER
consisting of written technical descriptions of
materials, equipment, construction systems,
standards and workmanship as applied to the
Construction and certain administrative details
applicable thereto.
43. Subcontractor —An individualor 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. Subminal—A written or graphic document
prepared by or for DESIGNBUILDER which is
3
required by the Contract Documents to be
submitted to OWNER by DESIGN/BUILDER.
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 Contract 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.
(t48. Unit Price Work —Work to be paid for on
he basis of unit prices.
49. Work —The entire completedconstructionor
the various separately identifiable parts thereof
required to be performed or furnished under the
Contract Documents. Work includes and is the
result of perforating or furnishing Design
Professional Services and Construction required by
the Contract Documents.
50. Work Change Directive --A written directive
to DESIGN/BUILDER, 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--PRELIM3NARY 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 limes; 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 be given at any time within thirty days
after the Effective Date of the Agreement. ;a as e:aal
,
4
2.03 Starting the Work
A. DESIGNBUILDER shall start to perform the
Work on the date when the Contract Times commence
o run.
2.04 Before Starting Construction
A. DESIGNBUILDER shall submit the following
for review within ten days after commencement of the
Contract Times:
1. 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 in
sufficient detail to serve as the basis for progress
payments during performance of the Work. Such
prices will include a pro rata 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 each additiona red
identified in t lementaryCon'' certificates
of insurance (and of vi a of insurance which
either of them o y onal insured may
reasonably r st) which DESI ILDER and
OW respectively are required to put and
.d 5.8 -Bs
2.05 Initial Conference
A. Within twenty days after the Contract Times
start to run a conference attended by OWNER and
DESIGNBUILDER 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 2.04.A,
procedures for handling Submittals, processing
Applications for Payment, maintaining required
records, items required pursuant to paragraph 8.01.A.6
and other matters.
2.06 Initially Acceptable Schedules
A
a€egertee'at
%DESI__
OWN others as
appropriate ore a tability the
;.94n DESIGNBUIiDER shall have an additional
ten days to make corrections and adjustments and to
complete and resubmit the schedules. No progress
payment shall be trade 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 or
progress of the Work nor interfere with or relieve
DESIGNBUILDER from DESIGN/BUILDER's full
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.
5
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 pa
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
A
n accordance 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
B. Except as otherwise specifically stated in the
Contract Documents or as may beprovided 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:
1. 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
Itin violation of such Law or ReguIation).
C. No provision of any such standard, specification,
manual, code or instruction shall be el�ective to change
the duties and responsibilities ' of OWNER,
DESIGN/BUILDER 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
aqt3."03
y other provision of the Contract Documents.
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. OWNER's approval of required Submittals
(pursuant to paragraph 6.163);
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
6
A. Progress Payments; Retainage. OWNER shall make progress payments on account
of the Contract Price on the basis of DESIGNBUILDER's Applications for Payment, on or about
the 15th day of each month during performance of the Work as provided in paragraphs 8.01.A.1 and
A.2 below. All such payments will be subject to the limitations of any Stipulated Sum 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.B of the General Conditions.
(1) 90 percent of Cost of the Work completed (with the balance
being retainage). If the Work has been 50% completed as determined by
OWNER, and if the character and progress of the Work have been
satisfactory to OWNER, OWNER may determine that as long as the
character and progress of the Work remain satisfactory, there will be no
additional retainage on account of Work completed, in whiph 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) ofthe cost of
materials and equipment not incorporated in the Work (but delivered, suitably
stored and accompanied by documentation satisfactory to OWNER as
provided in paragraph 13.02.A of the General Conditions).
b. Upon Substantial Completion, in an amount sufficient to increase total
payments to DESIGNBUILDER to 95 percent of the Contract Price (with the
balance being retainage), less such amounts as OWNER shall determine that
OWNER may withhold, in accordance with paragraph 13.04.B of the General
Conditions.
2. For DESIGNBUILDER's Fee: Progress payments on account of the
DESIGNBUILDER's Fee will be made as follows:
a. Payments prior to Substantial Completion will be in an amount equal to
90 percent of such Fee earned to the date of the approved Application for Payment
(less in each case payments previously made on account of such fee) based on the
progress of the Work measured by the Schedule of Values established as provided
in paragraph 2.06.A of the General Conditions (and in the case of Unit Price Work
on the number of units completed) and upon Substantial Completion in an amount
sufficient to increase total payments to DESIGNBUILDER on account of that fee
3
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
DESIGNBUILDERand 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 DESIGNBUII.DER to further
compensation at rates to be agreed upon by OWNER
and DESIGN/BUILDER.
OARTICLE 4--AVAILABILITY OF LANDS;
DIFFERING SITE CONDITIONS; REFERENCE
OINTS; HAZARDOUS CONDMONS
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
DESIGNBUU-DER.
B.
stateme❑ cord legal title and le a tps�tion of
the lands upon. the traction is to be
performed and O s inte ere *in as necessary
for givi ce of 'or_ filing a mechanic ' saint
Regn}etiens 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, rights -of -way or easements,
DESIGN/BUII.DER may make a claim therefor as
provided in Article 9.
C. DESIGN/BUILDER shall provide for all
additional lands and access thereto that may be
requiredfor temporary construction facilitiesor storage
of materials and equipment.
4.02 Differing Site Conditions
R of (i) subsurface or latent physical conditi s
at t Site which differ materially from those ind' ted
in the ontract Documents, or (ii) unknown ysical
conditio at the Site, of an unusual nat e, which
differ mate 'allyfrom those ordinarily en ntered and
generally re ized as inhering in ork of the
character cane or by the Contract ocuments.
B. OWNER w' investigat the site conditions
promptly after receivi the ice. If the conditions
do materially so differ cause an increase or
decrease in the DESIGN ER's cost of, or the -
time required for, per any part of the Work,
whether or not chan d as a re It of the conditions,
an equitable adj ment shall b made under this
clause and the ontract Price or es modified in
writing by Ch ge Order in accordanc ith Article 9.
C. N request by DESIGNBUILD for an
equita a adjustment under paragraph 4.02 all be
allo d unless DESIGNBUILDER has give the
ten notice required; provided that the t e
7
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. DESIGNBUII.DER 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
i lifted 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 ugh
to the 'te by DESIGN/BUILDER, Su bco actors,
Supplie or anyone else fo whom
DESIGNS ILDER is responsible.
B. DESIG BUILDER and any affected
Subcontractor all immediate (i)' stop all
Construction in nection wi such Hazardous
Condition and in any rea aff ed thereby (except in
an emergency as requir by aragraph 6.15), and (ii)
notify OWNER (and the er confirm such notice in
writing). OWNER sh romptly determine the
necessity of retaining qua ' led expert to evaluate
such Hazardous Con ion or t e corrective action, if
any. DESIGNS ER shall of be required to
resume Constr ion in Conn on with such
Hazardous Co ition or in any such a ected area until
after OWN has obtained any re ired permits
related then 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 Const ion,
or ) specifying any special conditions under ich
s Construction may be resumed safely. If OW
the _L
conditions under which Construction is i
5IGNBUILDER to be resumed, either
ike a claim therefor as provided in Articl
C. If after receipt of such special written./notice
DESI BUILDER does not agree to esume
Constru lion based on a reasonable belief it 't unsafe,
or does n t agree to resume such Constru on, under
such sped conditions, then OWNER ma order such
portion of a Work that is related to su Hazardous
Condition or . such affected; to b deleted from
the Work. OWNER and DESI NBUILDER
cannot agree to entitlement too the amount or
extent of an adl stment, if any, in Antract price or
Contract Times a result of dele ' g such portion of
the Work, then ei r party may ke a claim therefor
as provided in Arti a 9. OVQAR may have such
deleted portion of th Work pe ormed by OWNER's
own forces or others i accor nce with Article 7.
D. To the fullest n permitted by Laws and
Regulations, OWNER ll indemnify and hold
harmless DESIGN/BU DER, Subcontractors,
Suppliers, Engineers d the officers, directors,
employees, agents, oth consultants and
subcontractors of ea and of them from and
against all claims, co , losses a damages (including
but not limited to fees and arges of engineers,
architects, attorne and other p fessionais 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 im, cost, loss
or damage is attributable to bodily ' 'ury, sickness,
disease or ath, or to injury to or, struction of
tangible pr erry (other than completed onstructioa
Services), ' cluding the loss of use resulting erefrom,
and (ii) thing in this paragraph 4.04.D sha obligate
OWNS to indemnify any individual or en 'ty from
and a last the consequences of that individ al's or
entity own negligence or willful misconduct.
8. The provisions of paragraph 4.02 are
:tided to apply to materials uncovered or rev
the Site which are or could be a Hazai
8
ARTICLE 5--BONDS AND INSURANCE
5.01 Performance, Payment and Other Bonds
A. DESIGN/BUILDER 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 all DESIGNBUILDER'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. DESIGN/BUILDER
shall also furnish such other Bonds as are required by
the Supplementary Conditions. All Bonds shall be in
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 agent's
authority to act.
eB. If the surety on any Bond furnished by
ESIGNBUILDER is declared a bankrupt or
becomes insolvent or its right to do business is
terminated in any state where any part of the Project
is located or it ceases to meet the requirements of
paragraph 5.01.A, DESIGNBUILDER shall within
thirty days thereafter substitute another Bond and
surety ineeting the requirements of paragraphs 5.01.A
and 5.09.
--3.02-DES7GNlBU1LDER`sLiabilityInsurance
A. DESIGNBUILDER shall purchase and
maintain such Comprehensive or 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 famished and as will
provide protection from claims set forth below which
may arise out of or result from DESIGNBUILDER's
performance and furnishing of the Work and
DESIGNBUILDER's other obligations under the
Contract Documents, whether it is to be performed or
furnished by DESIGNBUILDER, any Subcontractor
or Supplier, or by anyone directly or 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:
1. 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 or disease, or death of any person
other than DESIGNBUILDER's employees;
sustaine t rson a n offense
directly or ' et a ate o ent of
2r229 bjt-I3ES�Diifae$^r^ __ r:. 4
-
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.Thepoliciesof insurance 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,
9
and include coverage for the respective officers and
employees of all such additional insureds;
2. Include at least the spec 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;
3. Include completed operations insurance;
4. Include contractual liability insurance
covering DESIGNBUILDER's indemnity
obligations under paragraphs 6.06, 6.10 and 6.19;
5. 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
indicatedin the Supplementary Conditions to whom
a certificate of insurance has been issued (and the
certificates of insurance furnished by the
DESIGN/BUILDER pursuant to paragraph 5.09.B
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
in, lrnnce has been issued evidence satisfactory to
OWNER and any such additional insured of
continuation of such insurance at final payment and
e03
one year thereafter).
OWNER'S 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
.4 � prcL3i3r� is *hm Sup�t?_:�r
p perty insurance upon the Constru/wi-
ft the Si
in a amount of the lull replacemst they f
(sub to such deductible amoumay be
provi din the Supplementary Condir re iced
by La and Regulations). This insui
1. Include the interestsWNER,DESIG BUILDER, Subcontraand anyother p ns or entities inin theSuppleme ry Conditions, eacwhom isdeemed to ve an insurable inted shall belisted as an ' red or additional :
2. Be writt on a Builde s Risk "all-risk" or
open peril or spe causes of oss policy form that
shall at least includ ran for physical loss and
damage to the Coas ct1171, temporary buildings,
falsework and all tols and equipment in
transit, and shall ins a against at least the
following perils or cau a of loss: fire, lightning,
extended coverage, t ft, dalism and malicious
mischief, earthqua , co se, debris removal,
demolition occasi0 d by enf cement of Laws and
Regulations, wat damage, an such other perils .
or causes of loss may be spe tally required by
the Suppleme ry Conditions;
3. Incl9de expenses incurred in he repair or
replacemeyl of any insured property (t cluding but
not limit98 to fees and charges of engineers and
4.1 Cover materials and equipment st ed at
the ite or at another location that was agre d to
in ting by OWNER prior to being incorpor ed
i the Construction, provided that such materi s
r-.rp..�....... ..,. .--•-••--rr.-I__ _j ...I..__.,
10
WNER and DESIGNBUILDERwith thirty
tten notice to each other additional insure
wh m a certificate of insurance has been is.,
and
6. Allow partial utilization in accords a with
gra h 5.08.
ESIGNBUILDER by appropriate Change Order
tten Amendment. Prior to commencement of
Wok at the Site, OWNER shall in writing a
DE GNBUILDER whether or not such tE
insura ce has been procured by OWNER.
5.05 )diver of Rights
B. O R shall purchase and ma' tain such
boiler and ma ery insurance or additio al
A. O R and DESIGNBUIL.DE intend that
property
insurance as m be required by the S pplementary
all policies urchased in accordance wi paragraph
5.04 will p tect OWNER, DESI BUILDER,
Conditions or La s and Regulations wh' h will include
Engineers, Su ntractors, and all oth individuals or
the interests o OWNER, DESI NBUILDER,
Subcontractors, '
entities indicate in the Supplement Conditions to
an any other indi uals or entities
indicated in the Su plementary C ditions, each
be listed as ins u eds or additiona insureds in such
of
whom is deemed to h ve an insura a interest -and shall
policies and will pr vide primary co erage for all losses .
and damages taus by the pe ' or causes of loss
be listed as an insure or additio al insured
covered thereby. such licies shall contain
C. All the polici of insurance (and the
provisions to the effe that in a event of payment of
any loss or damage the ' r will have no rights of
certificates or other evid ce hereof) required to be
recovery against any o th insureds or additional
purchased and maintained OWNER in accordance
insureds t h e r e u n d OWNER a n d
with paragraph 5.04 _ will contain a provision or
DESIGN/BULL.DER waiv 11 rights against each other
endorsement that the cov r e afforded will not be
and their respective offi ts, ' ectors, employees and
cancelled or materially an d or renewal refused
'or
agents for all losses and ma s caused by, arising out
until at least 30 days' tten notice has been
of or resulting from a of the erils or causes of loss
given to DESIGNS ILDER d to each other
additional insured to hom a ce ificate of insurance
covered by such p 'ties and any other property
has been issued and . contain iver provisions in
insurance applicabl to the Wo ; and, in addition,
waive all such righ against Subco actors, Suppliers,
accordance with pa graph 5.05.A.
Engineers and all ther individuals entities indicated
D. OVINE shall not be r sponsible for
in the Supple entary Conditions o be listed as
insureds or ad tional insureds under cb policies for
purchasing and aintaiaing any prope insurance to
losses and d ages so caused. None of the above
protect the interests of DESIG BUILDER,
Subcont-racto Suppliers, Engineers or hers in the
waivers shall tend to the rights that any artymaking
Work to the extent of any deductible amou is that
such waive may have to the proceeds insurance
are
identified i the Supplementary Conditions. The risk
held by O NER as trustee or otherwise pa ble under
any poll sc issued. In addition, OWNER aives all
Of loss wi in such identified deductible am unt, will
rights ainst DESIGN/BUILDER, Subcon actors,
be born by DESIGN/BUILDER, Subcontr for or
Engin rs and Suppliers and the officers, di ctors,
others ffering any such loss and if any of them 'shes
empl yees and agents of any of them for bu 'ness
prope y insurance coverage within the limits o such
inte ption, loss of use of OWNER's property an ny
amo ts, each may purchase and maintain it a the
of r consequential damages caused by, arising out f
pur aser's own expense.
o resulting from any of such insured perils or taus
E. If DESIGNBUILDER requests in writing tha
be
eat i�sx�aliesuffinse
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 snake 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
5.07 Acceptance of Bonds and Insurance, Option to
Replace
or lfhqrance required to be purchased and ma' ed
by the 6rkqr party in accordance with Arti on the
basis .Df th not complying wit a Contract
Documents, the sting par all so notify the
other parry in writing i n days after receipt of
the certificates (or otbe vi ce requested) required
by paragraph 04.B. OWNER and
DESIGNBU ER shall each prove to the other
such ad onal information in respect o ' surance
pro ' ed as the other may reasonably requ If
the of the Work, or of.such failure t mtain
prior to any a in the required age. Without
prejudice to any oche t medy, the other party
may elect to obtain a e (ands or insurance to
protect such r parry's interests a expense of
the bo was supposed to provide suc rage,
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 DESIGNJBUILDER shall be obtained
from surety or insurance companies that are duly
Iicensed 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
/;14;9p _L-11 A..1:....- •.. TL-OT!^_*i mTTTT T\TT1
Walai—I ta-a�c2t--acldit'
Supplem nditions, certi iicat surance
(and other evidence rance requested by
DESIG or any other a ured)
ARTICLE 6--DESIGN/BUILDER'S
RESPONSIBILTITES
6.01 Design Professional Services
A. Standard of .Care. DESIGNBUILDER shall
perform or furnish Design Professional Services and
related services in all phases of the project. lire
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, DESIGN/BUIIDER shalt:
1. 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 8.01.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 geotechnicai and
related information which it deems necessary for
performance of the Work.
5. On the basis of the Conceptual Documents
and DESIGNBUILDER's 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
DESIGN/BUIIDER shall:
1. 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
DESIGN/BUMDER 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-
1. 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. DESIGN/BUILDER shall keep on the Site at
all times during construction a competent resident
superintendent, who shall not be replaced without
written notice to OWNER except under extraordinary
circumstances. The superintendent will be
DESIGNBUILDER'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. DESIGN/BUILDER 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 Iegal holiday without
OWNER's written consent, --List ..Q no;t_
B. Unless otherwise specified in the Contract
Documents, DESIGNBUILDER shall furnish or cause
to be furnished and assume full responsibility for
materials, equipment, labor, transportation,
.construction equipment and machinery, tools,
appliances, fuel, power, light, heat, 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
utilities and operations of systems and equipment-
C. All materials and equipment incorporated into
the 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.
Progress Schedule
(t6-O4
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.
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.
r0
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. 10
B. DESIGNBUILDER shall be fully responsible
to OWNER for all acts and omissions of the
Subcontractors, Engineers, Suppliers and other
individuals or entities performing or furnishing any of
the Work under a direct or indirect contract with
DESIGNBUILDER. Nothing in the Contract
Documents shall create for the benefit of any such
Subcontractor, Engineer, Supplier or other individual
or entity any contractual relationship between OWNER
and any such Subcontractor, Engineer, Supplier or
other individual or entity, nor shall it create any
obligation on the part of OWNER to pay 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. DESIGN/BUILDERshall 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.
m D. All services performed or provided to and
material and equipment supplied to
DESIGNBUILDER by a Subcontractor or Supplier
will be pursuant to an appropriate Design
Subagreement or Construction Subagreement between
DESIGNBUILDER and the Subcontractor, Engineer
or Supplier which specifically binds the Subcontractor,
Engineer or Supplier to the applicable terms and
conditions of the Contract Documents for the benefit
of OWNER. cxn,a..e.,e_ R ,.ti
ad onal insured on the property insurance pro ' ed
in pa h 5.04.A or S.o4.B, the agreemen etween
the DESI UILDER and the S ntractor,
Engineer or Su ier will contain p tsions whereby
the Subcontractor, gineer o upplier waives all
rights against OW DESIGNBUILDER,
OWNER's Consultant a all other additional
insureds for all los and dam s caused by. any of
the perils or ca s of loss covered b ch policies and
any other erty insurance applicable the Work.
If the ' rers on any such policies require arate
war forms to be signed by any Subcontr or,
tisa..raiRc.
6.06 Patent Fees and Royalties
A. DESIGNBUILDER shall pay all license fees
and royalties and assume all costs incident to the use
in the performance of the Work or the incorporation
in the Work of any invention, design, process, product
or device which is the subject of patent rights or
copyrights held by others. If a particular invention,
design, process, product or device is specified in the
Conceptual Documents for use in the performance of
the Construction and if to the actual knowledge of
OWNER its use is subject to patent rights or
copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights shall be
disclosed by OWNER in the Conceptual Documents.
To the fullest extent permitted by Laws and
Regulations, DESIGNBUILDER shall indemnify and
hold harmless OWNER, from and against all claims,
costs, losses and damages (including but not limited to
all fees and charges of engineers, architects, attorneys
and other professionals and all court or arbitration or
other dispute resolution costs) arising out of or
resulting from any infringement of patent rights or
copyrights incident to the use in the performance of
the Work or resulting from the incorporation in the
Work of any invention, design, process, product or
device not specified in the Conceptual Documents.
15
6.07 Permits
A. Unless otherwise provided in the Contract
Documents, DESIGNBUILDER shall directly or
through one or more Subcontractors obtain and pay for
all necessary permits and licenses. OWNER shall
assist DESIGNBUILDER, when necessary, in
obtaining such permits and licenses.
DESIGNBUILDER shall pay all governmental
4 charges and inspection fees necessary for the
ton
prosecution of the Construction, which are applicable
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. DESIGN/BUILDER shall give all notices and
comply with all Laws and Regulations of the place of
the Project which are applicable to furnishing and
performance of the Work. Except where otherwise
expressly required by applicable Laws and Regulations,
OWNER shall not be responsible for monitoring
DESIGN/BUILDER's,compliance with any Laws or
Regulations.
B. If DESIGNBBUILDER 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 Taxes
A. DESIGNBUILDER shall pay all sales,
consumer, use, gross receipts and other similar taxes
required to be paid by DESIGNBBUILDER in
accordance with the Laws and Regulations of the place
of the Project which are applicable during the
performance of the Work.
6.10 Use of Site and Other Areas
A. DESIGNBUILDER shall confine construction
equipment, the storage of materials and equipment and
the operations of construction workers to those lands
and areas permitted by the OWNER and other land
and areas permitted by Laws and Regulations, rights -
of -way, permits and easements, and shall not
unreasonably encumber the premises with construction
equipment or other materials or equipment.
DESIGNBUILDER shall assume full responsibilityfor
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 indemnifiedhereunder to the extent caused
by or based upon DESIUILDER's performance
of the Construction. YM
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 DESIGNBBUILDER
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
to 95 percent of the DESIGNBUILDER's Fee.
B. Final Payment. Upon final completion and acceptance of the Work in accordance
with paragraph 13.09 of the General Conditions and statutorily required procedures as set forth in
Supplementary Condition 16, OWNER shall pay remainder of the Contract Price.
Article 9. DESIGNBUILDER'S REPRESENTATIONS
9.01. DESIGNBUILDER makes the following representations:
A. DESIGN/BUILDER has examined and carefully studied the Contract Documents
(including the Addenda) listed in paragraphs 11.0l.A through J but excluding the documents
described in paragraph 11.01.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.
E. DESIGNBUILDER is aware of the general nature of work to be performed by
OWNER and others at the Site that relates to the Work as indicated in the Contract Documents.
F. DESIGNBUILDER has correlated the information known to DESIGNBUILDER,
information and observations obtained from visits to the Site, reports and drawings identified in the
Contract Documents and all additional examinations, investigations, explorations, tests, studies and
data with the Contract Documents.
G. DESIGNBUILDER has given OWNER written notice of all conflicts, errors,
ambiguities or discrepancies that DESIGNBUILDER has discovered in the Contract Documents
and the written resolution thereof by OWNER is acceptable to DESIGNBBUILDER, 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.
4
C. DESIGN/BUILDER 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.
6.13 Safety and Protection
A. DESIGNBUILDER shallbe 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. DESIGN/BUILDER shall notify
owners of adjacent property and of underground
facilities and utility owners when prosecution of the
Work may affect them, and shall cooperatewith 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 DESIGNlBUILDER, 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 Representative
A. DESIGNBUILDER shall designate a qualified
and experienced safety representative at the Site whose
duties and responsibilities shall be the prevention of
accidents and the maintaining and 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
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
DESIGN/BUILDER in response to such an
emergency, a Work Change Directive or Change Order
will be issued to document the consequences of such
action.
6.16 Subminals
A. OWNER will review and approve Submittals in
accordance with the schedule of required Submittals
accepted by OWNER as required by paragraph 2.06.A.
OWNER's review and approval will be only to
determine if the items covered by the Submittals will,
after installation or incorporation in the construction,
conform to the information given in the Contract
Documents and be compatible with the design concept
of the completed Project as a functioning whole as
indicated by the Contract Documents. OWNER's
review and approval will not extend to means,
methods, techniques, sequences or procedures of
construction (except where a particular means, method,
technique, sequence or procedure of construction is
specifically and expressly called for by the Contract
Documents) or to safety precautions or programs
incident thereto. The review and approval of a
separate item as such will not indicate approval of the
assembly in which the item functions.
DESIGN/BUIIDER 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
,Submivak shall not relieve DESIGNBUILDER from
responsibility for any variation from the requirements
of the Contract Documentsualess DESIGN/BUILDER
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
DESIGNIBUILDER and OWNER may otherwise
agree in writing.
6.18 DESIGNIBUILDER's General Warranty and
Guarantee
A. DESIGNBUILDERwarrantsand 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
maintenance or operation by persons other than
DESIGNBUILDER, Subcontractors or Suppliers;
or
2. Normal wear and tear under normal usage.
B. DESIGNBUILDER'sobligationtoperformand
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:
1. Observations by OWNER;
2. The making of any progress or final pay-
ment; .
18
3. The issuance of a certificate of Substantia
Completion;
4. Use or occupancy of the Work or any part
thereof by OWNER;
5. Any acceptance by OWNER or any failure
to do so;
under paragraph 6.19.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
6. Any review and approval of a Submittal; DESIGNBUILDER under paragraph 6.19 shall not
extend to the liability of OWNER's Consultants,
7. Any inspection, test or approval by others; officers, directors, employees or agents arising out of
or the preparation or approval of maps, drawings,
opinions, reports, surveys, designs, or specifications.
8. Any correction of defective Construction by
OWNER.
ARTICLE 7—OTHER CONSTRUCTION
6.19 Indemnification
A DESIGN/BUILDER shall indemnify and bold
harmless OWIvTER, OWNER's officers, directors,
employees, agents and consultants from and against all
claims, costs, losses and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys and other professionals and all court or
arbitration or other dispute resolution costs) arising
out of or resulting from the performance of
Construction, provided that any such claim, cost, loss
or damage is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of
tangible property (other than the Work itself),
including the loss of use resulting therefrom, but only
to the extent such claim, cost or damage is caused by
any negligent act or omission of 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.
B. In any and all claims against OWNER or any
of their respective consultants, agents, officers, direc-
tors or employees by any employee (or the survivor or
personal representative of such employee) of
DESIGNBUILDER, any Subcontractor, any Engineer,
any Supplier, any individual or entity directly or
indirectly employed by any of them to perform or
furnish any of the Work or anyone for whose acts any
of them may be liable, the indemnification obligation
7.01 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
snake a claim therefor as provided in Article 9 if
DESIGNBUILDER believes that such performance
will involve additional expense to DESIGNBUILDER
or requires additional time and the parties are unable
to agree as to the amount or extent thereof.
B. DESIGNBUILDER shall afford each other
contractor who is a party to such a direct contract and
each utility owner (and OWNER, if OWNER is
performing the additional work with OWNER's
employees) proper and safe access to the Site and a
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
several parts come together properly and integratewith
19
such other work. D£SIGNBUILDER shall not
endanger any work of others by cutting, excavating or
otherwise altering their work and will only cut or alter
their work with the written consent of OWNER and
the others whose work will be affected. The duties and
responsibilities of DESIGN/BUILDER 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
DESIGNBUMDER's Work depends upon work
performed or services provided by others under this
Article 7, DESIGNBUILDER shall inspect such other
work and appropriate instruments of service and
promptly report to OWNER in writing any delays,
defects or deficiencies in such other work or services
that render it unavailable or unsuitable for the proper
execution and results of DESIGNBUILDER's Work.
DESIGN(BUILDER's failure so to report will
constitute an acceptance of such other work as fit and
proper for integration with DESIGN/BUILDER's
Work except for latent or nonapparent defects and
deficiencies in such other work.
7.02 Coordination
A. If OWNER contracts with others for the
performance of other work on the Project at the Site,
the following will be set forth in Supplementary
Conditions:
1. 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 S—OWNER'S RESPONSIBIL=S
8.01 Genera!
A. OWNER shall do the following in a timely
manner so as not to delay the services of
DESIGNBUIL.DER.
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.
satt to DESIGN/BUIL.DER, that s ent
funds are a bie and committe the entire
cost of the Proje e c reasonable evi-
dence is furnishe UILDER is not
required to ence or contra Work, or
may ' ch evidence is not mesente . in a
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 asset forth in
paragraph 4.01.A.
6. Furnish to DESIGNlBUILDER, 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:
20
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
DESIGNB=ER 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 6.16A
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. OWNEWs responsibilities in respect of
purchasing and maintaining liability and property
insurance are set forth in paragraphs 5.03A through
5.04.E.
8.02 Scope of OWNER'sSafety and Hazardous Warne
I. Responsibiiities
A The OWNER shall not supervise, direct or
ihave control or authority over, nor be responsible for,
DESIGN/BUILDEWs means, methods, techniques,
sequences or procedures of construction or the safety
;precautions and programs incident thereto, or for any
failure of DESIGN/BUILDER to comply with Laws
and Regulations applicable to the furnishing or perfor-
� ance of the Work. OWNER will not be responsible
for DESIGN/BUIlDER's failure to perform or furnish
the Work in accordance with the Contract Documents.
8.03 Resident Project Representation
A. OWNER may furnish. a Resident Project
Representative to observe the performance of
Construction. The duties, responsibilities and
limitations of authority of any such Resident Project
Representative and assistants will be as provided in the
Supplementary Conditions.
(ARTICLE 9—CSANGES IN THE WORK; CLAIMS
9.01 General --Rights and Obligations
A. Without invalidatingthe Agreement and without
notice to any surety, OWNER may, at any time or
from time to time, order additions, deletions or
revisions in the Work within the general scope of the
contract by a Written Amendment, a Change Order, or
a Work Change Directive. Upon receipt of any such
document,DESIGNBUM DERshallpromptlyproceed
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/BUII.DER 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 9.01A 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 snake 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. Ile other party shall render a decision on the
claim no more than 30 days after the receipt of the
substantiating documentation required by paragraph
9.03.A. This decision will be final and binding unless
the claiming party gives notice of intention to exercise
its rights under Article 15 within 30 days of receipt of
the decision and exercisessuch rights within 30 days of
giving the notice of intent.
9.05 Time Limit Euension
A. T'he time • limits of paragraphs 9.03.A and
9.04.A may be extended by mutual agreement.
9.06 Exceptions
A. DESIGN/BUILDER shall not be entitled to an
increase in the Contract Price or an extension of the
Contract Tiimes with respect to any Work performed
that is not required by the Contract Documents as
amended, modified and supplemented as provided in
paragraph 3.03, except in the case of an emergency as
provided in paragraph 6.15 or in the case of uncovering
Construction as provided in paragraph 12.04.
9.07 Execution of Change Orders
•A. OWNER and DESIGNBUILDER shall
execute appropriate Change Orders or Written
Amendments covering.
1. changes in the Work which are (i) ordered
by OWNER pursuant to paragraph 9.01, . (H)
required because of acceptance of defective
4 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
Tunes which are agreed to by the parties.
9.09 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 DESIGNIBUILDER for performing the Work.
B. The Contract Price may only be changed by a
Change Order or by a Written Amendment. Any claim
for an adjustment in the Contract Price shall be based
on written notice delivered by the 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:
1. Where the Work involved is covered by unit
prices contained in the Contract Documents, by
application of such unit prices to the quantities of
the items involved;
2. Where the Work involved is not covered by
unit prices contained in the Contract Documents,
by a mutually agreed lump sum (which may include
an allowance for overhead and profit not necessari-
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 following items
and shall not include any of the costs itemized in
paragraph 10.02.B:
1. Payroll costs for employees in the direct
employ of DESIGN/BUILDER in the performance
of the Work under schedules of job classifications
agreedupon 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 ifigivid@5 but-sei be limited to, sala-
ries and wages plus the cost of fringe benefits
which shall include social security
contributions, unemployment, excise and
Payroll taxes, workers' compensation, health
and iefiren+em benefits, beavaes, 5i '
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
engineers and engineering technicians provid-
ing Design Professional Services. For purposes
of this paragraph 10.02.A.1,
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 DESIGN/BUII-DER to
Subcontractors for Work performed or furnished by
Subcontractors. , ih
4. Payments made by DESIGNBUILDER to
Engineers for Design Professional Services provid-
ed or furnished by Engineers under a Design
Subagreement.
5. Costs of special. consultants (including but
not limited to testing laboratories, surveyors,
attorneys and accountants) employed for services
specifically related to the Work.
6. Supplemental costs including the following
items:
a. The proportion of necessarytransporta-
tion, travel and subsistence expenses of DE-
SIGN/BUILDER's employees incurred in
discharge of duties connected with the. Work.
b. Cost, including transportation and
maintenance, of all materials, supplies, equip-
ment, machinery, appliances, office and tempo-
rary facilities at the Site and hand tools not
owned by the workers, which are consumed in
the performance of the Work, and cost less
market value of such items used but not con-
sumed which remain the property of
DESIGNBUILDER.
WO
c. Rentals of all Work equipment and
machinery and the parts thereof whether
rented from DESIGN/BUILDER 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 liable, imposed by Laws
and Regulations.
e. Deposits lost for causes other than
negligence of DESIGNBUILDER, any
Subcontractor or anyone directly or indirectly
employed by any of them or for whose acts any
of them may be liable, and royalty payments
and fees for permits and licenses.
f. Losses, damages and related expenses
caused by damage to the Work not compensat-
ed by insurance or otherwise, sustained by
DESIGN/BUII.DER in connection with the
furnishing and performance of the Work pro-
vided they have resulted from causes other
than the negligence of DESIGNBUILDER,
any Subcontractor, or anyone directly or
indirectly employed by any of them or for
whose acts any of them may be liable. Such
losses shall include settlements made with the
written consent and approval of OWNER. No
such losses, damages and expenses shall -be
included in the Cost of the Work for the
purpose of determining DESIGNBUILDER's
fee. If, however, any such loss or damage
requires rework and DESIGNBUILDER is
placed in charge thereof, DESIGNBUILDER
shall be paid for services a fee proportionate to
that stated in paragraph 10.02.C.
g. The cost of utilities, fuel and sanitary
facilities at the Site.
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 F=Iuded: The term Cost of the Work
shall not include any.of the following.
1. Payroll costs and other compensation of
DESIGNBUILDER's officers, executives, princi-
pals (of partnerships and sole proprietorships),
general managers, engineers, architects, estimators,
attorneys, auditors, accountants, purchasing and
contracting agents, expediters, timekeepers, clerks
and other personnel employed by
DESIGNBUILDER whether at the Site or in
DESIGNBUILDER's principal or a branch office
for general administration of the Work and not
specifically included in the agreed upon schedule of
job classifications referred to in paragraph
10.02.A.1 — all of which are to be considered
administrative costs covered by the
DESIGNBUILDER's fee.
2. Expenses of DESIGNBUILDER's,princi-
pal and branch offices other than
DESIGNBUILDER's office at the Site.
3. Any part of DESIGN/BUILDER's capital
expenses, including interest on
DESIGN/BUILDER's capital employed for the
Work and charges against DESIGNBUILDER for
delinquent payments.
4. Costs due to the negligence of
DESIGNBUILDER, any Subcontractor, or anyone
directly or indirectly employed by any of them or
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
S. 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 DESIGN/BUILDER's fee allowed to
DESIGNBUILDER for overhead and profit on
Change Orders priced by paragraph 10.01.C3 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
DESIGNBUI DER's fee shall be 1-6- percent;
�C b. For costs incurred under paragraph
10.02.A.3 and 10.02.A.4, the
DESIGN/BUI DER'sfeeshallbe€teepercent;
c. Where one or more tiers of subcon-
tracts are on the basis of Cost of the Work
plus a fee and no fixed fee is agreed upon, the
intent of paragraphs 10.02.A.1, 10.02.A.2 and
10.02.A.3 is that the Subcontractor who
actually performs or furnishes Work, at
whatever tier, will be paid a fee of 15 percent
of the costs incurred by such Subcontractor
itunder 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
DESIGN/BUILDER's fee by an amount equal
to &ue percent of such net decrease; and
e. When both additions and credits are
involved in anv one change, the adjustment in
DESIGNBUII.DER's fee shall be computed
on the basis of the net change in accordance
withparagraphs 10.02.C.2.athrough 10.02.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.B, DESIGNBUILDER will establish and
maintain records thereof in accordance with generally
accepted accounting practices and 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.
1. The allowances include the cost to DE-
SIGN/BUILDER (less any applicable trade dis-
counts) of materials and equipment requiredby 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
M
not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price. Determinations of the actual quantities and
classifications of Unit Price Work performed by
DESIGNBUILDER will be made by OWNER.
B. Each unit price will be deemed to include an
amount considered by DESIGN/BUILDER to be
adequateto cover DESIGNBUILDER'soverhead and
profit for each separately identified item.
C. DESIGN/BUILDER 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. DESIGNIBUILDER believes that
DESIGNBUIIDER 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.
4ARTICLE 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
W1
11.02 Tune Etzensions
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 DESIGN/BUILDER, 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 act 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 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 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 YAW
12.01 Notice of Defects
A. Prompt written notice . of all defective
Obnstruction of which OWNER has actual knowledge
'willbe given to DESIGN/BUILDER by OWNER. All
defective Construction may be rejected, corrected or
accepted as provided in this Article 12.
Article 10. ACCOUNTING RECORDS
10.0 DESIGNBUILDER shall keep such full and detailed accounts as may be necessary for
proper financial management under the Contract Documents with respect to all materials, equipment
and labor entering into the Work. The accounting methods shall be satisfactory to OWNER.
OWNER shall be afforded reasonable access to all of DESIGNBUILDER's records, books,
correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to
the Cost of Work and DESIGNBUILDER's Fee. DESIGNBUILDER shall preserve all such
documents for a period of three years after final payment by OWNER.
Article 11. CONTRACT DOCUMENTS
11.01 The Contract Documents which comprise the entire agreement between OWNER and
DESIGNBUILDER concerning the Work consist of the following:
A. This Agreement (pages 1 to 8, inclusive).
B. Exhibits to this Agreement (pages 0 to 0, inclusive).
C. OWNER's Request for Proposal No. P-703, along with Conceptual Documents
identified therein.
D. DESIGNBUILDER's Proposal in Response to OWNER's Request for Proposal No.
P-703, dated January 28, 1999.
E. Notices to Proceed.
F. Performance, payment, and other Bonds, identified as Section 00600, consisting of
six (6) pages.
G. Standard General Conditions of the Contract Between Owner and Design/Builder
(pages 1 to 36, inclusive).
H. Supplementary Conditions (pages 0800-1 to 0800-25 inclusive).
I. Addenda numbers 1 through 2 inclusive.
J. Trend Log Summary consisting of one (1) page,
Fort Collins Office Building Adds & Deducts consisting of one (1)page,
Labor & Equipment Billing Rate consisting of one (1) page,
Milestone Schedule Dated May 19, 1999 consisting of one (1) page,
Preliminary Drawings, consisting of three (3) pages,
submitted by DESIGNBUILDER prior to Notice of Award.
5
12.02 Access to Construction
A. OWNER, OWNER's Consultants, other
representatives and personnel of OWNER,
independent testing laboratories and governmental
agencies with jurisdictional interests will have access to
the Construction at the Site at reasonable times for
their observation, inspecting and testing.
DESIGNBUILDER shall provide them proper and
safe conditions for such access and advise them of
DESIGN/BUILDER'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 ore
Regulations of any public body having jurisdiction
require any part of the Construction specifically to be
;inspected, tested or approved, DESIGNBUILDER
shall assume full responsibility for arranging and
obtaining such inspections, tests or approvals, pay all
costs in connection therewith, and furnish OWNER the
required certificates of inspection or approval.
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. DESIGNBBUILDER 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 DESIGN/BUII.DER's intention to cover the same
and OWNER has not acted with reasonable
promptness in response to such notice.
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, DESIGN/BUILDER 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,
attorneys 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
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
P*I
Construction will not give rise to any duty on the part
of OWNER to exercise this right for the benefit of
DESIGNBUILDER or any other party.
12.06 Correction or Removal of Defective Construction
A OWNER will have authority to disapprove or
reject defective Construction and will have authority to
require special inspection or testing of the
Construction whether or not the Construction is
fabricated, installed or completed. If required by,
OWNER, DESIGNBUILDER shall promptly, ag
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, DESIGNBBUILDER shall promptly, without
cost to OWNER and in accordance with OWNER's
written instructions, (i) correct such defective
Construction, or, if it has been rejected by OWNER,
remove it from the Site and replace it with
Construction that is not defective, and (ii) satisfactorily
correct or remove and replace any damage to other
Construction or the work of others resulting therefrom.
If DESIGNBUILDER does not promptly comply with
the terms .of such instructions, or in an emergency
where delay would cause serious risk of loss or
damage, OWNER may have the defective Construction
corrected or the rejected Construction removed and
replaced, and all costs and damages caused by or
resulting from such removal and replacement
(including but not limited to all fees and charges of
engineers, architects, attorneys and other professionals,
all court or arbitration or other dispute resolution
costs, and all costs of repair or replacement of work of
others) will be paid by DESIGNBUILDER.
B. In special circumstances where a particular item
of equipment is placed in continuous service before
Substantial Completion of all the Construction, the
correction period for that item may start to run from
an earlier date if so provided in the Specifications or
by Written Amendment.
4toC. Where defective Construction (and damage to
ther Construction resulting therefrom) has been
oorrected, removed or replaced under this paragraph
12.07, the correction period hereunder with respect to
such Construction will be extended for an additional
period of one year after such correction or removal
and replacement has been satisfactorily completed.
12.08 Acceptance of Defective Construction 4
A. If instead of requiring correction or removal
and replacement of defective Construction, OWNER
prefers to accept it, OWNER may do so.
DESIGNBUILDER shall pay all costs attributable to
OWNER's evaluation of and determination to accept
such defective Construction (such costs to include but
not be limited to all fees and charges of engineers,
architects, attorneys and other professionals and all
court or arbitration or other dispute resolution costs).
If any such acceptance occurs prior to final payment,
a Change Order will be issued incorporating the
necessary revisions in the Contract Documents with
respect to the Construction; and OWNER shall be
entitled to an appropriate decrease in the Contract
Price, and, if the parties are unable to agree as to the
amount thereof, OWNER may make a claim therefor
as provided in Article 9. If the acceptance occurs after
final payment, an appropriate amount will be paid by
DESIGNBUILDER to OWNER.
40
Aggloym A If DESIGNBBUILDER 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
12.09 OWNER May Correct Defective Construction
28
in accordance with the Contract Documents, or if
ARTICLE 13--PAYMENTS TO DESIGNBUILDER
DESIGNBUILDER fails to comply with any other
AND COMPLETION
provision of the Contract Documents, OWNER may,
after seven days' written notice to
DESIGNBUILDER, correct and remedy any such
13.01 Schedule of Values
deficiency. In exercisingthe rights and remedies under
this paragraph OWNER shall proceed expeditiously.
A. The Schedule of Values established as provided
In connection with such corrective and remedial action,
in paragraph 2.06.A will serve as the basis for progress
OWNER may exclude DESIGNBUILDER from all or
payments and will be incorporated into a form of
part of the Site, take possession of all or part of the
Application for Payment acceptable to OWNER.
Construction, and suspend DESIGNBUILDER's
Progress payments on account of Unit Price Work will
services related thereto, take possession of
be based on the number of units completed.
DESIGNBUILDER's tools, appliances, construction
equipment and machinery at the Site and incorporate
13.02 Application for Progress Payment
in the Construction all materials and equipment stored
at the Site or for which OWNER has paid
A. At least twenty days before the date established
DESIGNBUILDER but which are stored elsewhere.
for each progress payment (but not more often than
DESIGNBUILDER shall allow OWNER, OWNER's
once a month), DESIGNBUILDER shall submit to
representatives, agents and employees, OWNER's
OWNER for review an Application for Payment filled
other contractors and Consultants access to the Site to
out and signed by DESIGNBUILDER covering the
enable OWNER to exercise the rights and remedies
Work completed as of the date of the Application and
under this paragraph. All costs and damages incurred
accompanied by such supporting documentation as is
or sustained by OWNER in exercising such rights and
required by the Contract Documents. If payment is
emedies will be charged against DESIGNBUILDER
requested on the basis of materials and equipment not
and a Change Order will be issued incorporating the
incorporated in the Work but delivered and suitably
necessary revisions in the Contract Documents and
stored at the Site or at another location agreed to in
OWNER shall be entitled to an appropriate decrease
writing, the Application for Payment shall also be
in the Contract Price, and, if the parties are unable to
accompanied by a bill of sale, invoice or other
agree as to the amount thereof, OWNER may make a
documentation warranting that OWNER has received
claim therefor as provided in Article 9. Such costs and
the materials and equipment free and clear of all Liens
damages will include but not be limited to all fees and
and evidence that the materials and equipment are
charges of engineers, architects, attomeys and other
A10covered by appropriate property insurance and other
professionals, all court or arbitration or other disputelU
arrangements to protect OWNER's interest therein, all
resolution costs and all costs of repair or replacementIft
of which will be satisfactory to OWNER. The amount
of work of others destroyed or damaged by correction,
of retainage with respect to progress payments will be
removal or replacement of DESIGNBUILDER's
as stipulated in the Agreement.
defective Construction. DESIGNBBUMDER shall not
be allowed an extension of the Contract Times (or
13.03 DESIGNIEUMDER's Warranty of T-ule
..Milestones) because of any delay in the performance of
the Construction attributable to the exercise by
A. DESIGNBUILDER warrants and guarantees
OWNER of 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.
29
13.04 Progress Payments 4
A. Progress payments shall be made by the
OWNER to the DESIGNBUILDER according to the
following procedure:
1. OWNER will, within ten days of receipt of
each Application for Payment, either indicate in
writing its acceptance of the Application and state
that the Application is being processed for payment,
or return the Application to DESIGNBUILDER
indicating in writing its reasons for refusing to
accept the Application. Not more than ten days
after accepting such Application the amount will
become due and when due will be paid by OWNER
to DESIGNBUILDER.
0 2. If the OWNER should fail to pay the
DESIGNBUILDER at the time the payment of
any amount becomes due, then
DESIGNBUILDER may, at any time thereafter,
upon serving written notice that he will stop the
Work within seven days after receipt of the notice
by the OWNER, and after such seven day period,
stop the Work until payment of the amount owing
has been received. Written notice shall be deemed
to have been duly served if sent by certified mail to
the last known business address of the OWNER.
3. Payments due but unpaid shall bear interest
at the rate specified in the Agreement.
4. No Progress Payment nor any partial or
entire use or occupancy of the Project by the
OWNER shall constitute an acceptance of any
Work not in accordance with the Contract
Documents.
B. OWNER may refuse to make the whole or any
part of any such payment, or because of subsequently
discovered evidence or the results of subsequent
inspections or tests, nullify any previous payment, to
the extent that is reasonably necessary to protect
OWNER from loss because:
1. The Work is defective, or completed Work
has been damaged requiring correction or
replacement; or
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 A3 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 i^
is made.
13.05 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
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 reasonabie access to complete or
correct items on the list of items to be completed.
13.06 Partial Utilization
A. Use by OWNER at OWNER's option of any
substantially completed part of the Construction which
(i) has specifically been identified in the Contract
Documents, or (ii) OWNER and DESIGNBUILDER
agree constitute a separately functioning and usable
part of the Construction that can be used by OWNER
for its intended purpose without significant interference
with DESIGNBUILDER's performance of the
remainder of the Construction, may be accomplished
prior to Substantial Completion of all the Construction
subject to the following:
1. OWNER at any time may request
DESIGN/BUII.DER 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
apply with respect to certification of Substantial
Completion of that part of the Construction and
the division of responsibility in respect thereof and
access thereto.
2. No occupancy or separate operation of part
of the Construction will be accomplished prior to
compliance with the requirements of paragraph
5.08 in respect of property insurance.
13.07 Final Inspection
A. Upon written notice from DESIGNBUILDER
that the entire Construction or an agreed portion
thereof is complete, OWNER will make a final
inspection with DESIGNBUILDER and will notify
DESIGN/BUILDER 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.B, 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 (iii) 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,
DESIGNBBUMDER may furnish a Bond or other
collateral satisfactory to OWNER to indemnify
OWNER against any Lien.
13.09 Final Payment and Acceptance YJ
A. If OWNER is satisfied that the Work has been
completed and DESIGN/BUILDER'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
DESIGNBUII,DER that the Work is acceptable.
Otherwise, OWNER will return the Application to
DESIGNlBUII-DER, 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
that -portion 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
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 andacceptance of final payment
will constitute:
1. A waiver of all claims by OWNER against
DESIGNBUILDER, except claims arising from
unsettled Liens, from defective Construction
appearing after final inspection pursuant to
paragraph 13.07, from failure to comply with the
Contract Documents or the terms of any special
guarantees specified therein, or from
DESIGNBUILDER'scontinuing obligationsunder
the Contract Documents; and
2. A waiver of all claims by
DESIGNBBUILDER against OWNER other than
those previously made in writing and still unsettled.
ARTICLE 14--SUSPENSION OF WORK AND
TERMINATION
14.01 Owner May Suspend Work
A. At any time and without cause, OWNER may
suspend the Work or any portion thereof for a period
of not more than 90 days by notice in writing to
DESIGNBUILDER which will fix the date on which
Work will be resumed. DESIGNBBUILDER shall
resume the Work on the date so fixed.
DESIGNBUIL.DER 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:
32
1. 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. DESIGN/BUILDER otherwise violates in
any substantial way any provisions of the Contract
Documents.
B. OWNER may, after giving
DESIGN/BUII DER (and the surety, if any) seven
days' written notice and to the extent permitted .by
Laws and Regulations, terminate the services of
DESIGNBUILDER, exclude DESIGNBUILDER
from the Site and take possession of the Work and of
all DESIGNBUILDER's tools, appliances,
construction equipment and machinery at the Site and
use the same to the full extent they could be used by
DESIGN/BUILDER (without liability to
DESIGNIBUI DER 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 DESIGN/BUILDER shall not be entitled
to receive any further payment until the Work is
finished. If the unpaid balance of the Contract Price
exceeds all costs, losses and damages sustained by
OWNER arising out of or resulting from completing
the Work (including but not limited to all fees and
charges of engineers, architects, attorneys and other
professionals and all court or arbitration or other
dispute resolution costs) such excess will be paid to
DESIGNBUILDER. If such costs, losses and
damages exceed. such unpaid balance,
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'sserviceshavebeen
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, DESIGNBUIDER shall be paid (without
duplication of any items) for:
1. Completed and acceptable Work executed
in accordance with the Contract Documents prior
to the effective date of termination, including fair
and reasonable sutras 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;
7 A q%a
T�T�le a 1.
::Isgitiedinclug but not limited t es andnchite orneys and other
and rt itration or other
ton costs incurred in co n with
gagiaS&PS and sop"iiers); and
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 DESIGNBUILDER 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 I= known by the
sender.
16.02 Computation of lbnes
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 parry'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 limitations or
repose.
16.04 Cumulative Remedies
A. The duties and obligations imposed by these
General Conditions and the rights and remedies
available hereunder to the parties hereto, and, in
particular but without limitation, any general or
specific warranties, guarantees and indemnities
imposed upon 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 (1995 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.B-15.0l.F.
B. OWNER and DESIGNBUILDER agree that
they will first submit any and all unsettled claims,
counterclaims, disputes and other matters in question
between them arising out of or relating to the Contract
Documents or the breach thereof ("disputes"), to
itmediation by
prior to either of them initiating against the other a
demand for arbitration pursuant to paragraph 15.01.0
through 15.01.F, unless delay in initiating arbitration
would irrevocably prejudice one of the parties. Any
time limits within which to file a demand for
arbitration shall be suspended with respect to a dispute
submitted to mediation within those same applicable
time limits and shall remain suspended until 10 days
after the termination of the mediation. The mediator
of any dispute submitted to mediation under this
Agreement shall not serve as arbitrator of such dispute
unless otherwise agreed.
R
C. All claims, disputes and other matters in
question between OWNER and DESIGN/BUILDER
arising out of or relating to the Contract Documents or
the breach thereof (except for claims which have been
waived by the making or acceptance of final payment
as provided by paragraph 13.10) will be decided by
binding arbitration in accordance with
subject to the limitations of this paragraph 15.01. This
agreement so to arbitrate and any other agreement or
consent to arbitrate entered into in accordance
herewith as provided in this paragraph 15.01 will be
specifically enforceable under the prevailing law of any
court having jurisdiction.
D. Notice of the demand for arbitration will be
filed in writing with the other 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 DESIGN/BUILDER involves the Work of a
Subcontractor, Supplier or Engineer eitherOWNER or
DESIGN/BUILDER may join such entity as a party to
the arbitration between OWNER and
DESIGN/BUILDER 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.
K. The following, which may be delivered, prepared or issued after the Effective Date
of this Agreement and are not attached hereto:
1. All Written Amendments and other documents amending, modifying or
supplementing the Contract Documents pursuant to paragraph 3.03.A of the
General Conditions.
2. Specifications as defined in Paragraph 1.0l.A.42 of the General Conditions.
3. Drawings as defined in Paragraph 1.0I.A. 18 of the General Conditions.
11.02 The documents listed in paragraph 11.01 above are attached to this Agreement (except as
otherwise expressly noted).
11.03 There are no Contract Documents other than those listed above in this Article 11. The
Contract Documents may only be amended, modified or supplemented as provided in paragraph
3.03.A of the General Conditions.
11.04 In the case of any irreconcilable ambiguity, inconsistency or conflict between
DESIGNBUILDER's Proposal (Section 11.01.1)) and the Request for Proposal (Section 11.0l.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 11.01, the documents
listed in Section 11.01.K shall govern, and in the case of any irreconcilable ambiguity, inconsistency
or conflict among the documents listed in Section 11.0l.K, the documents listed in Sections
11.01.K.1, Section 11.01.K.2, and Section 11.0l.K.3 shall take precedence, in the order herein listed.
Article 12. MISCELLANEOUS
12.01 The Standard General Conditions of the Contract Between Owner and Design/Builder are
referred to herein as the General Conditions.
12.02. Terms used in this Agreement which are defined in Article 1 of the General Conditions will
have the meanings indicated therein.
12.03 No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the party sought to be bound;
and, specifically but without limitation, moneys that may become due and moneys that are due may
not be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an assignment
no assignment will release or discharge the assignor from any duty or responsibility under the
Contract Documents, except that the OWNER may assign all rights and responsibilities of the
OWNER under this Agreement to the Fort Collins Capital Leasing Corporation ("FCCLC"), and
FCCLC may assign the same to the Bank of Cherry Creek, N.A., as trustee under the terms of a trust
indenture between said parties in connection with OWNER's lease Certificates of Participation
issued in connection with the Project.
31
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 ..t_;'ethEeag , 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 or
the term Work refers to Construction or Wor that is unsatisfactory, faulty or
deficient , in that it does not conform to the Contract Documents, or does not
meet the requirements of any inspection, reference standard, test or approval
referred to in the Contract Documents, or has been damaged prior OWNER's final
payment (unless responsibility for the protection thereof has been assumed by
OWNER at Substantial Completion).
20. Engineer --A duly licensed individual or entity including but not
limited to an Engineer or Architect, designated by DESIGN/BUILDER to perform or
furnish specified Design Professional Services in connection with the Work.
21. Field Order --A written order issued by OWNER which orders minor
changes in the Work in accordance with ARTICLE 9--CHANGES IN THE WORK- 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
Contract Documents.
00800-1
35. Project --The total construction of which the ^-idea Work to be
provided under the Contract Documents may be the whole, or a part as indicated,
elsewhere in the Contract Documents.
ADD the following definitions to ARTICLE 1, Paragraph 1.01, Defined Terms, of the
General Conditions:
24A. Legal Holidays --shall be those holidays observed by the City of Fort
Collins.
37A. Regular Working Hours --are defined as 7:00 am to 6:00 pm, Monday
through Friday, unless otherwise specified in the Contract Documents.
39A. Samples --Physical examples of materials, equipment, or workmanship
that are representative of some portion of the Work and which establish the
standards by which such portion of the Work will be judged.
40A. Shop Drawings --All drawings, diagrams, illustration, schedules and
other data or information which are specifically prepared or assembled by or for
DESIGN/BUILDER and submitted by DESIGN/BUILDER to illustrate some portion of the
Work.
47A. Underground Facilities --All pipelines, conduits, ducts, cables,
wires, manholes, vaults, tanks, tunnels or other such facilities or attachments,
and any encasements containing such facilities which have been installed
underground to furnish any of the following services or materials: electricity,
gases, steam, liquid petroleum products, telephone or other communications, cable
television, sewage and drainage removal, traffic or other control systems or
water.
SC-2 PRELIMINARY MATTERS
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
the Contract Times commence to run but no Work shall be done at the s� a grior
to the date on which the contract Times commence to run.
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 - crhed+l
'i�isfll
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 r== rates appropriate amount of
overhead and profit applicable to each item of Work; ....
REVISE ARTICLE 2, Paragraph 2.04.B, Before Starting Construction, by DELETING
Paragraph 2.04.B of the General Conditions and ADDING this replacement Paragraph
2.04.B:
2.04.B. Before any Work is started, DESIGN/BUILDER shall deliver to OWNER
certificates of insurance (and other evidence of insurance requested by OWNER)
which DESIGN/BUILDER is required to purchase and maintain in accordance with
ARTICLE 5--BONDS AND INSURANCE.
REVISE ARTICLE 2, Paragraph 2.06.A, Initially Acceptable Schedules, by DELETING
the first sentence of Paragraph 2.06.A of the General Conditions and ADDING this
replacement sentence at the beginning of Paragraph 2.06.A:
2.06.A. Unless otherwise provided in the Contract Documents, before any
work at the site begins, a conference attended by DESIGN/BUILDER, OWNER's
Representative, and others as designated by OWNER will be held to review for
acceptability to OWNER as provided herein the schedules submitted in accordance
with paragraph 2.04.A. ....
SC-3 CONTRACT DOCV14$NTS: INTENT, AMENDING, REUSE
ADD the following Paragraph to ARTICLE 3, Paragraph 3.01, Intent, of the General
Conditions:
3.01.C. Whenever in the Contract Documents the terms "as ordered", "as
directed", "as required", "as approved" or terms of like effect or import are used,
or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory"
or adjectives of like effect or import are used to describe a requirement,
direction, review or judgment of OWNER as to the Work, it is intended that such
requirement, direction, review or judgment will be solely to evaluate, in
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).
The use of any such term or adjective shall not be effective to assign to OWNER
any duty or authority to supervise or direct the furnishing or performance of the
Work or any duty or authority to undertake responsibility contrary to any
provision of the Contract Documents.
ADD the following Paragraph to the end of Paragraph 3.02.B in ARTICLE 3,
Paragraph 3.02, References, of.the General Conditions:
3.02.B.3. In the event of conflicting or ambiguous provisions within the
Contract Documents, specifications will take precedence over the drawings and
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
will take precedence over the less expensive. On all drawings, figures take
00800-3
precedence over scaled dimensions. Scaling of dimensions, if done, is done at
the DESIGN/BUILDER's own risk. ^%
ADD the following Paragraph to ARTICLE 3, Paragraph 3.02, References, of the
General Conditions:
3.02.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; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE
POINTS; HAZARDOUS CONDITIONS
REVISE the title of ARTICLE 4 of the General Conditions:
ARTICLE 4--AVAILABILITY OF LANDS; SUBSURFACE 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
Nason 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,
techniques, sequences and procedures of construction to be employed by
DESIGN/BUILDER and safety precautions and programs incident thereto, or
(ii) other data, interpretations, opinions and information contained in
such reports or shown or indicated in such drawings, or
(iii) any DESIGN/BUILDER interpretation of or conclusion drawn from any
"technical data" or any such data, interpretations, opinions or information.
C. Notice of Differing Subsurface or Physical Conditions: If
DESIGN/BUILDER believes that any subsurface or physical condition at or
contiguous to the site that is uncovered or revealed either:
(i) is of such a nature as to establish that any "technical data" on which
DESIGN/BUILDER is entitled to rely as provided in paragraphs 4.02.A and 4.02.B
is materially inaccurate, or
(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
adjustment in Contract Price will be subject to the provisions of paragraph
10.04; and
4. DESIGN/BUILDER shall not be entitled to any adjustment in the Contract
Price or Times if:
(i) DESIGN/BUILDER knew of the existence of such conditions at the time
DESIGN/BUILDER made a final commitment to OWNER in respect of Contract Price and
Contract Times by the submission of a bid or becoming bound under a negotiated
contract; or
(ii) the existence of such condition could reasonably have been discovered
or revealed as a result of any examination, investigation, exploration, test or
study of the site and contiguous areas required by the Request for Proposals or
Contract Documents to be conducted by or for DESIGN/BUILDER prior to
DESIGN/ BUILDER Is making such final commitment; or
(iii) DESIGN/BUILDER failed to give the written notice within the time and
as required by paragraph 4.02.0 above.
If OWNER and DESIGN/BUILDER are unable to agree on entitlement to or as to
the amount or length of any such equitable adjustment in the Contract Price or
Contract Times, a claim may be made therefor as provided in Articles 10 and 11.
However, OWNER shall not be liable to DESIGN/BUILDER for any claims, costs,
losses or damages sustained by DESIGN/BUILDER on or in connection with any other
project or anticipated project.
G. Physical Conditions --Underground Facilities:
I. Shoran or Indicated: The information and data shown or indicated in the
Contract Documents with respect to existing Underground Facilities at or
contiguous to the site is based on information and data furnished to OWNER by the
owners of such Underground Facilities or by others. Unless it is otherwise
expressly provided in the Supplementary Conditions:
a. OWNER shall not be responsible for the accuracy or completeness
of any such information or data; and
,-^N
00800-6
b. the cost of all of the following will be included in the
Contract Price and DESIGN/BUILDER shall have full responsibility for:
(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
allowed an increase in the Contract Price or an extension of the Contract Times,
or both, to the extent that they are attributable to the existence of any
Underground Facility that was not shown or indicated in the Contract Documents
and that DESIGN/BUILDER did not know of and, could not reasonably have been
expected to be aware of or to have anticipated. If OWNER and DESIGN/BUILDER are
unable to agree on entitlement to or the amount or length of any such adjustment
in Contract Price or Contract Times, DESIGN/BUILDER may make a claim therefor as
provided in Articles 10 and 11. However, OWNER shall not be liable to
DESIGN/BUILDER for any claims, costs, losses or damages incurred or sustained by
DESIGN/BUILDER on or in connection with any other project or anticipated project.
REVISE ARTICLE 4, Paragraph 4.04, Hazardous Conditions, by DELETING Paragraph
4.04 of the General Conditions and ADDING this replacement Paragraph 4.04:
4.04. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material
A. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material uncovered or revealed at the site which was not
shown or indicated in Drawings or Specifications or identified in the Contract
Documents to be within the scope of the Work and which may present a substantial
danger to persons or property exposed thereto in connection with the Work at the
site unless such substance or material should have been ascertained by
DESIGN/BUILDER in accordance with paragraph 4.02.C.(v). OWNER shall not be
responsible for any such materials brought to the site, managed, stored, or
disposed of by DESIGN/BUILDER, Subcontractors, Suppliers, or anyone else for whom
DESIGN/BUILDER is responsible.
SC-5 BONDS AND INSURANCE
00800-7
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 5.01.A, DESIGN/BUILDER shall within y ten (10)
days thereafter substitute another Bond and surety, fneetiaq the Eeq"a ents
-per' and r ^-8 both of which must be accentabie 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 respect7of professional 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
policy will have limits of $I,000,000 combined single limits (CSL).
For Paragraph 5.02.B.3: This policy will include completed operations
coverage / product liability coverage with limits of $1,000,000 combined single
limits (CSL). This policy shall also include an Umbrella Excess Liability as
follows: General liability and automobile liability insurance in an amount not
less than $1,000,000 per occurrence in excess of the above stated primary limits.
For Paragraph 5.02.C: The Professional Liability Errors & Omissions policy
will have limits of $5,000,000.
ADD the following Paragraph in ARTICLE 5, Paragraph 5.02, DESIGN/BUILDER's
Liability Insurance, of the General Conditions:
5.02.C. DESIGN/BUILDER'S Professional Liability Errors & Omissions
Insurance. DESIGN/BUILDER shall purchase and maintain such Professional
Liability Errors & Omissions insurance as is appropriate for the work being
performed and furnished and as will provide protection from claims which may
arise out of or result from DESIGN/BUILDER'S performance and furnishing of the
Work and DESIGN/BUILDER'S other obligations under the Contract Documents, whether
it is to be performed or furnished by DESIGN/BUILDER, any Subcontractor or
Supplier, or by anyone directly or indirectly employed by any of them to perform
00800-8
or furnish any of the work, or by anyone for whose acts any of them may be
liable.
REVISE ARTICLE 5, Paragraph 5.04, Property Insurance, and Paragraph 5.05, Waiver
of Rights, by DELETING the entirety of Paragraphs 5.04 and 5.05 of the General
Conditions and ADDING this replacement Paragraph 5.04:
5.04. Property Insurance
The Owner shall purchase and maintain, in a company or companies lawfully
authorized to do business in the State of Colorado, Builder's Risk insurance for
100% of the contract value for the entire project at the site on a replacement
cost basis with a deductible of $10,000 for all perils. This Builder's Risk
policy shall provide "all risk" coverage including Earthquake and Flood. The
policy shall be maintained, unless otherwise provided in the contract documents
or otherwise agreed upon in writing by all persons and entities who are
beneficiaries of such insurance, until final payment has been made or until no
person or entity other than the Owner has an insurable interest in the property
to be covered, whichever is earlier. The Builder's Risk policy shall include the
interests of the Owner, the Design -Builder, subcontractors, and sub -
subcontractors in the project.
In the event of a covered loss, the Design -Builder shall be responsible for
payment of the $10,000 deductible, which shall be considered as a cost of the
work.
A waiver of subrogation clause applies to the Builder's Risk policy against all
parties named as insureds, but only to the extent that any loss is covered.
Losses insured by the Builder's Risk policy that are in excess of the $10,000
deductible shall be adjusted strictly with the Owner. Any insurance
payments/proceeds shall be made payable to the Owner subject to the requirements
of any applicable mortgagee clause. The Owner shall pay the Design -Builder their
just share of any insurance proceeds. The Design -Builder shall pay their
subcontractors their just shares of any insurance proceeds received by the
Design -Builder, and by appropriate agreements, written where legally required for
validity, shall require subcontractors to make payments to their sub -
subcontractors in similar manner.
REVISE ARTICLE 5, Paragraph 5.07, Acceptance of Bonds and Insurance, Option to
Replace, by DELETING Paragraph 5.07.A of the General Conditions and ADDING this
replacement Paragraph 5.07.A.:
5.07.A. If OWNER has any objection to the coverage afforded by or other
provisions of the insurance required to be purchased and maintained by
DESIGN/BUILDER in accordance with Article 5 on the basis of non-conformance with
the Contract Documents, OWNER will notify DESIGN/BUILDER in writing within
fifteen (15) days after delivery of the certificates to OWNER as required by
paragraph 2.04.B.
00800-9
12.04 OWNER and DESIGNBUILDER 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.
12.05. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid
and binding upon OWNER and DESIGNBUILDER, who agree that the Contract Documents shall
be reformed to replace such stricken provision or part thereof with a valid and enforceable provision
that comes as close as possible to expressing the intention of the stricken provision.
12..06 The Contract Documents shall constitute public records under the Colorado Public Records
Act, and shall be available for public review upon request, except for the Audited Financial
Statement of DESIGNBUILDER included in DESIGNBUILDER'S Proposal.
IN WITNESS WHEREOF, OWNER and DESIGNBUILDER have signed this Agreement
in duplicate. One counterpart each has been delivered to OWNER and DESIGNBUILDER. All
portions of the Contract Documents have been signed, initiated or identified by OWNER and
DESIGNBUILDER.
This Agreement will be effective on ,J199c?
OWNER: CITY OF FORT COLLINS
By: .Q. �..�.Q.
John F. F chbach
City Manager
BY:
i (0 B. O'Neill II, CPPO
Director of Purchasing and Risk Management
Date:
. ;.....ATTEST:
City clerk
AI�dress for giving notices:
W•
THE AN COMP
By:
N e: amen il. Pre an
Titl : Presi dent
Dat
[CORPORATE SEAL]
Cdya
..-_1
r
A EST:
Address for giving notices:
cv
7
SC-6 DESIGN/BUILDER'S RESPONSIBILITIES
REVISE the final sentence in ARTICLE 6, Paragraph 6.01.A., Standard of Care, of
the General Conditions:
6.01.A. .... The standard of care for all such services performed or
furnished under this Agreement will be the care and skill ordinarily used by
members of the architectural and engineering professions practicing under similar
conditions at the same time and locality.
ADD the following sentence to the end of Paragraph 6.03.A in ARTICLE 6, Paragraph
6.03, Labor, Materials and Equipment, of the General Conditions:
6.03.A. .... DESIGN/BUILDER shall submit requests to OWNER no less than 48
hours in advance of any Work to be performed on Saturday, Sunday, Legal Holidays,
or outside Regular Working Hours.
ADD the following Paragraphs in ARTICLE 6, Paragraph 6.03, Labor, Materials and
Equipment, of the General Conditions:
6.03.B.1. Purchasing Restrictions: DESIGN/BUILDER must comply with the
City's purchasing restrictions. Copies of the resolution(s) are available for
review in the offices of the Purchasing and Risk Management Division or the City
Clerk's office.
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
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
other contractors affected by the resulting change, all of which will be
considered by OWNER in evaluating the proposed substitute. OWNER may require
DESIGN/BUILDER to furnish additional data about the proposed substitute.
3. DESIGN/BUILDER's Expense: All data to be provided by DESIGN/BUILDER in
support of any proposed "or -equal" or substitute item will be at DESIGN/BUILDER'S
expense.
4. Substitute Construction Methods or Procedures: If a specific means,
method, technique, sequence or procedure of construction is shown or indicated
in and expressly required by the Contract Documents, DESIGN/BUILDER may furnish
or utilize a substitute means, method, technique, sequence or procedure of
construction acceptable to OWNER. DESIGN/BUILDER shall submit sufficient
information to allow OWNER, in OWNER's sole discretion, to determine that the
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
in paragraph 6.03.D.2.
5. OWNER's Evaluation: OWNER will be allowed a reasonable time within
which to evaluate each proposal or submittal made pursuant to paragraphs
6.03.D.2 and 6.03.D.4. OWNER will be the sole judge of acceptability. No "or -
equal" or substitute will be ordered, installed or utilized without OWNER's prior
written acceptance which will be evidenced by either a Change Order or an
approved Shop Drawing or Submittal. OWNER may require DESIGN/BUILDER to furnish
at DESIGN/BUILDER'S expense a special performance guarantee or other surety with
respect to any "or -equal" or substitute. OWNER will record time required by
OWNER and OWNER's Consultants in evaluating substitutes proposed or submitted by
DESIGN/BUILDER pursuant to paragraphs 6.03.D.2 and 6.03.D.4. and in making
changes in the Contract Documents (or in the provisions of any other direct
contract with OWNER for work on the Project) occasioned thereby. Whether or not
OWNER accepts a substitute item so proposed or submitted by DESIGN/BUILDER,
DESIGN/BUILDER shall reimburse OWNER for the charges of OWNER and OWNER's
Consultants for evaluating each such proposed substitute item.
00800-11
REVISE the following language in ARTICLE 6, Paragraph 6.04, Progress Schedule,
of the General Conditions: ^'
6.04.A.1. DESIGN/BUILDER shall submit to OWNER for acceptance proposed
adjustments in the progress schedule that will not change the Contract Times (or
Milestones). Such adjustments will conform generally to the progress schedule
then in effect, and additionally will comn�y with anv provisions 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 the c_-n_`_Lwaet_e Work, which are
applicable on the last day for receipt of Proposals or on the effective date of
the Agreement. DESIGN/BUILDER shall pay all charges of utility owners for
connections to the Work, and DESI vRU1LDKsc shall ply 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:
6.1O.A. .... n_� 6 Work ....
REVISE the final sentence in ARTICLE 6, Paragraph 6.11, Record Documents, of the
General Conditions:
6.11.A. .... Upon completion of the Work and prior to release 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 ^^^�tl-aetW r 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
G---- tie Work will be in accordance with the Contract Documents and will not
be defective. ....
REVISE the following language in Paragraph 6.16.A.1 in ARTICLE 6, Paragraph 6.18,
DESIGN/BUILDER'S General Warranty and Guarantee, of the General Conditions:
6.18.A.1. Abuse, modification, or improper maintenance or operation by
persons other than DESIGN/BUILDER, Subcontractors or Suppliers unless such
abuse modification or improper maintenance or operation was permitted by or
could reasonably have been prevented by DESIGN/BUILDER Subcontractors or
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
payment by OWNER to DESIGN/BUILDER under the Contract 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 G__on Work, provided that any such claim, cost,
loss or damage is attributable to bodily injury, sickness, disease or death, or
to injury to or destruction of tangible property (other than the Work itself),
including the loss of use resulting therefrom, but only to the extent such claim,
cost or damage is caused in whole or in pert by any negligent act or omission of
00600-13
DESIGN/BUILDER, any Subcontractor, Engineer, any Supplier, any individual or
entity directly or indirectly employed by any of them to perform or furnish any
of the Work or anyone for whose acts any of them may be liable, regardless of
whether or not caused in cart bk any negligence or omission of an individual_or
entity in indemnified hereunder or whether liability is imposed upon such
indemnified party by Laws and he negligence of any
such individual or entity.
REVISE the first portion of Paragraph 6.19.B. in ARTICLE 6, Paragraph 6.19,
Indemnification, of the General Conditions:
6.19.B. In any and all claims against OWNER or any of their OWNER's
respective consultants, agents, officers, directors, or employees ...
ADD the following Paragraph 6.20 in ARTICLE 6 of the General Conditions:
6.20. Survival of obligations.
All representations, indemnifications, warranties and guarantees made in,
required by or given in accordance with the Contract Documents, as well as all
continuing obligations indicated in the Contract Documents, will survive final
payment, completion and acceptance of the work and termination or completion of
the Agreement.
SC-7 OTHER CONSTRUCTION
REVISE the title of Paragraph 7.01 in ARTICLE 7, Paragraph 7.01, Related
Construction at Site, of the General Conditions:
7.01. Related= Work at Site
REVISE the first sentence in Paragraph 7.01.B in ARTICLE 7, Paragraph 7.01,
Related Work at Site, of the General Conditions:
7.01.B. DESIGN/BUILDER shall afford each other contractor who is a party
to such a direct contract and each utility owner (and OWNER, if OWNER is
performing the additional work with OWNER's employees) proper and safe access to
the Site and a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such other work and shall properly
connect and coordinate the 9 `- " _' Work with theirs. ....
SC-8 RESIDENT PROJ8CT REPRESENTATIVE
8.03.B. The Resident Project Representative deals in matters pertaining
to the work. Any such dealings will be with or through the Design/Builder.
Dealings with subcontractors will only be through or with the full knowledge and
approval of the Design/Builder.
00800-14
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
inspections, tests or approvals required to be made; and advise the
Owner's Representative and Design/Builder when he believes work
should be corrected or rejected or should be uncovered for
observation, or requires special testing, inspection or approval.
Accompany visiting inspectors representing public or other agencies
having jurisdiction over the Project.
Consider and evaluate Design/Builder suggestions for modification in
Drawings or Specifications and report these recommendations to
Owner's Representative.
Maintain at the Resident Project Representative office orderly files
concerning correspondence, reports of job conferences, Shop
Drawings, data, and samples, reproductions or original Contract
Documents including all Work Directive Changes, Addenda, Change
Orders, Field Orders, additional drawings issued subsequent to the
execution of the Agreement, Design/Builder clarifications and
interpretations of the Contract Documents, progress reports and
other project documents.
Keep a diary, daily report form,
job site, weather conditions, d+
directive changes, Change Orders,
site visitors, daily activities,
and specific observations in more
test procedures.
00800-15
)r log book, recording hours on the
ita relative to questions of work
or changed conditions, list of job
decisions, observations in general
detail as in the case of observing
Report immediately to Owner's Representative the occurrence of any
accident.
Review application for payment with Design/Builder for compliance
with the established procedure for their submission and will submit
to the Owner's Representative.
Conduct final inspection with the Design/Builder and Owner's
Representative observe that all items on the final inspection list
have been corrected or completed and make recommendations to owner's
Representative concerning acceptance.
The Resident Project Representative shall not:
Authorize any deviations from the Contract Documents or accept any
substitute materials or equipment.
Exceed limitations of Resident Project Representative authority as
set forth in the Contract Documents. Undertake any of the
responsibilities of. the Design/Builder, Subcontractors, or
Design/Builder's superintendent.
Advise on, or issue directions relative to, or assume control over
any aspect of the means, methods, techniques, sequences or
procedures for construction unless such is specifically called for
in the Contract Documents.
Advise on or issue directions regarding or assume control over
safety precautions and programs in connection with the Work.
Accept shop Drawings, data, or samples submittals from anyone other
than the Design/Builder.
SC-9 CHANGES IN THE WORK; CLAIMS
REVISE the first sentence, thereby creating two sentences, in ARTICLE 9,
Paragraph 9.01, General --Rights and Obligations, of the General Conditions:
9.01.A. Without invalidating the Agreement and without notice to any
surety, OWNER may, at any time or from time to time, order additions, deletions
or revisions in the Work w4:thin the geneL-al seepe e€ the Such
additions. deletions or revisions will be authorized by a Written Amendment, a
Change Order, or a Work Change Directive. ....
REVISE Paragraph 9.07.A.1 in ARTICLE 9, Paragraph 9.07, Execution of Change
orders, of the General Conditions:
9.07.A.1. changes in the Work which are
(i) ordered by OWNER pursuant to paragraph 9.01,
00800-16
(ii) required because of the acceptance of defective Construction or Work
under paragraph 12.08 or correcting defective Construction or Work under
paragraph 12.09 or
(iii) agreed to by the parties; and
ADD the following language to the conclusion of Paragraph 9.07.A, after Paragraph
9.07.A.2, in ARTICLE 9, Paragraph 9.07, Execution of Change Orders, of the
General Conditions:
9.07.A. ....provided that, in lieu of executing any such Change Order, an
appeal may be taken from any such decision in accordance with the provisions of
the Contract Documents and applicable Laws and Regulations, but during any such
appeal, DESIGN/BUILDER shall carry on the Work and adhere to the progress
schedule as provided in paragraph 6.17.
ADD the following Paragraph in ARTICLE 9 of the General Conditions:
9.09. By the execution of a Change Order, a Work Change Directive, or
Written Agreement, OWNER and DESIGN/BUILDER expressly acknowledge and agree that
said Change Order, Work Change Directive, or Written Agreement provides for a
fair and equitable adjustment in Contract Price and/or Contact Time for the
additions, deletions, or revisions in the Work as authorized by said Change
Order, Work Change Directive or Written Agreement. OWNER and DESIGN/BUILDER
further expressly acknowledge and agree that claims for adjustments to the
Contract Price and/or Contract Time covered by a Change Order, Work Change
Directive or Written Agreement are not valid.
SC-10 CHANGE OF CONTRACT PRICE
ADD the following sentence in ARTICLE 10, Paragraph 10.01, General, at the
conclusion of Paragraph 10.01.A of the General Conditions:
10.01.A. .... All duties, responsibilities and obligations assigned to or
undertaken by DESIGN/BUILDER in these Contract Documents shall be at
DESIGN/BUILDER'S expense without change in the Contract Price.
REVISE ARTICLE 10, Paragraph 10.01, General, of the General Conditions:
10.01.C.2. Where the Work involved is not covered by unit prices contained
in the Contract Documents, by a mutually agreed payment basis including lump sum
(which may include an allowance for overhead and profit not necessarily in
accordance with paragraph 10.02) or by mutually agreed unit prices;
ADD the following language to the conclusion of Paragraph 10.02.A.3 in ARTICLE
10, Paragraph 10.02.A, Costs Included, of the General Conditions:
10.02.A.3. ... If required by OWNER, DESIGN/BUILDER shall obtain
competitive bids from Subcontractors acceptable to OWNER and DESIGN/BUILDER, and
shall deliver such bids to OWNER who will then determine which bids, if any, will
be accepted. If any subcontract provides that the Subcontractor is to be paid
on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work
and fee shall be determined in the same manner as DESIGN/BUILDER's Cost of the
Work and fee as provided in ARTICLE 10. All subcontracts shall be subject to the
other provisions of the Contract Documents insofar as applicable.
00800-17
The following work will be performed as self -work by DESIGN/BUILDER, or .-.
subcontracted to the following firms (subject to executing a subcontract
agreements.)
.REVISE the first sentence in Paragraph 10.02.A.6.f in ARTICLE 10, Paragraph
10.02.A, Costs Included, of the General Conditions:
10.02.A.6.f. Losses, damages and related expenses caused by damage to the
Work not compensated by insurance or otherwise, sustained by DESIGN/BUILDER in
connection with the furnishing and performance of the Work (except losses and
.damages within the deductible amounts of'prooperty 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 e-1-1 additional Bonds and insurance
DESIGN/BUILDER is required by the Contract Documents to purchase and maintain
because of changes in the Work.
ADD the following Paragraph in ARTICLE 10, Paragraph 10.02.B, Costs Excluded, of
the General Conditions:
10.02.B.6. Cost of premiums for all Bonds and for all insurance whether or
not DESIGN/BUILDER is required by the Contract Documents to purchase and maintain
the same (except for the cost of premiums covered by paragraph 10.02.A.6.i
above).
REVISE Paragraphs 10.42.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--I5 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 €ire 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 £ee is agreed upon, the intent of
paragraphs 10.02.A.1, 10.02.A.2, and 10.02.A.3 is that the Subcontractor who
actually performs or furnishes Work, at whatever tier, will be paid a fee of 15
percent of the costs incurred by such Subcontractor under paragraphs 10.02.A.1
and 10.02.A.2 and that any higher tier Subcontractor and DESIGN/BUILDER will each
be paid a fee e€ €&Ne-pe,-eeat of theameuat Y
to be negotiated in good faith with OWNER but not to exceed five
percent of the amount 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
actual net decrease in cost plus a deduction in DESIGN/BUILDER's fee by an amount
equal to €tee 3 percent of such net decrease;
REVISE Paragraph 10.04.C.1 in ARTICLE 10, Paragraph 10.04, Unit Prices, of the
General Conditions:
10.04.C.1. the quantity of any item of Unit Price ,Work performed by
DESIGN/BUILDER differs miaterially and sianificantly 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 quantity for the
item .SC-11
CHANGE OF CONTRACT TIMES
REVISE Paragraph 11.02.B in ARTICLE 11, Paragraph 11.02, Time Extensions, of the
General Conditions:
11.02.B.
tea-aetlens
;S la t shall
eet Where DESIGN/BUILDER is prevented from completing _any part of the Work within
the Contract Times (or Milestones) due to delay beyond the control of OWNER and
DESIGN/BUILDER an extension of the Contract Times (or Milestones) in an amount
g_rn,al to the time lost due to such delay shall be DESIGN/BUILDER sole and
exclusive remedy for such delay. In no event shall OWNER be liable to
DESIGN/BUILDER for costs or damages arising out of or resulting from:
(i) delays caused by or within the control of DESIGN/BUILDER, or
(ii) delays beyond the control of both parties, including but not limited
to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts
of neglect by governmental agencies, utility owners or other contractors
performing other work as contemplated by Article 7.
SC-12 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE
CONSTRUCTION
REVISE the title of Article 12, TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE CONSTRUCTION, of the General Conditions:
ARTICLE 12--TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE CONSTRUCTION OR WORK
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 wrri##en notice of all defective Construction or Work of
which OWNER has actual knowledge will be given to DESIGN/BUILDER by OWNER. All
00800-19
APPROVED AS TO FORM:
u - - II /
License No. - l re `f/zoo,
Assistant City Attorney -
(If DESIGNBLTILDER is a corporation,
attach evidence of authority to sign.)
Designated Representative:
Name:
Title:
Address: PC-)& C- J �U
Phone: 70-- :> 2 t V 27 2,
Facsimile:
Designated Representative:
Name: ,J A*�S /"* . k6 W) c
Title:co, I �q nG�Cil
Address: Q _ �fD�P �j
Cb�aszS
Phone: 9'70 -I+q 3 - $114%
Facsimile: 9,7y - `t S - S96 �
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 Genstnaetle Work specifically
to be inspected, tested or approved, DESIGN/BUILDER shall assume full
responsibility for arranging and obtaining such inspections, tests or approvals,
pay all costs in connection therewith, and furnish OWNER the required
certificates of inspection or approval. ....
ADD the following Paragraph in ARTICLE 12, Paragraph 12.03, Tests and
Inspections, of the General Conditions:
12.03.D. OWNER shall employ and pay for the services of an independent
testing laboratory to perform all inspections, tests, or approvals required by
the Contract Documents except (i) for inspections, tests, or approvals covered
by paragraph 12.03.A above; (ii) that costs incurred in connection with tests or
inspections conducted pursuant to paragraph 12.04.B below shall be paid as
provided in said paragraph 12.04.B; and (iii) as otherwise specifically provided
in the Contract Documents.
REVISE the first portion of the second sentence in Paragraph 12.04.B in ARTICLE
12, Paragraph 12.04, Uncovering Construction, of the General Conditions:
12.04.B. .... If it is found that such Construction is defective,
DESIGN/BUILDER shall pay all claims. costs, losses and damages caused by, arising
out of, or resulting from such uncovering, exposure, observation, inspection and
testing and of satisfactory replacement or rework ...
REVISE the following language, including the title, in ARTICLE 12, Paragraph
12.05, OWNER May Stop the Construction, of the General Conditions:
12.05 OWNER May Stop the Construction or No
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 Wor in such a way that the completed
^^^tien Work will conform to the Contract Documents, OWNER may order
DESIGN/BUILDER to stop Construction or oW r,IS 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 92
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 caused by
arising out of or resulting from such correction replacement and/or removal,
and fees and charges of engineers, architects, attorneys and other professionals -)-
made necessary thereby)-.
REVISE the following language in Paragraph 12.07.A in ARTICLE 12, Paragraph
12.07, Correction Period, of the General Conditions:
12.07.A. If within one year after the date of Substantial Completion or
such longer period of time as may be prescribed by Laws or Regulations or by the
terms of any applicable special guarantee required by the Contract Documents or
by any specific provision of the Contract Documents, any Construction or Work is
found to be defective, DESIGN/BUILDER shall promptly, without cost OWNER and in
accordance with OWNER's written instructions,
(i) correct such defective Construction or work, or, if it has been
rejected by OWNER, remove it from the Site and replace it with Construction that
is not defective, and
(ii) satisfactorily correct or remove and replace any damage to other
Construction or Work or the work of others resulting therefrom.
If DESIGN/BUILDER does not promptly comply with the terms of such
instructions, or in an emergency where delay would cause serious risk of loss or
damage, OWNER may have the defective Construction or Work corrected or the
rejected Construction or Wor removed and replaced, and all claims, costs, losses
and damages caused by, arising out of or resulting from such correction or
removal (including but not limited to all fees and charges of engineers,
architects, attorneys and other professionals, all court or arbitration or other
dispute resolution costs, and all costs of repair or replacement of work of
others) will be paid by DESIGN/BUILDER.
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
Construction or Work will be extended for an additional period of one year after
correction or removal and replacement has been satisfactorily completed.
REVISE the following language, including the title, in ARTICLE 12, Paragraph
12.08, Acceptance of Defective Construction, of the General Conditions:
12.08 Acceptance of Defective Construction or Work
12.08.A. If, instead of requiring correction or removal and replacement of
defective Construction or Work, OWNER may do so. DESIGN/BUILDER shall pay all
costs attributable to OWNER's evaluation of and determination to accept such
defective Construction or Work (such costs to include but not be limited to all
fees and charges of engineers, architects, attorneys and other professionals and
all court or arbitration or other dispute resolution costs). If any such
acceptance occurs prior to final payment, a Change Order will be issued
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 '1
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 aftern
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 =
Work. DESIGN/BUILDER shall not be allowed an extension of the Contract Times (or
Milestones) because of any delay in the performance of the Construction or Work
attributable to the exercise by OWNER of OWNER's rights and remedies hereunder.
00800-22
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 DESIGN/BUILDER and other arrangements
to protect OWNER's interest therein, all of which will be satisfactory to OWNER.
ADD the following Paragraph in ARTICLE 13, Paragraph 13.02, Application for
Progress Payment, of the General Conditions:
13.02.B. Any funds that are withheld by OWNER shall not be subject to
substitution by DESIGN/BUILDER with securities or any arrangements involving an
escrow or custodianship. By executing the Application for Payment form,
DESIGN/BUILDER expressly waives his right to the benefits of Colorado Revised
Statutes, Section 24-91-101, et seq.
REVISE the title in ARTICLE 13, Paragraph 13.04, Progress Payments, of the
General Conditions:
13.04. Review of Applications for Progress Payment
REVISE the first sentence of Paragraph 13.04.A.2 in ARTICLE 13, Paragraph 13.04,
Review of Applications for Progress Payment, of the General Conditions:
13.04.A.2. If the OWNER should fail to pay the DESIGN/BUILDER at the time
the payment of any amount becomes due, except as provided in paragraph 13 04 B
and as otherwise provided in the 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
period, stop the Work until payment of the amount owing has been received. ....
ADD the following Paragraph to Paragraph 13.04.E in ARTICLE 13, Paragraph 13.04,
Review of Applications for Progress Payment, of the General Conditions:
13.04.B.8. OWNER has actual knowledge of the occurrence of any of the
events enumerated in paragraphs 13.04.B.1 through 13.04.B.3 inclusive, or
paragraphs 14.02.A.1 through 14.02.A.3 inclusive.
ADD the following language at the conclusion of Paragraph 13.04.B, following
Paragraph 13.04.B.8, in ARTICLE 13, Paragraph 13.04, Review of Applications for
Progress Payment, of the General Conditions:
13.04.B. .... but OWNER must give DESIGN/BUILDER immediate written notice
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.
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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. subject to paragraph 16.06.B of these Sugplementary
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
•F;#i f ^^• `- ^- -^ 99V Pa4ge OWNER may terminate_ this Agreement as provided
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:
16.06.A. Colorado Revised Statutes (CRS 8-17-101) requires that Colorado
labor be employed to perform the work to the extent of not less than 80 percent
(80%) of each type or class of labor in the several classifications of skilled
and common labor employed on the project. Colorado labor means any person who
is a bona fide resident of the State of Colorado at the time of employment,
without discrimination as to race, color, creed, age, religion or sex.
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
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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 6uch moneys and funds as are not
the subject of suit and lis pendens notices, and shall retain only sufficient
funds to insure the payment of judgments which may result from the suit.
SC -GC -A Exhibit GC -A to GENERAL CONDITIONS: Dispute Resolution Agreement
REVISE the first sentence in Paragraph 15.01.B in Exhibit. GC -A to GENERAL
CONDITIONS, Paragraph 15.01, Dispute Resolution Agreement, of the General
Conditions:
15.01.B. OWNER and DESIGN/BUILDER agree that they will first submit any
and all unsettled claims, counterclaims, disputes and other matters in question
between them arising out of or relating to the Contract Documents or the breach
thereof ("disputes") to mediation by the American Arbitration Association under
the Construction Industry Mediation Rules 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 15.01.0 in Exhibit GC -A to GENERAL
CONDITIONS, Paragraph 15.01, Dispute Resolution Agreement, of the General
Conditions:
15.01.C. All claims, disputes and other matters in question between OWNER
and DESIGN/BUILDER arising out of or relating to the Contract Documents or the
breach thereof (except for claims which have been waived by the making or
acceptance of final payment as provided by paragraph 13.10 will be decided by
binding arbitration in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association then obtaining,.subject to the
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:
15.01.G. The award rendered by the arbitrators will be final; judgment may
be entered upon it in any court having jurisdiction thereof, and it will not be
subject to modification or appeal.
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