HomeMy WebLinkAboutARROWHEAD - CONTRACT - RFP - 22962 P982 BOBCAT (2)SECTION 00510
NOTICE OF AWARD
Hate: Mav 24, 20015
TO:Arrowhead Trails, Inc.
PROJECT: P982 Bobcat Ridge Natural Area Trail Design & Construction
OWNER: OWNER: CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated March 24, 2005 for the above project
has been considered. You are the apparent successful Bidder and have been awarded
an Agreement for P982 Bobcat Ridge Natural Area Trail Design & Construction.
The Price of your Agreement is Ninety Two Thousand Eight Hundred Sixty Nine
Dollars and Ninety Two cents ($92,669.92).
Three (3) copies of each of the proposed Contract Documents (except Drawings)
accompany this Notice of Award. Three (3) sets of the Drawings will be delivered
separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen (15) days
of the date of this Notice of Award, that is by June 8, 2005.
1. You must deliver to the OWNER three (3) fully executed counterparts of the
Agreement including all the Contract Documents. Each of the Contract
Documents must bear your signature on the cover of the page.
2. You must deliver with the executed Agreement the Contract Security (Bonds)
as specified in the Instructions to Bidders, General Conditions (Article
5.1) and Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle
OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare
your Bid Security forfeited.
Within ten (10) days after ydu comply with those conditions, OWNER will return to
you one (1) fully -signed counterpart of the Agreement with the Contract Documents
attached.
r14eq
WK f
SEAL
1994
City of Fort Collins
OWNER
B_v•
Ti..le
9/12/01 Section 00510 Page 1
Arrowhead
Trails,
Inc.
MINUTES OF THE STOCKHOLDERS AND BOARD OF vincTORS MEETING OF
ARROWHEAD TRAILS, INC,
2/ 1J96
The undersigned, bring all of the Stockholders and the Directors of ARROWHEAD TRAILS, 1NC.,
hereby adopt by this consent in writing, pursuant to C,R S. 7-108-202 (1993), the, following
resolutlons, with the same force and effect as if they had been unanimously adopted at a
convened m"ting of the Board of Directors and Shareholders of the Coporation.
It was resolved that the number persons listed as the Board of Directors of the
Corporation remain the, same as stated in the BrLaws and that the following person"s were
thereupon unanimously re-elected to ba officers as set forth opposite their na mes:
Anthony Glenn Boone President
Danna Rogers Boone Vice -President
Danna Rogers Boone Secretary
Anthony Glenn Boone Treasurer
Thera were no other resolutions that necdcd to be addressed:
P.O. Sox 533 • Nederland, CO 80466 • (305) 256-7425
i4M-
SECTION 00530
NOTICE TO PROCEED
Description of Work:
To:
This notice is to advise you:
That the contract covering the above described Work has been fully
executed by the CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have
been received by the OWNER.
That the OWNER has approved the said Contract Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby
authorized and directed to proceed within ( ) calendar days
from receipt of this notice as required by the Agreement.
Dated this
day of , 20
The dates for Substantial Completion and Final Acceptance shall be
and , 20 , respectively.
City of Fort Collins
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this
day of 20
CONTRACTOR
By:
Title:
9/12/01 Section 00530 Page 1
SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
Ma"R
***
* ^ * SURETY RIDER
* * ® OLD REPUBLIC SURETY COMPANY
* * * OLD REPUBLIC INSURANCE COMPANY
0 BITUMINOUS CASUALTY CORPORATION
0 INTERNATIONAL BUSINESS & MERCANTILE REASSURANCE COMPANY
TO BE ATTACHED TO AND FORM PART OF
Performance and Payment Bond
(Type of bond)
Bond Number RCN0578468
IN FAVOR OF City of Fort Collins, 300 Laporte Ave., Fort Collins CO 80522
0 igees
ON BEHALF OF Arrowhead Trails, Inc.
EFFECTIVE June 1st, 2005
(Original Effective Date)
IT IS AGREED THAT, in consideration of the original premium charged for this bond, and
any additional premium that may be properly chargeable as a result of this rider,
1, The Surety hereby gives its consent to:
INCREASE 0 CHANGE THE NAME OF THE PRINCIPAL
0 DECREASE 0 CHANGE THE ADDRESS OF THE PRINCIPAL
® CHANGE THE EFFECTIVE DATE CHANGE THE EXPIRATION DATE
OTHER
(of) the attached bond FROM: June 1st, 2005
TO: May 24th, 2005
EFFECTIVE. June 14th, 2005
2. PROVIDED, however, that this attached bond shall be subject to all its agree-
ments, limitations, and considerations except as herein expressly modified, and that the
liability of the Surety under the attached bond and under the attached bond as changed by
this rider shall not be cumulative.
3. Signed and sealed this 14th day of June
ACCEPTED BY:
2005
Old Republic Surety Company
SUR TY6
y: „
(TITLE) Di6han L. Giorno ATTORNEY -IN -FACT
ORSC 22381 (1/93)
�* OLD REPIBLIC
Surety Compar y
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation,
does make, constitute and appoint:
ERIC B. LUNDBERG, DIAHANN,L. GIORNO, KRIS BIELAK, TERRI L. PRINS, OF LAKEWOOD,
CO
its true and lawful Attorney(s)-in-Fact, with full power andiauthority, not exceeding $5,000,000, for and on behalf of the company as surety, to execute and deliver
and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail
bonds, bankdepository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance
workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bands, waste management bonds, hazardous waste remediation bonds
or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF
ONE MILLION ;DOLLARS($1,000,000)-------------------------- FOR ANY SINGLE
OBLIGATION REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION.
and to bind OLD REPUBLICSURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are
ratified and confirmed. This documents is not valid unless printed on colored background and is multi -colored. This appointment is made
under and by authority of the board of directors' at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed
by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY
COMPANY on February 18, 1982.
RESOLVED that, the president, any vice-president, or assistant vice president in conjunction with the secretary or any assistant
secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment
in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recog-
nizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any
Power of Attorney previously granted to such person.
RESOLVED FURTHER,that any bond, undertaking, recognizance, or suretyship obligation shall bevalid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretaryor assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersignedand sealed (if a seal
be required) by a duly authorized attomey-in-fact or agent; or
(iii) when duly executed and sealed If a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURfHER,thatthe signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company, and such
signature and seal when so used shall have the same force and effect as though martially affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its
corporate seal to be affixed this 20TH day of APRIL 2005. i
OLD REPUBLIC SURETY COMPANY
q, SEAL g
Assistant Secre r President
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
On this 20TH day of APRIL, 2005 , personally came before me, JAMES E. LEE
and DAVID G. MENZEL to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say;
that they are said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation,
and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of
the board of directors of said corporation.
aPpN A p, A{ e" �•
N°TARP `
N
- - aiary Public
Ssr�oew�s°°� My commission expires: 41 / 3 8 / 2 0.0 9
CERTIFICATE
I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the
foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of
directors set forth;in the Power of Attorney, are now in force.
40-3595 �„u�R.„
14 . Fry Signed and sealed at the City of Brookfield, WI this _ h day of June , 2005
;..:..ovorrrr a9, i t
gj SEAL `g
y3. uM eF
GKS INSURAhfCF pENCY, INC. —
Assistant rotary
ORSC 22262 (3/04)
SECTION 00610
PERFORMANCE BOND
Bond No.RCN 0578468
KNOW ALL MEN BY THESE PRESENTS: that
(Firm) Arrowhead Trails, Inc.
(Address) 11121 County Road 240, Salida CO 81201
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm} Old Rep nbl i c- SiirPty Cnm= and
(Address) 1501 42nd Street, West Des Moines IA 50266
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins. 300
Laporte Ave. Fort Collins. Colorado 80522 a (Municipal Corporation) hereinafter referred to as the
"OWNER", in the penal sum of Ninety -Two Thousand Eight Hundred Sixty -
Nine and 92/100 - - - - - - - - - - - - - - - ($A2,869.92)inlawful
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 entered into a
certain Agreement with the OWNER, dated the lgr,Qay of June , 2nos , a copy of
which is hereto attached and made a part hereof for the performance of The City of Fort Collins
project, P982 Bobcat Ridge Natural Area Trail Design & Construction.
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.
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.
9/99 Section 00610 Page 2
IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which
shall be deemed an original, this Bth day of June ,2005 .
IN PRESENCE OF:
(Corporate Seal)
IN PRESENCE OF:
IN PRESENCE OF:
Principal
Arrowhead Trails, Inc
d71'X-�
(Title)nna Boone, Vice -President
Other Partners
By:
By:
Surety
4 O&- r 9 4 Old Republic Surety Company
eanne Read Attorney -in -Fact
B
Eric B. Lundberg me -In-Fact
1501 42nd Street Des Moineg A 50266
(Addresss)
�O
t . e of Bond must not be prior to date of Agreement. If CONTRACTOR is
Vey �rtr r a11 partners should execute Bond.
��/1f i�OS rf1 (1i1f
9/99 Section 00610 Page 3
I *
�* OLD REPLBLIC
III***** Surety Company POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation,
does make; constitute and appoint:
ERIC B. LUNDBERG, DIAHANN L. GIORNO, KRIS BIELAK,;TERRI L. PRINS, OF LAKEWOOD,
CO
its true and lawful Attorney(s)-in-Fact, with full power and authority, not exceeding $5,000,000, for and on behalf of the company as surety, to execute and deliver
and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (otherthan bail
bonds, bankdepo tory bonds, mortgage deficiency bonds; mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance
workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds
or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF
ONE MILLION DOLLARS($1,000,000) ------------------- --- FOR ANY SINGLE
OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION.
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are
ratified and confirmed. This document: is not valid unless printed on colored background and is multi -colored. This appointment is made
under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed
by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY
COMPANY on February 18, 1982.
RESOLVED that, the president, any vice-president, or assistant vice president in conjunction with the secretary or any assistant
secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment
in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recog-
nizances, and suretyshipobligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any
Power of Attorney previously granted to such person.
RESOLVED FURTHER,that any bond, undertaking, recognizance, or suretyship obligation shall bevalid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed(if a seal be required) by any secretaryor assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal
be required) by a duly authorized attomey-in-fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits' of the authority
evidenced by the Power of Attorney issued by company to such person or persons.
RESOLVED FURTHER,that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company, and such
signature -and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its
corporate seal to be affixed this 20TH day of APRIL, 2005.
OLD REPUBLIC SURETY COMPANY
Illlf MH
0.2
0��4011 9BEAI. 9 _ (7
3 ,
Assistant Secre .. President
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS 3�""""^^I °a+
On this 20TH day of APRIL, 2005 , personally came before me, JAMES E. LEE
and DAVID G. MENZEL to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say;
that they are said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation,
and that said corporate seal and their: signatures as such officers were duly affixed and subscribed to the said instrument by the authority of
the board of directors of said corporation, A t NOTARY
•- + , Natary Public
-$0 eVBL\G
or' My commission expires: 01/1-8/2009
CERTIFICATE
1, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the
foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of
directors set forth in the Power of Attorney, are now in force.
40-3595
'yam Er`c = Signed and sealed at the City of Brookfield, WI this day of
13
GKS INSURAP(SAGENCY, INC.
11",Assistant 9tary
ORSC 22262 (3/04)
SECTION 00615
PAYMENT BOND
Bond No. RCN 0578468
KNOW ALL MEN BY THESE PRESENTS: that
(Firm) Arrowhead Trails, Inc
(Address) 11121 County Road 240, Salida CO 81201
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm) Old Republic Surety Company
(Address) 1501 42nd Street West Des Moines IA 50266
hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins. 300
Laporte Ave.. Fort Collins. Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the
OWNER", in the penal sum of Ninety -Two Thousand Eight Hundred Sixty -
Nine and 9 2 / 100 ----- ($ c)2,869.92 )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 entered into a
certain Agreement with the OWNER, dated the 1st day of June .2005 , a copy of
which is hereto attached and made a part hereof for the performance of The City of Fort Collins
project, P982 Bobcat Ridge Natural Area Trail Design & Construction
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.
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.
9/99 Section 00615 Page I
IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which
shall be deemed an original, this 8thday of June 2005
IN PRESENCE OF:
r No. Vol
M.-
(Corporate
Seal)
IN PRESENCE OF:
M
IN PRESENCE OF:
Principal
By: Arrowhead Trails, Inc
TT1U_
Danna Boone, Vice -President
11121 County Road 240, Salida CO 81201
(Address)
By:
Other Partners
Surety
Old Republic Surety Company
(Attorney -in -Fact)
By:
Eric . Lundberg, Attor n-Fact
ti.
(Address) 1501 42nd eet
West Des Moines IA 50266
jeer ty Seal)
NOTE, Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partribrihip, all partners should execute Bond.
9/99
Section 00615 Page 2
Bobcat Ridge Natural Area Trail Design and Construction
CONTRACT
THIS AGREEMENT is dated of the 241h day of May, 2005 by and between the CITY OF FORT
COLLINS, COLORADO, a municipal corporation (hereinafter called OWNER) and Arrowhead Trails,
Inc., (hereinafter called DESIGN/BUILDER).
OWNER AND DESIGN/BUILDER, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORK
1.01 DESIGN/BUILDER shall complete all Work as specified or indicated in the Owner-
Design/Builder Contract Documents, as set forth in Section 12.01. The Work is generally described
as follows: design and construction of Bobcat Ridge Trail, Phase 1.
Article 2. THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only
part is generally described as the design and construction of Bobcat Ridge Trail, Phase 1 .
Article 3. CONTRACT TIMES
3.01 Days to Achieve Substantial Completion and Final Payment
The Work will be substantially completed by April 15, 2006 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 13.08 of the General Conditions by April 30,
2006;
3.02 Liquidated Damages
A. DESIGN/BUILDER and OWNER recognize that time is of the essence of the Agreement
and the OWNER will suffer financial loss if the Work is not completed within the times specified in
paragraph 3.01 above, plus any extensions thereof allowed in accordance with Article 11 of the General
Conditions. The parties also recognize the delays, expenses and difficulties involved in proving the
actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of
requiring any such proof, OWNER and DESIGN/BUILDER agree that as liquidated damages for delay
(but not as a penalty) DESIGN/BUILDER shall pay OWNER Two hundred Dollars ($200) for each day
that expires after the time specified in paragraph 3.01 for Substantial Completion until the Work is
substantially complete.
9/12/01 Section 00520 Page 1
REPIBLIC
III ** * * * Surety Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation,
does make; constitute and appoint:
ERIC B. LUNDBERG DIAHANN L. GIORNO, KRIS BIELAK, TERRI L. PRINS, OF LAKEWOOD,
CO
its true and lawful Attorney(s)-in-Fact, with full power and authority, not exceeding $5,000,000, for and on behalf of the company as surety, to execute and deliver
and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail
bonds, bankdepository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance
workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds
or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS IN AN AMOUNT.NOT TO .EXCEED AN AGGREGATE OF
ONE MILLION DOLLARS($1,000,000)--------------------------- FOR ANY SINGLE
OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION.
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are
ratified and confirmed. This document is not valid unless printed on colored background and is multi -colored. This appointment is made
under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed
by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY
COMPANY on February 18, 1982.
RESOLVED that, the president, any vice-president, or assistant vice president in conjunction with the secretary or any assistant
secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment
in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recog-
nizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any
Power of Attorney previously granted to such person.
RESOLVED FURTHER,that any bond, undertaking, recognizance, or suretyship obligation shall bevalid and binding upon the Company
(i) when signed try the president, any vice president or assistant vice president, and attested and sealed (if a seal be"required) by any secretary or assistant
secretary; or
(ii) when signets by the president, any vice president or assistant vice president, secretary or assistant` secretary, and courttersignedand sealed (if a seal
be required) by a duly authorized attorney -in -fact or,agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER,thatthe signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company, and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its
corporate seal to be affixed this 20TH day of APRIL, 2005.
OLD REPUBLIC SURETY COMPANY
�pfT}H1 c J`�J
of >gF,AL ; c
Assistant Secreyfy
goy' , .`vF President
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS "^„ a0000`
On this 20TH day of APRIL, 2005 , personally came before me, JAMES E. LEE
and DAVID G. MENZEL to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say;
that they are said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation,
and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of
the board of directors of said corporation.
'pOTA"y', _ !�'� •��-G3C_r=SY4/'if /C J �'
' Notary Public
01 / 18 / 2 0 0 9
CERTIFICATE My commission expires:
I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the
foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of
directors set forth in the Power of Attorney, are now in force.
4 0 - 3 5 9 5
Signed and sealed at the City of Brookfield, Wl this day of
GKS INSURAI�iC''�A��TCY, INC.
4�..
ORSC 22262 (3/04)
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
9/99 Section 00630 Page I
�t'lli:€34 ;FSA j;. OSr!>flQS
PRODDCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
Pinuacol Assurance
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
7501 E Lowry Blvd
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
DENVER CO 80230-7006
AFFORDED BY THE POLICIES BELOW.
C I FFO COVERAGE
ANY
A Pfunacol Assurance
MUM
COMPANY
ARROW HEAD TRAILS INC.
11121 COUNTY ROAD 240
COMPANY
SALIDA CO 81201
MPANY
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCEE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQLTREMENT, TERM AND CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTTH RESPECT TO WHICH THIS CERTIFICATE
ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS
OF
POLICIES. LIMITS SHO N MAY HAVE BEEN REDUCED BY PAID CLAIN
S.
CO
TYPE OF INSURANCE
POLICY NUMBER
POLICY EPPECME
POI.{CYEXPIRATION
WMrIS
LT
GENERAL LIASDITY
OENERALAGOREGATE
_
COM3,1ERC%AL GEYFW
LIANLT'
ODUCPS. CGIIPOP AGO
CIAZM MADE ❑
OCRR
'1(AL1AW nSTUE
OWNER'S B COMPACTOR'S PROT
aACROCCURR NCE
ME DAMAGE P
EG
AUTONGSUR LIAEILITY
ANY AUTO
OMRI! ED IRNME LD
ALL OWNED AUTOS
BODILY ROURY
SCHEDULED ACT05
HIREDAUTOS
BODILY IMURY
NON -OWNED AUTOS
PROPR TY DAMAGE
GARAGE ILUT
ACCIDENT
ANY ALTO
O N AUTO ONLY
<
EACH l
AGORIGhm
SWE" LIAEE.TTT
RACE OCCURRENCE
UMERELIAFDRs1
AAMLEGATE
OTHER THAN UNDRELJAMRM
WORKRO COMMMATION AND
WCSTATU OTHER
SMPLOYRP LTMDATT
TORY MITE
'
A
40W420
05/01/2005
05ro112006
ACCIDEM
S 100,0DO
THBPROPRIETORTARTNMI
MCL
EL D{ CY LIMIT
SOOOO
ECL'TWE OPRCERSARE:
EXCL
EL D - EA EMPLOVEB
100 O0
OIVER
DESCREPrION OF rMUS
SEE BACK OF CERTIFICATE FOR CLASS COVERAGE AND OWNERSHIP COVERAGE DETAIL
836801
SHOL4A ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF FORT COLLLNS
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
215 N MASON STREET PO BOX380
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
FORT COLLIN'S CO $0522
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABIJI TY OF ANY KIND UPON THE COMP.4.4'Y AGENTS OR RE SBNTAT[VES.
AUTHORIZED REPRESENTATIVE
Janice Hurd
Underwriter
RALLENSMf CSR Sups' os'wo 09 2s:so .omsv, c{mm: 12, 15.IPM 1_:OB:W MM
CERTIFICATE OF LIABILITY INSURANCE
American Family Insurance Company L']
American Family Mutual Insurance Company if selection box is not chocked.
6000 American Pky Madison, Wisconsin 53783-0001
Insured's Name and Address Aoent's Name. Address and Phone Number fAat./Dist.)
Arrowhead Trails Inc Lonnie David (303) 451-1579
11121 County Rd 240 2770 Dagny Way Ste 116
Salida, CO 81201 Lafayette, CO 80026-8013 (065/311)
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 listed below.
COVERAGES
This Ls to canny Mat poo iea d insurance listed do nw have been issued to the insorad nomad above for the wicy penco Indurated, notwthstandirg ary requirement, term or londition of ary contractor other
document with respect to wh�ch thi certificate maybe issued or may pertain, the Insurance a`fordsd by ;he;: 6A cies lesonbed hersir is tr ieq to all :he terms, axclusipni and eenditlons of such po icies.
TYPE OF INSURANCE
POLICY NUMBER
POLICY DATE
LIMITS OF LIABILITY
EFFEC IVY EX IrI
o. Day.Mo.RATION
Homeowners/
I Bodily Injury and Property 7s ri
Mobilehomeowners Liability
Eachoautrenoe $ 000
Boetowners Liability
Bodily Injury and Property Damage
Each Occurrence $ 1000
Personal Umbrella Liability
eodlly Injury and Property Damage
I Each Occurrence $ ,000
Farm Personal ua
Form/Ranch Liability
Eenfi Occurrence $ ,000
Farm Employer's Llabilny
Each Occurrence $ 0
Workers Compensation and
statutory ««««.«e«««•:
Each Accident , $ 000
Employers Liabiliny t
Diaeaee - Each Employee $ ,000
Uses" - Policy LhrIt $ ,000
General Liability
GeneralAggregees 2,00000o
_$
Products -c fisted 011sfalional Aggregate $ 2,000 ,000
® Commercial General
Personal and Adverdedn Injury $ 1.000 .000
Liability (occurrence)
05-X77578.01-00
4/3012005
4/3012006
Each Occurrence $ 1,000 ,000
❑
Damage to Promises Ranted to You $ 100,000
Medical Expense (Any One Person $ 5 000
Businessowners Liability
Each Occurrencet t $ 1000
Aggregatett $ 1000
Common Cause Limit 1000
Liquor LiaWlh
Q y
Aggregate LIMN $ 000
Automobile Liability
Soi Injury- Each Person $ 000
❑ Any Auto
$
❑ All Owned Autos
Godly injury •Each Accident 000
Property Damage $ p00
❑ Scheduled Autos
❑ Hired Auto
Bodily Iryury arM Property Damage combhled $ 1000
❑ Nonowned Autos
❑
Excess Liabllky
;f t
❑ commercial Blanket Excess
�
Each occurere;Aggregate $ ,000
Other (Miscellaneous Coveraaes)
Additional Insured: City of Port Collins
DESCRIPTION OFOP PAT( / LOCATIDNS1VEHICLES/ RESTRICTIONS ISPECIAL rrEM8 t The individual orpahners shown as insured ML Nave EJhavenqt
Landscaper steeled to be covered as employees untler this policy.
t t Produots-Completed Operations aggregate is equal to each
occurrence limp and is Included In policy aggregate.
CERTIFICATE HOLDER'S NAME AND ADDRESS
CANCELLATION
e City of Fort Collins
215 N Mason St
PO Box 580
Fort Collins, CO 80522
u onoula any or ine aoove oescnoea policies De cancenea Deters me
expiration date thereof, the company will endeavor to mail'( days)
written notice to the Certificate Holder named, but failure to mail such
notice shall impose no obligation or liability of any kind upon the f
comppany, its agents or representatives. 'TO days unless different
numller of days shown.
i$I This certifies coverage, on the date of issue only. The, above
described policies are subject to cancellation in conformity with their)
terms and py the laws of the state of issue.
5/24/2005
U-201 Ed. 5/00 Insured Stock No. 06668 Rev. 7102
�AIIStete.
�bu'A M Oaf Irl�
CERTIFICATE OF INSURANCE
ALLSTATE INDEMNITY COMPANY
HOME OFFICE - NORTHBROOK, IL 60062
hereby certifies that the following insurance is in force:
POLICYHOLDER POLICY NUMBER
ARROWHEAD TRAILS INC 048699501 BAP
11121 COUNTY RD 240
SALIDA, CO 81201-9226
The person or organization designated below is described in the policy as:
CITY OF FORT COLLINS
215 N MASON ST
FORT COLLINS, CO 80522
Coverages designated are afforded as stated below:
AS THEIR INTEREST MAY APPEAR
EFFECTIVE DATE
OF CERTIFICATE
05/25/05
POLICY PERIOD
12/23/04 TO 12/23/05
AT 12:01 A.M. STANDARD TIME
LIENHOLDER (Loss Payable Clause)
ADDITIONAL INTERESTED PARTY
ADDITIONAL INSURED
X CERTIFICATE HOLDER
To the person or organization stated above:
This policy, as respects the interest of the loss payee, additional interested party, additional insured or certificate holder
named herein, may be cancelled by the Company during the policy period by giving such person or organization 10 days
written notice at its last address known to the Company.
Proof of such mailing is deemed sufficient proof of such notice.
This Certificate of Insurance neither affirmatively nor negatively amends, extends or alters the coverage afforded by the policy
referred to above.
BU1380-1
PAGE 1 OF 1
au1ia2 'E
SECTION 00635
CERTIFICATE OF SUBSTANTIAL
TO: CITY OF FORT COLLINS
(OWNER)
COMPLETIO
e;�O�
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: P982 Bobcat Ridge Natural Area Trail
Design & Construction
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: City of Fort Collins
CONTRACTOR:
CONTRACT DA
The Work performed under this contract has been inspected by authorized representatives of the OWNER,
CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is
hereby declared to be substantially completed on the above date.
A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and
the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the
Work in accordance with the Contract Documents.
By:
ENGINEER
By:
AUTHORIZED REPRESENTATIVE
The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and
correct the items on the tentative list within the time indicated.
By:
CONTRACTOR
AUTHORIZED REPRESENTATIVE DATE
The OWNER accepts the project or specified area of the project as substan-
tially complete and will assume full possession of the project or specified area of the project at 12:01 a.m.,
on . The responsibility for heat, utilities, security, and insurance under the Contract
Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS, COLORADO By:
OWNER
AUTHORIZED REPRESENTATIVE DATE
9/99 Section 00635 Page I
SECTION 00640 (>
CERTIFICATE OF FINAL ACCEPTANCE
TO:
Gentlemen:
You are hereby notified that on the day of , _, the City of Fort Collins, Colorado, has
accepted the Work completed by for the City of Fort Collins
project,
A check is attached hereto in the amount of
($ ) as Final Payment for all Work done, subject to the terms of the Contract Documents which
are dated
In conformance with the Contract Documents for this project, your obligations and guarantees will continue for
the specified time from the following date: —
Sincerely,
OWNER: City of Fort Collins
By:
Title:
ATTEST:
9/99 Section 00640 Page l
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER) ti
FROM: CONTRACTOR
PROJECT:
The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for
all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the
OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the
above described project.
2. In consideration of such payment and other good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims
and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b),
stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or
may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or
performed for the construction, design, improvement, alteration, addition or repair of the above
described project, against the OWNER or its officers, agents, employees or assigns, against any fund
of or in the possession or control of the OWNER, against the project or against all land and the
buildings on and appurtenances to the land improved by the project.
The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or
for the construction, design, improvement, alteration, addition or repair of the project were furnished,
delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and
through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and
servants and further affirms the same have been paid in full and have released in full any and all
existing or possible future mechanic's liens or rights or claims against the project or any funds in the
OWNER'S possession or control concerning the project or against the OWNER or its officers, agents,
employees or assigns arising out of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the
Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S
Subcontractors, materialmen, employees, servants, agents or assigns against the project or against
the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage
and costs, including reasonable attorneys fees, incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth above constitutes and adequate
description of the property and improvements to which this Lien Waiver Release pertains. It is further
acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the
OWNER, the lender, if any, and Surety on any labor and material bonds for the project.
Signed this day of
9/99 Section 00650 Page 1
CONTRACTOR
By:
Title:
ATTEST:
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this
by
Witness my hand and official seal.
My Commission Expires:
day of
Notary Public
9/99 Section 00650 Page 2
SECTION 00660
CONSENT OF SURETY �)
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR:
PROJECT:
CONTRACT DATE:
In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated
above, for
on bond of
(Surety)
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the
CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in
the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _day of
(Surety Company)
By
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
9/99 Section 00660 Page 1
Article 4. CONTRACT PRICE
4.01 OWNER shall pay DESIGN/BUILDER for completion of the Work in accordance with the
Contract Documents a sum equal to the Cost of the Work plus a DESIGN/BUI LDER'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 10.0 LA and B of the General
Conditions, but, in addition to any limitations therein set forth, it shall not include costs in excess of any
Guaranteed Maximum Contract Price as set forth in Article 7 hereof.
Article 6. DESIGNBUILDER'S FEE
6.01 The DESIGNBUILDER's Fee shall be determined as follows:
A. A fixed fee of $6,534.00 which shall be subject to increases or decreases for changes in
the Work as provided in paragraph 8.01 below.
B. No fee shall be paid for costs listed in paragraph 10.01.13 of the General Conditions.
Article 7. GUARANTEED MAXIMUM PRICE
7.01 DESIGNBUILDER guarantees that the maximum obligation of OWNER for the sum of the
Cost of the Work plus the DESIGNBUILDER's Fee will not exceed Ninety Two Thousand Eight
Hundred Sixty Nine Dollars and Ninety Two cents ($92,869.92 (the "GMP") subject to increases or
decreases for changes in the Work. Any unused contingency shall be shared as provided in Paragraph
7.02. Unit costs are attached as Exhibit "A".
7.02 In the event that the Cost of the Work plus the DESIGNBUILDER's Fee shall be less than the
GMP, as adjusted by Change Orders, the resulting Savings shall be shared by the OWNER and the
DESIGNBUILDER as follows:
A. OWNER shall be entitled to Seventy-five percent (75%) of the Savings;
B. DESIGN/BUILDER shall be entitled to Twenty-five percent (25%) of the Savings, at
the time of Final Payment.
Article 8. CHANGES IN THE WORK
8.01 The amount of any increases or decreases in the DESIGNBUILDER's Fee or in any Guaranteed
Maximum Price or Fee which results from a Change Order shall be set forth in the applicable Change
Order subject to the following:
A. Any increase or decrease in the DESIGN/BUILDER'S Fee resulting from net additions
9/12/01 Section 00520 Page 2
OR 31+2 It. Pal
COLORA08 OEFARTWN1 OF REVENUE SECTION 00670
OMDOPIER L"" �' CONTRACTOR APPLICATION
»'ane ��J/--t�pp
FOR
EXEMPTION CERTIFICATE
Pursuardlo Staue
Sedion 39 26.114(1XaXnO
V: Wi-'N 1T IN Tin 41"9
Tie exeTe^Icn certificate for 0nn paw a e applying rrus: ce used only for the pu•eose a prrchasing corstruotor, and bu'dir.3
ma-eias fo• the exenpi project desaieed eekrA'. This execs-aon d.:es not hnziAe ar ape'..y =1%puronase e, rerta:� o'equpmer.
svpplPs, and hate als which are rurchazed ertea,a wnsured by lie ct. r.•ac:e*arx ANch da naf bE ^me ps ,?ihe sx la lre,
highway read, xreet, or other puolic works owned andused by the exerp:organizat-m.
Any urtautha zed use c"ne exeTel. cn cerlificate will -esrAltim rew.'emor c?yoa� exer:c:ian cerlifirmte aed other peral6es pro.*dew
by aR.
A sepaax cerG'car_= is regrred •o• each cmt:•ac
3ubacntsacwrs will r.: oe homed C:ertV`I:a:ea ci Eae.Tpcor ay the Depa-.me^:z' Revenue. ' is The r_acors=slily of l;e prime
own "a1::Crto Iss'ie:e!.'(Icafesto eaCn C-ne sLbro.,.,aC:..-s. Iaee revels SideJ.
FAILURE TO ACCURATELY COMPLETE ALL BOXES WLL CAUSE THE APPLICATION TO BE DENIED.
gg _ " ill; be e°x °j t
0170-750 (999) S0.00
CONTRACTOR INFORMATION
Tme raiaLgE&_�
f P 'Y v Y iYi4' iP OR
mairg Z=W;/ 2 C Z �b /D� C
nIrj✓N�0 V Tirsr lj
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$ 4 9
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EXEMPTION INFORMATION ,� ` pffp�Qeea (t1) IaardVAV Oweoftsee4mp perbee
PAakbC�fa pubis In atbe frAdeed.
wa r±a'+0vt arganzaccn iae COWTI .r canna::
Ex=1rp arPntanec�s naTccr
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t declare wader pen airy of perjerry in she se -and degree ftt M-- stale enanrs made in th's alaa8caetcrs ate true anj
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9/99 Section 00670 Page 1
Special Notice
Contrac-ors who have completed this application in the past, please rote the following changes in procedure
-he Departirent will no 4onger issue mclividua' Certf cafes c' exem ration to subcontractors. Cry prime contrac-
tors will receive a Contractor's Exerrpton Ceri=rcate or exempt projec-s.
Upon rece:pt of the Ceri9cate, the prime contractor show Id make a copy for each subcontractor involved in the
project and complete it by rii"ing in the subcontractor's rame and address and signing it.
The origiral Certfcate should always be re -aired by the prime cortractor. Copies of all Certificates that the
prime contractor issued to subcontractors show?d be kept at the prma contractors place of busiress'or a
minimum of three years and be available for inspection in the evert of an and t.
Once an 80* has been assignee to you, please use the next .rive numbers falaiving it for any app]catons
submf ed Fc• future protects. This should be your permanent number. =ar ins-ance, f you wen= assigred 8d-
12345-0CIC1. every applicator submitted tereafter should conta n 89-12345 on :he application. The succe-ed-
ng numbers w3l be issued by the Department o* Revenue. DO NOT enter what you belave to be the next n
sequence as this may delay process^ng of your application.
9/99 Section 00670 Page 2
SECTION 00700
GENERAL CONDITIONS
9/99 Section 00700 Page 1
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or
modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling
Law. City of Fort Collins changes to this document are shown by underlining text that has been added and striking through text
that has been deleted.
STANDARD GENERAL CONDITIONS OF THE
CONTRACT BETWEEN
OWNER AND DESIGN/BUILDER
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly by
�� Nationsl
society of JANE
AC E C Professions! Engineers American v
__. _ _.... .. Civil Engineers
a.,..,r t ,,,,„ ,,, e, � ,: r o�n. ,,, Plofesa/anal fnpinean/nWiva� PtaeNee
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN COUNCIL OF ENGINEERING COMPANIES
AMERICAN SOCIETY OF CIVIL ENGINEERS
EJCDC D-700 Slanthlyd Genend Conditions of the Contract Between Owner and Design, Builder
Cgrynght '2/N12 National Soeiely of Prolewohd Entnneen for EJCUC. All nghts rtxr,ed.
EJCDC E -700 Standard Cenetd Conditions of the Cuntract Betwoen Owncr and Desig JBuildef
Copyright e,2002 National Society of Prufessiunal Engine for FJCDC. All nglus ru Ld.
These General Conditions have been prepared for use with either one of the two Agreements between
Owner and Design/Builder (Nos. D-520 and D-525, 2002 Editions) of the Engineers Joint Contract
Documents Committee. Their provisions are interrelated and a change in one may necessitate a change in
the others. The suggested language and instructions contained in the Guide to Use of EJCDC Design/Build
Documents (No. D-001, 2002 Edition) is also carefully interrelated with the language of these General
Conditions. The Guide also contains comments concerning the use of the General Conditions.
Copyright 02002 National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314-2794
American Council of Engineering Companies
1015 15th Street N.W., Washington, DC 20005
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
EJCL)C D-719J Stan Urd Cenral Conditions of the Contract Llerwccn Owner and Ihtsign'Huilder
C'opynght s'2IN12 National Society of Professional Lngincers for UC'UC. All nghts rc —ncd.
TABLE OF CONTENTS
Page
ARTICLE 1 -DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms.......................................................................................................................................................................
I
1.02 Terminology........................................................... .......................... ........................................
3
ARTICLE2 - PRELIMINARY MATTERS......................................................................................................................................4
2.01 Delivery of Bonds..................................................................................................................................................................4
2.02 Commencement of Contract Times; Notice to Proceed.........................................................................................................4
2.03 Starting the Work...................................................................................................................................................................4
2.04 Before Starting the Work.......................................................................................................................................................4
2.05 Initial Conference...................................................................................................................................................................4
2.06 Initial Acceptance of Schedules.............................................................................................................................................5
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE..............................................................................5
3.01 Intent......................................................................................................................................................................................5
3.02 Reference Standards...............................................................................................................................................................5
3.03 Resolving Discrepancies........................................................................................................................................................5
3.04 Amending and Supplementing Contract Documents.............................................................................................................6
3.05 RemseFiflPesumoRt Use of Design Materials.......................................................................................................................6
3.06 Electronic Data.......................................................................................................................................................................7
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS; HAZARDOUS ENVIRONMENTAL CONDITIONS...............................................................................7
4.01 Availability of Lands.............................................................................................................................................................7
4.02 Subsurface and Physical Conditions.............................................................................................7
4.03 Reference Points....................................................................................................................................................................9
4.04 Asbestos PCBs. Petroleum, Hazardous Waste or Radioactive ]Material .......
10
ARTICLE 5 -BONDS ANDINSURANCE....................................................................................................................................10
5.01 Performance, Payment and Other Bonds.............................................................................................................................11
5.02 Licensed Sureties and Insurers.............................................................................................................................................11
5.03 Certificates of Insurance......................................................................................................................................................1
1
5.04 Design/Builder's Liability Insurance....................................................................................................................................11
5.05 Owner's Liability Insurance.................................................................................................................................................12
5.06 Pfepeivt Builders Risk Insurance.........................................................................................................................................12
5.07 Waiver of Rights ..................................................................................................................................................................13
5.08 Receipt and Application of Insurance Proceeds...................................................................................................................14
5.09 Acceptance of Bonds and Insurance; Option to Replace.....................................................................................................14
5.10 Partial Utilization, Acknowledgment of Property Insurance...............................................................................................14
ARTICLE 6-DESIGN/BUILDER'S RESPONSIBILITIES...........................................................................................................14
6.01 Design Professional Services...............................................................................................................................................14
6.02 Supervision and Superintendence of Construction..............................................................................................................15
6.03 Labor, Working Hours.........................................................................................................................................................15
6.04 Services, Materials, and Equipment.....................................................................................................................................
15
6.05 Progress Schedule................................................................................................................................................................16
6.06 Concerning Subcontractors, Suppliers and Others...............................................................................................................16
6.07 Patent Fees and Royalties....................................................................................................................................................16
6.08 Permits.................................................................................................................................................................................17
6.09 Laws or Regulations............................................................................................................................................................17
6.10 Taxes....................................................................................................................................................................................17
6.11 Use of Site and Other Areas.................................................................................................................................................17
6.12 Record Documents...............................................................................................................................................................18
6.13 Safety and Protection...........................................................................................................................................................18
6.14 Safety Representative...........................................................................................................................................................18
6.15 Hazard Communication Programs.......................................................................................................................................18
6.16 Emergencies.........................................................................................................................................................................18
6.17 Submittals............................................................................................................................................................................19
6.18 Continuing the Work............................................................................................................................................................19
6.19 Post -Construction Phase......................................................................................................................................................19
6.20 Design/Builder's General Warranty and Guarantee.............................................................................................................19
6.21 Indemnification ....................................................................................................................................................................19
6.22 Survival of Obligations........................................................................................................................................................20
EJCDC 1}700 Standard General Conditions of the Contract Between Owner end Dmgn/Builder
Copyright C2002 National Society of Nuf'emional Engineers for EX13C. All rights reserved. Includes City of Fort Collins modifications doted 09/2004
ARTICLE7 - OTHER CONSTRUCTION......................................................................................................................................20
7.01 Related Work at Site............................................................................................................................................................20
7.02 Coordination........................................................................................................................................................................21
ARTICLE 8 -OWNER'S RESPONSIBILITIES.............................................................................................................................21
8.01 General.................................................................................................................................................................................21
8.02 Insurance ..............................................................................................................................................................................2
8.03 Limitations on Owner's Responsibilities..............................................................................................................................21
8.04 Undisclosed Hazardous Environmental Condition..............................................................................................................22
8.05 Resident Project Representation..........................................................................................................................................22
8.06 Owner's Consultant..............................................................................................................................................................22
ARTICLE 9 - CHANGES IN THE WORK; CLAIMS....................................................................................................................22
9.01 Authorized Changes in the Work.........................................................................................................................................22
9.02 Unauthorized Changes in the Work.....................................................................................................................................22
9.03 Claims..................................................................................................................................................................................22
9.04 Execution of Change Orders................................................................................................................................................22
9.05 Notice to Sureties.................................................................................................................................................................23
9.06 Effect of Change Orders......................................................................................................................................................23
ARTICLE 10-COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK.............................................................23
10.01 Cost ofthe Work................................................................................................................................................................23
10.02 Cash Allowances................................................................................................................................................................25
10.03 Unit Prices..........................................................................................................................................................................25
ARTICLE I - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES...........................................................25
11.01 Change of Contract Price...................................................................................................................................................25
11.02 Change of Contract Times.................................................................................................................................................26
ARTICLE 12 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE
CONSTRUCTIONOR WORK........................................................................................................................................................27
12.01 Notice of Defects...............................................................................................................................................................27
12.02 Access to Construction.......................................................................................................................................................27
12.03 Tests and Inspections.........................................................................................................................................................27
12.04 Uncovering Construction...................................................................................................................................................27
12.05 Owner May Stop Construction or Work............................................................................................................................28
12.06 Correction or Removal of Defective Construction or Work..............................................................................................
28
12.07 Correction Period...............................................................................................................................................................28
12.08 Acceptance of Defective Construction...............................................................................................................................28
12.09 Owner May Correct Defective Construction or Work.......................................................................................................28
12.10 No Limitation.....................................................................................................................................................................29
ARTICLE 13 - PAYMENTS TO DESIGN/BUILDER AND COMPLETION...............................................................................29
13.01 Schedule of Values............................................................................................................................................................29
13.02 Application for Progress Payment.....................................................................................................................................29
13.03 Review of Applications for Progress Payments.................................................................................................................29
13.04 DesignBuilderts Warranty of Title....................................................................................................................................30
13.05 Substantial Completion......................................................................................................................................................30
13.06 Partial Utilization...............................................................................................................................................................30
13.07 Final Inspection..................................................................................................................................................................31
13.08 Final Payment....................................................................................................................................................................31
13.09 Final Completion Delayed.................................................................................................................................................31
13.10 Waiver of Claims...............................................................................................................................................................32
ARTICLE 14 - SUSPENSION OF WORK AND TERMINATION...............................................................................................32
14.01 Owner May Suspend Work................................................................................................................................................32
14.02 Owner May Terminate for Cause.......................................................................................................................................32
14.03 Owner May Terminate for Convenience............................................................................................................................32
14.04 Design/Builder May Stop Work or Terminate...................................................................................................................33
ARTICLE15 -DISPUTE RESOLUTION......................................................................................................................................33
ARTICLE16-MISCELLANEOUS...............................................................................................................................................33
16.01 Giving Notice.....................................................................................................................................................................33
16.02 Computation of Times.......................................................................................................................................................33
16.03 Cumulative Remedies........................................................................................................................................................33
16.04 Survival of Obligations......................................................................................................................................................34
16.05 Controlling Law.................................................................................................................................................................34
FJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Buildor
Copyright 02002 National Society of Professional Engineers fix EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 0912004
STANDARD GENERAL CONDITIONS OF THE
CONTRACT BETWEEN
OWNER AND DESIGNBUILDER
ARTICLE l — DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Contract Documents and
printed with initial or all capital letters, 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 ovening of Proposals which clarify,
correct or change the Request for Proposals or the
Contract Documents.
2. Agreement — The written instrument which is
evidence of the agreement between Owner and
Design/Builder covering the Work.
, 3. Application for Payment — The form which is to
be used by Design/Builder 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. Change Order — A written order which is
signed by Design/Builder 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.
7. Claim — A demand or assertion by Owner or
Design/Builder seeking an adjustment of Contract Price or
Contract Times, or both, or other relief with respect to the
terms of the Contract A demand for money or services by
a third party is not a claim.
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 — The result of performing or
furnishing of labor, the furnishing and incorporating of
materials and equipment into the Work and the furnishing
of services (other than Design Professional Services) and
documents, all as required by the Contract Documents.
10. Construction Subagreement — A written
agreement between Design/Builder and a construction
Subcontractor for provision of Construction.
11. Contract — The entire and integrated written
agreement between Owner and Design/Builder concerning
the Work. The Contract supersedes prior negotiations,
representations, or agreements, whether written or oral.
12. Contract Documents — Those items so
designated in the Agreement. Only printed or hard copies
of the items listed in the Agreement are Contract
Documents.
13. Contract Price — The moneys payable by
Owner to Design/Builder for completion of the Work in
accordance with the Contract Documents.
14. Contract Times — The numbers of days or the
dates stated in the Agreement to (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 for
final payment and in accordance with paragraph 13.08.
15. Design/Builder — The individual or entity with
whom Owner has entered into the Agreement.
15a. Design Materials — Anv and all documents
shop drawings, electronic information, data, plans
drawings, sketches, illustrations, specifications,
descriptions, models and other information developed_
prepared, furnished, delivered or required to be delivered
by the Design/Builder (a) to the Owner under the
Contract Documents or (b) developed or prepared by the
Desi>m/Builder specifically to discharge its duties under
the Contract Documents
E.1CDC D-700 standard Cameral Conditions of the Contract Between 0%-� and Desip/auilder
Copyright 02002 National Society of Professional Engine for EiCDC:. All rights reserved. Includes City of Fort Collins modifications dated 09RM4
16. Design Subagreement — A written agreement
between Design/Builder 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 other 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 Design/Builder and
approved by Owner consisting of drawings, diagrams,
illustrations, schedules and other data which show the
scope, extent, and character of the Work.
19. Effective Date of the Agreement — The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated it means the date on which
the Agreement is signed and delivered by the last of the
two parties to sign and deliver.
20. Field Order — A written order issued by Owner
which orders minor changes in the Work in accordance
with Article 9 — Changes in the Work, Chumsbut which
does not involve a change in the Contract Price or the
Contract Times.
21. Hazardous Environmental Condition — The
presence at the Site of Asbestos, Hazardous Waste, PCBs,
Petroleum Products or Radioactive Materials in such
quantities or circumstances that may present a substantial
danger to persons or property exposed thereto on
connection with the Work.
22. 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.
23. 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.
23a. Lelzal Holidays — Those holidays observed by
the City of Fort Collins.
24. Liens — Charges, security interests or encum-
brances upon real property or personal property.
25. Milestone — A principal event specified in the
Contract Documents relating to an intermediate
completion date or time prior to Substantial Completion of
all the Work.
26. Notice of Award —The written notice by Owner
to the successful proposer stating that upon compliance by
the successful proposer with the conditions precedent
included therein, within the time specified, Owner will
sign and deliver the Agreement.
27. 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 the Work.
28. Owner — The individual or entity with whom
Design/Builder has entered into the Agreement and for
whom the Work is to be performed.
29. Owner's Consultant — An individual or entity
with whom the Owner may contract to furnish services to
Owner with respect to the Project and who is identified as
such in the Supplementary Conditions.
30. 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.
31. PCBs—Polychlorinatedbiphenyls.
32. 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.
33. Project — The total construction of which the
Work to be provided under the Contract Documents may
be the whole, or a part as indicated elsewhere in the
Contract Documents.
34. Proposal — The documents submitted by
Design/Builder in response to the Request for Proposals
setting forth the design concepts, proposed prices, and
other conditions for the Work to be performed.
35. 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.
35a. Reyilar Working Hours — 7:00 a.m. to 6 00
p.m., Monday through Friday, unless otherwise specified
in the Contract Documents.
36. Request for Proposals — The document prepared
by or for Owner specifying and describing Owner's
FJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/nwlder
Copyright 02002 National Society of Professional E*ncers for EICDC. All rights n od. Includes City of Fort Collins modifications dated 09/2004
2
or decreases in the Cost of the Work shall be determined in accordance with paragraph 1 l .Ol .0 of the
General Conditions.
B. In the case of net additions or deletions in the Work, the amount of any increase or
decrease in the Guaranteed Maximum Price shall be determined in accordance with paragraph 10.01 of
the General Conditions.
Article 9. PAYMENT PROCEDURES
9.01 DESIGNBUILDER shall submit and OWNER will process Applications for Payment in
accordance with Article 13 of the General Conditions. Applications for Payment will indicate the
amount of the DESIGN/BUILDER'S Fee then payable.
A. Progress Payments; Retainage. OWNER shall make progress payments on account of
the Contract Price on the basis of DESIGNBUILDER's Applications for Payment, on or about the 15th
day of each month during performance of the Work as provided in paragraphs 9.01.A.1 and A.2 below.
All such payments will be subject to the limitations of any Guaranteed Maximum Price or
DESIGNBUILDER's Fee and will be measured by the acceptable Schedule of Values established in
paragraph 2.06 of the General Conditions (and in the case of Unit Price Work based on the number of
units completed).
1. 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 13.03.B of
the General Conditions.
(1) 90 percent of Cost of the Work completed (with the balance being
retainage). If the Work has been 50% completed as determined by OWNER,
and if the character and progress of the Work have been satisfactory to OWNER,
OWNER may determine that as long as the character and progress of the Work
remain satisfactory, there will be no additional retainage on account of Work
completed, in which case the remaining progress payments prior to Substantial
Completion will be in an amount equal to 100% of the Work completed.
(2) 90 percent of (with the balance being retainage) of the cost of
materials and equipment not incorporated in the Work (but delivered, suitably
stored and accompanied by documentation satisfactory to OWNER as provided
in paragraph 13.02.A of the General Conditions).
b. Upon Substantial Completion, in an amount sufficient to increase total
payments to DESIGN/BUILDER to 95 percent of the Contract Price (with the balance
being retainage), less such amounts as OWNER shall determine that OWNER may
withhold, in accordance with paragraph 13.03.B of the General Conditions.
9/12/01 Section 00520 Page 3
objectives and the procedure to be followed in preparing
and submitting a Proposal and awarding a contract.
37. Resident Project Representative — The
authorized representative of Owner who may be assigned
to the Site or any part thereof.
37a. Samples — Physical examyIes 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 shall be
Judged.
38. Schedule of Values — A schedule prepared by
Design/Builder and acceptable to Owner indicating that
portion of the Contract Price to be paid for each major
component of the Work.
38a. Shop Drawings — All drawings, diagrams,
illustrations, 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.
39. Site — Lands or other areas designated in the
Contract Documents as being furnished by Owner upon
which Construction is to be performed, including rights -of -
way and easements for access thereto, and such other lands
furnished by Owner which are designated for use of
Design/Builder.
40. Specifications — The part of the Contract
Documents prepared by or for Design/Builder and
approved by Owner consisting of written technical
descriptions of materials, equipment, construction systems,
standards and workmanship as applied to the Work and
certain administrative details applicable thereto.
41. Subcontractor — An individual or entity other
than a Supplier having a direct contract with
Design/Builder or with any other Subcontractor for the
performance of a part of the Work.
42. Submittal — A written or graphic document
prepared by or for Design/Builder which is 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.
43. Substantial Completion — The time at which the
Work (or a specified part) has progressed to the point
where it is sufficiently complete, in accordance with the
Contract Documents, so that the Work (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 Work refer to
Substantial Completion thereof.
44. Supplementary Conditions - The part of the
Contract Documents which amends or supplements these
General Conditions.
45. Supplier — A manufacturer, fabricator, supplier,
distributor, materialman or vendor having a direct contract
with Design/Builder or with any Subcontractor to furnish
materials or equipment to be incorporated in the Work by
Design/Builder or any Subcontractor.
45a. Underground Facilities — All pipelines.
conduits, ducts, cables, wires. manholes, vaults, tanks,
tunnels or other such facilities or attachments, and any
encasement containing such facilities which have been
installed underground to famish any of the following
services or materials: electricity, gases, steam, liquid
petroleum products, telephone or other communications.
cable televisiom sewage and drainage removal, traffic or
other control systems or water.
46. Unit Price Work — Work to be paid for on the
basis of unit prices.
47. Work — The entire construction or the various
separately identifiable parts thereof required to be
performed or furnished under the Contract Documents.
Work includes and is the result of performing or furnishing
Design Professional Services and Construction required by
the Contract Documents.
48. 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 or
to emergencies. 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.
1.02 Terminology
A. Intent of Certain Terms or Adjectives:
1. The word "dav" shall constitute a calendar
day of 24 hours measured from midnight to the next
midnight.
2. The word "defective," when modifying the
words "Construction" or "Work" refers to Construction
or Work that is unsatisfactory. faulty. or deficient in that
EJCDC D-700 Standard General Conditions of the Contract Between Owner and Desigo/Builder
Copynglu C2002 National Satiety of Profc%imal Engineers far EJCUC. All rights ns od. lmludes City of Fop Collins modifications dated 04/2004
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 Comoletion)
provided that the defect was not caused by Owner.
3. The word "furnish." when used in connection
with services, materials, or equipment shall mean to
supply and deliver said services, materials or ecluipment
to the Site (or some other specified location) ready for
use or installation and in usable or operable condition.
4. The word "install." when used in connection
with services, materials, or equipment. shall mean to put
into use or place in final position said services, materials
or _equipment or equipment complete and ready for
intended use.
5. The words "perform" or `provide" when used
in connection with services. materials. or eauipment.
shall mean to furnish and install said services, materials,
or equipment complete and ready for intended use.
6. When "furnish." "install." "perform." or
"provide" is not used in connection with services,
materials, or equipment in a context clearly requiring an
obligation of Design/Builder. "provide" is implied.
7. Unless stated otherwise in the Contract
Documents, words or phrases which have a well -
technical or construction industry or trade meaning are
used in the Contract Documents in accordance with that
meaning.
ARTICLE 2—PRELIMINARY MATTERS
2.01 Delivery of Bonds
A. When Design/Builder 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 Times; 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. Unless agmed to in wFiting by Owner- a
2.03 Starting the Work
A. Design/Builder shall start to perform the Work
on the date when the Contract Times commence to run. No
Work shall be done at the Site prior to the date on which the
Contract Times commence to run.
2.04 Before Starting the Work
A. Design/Builder's Review of Contract Documents:
Before undertaking each part of the Work, Design/Builder
shall carefully study and compare those Contract Documents
prepared by Owner and check and verify pertinent figures
therein and all applicable field measurements. Design/Builder
shall promptly report in writing to Owner any conflict, error,
ambiguity, or discrepancy which DesignBuilder 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.
B. Preliminary Schedules: Within 10 days after
commencement of the Contract Times (unless otherwise
specified in the Contract Documents), Design/Builder shall
submit the following to Owner for its timely review:
1. A preliminary progress schedule indicating
the times (numbers of days or dates) for starting and
completing the various stages of the Work, including any
Milestones specified in the Contract Documents:
2. A oreliminary schedule of Submittals which
will list each required Submittal and the times for
submitting, reviewing and processing each Submittal: in
no case will a schedule be acceptable which allows less
than seven (7) calendar days for each review by owner.
3. A preliminary Schedule of Values for all of
the Work which will include quantities and prices of
items which when added together equal the Contract
Price and subdivides the Work into component parts in
sufficient detail to serve as the basis for progress
pmyments during performance of the Work. Such prices
will include an appropriate amount of overhead and
profit applicable to each item of Work: and
4. A preliminary cash flow projection estimating
that portion of the Contract Price to be due during each
month of Derformance.
E' lCDC D-700 Standard General Conditions of the Contract Botween owner and Design/Buildcr
Copyright 02002 National society of Professional Engineer; for E1CDC. All rights reservcd. Imludes City of Fort Collins modifications dated 092004
4
C. Evidence of Insurance: Before any Work at the Site
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.
2.05 Initial Conference
A. Within twenty days after the Contract Times
start to run, Design/Builder will arrange a conference attended
by Owner and Design/Builder and others as appropriate to
establish a working understanding among the parties as to the
Work and to discuss the design concepts, schedules referred to
in paragraph 2.04.13, procedures for handling Submittals,
processing Applications for Payment, maintaining required
records, items required pursuant to paragraph 8.0I.A.6 and
other matters.
2.06 Initial Acceptance of Schedules
A. At least ten days before submission of the first
Application for Payment (unless otherwise provided in the
Contract Documents), Design/Builder will arrange a
conference attended by Design/Builder, Owner and others as
appropriate to review for acceptability the schedules submitted
in accordance with paragraph 2.04.B. 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.B
Design/Builder shall have an additional ten days to make
corrections and adjustments and to complete and resubmit the
schedules. No progress payment shall be made to
Design/Builder until the acceptable schedules are submitted to
Owner.
1. The progress schedule will be acceptable to
Owner if it provides an orderly progression of the Work
to completion within any specified Milestones and the
Contract Times Such acceptance will not impose on
Owner resnonsibility for the progress schedule_ for
sequencing, scheduling or progress of the Work nor
interfere with nor relieve Design/Builder from
Design/Builder's full responsibility therefor.
2. Desian/Buildees schedule of Submittals will
be acceptable to Owner if it provides a workable
arrangement for reviewing and processing the required
Submittals.
3. Design/Builder's Schedule of Values will be
acceptable to Owner as to form and substance if it
provides a reasonable allocation of the Contract Price to
component parts of the work.
ARTICLE 3 — CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary;
what is called for by one is as binding as if called for by all.
B. It is the intent of the Contract Documents to
describe a functionally complete Project (or part thereof) to be
designed and constructed in accordance with the Contract
Documents. Any labor, documentation, services, 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 at no
additional cost to Owner.
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.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws or
Regulations.
1. Reference to standards, specifications,
manuals or codes of any technical society, organization
or association_ or to Laws or Regulations, whether such
reference be specific or by implicatiom shall mean the
latest standard, snecifrcation, manual, code. or Laws or
Regulations in effect on the last day for receipt of
Proposals except as may be otherwise soccifrcally stated
in the Contract Documents.
FJCDC D-700 Standard cenerzl Conditions of the Contract Betw= Owner and Design/nuildes
Copyright 02002 National Society of Professional Engineers for EICDC. All rights �ed. Includes City of Fort Collins trdificatiwts datod 092004
2. No Provision of any such standard
specification, manual, code, or instruction of a Supplier
shall be effective 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 the Contract
Documents.
3.03 Resolving Discrepancies
A. In the event of a discrepancy between the
Conceptual Documents on the one hand and the Proposal or
Drawings or Specifications on the other hand, the Conceptual
Documents will control except when Owner has approved a
Submittal pursuant to paragraph 6.17.B.
B. Except as otherwise specifically stated in the
Contract Documents, 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 in violation of such
Law or Re ation).
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 Notwilhstaninn the
foregoing the more specific provision will take
precedence over the less specific-, the more naent will
take precedence over the less stringent the more
expensive item will take precedence over the less
expensive. On all drawinp-s. figures take precedence
over scaled dimensions. Scaling of dimensions, if done.
is done at the Desigm/Builder's own risk
C. If during the performance of the Work
Design/Builder discovers any conflict_ error, ambiguity,
or discret)ancy within the Contract Documents or
between the Contract Documents and any provision of
any such Law or Regulation anplicable 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 3.03.13Design/Builder
shall report it to Owner in writing at once and
DesignBuilder shall not proceed with the Work affected
thereby (except in an emergency as authorized by
paragraph 6.16) until an amendment or supplement to the
Contract Documents has been issued by one of the
methods indicated in paragraph 3 04 A7 provided
however. that Design/Builder shall not be liable to
Owner for failure to report any such conflict, error
arnbiguity or discrepancy unless DesigrtBuilder knew or
reasonably should have known thereof
3.04 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 6.17.13).
2. A Work Change Directive:
3. A Change Order:
4. A Field Order:
5. A formal Written Amendment.
3.05 Use of Design Materials
A. All documents including Drawings and
Specifications prepared or furnished by Design/Builder
pursuant to this Agreement are for Design/Builder's own use,
and Design/Builder 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 or any continued use after any termination without
written verification or adaptation by Design/Builder for the
specific purpose intended will be at Owner's sole risk and
without liability or legal exposure to Design/Builder and
Owner shall indemnify and hold harmless Design/Builder and
Subcontractors from all claims, damages, losses and expenses
including attorneys' fees arising out of or resulting therefrom.
Any such verification or adaptation will entitle Design/Builder
to further compensation at rates to be agreed upon by Owner
and DesignBi ilder. The Owner shall have unlimited rights to
copy and use m connection with the Project all Design
Materials, including the right to use same on the Project at no
additional cost to the Owner, regardless of degree of
completiorn provided that said services performed have been
fully paid for as required by the terms of this Amement The
Design/Builder agrees to and does herby grant to the Owner
and any assignee or successor of the Owner as owner of the
UCDC D-700 Standard Lateral Conditions of the Contract netwmn (Tuner and Desigdauilder
Copyright 62002 National Society of Professional Fsgineas Car UCDC. All rights res c d. Includes City of Fort Collins modifications dated 0912004
6
Proiect a royalty -free license to any such Design materials as
to which the Design/Builder may assert any rights under the
patent or copyright laws. The Design/Builder hereby assigns
outright and exclusively to the Owner all copyrights in the
design appearance of the Project. The Desipt /Builder as nart
of its agreements with any Subcontractor or consultant will
secure such license and use rights from each such entity, and
shall defend. indemnify and hold the Owner and any
successors or assigns harmless from any claims by such
entities for copyright or patent infringement.
B. The Drawings, Specifications and other
documents prepared for this Project are for use solely with
respect to this Project and the author of these documents,
consistent with Owner's ownership of the design, shall retain
all common law, statutory and other reserved rights, including
the copyright. The Owner shall be permitted to retain copies,
including reproducible copies, of the Drawings, Specifications
and other documents for information and reference in
connection with the Owner's use and occupancy of the
Project. The Drawings, Specifications or other documents
shall not be used by the Owner or others on other projects.
Submission or distribution of documents to meet official
regulatory requirements or for other similar purposes in
connection with the Project is not to be construed as
publication in derogation of the rights reserved herein.
C. Subject to Owner's remedies for a default, the
Owner shall release the DesignBuilder, its Subcontractors,
consultants, and their respective agents and employees from
all Owner's claims, liabilities, demands, actions, costs and
expenses (including reasonable attorney's and "pert's fees
and costs) (a) arising from any use by the Owner, its
successors or assigns of such Design Materials if the
Design/Build Agreement is terminated by the Owner prior to
Substantial Completion of the Work, or (b) arising as a result
of amendments or modifications of any such Design Materials
made without the prior consent of Design/Builder, and which
do not result from errors, omissions or negligence in the
Design Materials supplied hereunder.
D. 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.
3.06 Electronic Data
A. Copies of data furnished by Owner to
Design/Builder or Design/Builder to Owner that may be relied
upon are limited to the printed copies (also known as hard
copies). Files in electronic media format of text, data,
graphics, or other types are furnished only for the convenience
of the receiving party. Any conclusion or information
obtained or derived from such electronic files will be at the
user's sole risk. If there is a discrepancy between the
electronic files and the hard copies, the hard copies govern.
B. Because data stored in electronic media
format can deteriorate or be modified inadvertently or
otherwise without authorization of the data's creator, the party
receiving electronic files agrees that it will perform acceptance
tests or procedures within 60 days, after which the receiving
party shall be deemed to have accepted the data thus
transferred. Any errors detected within the 60-day acceptance
period will be corrected by the transferring party.
C. When transferring documents in electronic
media format, the transferring party makes no representations
as to long term compatibility, usability, or readability of
documents resulting from the use of software application
packages, operating systems, or computer hardware differing
from those used by the data's creator.
ARTICLE 4 — AVAILABILITY OF LANDS;
SUE SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS; HAZARDOUS
ENVIRONMENTAL CONDITIONS
4.01 Availability of Lands
A. Owner shall furnish the Site. Owner shall
notify Design/Builder of any encumbrances or restrictions not
of general application but specifically related to use of the Site
which Design/Builder will have to comply in performing the
Work. Unless otherwise provided in the Contract Documents,
Owner will obtain in a timely manner and pay for easements
for permanent structures or permanent changes in existing
facilities. If Design/Builder 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 the Site, Design/Builder may
make a Claim therefor as provided in Article 9.
B. Upon reasonable written request, Owner shall
furnish Design/Builder with a current statement of record legal
title and legal description of the lands upon which the
Construction is to be performed and Owner's interest therein
as necessary for giving notice of or filing a mechanic's lien
against such lands in accordance with applicable Laws or
Regulations.
C. Design/Builder shall provide for all additional
lands and access thereto that may be required for temporary
construction facilities or storage of materials and equipment.
4.02 Diffeising Site Conditions Subsurface and Physical
Conditions
EJCDC D-700 standard Gernend Conditions of the Connect Between owner and IksipJBuilder
Copyright C2002 National society of Professional Engineers for tiJCDC.All rights reserved. Includes City of Fort Collins modifications dated 09/2004
7
A. Design/Builder shall promptly, and before the
conditions are disturbed, give a written notice to Owner of (i)
subsurface or latent physical conditions at the Site which
differ materially from those indicated in the Contract
Documents, or (ii) unknown physical conditions at the Site, of
an unusual nature, which differ materially from those
ordinarily encountered and generally recognized as inhering in
work of the character called for by the Contract Documents.
B. Owner will investigate the Site conditions
promptly after receiving the notice. If the conditions do
materially so differ and cause an increase or decrease in the
Design/Bui[der's cost of, or the time required for, performing
any part of the Work, whether or not changed as a result of the
conditions, an equitable adjustment shall be made under this
clause and the Contract Price or Times modified in writing by
Change Order in accordance with Article 9.
C. No request by DesignBuilder for an equitable
adjustment under paragraph 4.02 shall be allowed unless
Design/Builder has given the written notice required; provided
that the time prescribed in 9.03.A for giving written notice
may be extended by Owner.
D. The provisions of this paragraph 4.02 are not
intended to apply to a Hazardous Environmental Condition
uncovered or revealed at the Site.
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, including the following:
See Section 00800 Supplementary Conditions
Design/Builder may rely upon the accuracy of the
technical data contained in the geotechnical documents, but
not upon nontechnical data, interpretation 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:
See Section 00800 Supplementary Conditions
B. Limited Reliance by DesignBuilder
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 DesignBuilder believes that any subsurface or
physical condition at or contiguous to the site that is
uncovered or revealed either:
1. 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
2. is of such a nature as to require a change in
the Contract Documents, or
3. differs materially from that shown or indicated
in the Contract Documents, or
4. 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
5. 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 6.16), notify Owner in writing about such condition.
Design/Builder shall not further 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 and determine the necessity of
obtaining additional exploration or tests with respect thereto.
EJCDC D-700 standard General Conditions of the Contract Between Ow= and DesigJauildu
Copyright 02002 National Society of Professional Engineers for FJCDC.. A J rights reserved. Includes City of Fort Collins modifications dated 09/2004
8
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/Builders cost of, or time required for
performance of, the Work; subject, however, to the following:
1. such condition must meet any one of 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 automatice 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 10.03; and
4. Design/Builder shall not be entitled to any
adjustment in the Contract Price or Times if:
a. 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
b. 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's making such final
commitment; or
C. Design/Builder failed to give the written
notice within the time and as required by Paragraph 4.02.0
above.
5. If Owner and Design/Builder are unable to
agree on entitlement to or as to the amount or length of any
such equitable adjustment in the Contract Price or Contract
Times, a claim may be made therefor as provided in Articles
10 and 11. However, Owner shall not be liable to
Design/Builder for any claims, costs, losses or damages
sustained by Design/Builder on or in connection with any
other project or anticipated project.
G. Physical Conditions — Underground Facilities:
1. Shown or Indicated: The information and
data shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or contiguous to
the site is based on information and data furnished to Owner
by the owners of such Underground Facilities or by others
Unless it is otherwise expressly provided in the
Supplementary Conditions, Owner shall not be responsible for
the accuracy or completeness of any such information or data,
and the cost of all of the following will be included in the
Contract Price and Design/Builder shall have full
responsibility for:
a. reviewing and checking all such information
and data,
b. locating all Underground Facilities shown or
indicated in the Contract Documents,
C. coordination of the Work with the owners of
such Underground Facilities during construction, and
d. the safety and protection of all Underground
Facilities as provided in paragraph 6.13 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 6.16),
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 DesignBuilder on
or in connection with any other project or anticipated project.
EJCDC Q700 Standard General Conditions of the Contract Between Owner and Desi®JBuilder
Copyright C2002 Nationai Smidy ofPmkssio nal Engineers Far E:JCDC. All rights reserved, lmludes City of Fat Collin modifications dated 09/2004
9
4.03 Reference Points
A. Design/Builder shall be responsible for laying
out the Work and shall protect and preserve the reference
points and property monuments 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.
Design/Builder 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 EnviFeamental Condition at Ske
Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material
A. Design/Builder will not be responsible for any
Hazardous Environmental Condition encountered at the Site
which was not identified in the Contract Documents to be
within the scope of the Work. Design/Builder shall be
responsible for materials creating a Hazardous Environmental
Condition created by any materials brought to the Site by
Design/Builder, Subcontractors, Suppliers or anyone else for
whom Design/Builder is responsible Owner shall be
restfonsible 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.5. OWNER shall not be
responsible for any such materials brought to the site
managed stored or disoosed of by DesignBuilder,
Subcontractors. Suppliers, or anyone else for whom
Design/Builder is responsible-
B. If Design/Builder encounters a Hazardous
Environmental Condition, Design/Builder shall immediately:
(i) secure or otherwise isolate such condition; (ii) stop all
Construction in connection with such condition and in any
area affected thereby (except in an emergency as required by
paragraph 6.16); and (iii) notify Owner (and thereafter confirm
such notice in writing). Owner shall promptly determine the
necessity of retaining a qualified expert to evaluate such
condition or take corrective action, if any.
C. Design/Builder shall not be required to resume
Construction in connection with such Hazardous
Environmental Condition or in any such affected area until
after Owner has obtained any required permits related thereto
and delivered to Design/Builder written notice (i) specifying
that such condition and any affected area is or has been
rendered safe for the resumption of Construction, or (ii)
specifying any special conditions under which such
Construction may be resumed safely. If Owner and
Design/Builder cannot agree as to entitlement to or the amount
or extent of an adjustment, if any, in Contract Price or
Contract Times as a result of such Construction stoppage or
such special conditions under which Construction is agreed to
be resumed by Design/Builder, either party may make a Claim
therefor as provided in Article 9.
D. If after receipt of such special written notice
Design/Builder does not agree to resume Construction based
on a reasonable aelief it is unsafe, or does not agree to resume
such Construction under such special conditions, then Owner
may order such portion of the Work that is related to such
Hazardous Environmental Condition to be deleted from the
Work. If Owner and Design/Builder cannot agree as to
entitlement to or the amount or extent of an adjustment, if any,
in Contract Price or Contract Times as a result of deleting such
portion of the Work, then either party may make a Claim
therefor as provided in Article 9. Owner may have such
deleted portion of the Work performed by Owner's own forces
or others in accordance with Article 7.
E. To the fullest extent permitted by Laws or
Regulations, Owner shall indemnify and hold harmless
Design/Builder, Subcontractors, Suppliers and the officers,
directors, partners, employees, agents, other consultants and
subcontractors of each and any of them 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 such
Hazardous Environmental Condition, provided that such
Hazardous Environmental Condition: (i) was not shown or
indicated in the Contract Documents to be included in the
scope of the Work, and (iii) was not created by Design/Builder
or by anyone for whom Design/Builder is responsible.
Nothing in this paragraph 4.04.E shall obligate Owner to
indemnify any individual or entity from and against the
consequences of that individual's or entity's own negligence.
F. To the fullest extent permitted by Laws or
Regulations, Design/Builder shall indemnify and hold
harmless Owner, Owner's Consultant and the officers,
directors, partners, employees, agents, other consultants and
subcontractors of each and any of them 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 such
Hazardous Environmental Condition created by
Design/Builder or anyone for whom Design/Builder is
responsible. Nothing in this paragraph 4.04.17 shall obligate
Design/Builder to indemnify any individual or entity from and
against the consequences of that individual's or entity's own
negligence.
ARTICLE 5 — BONDS AND INSURANCE
LJCDC D-700 Standard General Conditions of the Contract Between Owner and Design: Builder
Copyright, 2(N)2 National Society of Professional Engineers for LJCoC. All rights reserved Includes City or Fort Collins m Khfiica ions dated 097 2(m
10
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 Design/Buildees obligations to furnish, provide
and pay for Work 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 Contract Documents.
B. 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 by the Audit Staff, Bureau of Government
Financial Operations, U.S. Department of the Treasury. All
Bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act.
C. If the 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 5.01.13 and 5.02, Design/Builder
shall within Nventy ten LI0 days thereafter substitute another
Bond and surety, both of which shall - mply • ith �
requirements—ef paragraphs 3-91.9 and 5.02 must be
acceptable to Owner.
5.02 Licensed Sureties and Insurers
A. All Bonds and insurance required by the
Contract Documents to be purchased and maintained by
Owner or Design/Builder shall be obtained from surety or
insurance companies that are duly licensed or authorized in the
jurisdiction in which the Project is located to issue Bonds or
insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such
additional requirements and qualifications as may be provided
in the Supplementary Conditions.
5.03 Certificates of Insurance
A. Design/Builder 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 Design/Builder is required to
purchase and maintain. Owner shall deli—er te
Design/Builder, with GepieS te eaPh 241i ,
5.04 Design/Builder's Liability Insurance
A. Design/Builder shall purchase and maintain
such liability and other insurance as is appropriate for the
Work being performed and as will provide protection from
claims set forth below which may arise out of or result from
Design/Buildees performance of the Work and
Design/Builder's other obligations under the Contract
Documents, whether it is to be performed by Design/Builder,
any Subcontractor or Supplier or by anyone directly or
indirectly employed by any of them to perform any of the
Work, or by anyone for whose acts any of them may be liable:
I Claims under workers' compensation
disability benefits and other similar employee benefit
acts;
2. Claims for damages because of bodily iniury,
occupational sickness or disease, or death of
Design/Buildees employees:
3 Claims for damages because of bodily injury
sickness or disease, or death of any person other than
Design/Buildees employees;
4. Claims_ for damages insured by reasonabi
available personal iniury liability coverage which are
sustained (i) by any person as a result of an offense
directly or indirectly related to the employment of such
person by Design/Builder, or (ii) by any other nerson for
any other reason
5. Claims for damages, other than to the Work
itself, because of iniury to or destruction of tangible
property wherever located including loss of use resulting
therefrom,• and
6. Claims for damages because of bodily iniury
or death of any person or property damage arisingout ut of
the ownership, maintenance or use of any motor vehicle.
B. The policies of insurance required by
paragraph 5.04.A shall:
i. With respect to insurance required b
paragraphs 5.04.A.3 through 5.04.A.6 inclusive. 5.04 B.3
^-''�C (subject to any customary exclusion in
respect of professional liability) include as additional
insureds Owner and Owner's Consultants and any other
persons or entities indicated in the Supplementary
Conditions all of whom shall be listed as additional
insureds, and include coverage for the respective
E1CDC D-700 Snmdard General Conditions Of the Contract Bet-cen Opener and Desifttniaudder
Copyright 21X)2 Nmiona m Snoiety ol-Pritisional Engineers for E1CDC. All rights resmed. Inchnie, City of Fort Collins mtMilicanons thued 00r2q);
11
officers. directors, Partners- and employees, agents, and
other consultants and subcontractors of each and any of
all such additional insureds, and the insurance afforded
to these additional insureds shall nrovide Primary
coverage for all claims covered thereby;
2. Include at least the specific coverages and be
written for not less than the limits of liability orovided in
the Supplementary Conditions or required by Laws or
Regulations. whichever is greater: the limits of liability_
for the insurance required by the paragraph numbers of
the General Conditions listed below are as follows:
For paragraphs 5.04.A.1 and 5.04.A.2: Coverage A
— Statutory limits: Coverage B -- $100,000/ $100.000/
50$ 0,000.
For paragraphs 5.04.A.3 and 5 04.A.5: The
Commercial General Liability Policy will have limits of
$1,000,000 combined single limits (CSL). This policy
will include coverage for Explosions. Collapse, and
Underground coverage unless waived by the Owner.
For Paragraph 5.04.A.6: The Comprehensive
Automobile Liability Insurance policy will have limits of
$1.000,000 combined single limits (CSL).
For paragraph 5.04.13.1 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.
3. Include completed operations insurance:
4. Include contractual liability insurance
covering Design/Builder'r obligAtig_.. ••—a—AMPFaR
-
5. Contain a provision or endorsement that the
coverage afforded will not be canceled, materially
changed or renewal refused until at least thirty days' prior
written notice has been given to Owner and each other
additional insured indicated in the Supplementary
Conditions to whom a certificate of insurance has been
issued (and the certificates of insurance furnished by the
Design/Builder ou_rsuant to Daragraph 5.03 will so
provide),
6. Remain in effect at least until final payment
and at all times thereafter when Design/Builder 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 coverage written on a
claims -made basis, remain in effect for at least two vears
after final payment (and Design/Builder shall furnish
Owner and each other additional insured indicated in the
Suni lementary Conditions to whom a certificate of
insurance has been issued evidence satisfactory to Owner
and any such additional insured of continuation of such
insurance at final Payment and one year thereafter).
C. Design/Builder s Professional Liability Errors
& Omissions Insurance. DesienBuilder 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 Desivn/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 or furnish any of the Work, or by
anyone for whose acts any of them may be liable.
5.05 Owner's Liability Insurance
A. In addition to the insurance required to be
provided by Design/Builder under paragraph 5.04, 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.
5.06 PrepeFEy Builders Risk Insurance
A. Unless otherwise provided in the
Supplementary Conditions, Owner shall purchase and
maintain property insurance upon the Construction at the Site
in the amount of the full replacement cost thereof (subject to
such deductible amounts as may be provided in the
Supplementary Conditions or required by Laws or
Regulations). This insurance will:
Include the interests of Owner. Owner's
Consultant. Design/Builder, Subcontractors, and any
other individuals or entities indicated in the
Supplementary Conditions, and the officers, directors,
partners, employees, agents, and other consultants and
subcontractors of each and any of them each of whom is
deemed to have an insurable interest and shall be listed
as an insured or additional insured:
2. Be written on a Builder's Risk "all-risk" or
open peril or special causes of loss Policy form that shall
at least include insurance for physical loss and damage to
the Construction. temporary buildings. falsework and all
materials and equipment in transit, and shall insure
against at least the following perils or causes of loss:
fire, lightning, extended coverage. theft, vandalism and
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2. For DESIGN/BUILDER'S Fee: Progress payments on account of the
DESIGN/BUILDER'S Fee will be made as follows:
a. Payments prior to Substantial Completion will be in an amount equal to 90
percent of such Fee earned to the date of the approved Application for Payment (less in
each case payments previously made on account of such fee) based on the progress of
the Work measured by the Schedule of Values established as provided in paragraph
2.06.A of the General Conditions (and in the case of Unit Price Work on the number of
units completed) and upon Substantial Completion in an amount sufficient to increase
total payments to DESIGN/BUILDER on account of that fee to 95 percent of the
DESIGNBUILDER's Fee.
B. Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 13.08 of the General Conditions and statutorily required procedures as set forth in Section
16.05.A of the General Conditions, OWNER shall pay remainder of the Contract Price.
Article 10. DESIGN/BUILDER'S REPRESENTATIONS
10.01. DESIGN/BUILDER makes the following representations:
A. DESIGN/BUILDER has examined and carefully studied the Contract Documents
(including the Addenda) listed in paragraphs 12.0 LA through J but excluding the documents described
in paragraph 12.0 LK 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. DESIGN/BUILDER 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. DESIGN/BUILDER 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. DESIGN/BUILDER is aware of the general nature of work to be performed by OWNER
and others at the Site that relates to the Work as indicated in the Contract Documents.
F. DESIGN/BUILDER has correlated the information known to 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. DESIGN/BUILDER has given OWNER written notice of all conflicts, errors,
9/12/01 Section 00520 Page 4
malicious mischief. earthquake, collapse, debris removal,
demolition occasioned by enforcement of Laws or
Regulations, water damage, and such other perils or
causes of loss as may be specifically required by the
Supplementary Conditions:
3 Include expenses incurred in the repair or
replacement of any insured property (including but not
limited to fees and charges of engineers and architects):
4. Cover materials and equipment stored at the
Site or at another location that was agreed to in writing
by Owner prior to being incorporated in the
Construction, provided that such materials and
equipment have been included in an Application for
Payment arloroved by Owner:
5. Allow partial utilization in accordance with
paragraph 13,06:
6. Include testing and startup: and
7. Be maintained in_effect until final oavment i
made unless otherwise agreed to in writing by Owner
and Design/Builder with thirty days' written notice to
each other additional insured_ to whom a certificate of
urance has been issued
B. Owner shall purchase and maintain such
boiler and machinery insurance or additional property
insurance as may be required by the Supplementary
Conditions or Laws or Regulations which will include the
interests of Owner, Owner's Consultants, Design/Builder,
Subcontractors, and any other individuals or entities indicated
in the Supplementary Conditions, each of whom is deemed to
have an insurable interest and shall be listed as an insured or
additional insured
C. All the policies of insurance (and the
certificates or other evidence thereof) required to be purchased
and maintained by Owner in accordance with paragraph 5.06
will contain a provision or endorsement that the coverage
afforded will not be canceled or materially changed or renewal
refused until at least 30 days' prior written notice has been
given to Design/Builder and to each other additional insured to
whom a certificate of insurance has been issued and will
contain waiver provisions in accordance with paragraph 5.07.
D. Owner shall not be responsible for purchasing
and maintaining any property insurance to protect the interests
of DesignBuilder, Subcontractors, Suppliers, or others in the
Work to the extent of any deductible amounts that are
identified in the Supplementary Conditions. The risk of loss
within such identified deductible amount, will be home by
Design/Builder, Subcontractor or others suffering any such
loss and if any of them wishes property insurance coverage
within the limits of such amounts, each may purchase and
maintain it at the purchasers own expense.
E. If Design/Builder requests in writing that
other special insurance be included in the property insurance
policies provided under paragraph 5.06, Owner shall, if
possible, include such insurance, and the cost thereof will be
charged to Design/Builder by appropriate Change Order.
Prior to commencement of the Work at the Site, Owner shall
in writing advise Design/Builder whether or not such other
insurance has been procured by Owner.
5.07 Waiver of Rights
A. Owner and DesignBuilder intend that all
policies purchased in accordance with paragraph 5.06 will
protect Owner, Owner's Consultant, Design/Builder,
Subcontractors, Suppliers, and all other individuals or entities
indicated in the Supplementary Conditions to be listed as
insureds or additional insureds (and the officers, directors,
partners, employees, agents, and other consultants and
subcontractors of each and any of them) in such policies and
will provide primary coverage for all losses and damages
caused by the perils or causes of loss covered thereby. All
such policies shall contain provisions to the effect that in the
event of payment of any loss or damage the insurers will have
no rights of recovery against any of the insureds or additional
insureds thereunder. Owner and Design/Builder waive all
rights against each other and their respective officers,
directors, partners, employees, agents, and other consultants
and subcontractors of each and any of them for all losses and
damages caused by, arising out of or resulting from any of the
perils or causes of loss covered by such policies and any other
property insurance applicable to the Work; and, in addition,
waive all such rights against Owner's Consultant,
Subcontractors, Suppliers, and all other individuals or entities
indicated in the Supplementary Conditions to be listed as
insureds or additional insureds under such policies for losses
and damages so caused. None of the above waivers shall
extend to the rights that any party making such waiver may
have to the proceeds of insurance held by Owner as trustee or
otherwise payable under any policy so issued.
B. Owner waives all rights against
Design/Builder, Subcontractors, and Suppliers and the
officers, directors, employees and agents of any of them for:
1. Loss due to business interruption, loss of use,
or other consequential loss extending beyond direct
physical loss or damage to Owner's property caused by
arising out of or resulting from fire or other peril whether
or not insured by Owner: and
2. Loss or damage to the completed Proiect or
any part thereof caused by, arising out of or resulting
from fire or other insured peril or cause or loss covered
by any Property insurance maintained on the completed
Proiect or part thereof by Owner during partial utilization
pursuant to paragraph 13 06 after Substantial
E1CDC D-7011Standard General conditions ol'du Contract aMween Owner and Uesign'nuilder
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Completion pursuant to paragraph 13.05, or after final
payment pursuant to paragraph 13.08.
C. Any insurance policy maintained by Owner
covering any loss, damage or consequential loss referred to in
paragraph 5.07.E shall contain provisions to the effect that in
the event of payment of any such loss, damage, or
consequential loss, the insurers will have no rights of recovery
against Design/Builder, Subcontractors, Owner's Consultant,
and the officers, directors, partners, employees, agents, and
other consultants and subcontractors of each and any of them.
5.08 Receipt and Application of Insurance Proceeds
A. Any insured loss under the policies of
insurance required by paragraph 5.06 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 5.08.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 Construction
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.
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 15 days after the
occurrence of loss to Owner's exercise of this power. If such
objection be made, Owner as fiduciary shall make settlement
with the insurers in accordance with such agreement as the
parties in interest may reach. If no such agreement among the
parties in interest is reached, Owner as fiduciary shall adjust
and settle the loss with the insurers slid, ov_equi ea in wFiting
5.09 Acceptance of Bonds and Insurance; Option to
Replace
�[illiilMl11y1W�
5.10 Partial Utilization, Acknowledgment of 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 Work as provided in paragraph 13.06,
no such use or occupancy shall commence before the insurers
providing the property insurance pursuant to paragraph 5.06
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 canceled or permitted to lapse on account of any such
partial use or occupancy.
ARTICLE 6 — DESIGN/BUILDER'S
RESPONSIBILITIES
6.01 Design Professional Services
A. Standard of Care. The standard of care for Design
Professional 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.
B. Preliminary Design Phase. After the Contract Times
commence to run, Design/Builder shall:
1. Consult with Owner to understand Owner's
requirements for the Proiect and review available data:
A. If eithw Owner BF DesignoQuildeP has any
objection to the coverage afforded by or other provisions of 2. Advise Owner as to the necessity of Owner's
the Bonds or insurance required to be purchased and providing or obtaining from others additional r_eRorts
maintained by the ether pates Design/Builder in accordance data, or services of the tomes provided inRaragraoh
with Article 5 on the basis of their not complying with the 8.01.A.6.a-g and assist Owner in obtaining such reports.
R Contract Documents, t",s ebjeetiRg fm, Owner shall so notify data, or services:
the ElY.,o--o iff p", Design/Builder in writing within tee fifteen
(15) days after receipt of the certificates (or other evidence 3. Identify and analyze requirements of
requested) required by paragraph 2.04.C. Owner and governmental authorities having iurisdiction to approve
Design,guilder shall p- ••ide te the etheF - eh addit: __t the portions of the Proiect designed or specified by
Desizn/Builder with whom consultation is to be
masenabl5 request. if either pany—Eloe;—fiat pufehose—or undertaken in connection with the Proiect
by the C ant___t Doe. men ueh p" shall n etif the et.he 4. Obtain such additional geotechnical and
f,..a , : Writing Elf S il Ch fd._e t@ _,.tidS@ prier the Stac related information which it deems necessary for
e performance of the Work:
E7CDC. D-lW Standard Gencral Conditions of [hc Contrdet aelwcen Owner and Desiga'0uilder
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5. On the basis of the Conceptual Documents
and Design/Builder's Proposal prepare prelimina
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 times indicated
in the schedules described in paragraphs 2.06.A.I and
2.06.A.2: and
7. Identify any variations in the preliminary
design documents from the Contract Documents in
accordance with 6.17.13.
C. Final Design Phase. After written acceptance by
Owner of the preliminary design phase documents
Design/Builder shall:
I. On the basis of the accented Preliminary
Design Phase documents. prepare final Drawings
showing the scope, extent, and character of the
Construction to be performed and famished by
Design/Builder and Specifications (which will be
prepared. where appropriate. in general conformance
with the sixteen division format of the Construction
ecifications Institute
2. Provide technical criteria, written descriptions
and design data required for obtaining approvals of such
governmental authorities as have iurisdiction to review
or approve the final design of the Proiect. and assist
Owner in consultations with appropriate authorities:
3. Furnish the above documents. Drawin s, and
Specifications to and review them with Owner within the
times indicated in the schedules described in paragraphs
2.06.A.I and 2.06.A.2: and
4. Identify any deviations from other Contract
Documents in accordance with paragraph 6.17.B.
6.02 Supervision and Superintendence of Construction
A. Design/Builder 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. Design/Builder shall be solely
responsible for the means, methods, techniques, sequences and
procedures of Construction. Design/Builder 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. At all times during the progress of
Construction, the Design/Builder shall assign a competent
resident superintendent thereto, who shall not be replaced
without written notice to Owner except under extraordinary
circumstances. The superintendent will be Design/Builder's
representative at die Site and shall have authority to act on
behalf of Design/Builder. All communications given to or
received from the superintendent shall be binding on
Design/Builder.
6.03 Labor, Working Hours
A. Design/Builder shall provide competent,
suitably qualified personnel to perform the Work as required
by the Contract Documents. Design/Builder shall at all times
maintain good discipline and order at the Site.
B. 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 wWorking 1►Hours, and
Design/Builder will not permit overtime work or the
performance of Construction on Saturday, Sunday or any
Legal hHoliday without Owner's written consent,.
met cA l;Fp------ably v4thheid. Design/Builder shall submit
requests to Owner no less than 48 hours in advance of anv
Work to be performed on Saturday. Sunday, Legal Holidays.
or outside Regular Working Hours,
6.04 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract
Documents, Design/Builder shall fumish 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 Work.
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.
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.
B. 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
reasonably required by Owner, Design/Builder shall fumish
EJCDC D-700 Standard Cicwml Conditions of the Contract Bcnrecn 0wncr nd Design'nuilder
Copyright V21N12 Nni<t:d Society of Professional Engineers for EJCDC. All rights rescned. Includes City of Fort Collins ntodifications dated 0 209
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satisfactory evidence (including reports of required tests) as to
the source, kind, and quality of materials and equipment. All
materials and equipment shall be applied, installed, connected,
erected, used, cleaned, and conditioned in accordance with
instructions of the applicable Supplier, except as otherwise
provided in the Contract Documents.
6.05 Progress Schedule
A. Design/Builder shall adhere to the progress
schedule established in accordance with paragraph 2.06.A as it
may be adjusted from time to time as provided below:
1. Design/Builder shall submit to Owner for
acceptance proposed adjustments in the progress
schedule that will not change the Contract Times to
Milestones). Such adiustments will conform generally to
the progress schedule then in effect, and will comply
with any provisions of the Contract Documents
applicable thereto.
2. Proposed adiustments in the progress schedule
that will change the Contract Times (or Milestones) shall
be submitted in accordance with the repuirements of
Article 11.02. Such adiustments may only be made by a
Change Order or.
6.06 Concerning Subcontractors, Suppliers, and Others
A. Design/Builder shall not employ any
Subcontractor, Supplier, or other individual or entity against
whom Owner may have reasonable objection. Design/Builder
shall not be required to employ any Subcontractor, Supplier or
other individual or entity to furnish or perform any of the
Work against whom Design/Builder has reasonable objection.
Desim Builder shall perform not less than 20 percent of the
Work with its own forces (that is, without subcontracting),
The 20 percent requirement shall refer to the Work the value
of which totals not less than 20 percent of the Contract Price.
B. Design/Builder shall be fully responsible to
Owner for all acts and omissions of the Subcontractors,
Suppliers and other individuals or entities performing or
furnishing any of the Work just as DesignBuilder is
responsible for Design/Buildees own acts and omissions.
Nothing in the Contract Documents shall create for the benefit
of any such Subcontractor, Supplier, or other individual or
entity any contractual relationship between Owner and any
such Subcontractor, 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,
Supplier, or other individual or entity except as may otherwise
be required by Laws or Regulations.
C. Design/Builder shall be solely responsible for
scheduling and coordinating Subcontractors, Suppliers and
other individuals and entities performing or furnishing any of
the Work under a direct or indirect contract with
Design/Builder. The divisions and sections of the
Specifications and the identifications of anv Drawings shall
not control Design/Builder in dividing the Work among
Subcontractors and Suppliers or delineating the Work to be
performed by any specific trade.
D. Design/Builder shall require all
Subcontractors, Suppliers and such other individuals and
entities performing or furnishing any of the Work to
communicate with the Owner through DesignBuilder.
E. All Work performed for Design/Builder by a
Subcontractor or Supplier will be pursuant to an appropriate
Design Subagreement or Construction Subagreement between
Design/Builder and the Subcontractor or Supplier which
specifically binds the Subcontractor or Supplier to the
applicable terms and conditions of the Contract Documents for
the benefit of Owner.
any of them) fer au Wases &ad damages eaused by any of the
the sertta.
6.07 Patent Fees and Royalties
A. Design/Builder 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.
B. To the fullest extent permitted by Laws or
Regulations, Design/Builder shall indemnify and hold
harmless Owner and Owner's Consultant, and the officers,
directors, partners, employees or agents, and other consultants
of each and any of them 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
EJCDC D-700 Standard General Conditions of the Contract Betwxn Owner and DesignBuilder
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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 identified in the Conceptual Documents.
C. To the fullest extent permitted by Laws or
Regulations, Owner shall indemnify and hold harmless
Design/Builder and its officers, directors, partners, employees
or agents, Subcontractors and Suppliers 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 required by the Conceptual Documents.
6.08 Permits
A. Unless otherwise provided in the Contract
Documents, Design/Builder shall obtain and pay for all
necessary permits, licenses, and approvals of governmental
authorities having jurisdiction over the Work. Owner shall
assist Design/Builder, when necessary, in obtaining such
permits, licenses and approvals. Design/Builder shall pay all
governmental charges and inspection fees necessary for the
performance of the 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 DesignBuilder shall
pay fees as provided in the Supplemental Conditions. Owaee
hereto.
6.09 Laws or Regulations
A. Design/Builder shall give all notices required
by and comply with all Laws or Regulations applicable to the
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 Design/Builder performs any Work
knowing or having reason to know that it is contrary to Laws
or Regulations, Design/Builder shall bear all costs arising
therefrom.
C. Changes in Laws or Regulations not known
on the date of receipt of Proposals having an effect on the cost
or time of performance may be the subject of a change in
Contract Price or Contract Times.
6.10 Taxes
A. Design/Builder shall pay all sales, consumer,
use, and other similar taxes required to be paid by
Design/Builder in accordance with the Laws or Regulations of
the place of the Project which are applicable during the
performance of the Work.
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 time 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, CO 80261
C. 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 into the project are to be paid by Design/Builder
and are to be included in appropriate Work items.
6.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas.
1. Design/Builder shall confine construction
equipment, the storage of materials and equipment, and
the operations of construction workers to the Site and
other areas permitted by Laws or Regulations, and shall
not unreasonably encumber the Site and other areas with
construction equipment or other materials or equipment.
Design/Builder shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof or of any adjacent land or areas,
resulting from the performance of the Work.
2. Should any claim be made by any such owner
or occupant because of the performance of Work.
Design/Builder shall promptly settle with such other
party by negotiation or otherwise resolve the claim by
arbitration or other dispute resolution proceeding or at
law.
3. To the fullest extent Permitted by Laws or
Regulations. Design/Builder shall indemnify and hold
harmless Owner. Owner's Consultants and anyone
m7C DC D-700 Standard General Conditions of dtc Contract Bnween O.ner and Design/Buildr7
Copyright i 2(X)2 National Socicry of Professional Engineers for EJCDC'. All nghh rescrvcd_ Includes City of Fort Collins nwdificaiian, dated W:.ofW
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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 brought by any such owner or occupant
against Owner, or any other party indemnified hereunder
to the extent caused by or based upon Design/Builder's
performance of the Construction.
B. Removal of Debris. During the performance of the
Construction, Design/Builder shall keep the premises free
from accumulations of waste materials, rubbish, and other
debris resulting from the Construction. Removal and disposal
of such waste materials, rubbish, and other debris shall
conform to applicable Laws or Regulations.
C. Cleaning. Prior to Substantial Completion,
Design/Builder shall clean the Site and make it ready for
utilization by Owner. At completion of Construction,
Design/Builder shall remove all tools, appliances, construction
equipment, temporary construction and machinery, and
surplus materials and shall restore to original condition all
property not designated for alteration by the Contract
Documents.
D. Loading Structures. 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 Construction or
adjacent property to stresses or pressures that will endanger it.
6.12 Record Documents
A. Design/Builder shall maintain in a safe place
at the Site one record copy of all Drawings, Specifications,
Addenda, Change Orders, Field Orders and Work Change
Directives in good order and annotated to show all changes
made during performance of the Work. These record
documents together with all approved Submittals will be
available to Owner for reference. 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 3.05.D, will be
delivered to Owner.
6.13 Safety and Protection
A. Design/Builder shall be solely responsible for
initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. Design/Builder
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 Work:
2. All Work and materials and euuinment 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. Design/Builder shall comply with applicable
Laws or Regulations relating to the safety of persons or
property, or to the protection of persons or property 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 cooperate with them in
the protection, removal, relocation, and replacement of their
property.
C. All damage, injury, or loss to any property
referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly
or indirectly, in whole or in part, by Design/Builder, any
Subcontractor, Supplier, or any other individual or entity
directly or indirectly employed by any of them to perform any
of the Work, or anyone for whose acts any of them may be
liable, shall be remedied by Design/Builder.
D. Design/Builder'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 Design/Builder in accordance with
paragraph 13.08.B that the Work is acceptable (except as
otherwise expressly provided in connection with Substantial
Completion).
6.14 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.
6.15 Hazard Communication Programs
A. Design/Builder 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.
EJCDC D-700 Standard General Conditions of the Conintut Betwcrn Owner Ind Iksibm Builder
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6.16 Emergencies
A. In emergencies affecting the safety or
protection of persons or the Work or property at the Site or
adjacent thereto, Design/Builder is obligated to act to prevent
threatened damage, injury or loss. Design/Builder shall give
Owner prompt written notice if Design/Builder believes that
any significant changes in the Work or variations from the
Contract Documents have been caused thereby or are required
as a result thereof. 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.
6.17 Submittals
A. Owner will review and approve Submittals in
accordance with the schedule of required Submittals accepted
by Owner as required by paragraph 2.06.A. Owner's review
and approval will be only to determine if the items covered by
the Submittals will, after installation or incorporation in the
construction, conform to the information given in the Contract
Documents and be compatible with the design concept of the
completed Project as a functioning whole as indicated by the
Contract Documents. Owner's review and approval will not
extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means,
method, technique, sequence, or procedure of construction is
specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident
thereto. The review and approval of a separate item as such
will not indicate approval of the assembly in which the item
functions.
B. Owner's review and approval of Submittals
shall not relieve Design/Builder from responsibility for any
variation from the requirements of the Contract Documents
unless Design/Builder has in a separate written
communication at the time of submission called Owner's
attention to each such variation and Owner has given written
approval.
C. Construction prior to Owner's review and
approval of any required Submittal will be at the sole risk of
Design/Builder.
6.18 Continuing the Work
A. Design/Builder shall continue 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 Design/Builder and Owner may
otherwise agree in writing.
6.19 Post -Construction Phase
A. Design/Builder shall:
1. Provide assistance in connection with the
start-up, testing, refuting and adiusting of any equipment
or system.
2. Assist Owner in training staff to operate and
maintain the Work.
3. Assist Owner in developing systems and
procedures for control of the operation and maintenance
of and record keeping for the Work.
6.20 DesignBuilder's General Warranty and Guarantee
A. DesignBuilder warrants and guarantees to
Owner that all Genstnwtiea Work will be in accordance with
the Contract Documents and will not be defective.
Design/Buildees warranty and guarantee hereunder excludes
defects or damage caused by:
1. Abuse_ modification or improper maintenance
or operation by persons other than Design/Builder.
Subcontractors, or Suppliers or any other individual for
whom Design/Builder is responsible, unless such abuse.
modification or improper maintenance or operation was
permitted by or could reasonably have been prevented by
DesignBuilder. Subcontractors or Suppliers: or
2. Normal wear and tear under normal usage.
B. Design/Builder's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will
constitute an acceptance of Work that is not in accordance
with the Contract Documents or a release of Design/Builder's
obligation to perform the Work in accordance with the
Contract Documents:
1. Observations by Owner.
2. The making of any progress or final payment
3. The issuance of a certificate of Substantial
Completion or any payment by Owner to Design/Builder
under the Contract Documents:
4. Use or occunancy of the Work or any part
thereof by Owner:
5. Any acceptance by Owner or any failure to do
SO"
EJCDC D-700 Standard General Conditions of the Contraa:t Betwtrn Owner and DesigrJBui{der
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6. Any review and approval of a Submittal:
7. Any inspection, test or approval by others; or
S. Any correction of defective Geasft%etiea
Work by Owner.
6.21 Indemnification
A. To the fullest extent permitted by Laws or
Regulations, Design/Builder shall indemnify and hold
harmless Owner, Owner's Consultants, and the officers,
directors, partners, employees, agents, other consultants and
subcontractors of each 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 Oettiea the 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 erily te the ext and is
caused in whole or in part by any negligent act or omission of
DesignBuilder, any Subcontractor, any Supplier, or 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 part by any negligence or omission of an
individual or entity indemnified hereunder or whether liability
is imposed upon such indemnified Da_rty by Laws and
Regulations regardless of the negligence of any such
individual or entity.
B. In any and all claims against Owner, Owner's
Consultant or any of their respective consultants, agents,
officers, directors, partners or employees by any employee (or
the survivor or personal representative of such employee) of
Design/Builder, any Subcontractor, any Supplier, any
individual or entity directly or indirectly employed by any of
them to perform any of the Work or anyone for whose acts
any of them may be liable, the indemnification obligation
under paragraph 6.2 LA 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, Supplier, or other individual or entity under
workers' compensation acts, disability benefit acts or other
employee benefit acts.
C. The indemnification obligations of
Design/Builder under paragraph 6.21.A shall not extend to the
liability of Owner's Consultant, and their officers, directors,
partners, employees, agents, other consultants, and
subcontractors arising out of the preparation or approval of
maps, drawings, opinions, reports, surveys, designs, or
specifications.
6.22 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.
ARTICLE 7 — OTHER CONSTRUCTION
7.01 Related Work at Site
A. Owner may perform other Work related to the
Project at the Site by Owner's employees, or let other direct
contracts therefor, or have other work performed by utility
owners. If such other work is not noted in the Contract
Documents, then:
1. Written notice thereof will be given to
DesignBuilder prior to starting any such other work-, and
2. Design/Builder may make a Claim therefor as
Provided in Article 9 if Design/Builder believes that such
performance will involve additional expense to
Design/Builder or requires additional time and the parties
are unable to agree as to the amount or extent thereof.
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 Work with theirs. Unless otherwise provided in
the Contract Documents, Design/Builder shall do all cutting,
fitting, and patching of the Work that may be required to make
its several parts come together properly and integrate with
such other work. Design/Builder 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 Design/Builder in said direct contracts
between Owner and such utility owners and other contractors.
C. If the proper execution or results of any part
of Design/Builder's Work depends upon work performed or
services provided by others under this Article 7,
Design/Builder 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
E1CDC D-700 Standard General Conditions of the Contract Between Ow r and Design/Builder
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or services that render it unavailable or unsuitable for the
proper execution and results of Design/Builder'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 intends to contract 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 8 —OWNER'S RESPONSIBILITIES
8.01 General
A. Owner shall do the following in a timely
manner so as not to delay the services of Design/Builder:
Designate in writing a person to act as
Owner's Representative with respect to the services to be
rendered under this Agreement. 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
shall provide such other services as may be umqd upon7
2. Provide such legal services as Owner may
require with regard to legal issues pertaining to the
Proiect including any that may be raised by
Design/Builder-,
3. If requested in writing by Design/Builder,
furnish reasonable evidence satisfactory to
Desim fflwlder that sufficient funds are available and
committed for the entire cost of the Project. Unless such
reasonable evidence is furnished_ Design/Builder is not
required to commence or continue any Work or may, if
such evidence is not presented within a reasonable time
stop Work upon 15 days notice to the Owner
4. Make payments to Design/Builder promptly
when they are due as provided in paragraph 13.03 and
13.08,
5. Furnish the Site as set forth in paragraph
4.01.A7
6. Furnish to DesignBuilder, as required for
perfomtanee of Design/Builder's Services the following_,
all of which DesignBi ilder may use and rely upon in
performing services under this Agreement
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 reference
points for design and construction which in Owner's
judgment are necessary to enable Design/Builder to
proceed with the Work;
f. Assistance to Design/Builder in filing
documents required to obtain necessary permits,
licenses, and approvals of governmental authorities
having jurisdiction over the Project;
g. Permits, licenses, and approvals of
government authorities Owner is specifically required
to obtain by the Contract Documents; and
It. All subsurface data at or contiguous to the
Site which Owner may have obtained.
7. Review Submittals subiect to Owner review
pursuant to paragraph 6.17.A: and
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 Environmental Condition.
8.02 Insurance
A. Owner's responsibilities in respect of
purchasing and maintaining liability and property insurance
are set forth in Article 5.
EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder
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8.03 Limitations on Owner's Responsibilities
A. The Owner shall not supervise, direct, or have
control or authority over, nor be responsible for,
Design/Builder's 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 or Regulations applicable to the
furnishing or performance of the Work. Owner will not be
responsible for Design/Builder's failure to perform the Work
in accordance with the Contract Documents.
8.04 Undisclosed Hazardous Environmental Condition
A. Owner's responsibility in respect of
undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste, or
Radioactive Materials uncovered or revealed at the Site is set
forth in paragraph 4.04.
8.05 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.
8.06 Owner's Consultant
A. Owner's Consultant, if any, has no duties,
responsibilities, or authorities with respect to Design/Builder,
unless so provided in the Supplementary Conditions.
ARTICLE 9—CHANGES IN THE WORK; CLAIMS
9.01 Authorized Changes in the Work
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 m4thin the gonefal seeps ef the Gentmet by a Written
Amendment, Change Order or a Work Change Directive.
Upon receipt of any such document, Design/Builder shall
promptly proceed with the Work involved which will be
performed under the applicable conditions of the Contract
Documents (except as otherwise specifically provided).
9.02 Unauthorized Changes in the Work
A. Design/Builder shall not be entitled to an
increase in the Contract Price or an extension of the Contract
Times with respect to any Work performed that is not required
by the Contract Documents as amended, modified and
supplemented as provided in paragraph 3.04, except in the
case of an emergency as provided in paragraph 6.16 or in the
case of uncovering Construction as provided in paragraph
12.04.
9.03 Claims
A. Notice. If Owner and Design/Builder are unable to
agree on entitlement to, or on the amount or 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 9.0 LA or other occurrence for
which the Contract Documents provide that such
adjustment(s) may be made, a Claim may be made therefor.
Written notice of intent to make such a Claim shall be
submitted to the other party promptly and in no event more
than 15 days after the start of the occurrence or event giving
rise to the Claim.
B. Documentation. Substantiating documentation shall
be submitted by the claiming party within 30 days after
delivery of the notice required by paragraph 9.03.A.
C. Decision. The other party shall render a decision on
the Claim no more than 30 days after the receipt of the
substantiating documentation required by paragraph 9.03.B.
This decision will be final and binding unless the claiming
party gives notice of intention to exercise its rights under
Article 15 within 30 days of receipt of the decision and
exercises such rights within 30 days of giving the notice of
intent.
D. Time Limit Extension. The time limits of paragraphs
9.03.B and 9.03.0 may be extended by mutual agreement.
9.04 Execution of Change Orders
A. Owner and DesipBuilder shall execute
appropriate Change Orders covering:
1. Changes in the Work which are (i) ordered by
Owner pursuant to paragraph 9.01, (ii) required because
of acceptance of defective Construction or Work under
paragraph 12.08 or Owners correction of defective
Construction or Work under paragraph 12.09 or liii)
agreed to by the parties: and
2. Changes in the Contract Price or Contract
Times which are agreed to by the parties, including any
undisputed sum or amount of time for Work actually
performed in accordance with a Work ChMe Directive
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
FJCDC D-700 Standard General Conditions of the Contract Betw= Ow r and Dcsign/Builder
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ambiguities or discrepancies that DESIGNBUILDER has discovered in the Contract Documents and
the written resolution thereof by OWNER is acceptable to DESIGNBUILDER, and the Contract
Documents and the written resolution thereof by OWNER is acceptable to DESIGNBUILDER, and
the Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
Article 11. ACCOUNTING RECORDS
11.0 DESIGN/BUILDER shall keep such full and detailed accounts as maybe necessary for proper
financial management under the Contract Documents with respect to all materials, equipment and labor
entering into the Work. The accounting methods shall be satisfactory to OWNER OWNER shall be
afforded reasonable access to all of DESIGNBUILDER's records, books, correspondence, instructions,
drawings, receipts, vouchers, memoranda and similar data relating to the Cost of Work and
DESIGNBUILDER's Fee. DESIGNBUILDER shall preserve all such documents for a period of three
years after final payment by OWNER.
Article 12. CONTRACT DOCUMENTS
12.01 The Contract Documents which comprise the entire agreement between OWNER and
DESIGN/BUILDER concerning the Work consist of the following:
A. This Agreement (pages 1 to 8, inclusive).
B. Exhibits to this Agreement (pages 71 to 75 inclusive).
C. OWNER's Request for Proposal No. P983, along with Conceptual Documents identified
therein.
D. DESIGNBUILDER's Proposal in Response to OWNER's Request for Proposal No.
P983.
E. Notices to Proceed.
F. Performance, payment, and other Bonds, identified as Section 00600 consisting of 13
pages.
G. Standard General Conditions of the Contract Between Owner and Design/Builder (pages
one to thirty-four, inclusive).
H. Supplementary Conditions (pages N/A to N/A, inclusive).
1. Addenda numbers I through 2 inclusive.
J. Other Documentation submitted by DESIGNBUILDER prior to Notice of Award
(pages N/A to N/A, inclusive).
K. The following, which may be delivered, prepared or issued after the Effective Date of
this Agreement and are not attached hereto:
Danna Boone .14yes B. O'Neill
9/12/01 Section 00520 Page 5
Work and adhere to the progress schedule as provided in
paragraph 6.18.
9.05 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
Design/Builder's responsibility. The amount of each
applicable Bond will be adjusted to reflect the effect of any
such change.
9.06 Effect of Change Orders
A. 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.
ARTICLE 10 — COST OF THE WORK; CASH
ALLOWANCES; UNIT PRICE WORK
10.01 Cost of the Work
A. Costs Included. The term Cost of the Work means
the sum of all costs necessarily incurred and paid by
Design/Builder in the proper performance of the Work. When
the value of Work covered by a Change Order or when a
Claim for an adjustment in Contract Price is determined on the
basis of Cost of the Work, the costs to be reimbursed to
Design/Builder will be only those additional or incremental
costs required because of the change of the Work or because
of the event giving rise to the Claim. 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 10.01.13:
1. Payroll costs for emplovees in the direct
employ of Design/Builder in the performance of the
Work under schedules of iob classifications agreed upon
by Owner and Design/Builder.
a. Such employees shall include without
limitation superintendents, foremen, and other
personnel employed full-time at the Site. Payroll
costs for employees not employed full time on the
Work shall be apportioned on the basis of their time
spent on the Work. Payroll costs shall include, —bat
ne -be litnited to, salaries and wages plus the cost of
fringe benefits which shall include social security
contributions, unemployment, excise and payroll
taxes, workers' compensation, and health end
ratimmen benefits,
heliday pay applicable thereto. The expenses of
performing Work after regular working hours, on
Saturday, Sun y orA--ehHolidays, shall be
included in the\,aWe to the to athorized by
Owner.
b. Such employees shall also include
engineers, engineering technicians, architects, and
others providing Design Professional Services. For
purposes of this paragraph 10.0l.A.1, Design/Builder
shall be entitled to payment 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 furnished
and incoroorated in the Work, including costs of
transportation and storage thereof. and Suppliers' field
services recuired in connection therewith All cash
discounts shall accrue to Desimt/Builder unless Owner
deposits funds with Desipffluilder 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 surolus materials and equipment
shall accrue to Owner. and Design/Builder shall make
provisions so that they may be obtained.
3. Payments made by Design/Builder to
Subcontractors (excluding payments for Design
Professional Services pursuant to paragraph 10.0l.A.4)
for Work performed or furnished by Subcontractors. 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 DesignBuildees Cost
of the Work and fee. All subcontracts shall be subject to
the other provisions of the Contract Documents insofar
as applicable.
4. Payments made by Design/Builder for Design
Professional Services provided or funashed under a
Design Subagreement.
5. Costs of special consultants (including but not
limited to testing laboratories, surveyors attorneys and
EJCDC D.700 Standard Geoaal Conditions of the Contract aetweea Owner and DesignBuilder
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accountants) employed for services specifically related to
the Work.
6. Supplemental costs including the following
items:
a. The proportion of necessary transporta-
tion, travel and subsistence expenses of
Design/Builder's employees incurred in discharge of
duties connected with the Work.
b. Cost, including transportation and
maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary 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 consumed which remain the property of
Design/Builder.
C. Rentals of all construction or engineering
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 such costs shall be 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 necessary for the Work.
d. Sales, consumer, use, and other similar
taxes related to the Work, and for which
DesignBuilder is liable, imposed by Laws or
Regulations.
e. Deposits lost for causes other than
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,
and royalty payments and fees for permits and
licenses.
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 property insurance established
by Owner in accordance with Article 5 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.
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
Design/Builder's fee.
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 Design/Builder is required by the Contract
Documents to purchase and maintain.
B. Costs Excluded. The term Cost of the Work
shall not include any of the following items:
1. Payroll costs and other compensation of
Design/Buildees officers, executives, principals (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 Design/Builder whether at the Site or in
Design/Buildees 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 10.0i.A.1, all of which are to be
considered administrative costs covered by the
DesignBuilder's fee.
2. Expenses of Design/Buildees principal and
branch offices other than Design/Buildees office at the
Site.
3. Any part of Design/Builder's capital expenses,
including interest on Design/Buildees capital employed
for the Work and charges against Design/Builder for
delinquent payments.
4. Costs due to 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, including but not limited to the correction
of defective Work, disposal of materials or equipment
wrongly supplied, and making good any damage to
property.
5. Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in paragraph I0.01.A.
EJCDC D400 Standanl General Conditions of the Contract Belw= Owner and Desilp✓Builder
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C. Design/Builder's Fee. When all the Work is
performed on the basis of cost-plus, Design/Buildees fee shall
be as set forth in the Agreement. When the value of the Work
covered by a Change Order is determined on the basis of Cost
of the Work, Design/Builder's fee shall be determined as set
forth in paragraph 11.01.C.
D. Documentation. Whenever the cost of any Work is
to be determined pursuant to paragraph 10.0LA and 10.01.13,
Design/Builder 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
10.02 Cash Allowances
A. The Contract Price includes all allowances so
named in the Contract Documents. Design/Builder shall cause
the Work so covered to be performed for such sums as may be
acceptable to Owner. Design/Builder agrees that:
1. The allowances include the cost to
Design/Builder (less any applicable trade discounts) of
materials and equipment required by the allowances to
be delivered at the Site, and all applicable taxes: and
2. Except as set forth in the Contract Documents
DesignBuildei's costs for unloading and handlingon n 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 foMoing will be valid.
B. Prior to final payment, an appropriate Change
Order will be issued to reflect actual amounts due
Design/Builder on account of Work covered by allowances,
and the Contract Price shall be correspondingly adjusted.
10.03 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 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 Design/Builder will be made
by Owner.
B. Each unit price will be deemed to include an
amount considered by Design/Builder to be adequate to cover
Design/Builder's overhead 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 materially and
significantly from the estimated Quantity of such item
indicated in the Contract Documents:
2. there is no corresnonding adiustment with
respect to any other item of Work: and
3. Desis"nilder believes that it is entitled to an
increase in Contract Price as a result of having incurred
additional expense or Owner believes it 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.
D. Design/Builder acknowledges that Owner has
the riaht 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 of the item.
ARTICLE 11 —CHANGE OF CONTRACT PRICE;
CHANGE OF CONTRACT TIMES
11.01 Change of Contract Price
A. 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 9.03.A.
B. The value of any Work covered by a Change
Order or of any Claim for an adjustment in the Contract Price
will be determined as follows:
Where the Work involved is covered by unit
Prices contained in the Contract Documents by
application of such unit orices to the Quantities of the
items involved (subject to the provisions of imragranh
10.03): or
2. Where the Work involved is not covered by
unit orices contained in the Contract Documents by a
mutually agreed payment basis_ including lump sum
(which may include an allowance for overhead and profit
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not necessarily in accordance with paragraph 11.0 L C 2):
or
3. Where the Work involved is not covered by
unit prices contained in the Contract Documents and
areement to a lump sum is not reached under paragraph
11.01.13.2 on the basis of the Cost of the Work
(determined as provided in paragraph 10.01) plus a
Desi=Muilder's Fee for overhead and Profit (determined
as provided in varagmyh 11.01.C).
C. Design/Builder's Fee: The Design/Builder's
fee for overhead and profit on Change Orders shall be
determined as follows:
1. A mutually acceptable fixed fee. or
2. If a fixed fee is not agreed uvon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
a. For costs incurred under paragraphs
10.0l.A.l.a and 10.0l.A.2, the Design/Builder's fee
shall be 4-5 three percent;
b. For costs incurred under paragraph
10.01.A.3 10.0l.A.4, 10.01.A.5 and 10.0l.A.6, the
Design/Builder's fee shall be five three percent;
C. Where one or more tiers of subcontracts
are on the basis of Cost of the Work plus a fee and no
fixed fee is agreed upon, the intent of paragraphs
11.0I.C.I and 11.0t.C.2.a 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 10.01.A.1 and 10.01.A.2 and that any
higher tier Subcontractor and Design/Builder will
each be paid a fee of to be negotiated in good faith
with Owner but not to exceed five percent of the
amount paid to the next lower tier Subcontractor;
d. The amount of credit to be allowed by
Design/Builder to Owner for any change which
results in a net decrease in cost will be the amount of
the actual net decrease in cost plus a deduction in
DesignBuilder's fee by an amount equal to five three
percent of such net decrease; and
e. When both additions and credits are
involved in any one change, the adjustment in
Design/Builder's fee shall be computed on the basis
of the net change in accordance with paragraphs
11.01.C.2.a through 11.0l.C.2.d, inclusive.
f. No fee shall be Payable on the basis of
costs itemized under Paragraphs 10.01 A 5.
10.01.A.6_ or 10.01.13.
11.02 Change of Contract Times
A. The Contract Times (or Milestones) may only
be changed by a Change Order. Any Claim for an adjustment
of the Contract Times (or Milestones) shall be based on
written notice pursuant to paragraph 9.03.A.
B. Delays Beyond DesignlBuilder's Control. 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 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 paragraph 11.02.A. Delays beyond the control of
Design/Builder shall include, but not be limited to, acts or
neglect by Owner, governmental agencies, acts or neglect of
utility owners or other contractors performing other
construction work as contemplated by Article 7, fires, floods,
epidemics, abnormal weather conditions, or acts of God.
C. If Owner or other contractor or utility owners
performing other work for Owner as contemplated by Article
7, or anyone for whom Owner is responsible, delays, disrupts,
or interferes with the performance or progress of the Work,
then Design/Builder shall be entitled to an equitable
adjustment in the Contract Price or the Contract Times, or
both. Design/Builder's entitlement to an adjustment of the
Contract Times is conditioned on such adjustment being
essential to Design/Bui[der's ability to complete the Work
within the Contract Times.
D. If Design/Builder is delayed in the
performance or progress of the Work by fire, flood, epidemic,
abnormal weather conditions, acts of God, acts or failures to
act of utility owners not under the control of Owner, or other
causes not the fault of and beyond control of Owner and
DesignBuilder, then Design/Builder shall be entitled to an
equitable adjustment in Contract Times, if such adjustment is
essential to Design/Builder's ability to complete the Work
within the Contract Times. Such an adjustment shall be
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Design/Builder's sole and exclusive remedy for the delays
described in this Paragraph I I.02.C.
E. Owner and Owner's Consultant shall not be
liable to Design/Builder for any claims, costs, losses, or
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) sustained
by Design/Builder on or in connection with any other project
or anticipated project.
F. Design/Builder shall not be entitled to an
adjustment in Contract Price or Contract Times for delays
within the control of Design/Builder. Delays attributable to
and within the control of a Subcontractor or Supplier shall be
deemed to be delays within the control of Design/Builder.
ARTICLE 12 — TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE CONSTRUCTION OR WORK
12.01 Notice of Defects
A. Owner shall give Design/Builder prompt
written notice of all defective Construction or Work of which
Owner has actual knowledge. All defective Construction or
Work may be rejected, corrected or accepted as provided in
this Article 12.
12.02 Access to Construction
A. Owner, Owner's Consultants, other
representatives and personnel of Owner, independent testing
laboratories and governmental agencies with jurisdictional
interests will have access to the Site and the Construction at
reasonable times for their observation, inspecting, and testing.
Design/Builder shall provide them proper and safe conditions
for such access and advise them of Design/Buildees 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 or
Regulations of any public body having jurisdiction require any
part of the Genstmetieu 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. Design/ Builder shalt 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
Work or of materials, mix designs, or equipment submitted for
approval prior to Design/Builder's purchase thereof for
incorporation in the Work.
B. Design/Builder 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 Design/Builder without written concurrence of
Owner, it must, if requested by Owner, be uncovered for
observation at Design/Builder's expense unless Design/
Builder has given Owner timely notice of Design/Builder's
intention to cover the same and Owner has not acted with
reasonable promptness in response to such notice.
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) costs incurred in connection with tests or
inspections conducted pursuant to paragraph 12.04.B below
shall be paid as provided in said paragraph 12.04.13; and (iii)
as otherwise specifically provided in the Contract Documents.
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
Design/Buildees expense.
B. If Owner considers it necessary or advisable
that covered Construction be observed by Owner or inspected
or tested by others, Design/Builder, at Owner's request, shall
uncover, expose or otherwise make available for observation,
inspection or testing as Owner may require, that portion of the
Construction in question, furnishing all necessary labor,
material and equipment. If it is found that such Construction
is defective, Design/Builder shall pay all claimscosts losses
and damages caused by, arising out of. or resulting from such
uncovering, exposure, observation, inspection and testing and
of satisfactory replacement or reconstruction, (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, Owner
may make a Claim therefor as provided in Article 9. If,
however, such Construction is not found to be defective,
Design/Builder 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
reconstruction. If the parties are unable to agree as to the
amount or extent thereof, Design/Builder may make a Claim
therefor as provided in Article 9.
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1205 Owner May Stop Construction or Work
A. If Construction or Work is defective, or
DesignBuilder fails to supply sufficient skilled workers or
suitable materials or equipment, or fails to furnish or perform
Construction or Work in such a way that the completed
Eensteuotien Work will conform to the Contract Documents,
Owner may order Design/Builder to stop Construction or
Work or any portion thereof, until the cause for such order has
been eliminated; however, this right of Owner to stop
Construction will not give rise to any duty on the part of
Owner to exercise this right for the benefit of Design/Builder
or any sure or other party.
12.06 Correction or Removal of Defective Construction or
Work
A. Owner will have authority to disapprove or
reject defective Construction or Work and will have 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, DesignBuilder
shall promptly, as directed, either correct all defective
Construction or Workwhether or not fabricated, installed or
completed, or, if the Construction or Work has been rejected
by Owner, remove it from the Site and replace it with non -
defective Construction or Work. Design/13WIder 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 and all court, arbitration, or other dispute
resolution costs) arising out of or relating to such correction or
removal.)
12.07 Correction Period
A. If within one year after the date of Substantial
Completion of the entire Work 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 to
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 or Work that is not defective, and (ii)
satisfactorily correct or remove and replace any damage to
other Construction or Work or the work of others resulting
therefrom. If Design/Builder does not promptly comply with
the terms of such instructions, or in an emergency where delay
would cause serious risk of loss or damage, Owner may have
the defective Construction or Work corrected or the rejected
Construction or Work removed and replaced, and all claims
costs, losses, and damages caused by, arising out of or
resulting from such 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 Work, the correction period
for that item may start to run from an earlier date if so
provided in the Conceptual Documents.
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 such correction or removal and
replacement has been satisfactorily completed.
12.08 Acceptance of Defective Construction or Work
A. If, instead of requiring correction or removal
and replacement of defective Construction or Work. Owner
prefers to accept it, Owner may do so. Design/Builder shall
pay all 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) attributable to Owner's evaluation of and
determination to accept such defective Construction or Work.
If any such acceptance occurs prior to final payment, a Change
Order will be issued incorporating the necessary revisions in
the Contract Documents, and Owner shall be entitled to an
appropriate decrease in the Contract Price reflecting the
diminished value of the Construction or Work so accepted. 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.
12.09 Owner May Correct Defective Construction or
Work
A. If Design/Builder fails within a reasonable
time after written 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 DesignBuilder, correct and
remedy any such deficiency.
B. In exercising the rights and remedies under
this paragraph 12.09 Owner shall proceed expeditiously. In
connection with such corrective and remedial action, Owner
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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 Consultant, Owner's representatives, agents,
employees, and other contractors access to the Site to enable
Owner to exercise the rights and remedies under this
paragraph.
C. All claims costs, losses, and damages
(included but not limited to 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) incurred or sustained
by Owner in exercising such rights and remedies under this
paragraph 12.09 will be charged against Design/Builder and a
Change Order will be issued incorporating the necessary
revisions in the Contract Documents, and Owner shall be
entitled to an appropriate decrease in the Contract Price. If the
parties are unable to agree as to the amount thereof, Owner
may make a Claim therefor as provided in Article 9.
D. Design/Builder shall not be allowed an
extension of the Contract Times (or Milestones) because of
any delay in the performance of the Work attributable to the
exercise by Owner of Owner's rights and remedies under this
paragraph 12.09.
12.10 No limitation
A. Nothing contained in this Article 12 shall be
construed to establish a period of limitation with respect to
other obligations which the DesianBuilder might have under
the Contract Documents. Establishment of the time period of
one year as described in Section 12.07 relates only to the
specific obligation of the Design/Builder to correct the Work
and has no relationship to the time within which the obligation
to comply with the Contract Documents may be sought to be
enforced_ nor to the time within which proceedings may be
commenced to establish the Design/Builder's liability with
respect to the Design/Builder's obligations other than
specifically to correct the Work.
ARTICLE 13—PAYMENTS TO DESIGN/BUILDER
AND COMPLETION
13.01 Schedule of Values
A. The Schedule of Values established as
provided in paragraph 2.06.A will serve as the basis for
progress payments. Progress payments on account of Unit
Price Work will be based on the number of units completed.
13.02 Application for Progress Payment
A. On or about the date established in the
Agreement for submission of each application for progress
payment (but not more often than once a month),
Design/Builder shall submit to Owner for review an
Application for Payment filled out and signed by
Design/Builder covering the Work completed as of the date
indicated on the Application and accompanied by supporting
documentation as required by the Contract Documents. If
payment is requested on the basis of materials and equipment
not incorporated in the Work but delivered and suitably stored
at the Site or at another location agreed to in writing, the
Application for Payment shall also be accompanied by a bill
of sale, invoice or other documentation warranting that Owner
has received the materials and equipment free and clear of all
Liens and evidence that the materials and equipment are
covered by appropriate property insurance provided by
Design/Builder and other arrangements to protect Owner's
interest therein, all of which will be satisfactory to Owner.
B. Beginning with the second Application for
Payment, each Application shall include an affidavit of
Design/Builder stating that all previous progress payments
received on account of the Work have been applied on account
to discharge DesignBuildees legitimate obligations associated
with prior Applications for Payment.
C. The amount of retainage with respect to
progress payments will be as stipulated in the Agreement.
D. 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.
13.03 Review of Applications for Progress Payments
A. Procedure. Progress payments shall be made by the
Owner to the Design/Builder 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 Design/Builder indicating in writing its
reasons for refusing to accept the Application Not more
than ten days after accepting such Application the
amount will become due and when due will be paid by
Owner to DesignBuilder.
2. If Owner should fail to pay Design/Builder at
the time the payment of any amount becomes due except
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as provided in paragraph 13.03.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 within seven
days after receipt of the notice by 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 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 Owner shall
constitute an acceptance of any Work not in accordance
with the Contract Documents.
B. Reduction in or Refusal to Make Payment. 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 Construction or Work is defective, or
completed Construction or Work has been damaged
requiring correction or replacement: or
2. the Contract Price has been reduced by
ChMe Order-, or
3. Owner has been required to correct defective
Construction 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
paragrobs 13.03.B.1 through 13.03.B.3 inclusive, or
paragraphs 14.02.A.1 through 14.02.A.3 inclusive_ or
5. Claims have been made against Owner on
account of DesignBuildees performance or furnishing of
the Work: or
6. Liens have been filed in connection with the
Work, except where Design/Builder has delivered a
specific Bond satisfactory to Owner to secure the
satisfaction and discharge of such Liens, or
7. There are other items entitling Owner to a set
off against the amount for which application is made
C. If Owner refuses to make payment of the full
amount requested by Design/Builder, Owner must give
Design/Builder immediate written notice stating the reasons
for such action and promptly pay Design/Builder any amount
remaining after deduction of the amount withheld. Owner
shall promptly pay Design/Builder the amount withheld or any
adjustment thereto agreed to when Design/Builder corrects to
Owner's satisfaction the reason for such action.
13.04 Design/Builder's Warranty of Title
A. DesignBuilder warrants and guarantees that
title to all Construction, materials, and equipment covered by
any Application for Payment, whether incorporated in the
Project or not, will pass to Owner no later than the time of
payment free and clear of all Liens.
13.05 Substantial Completion
A. When Design/Builder considers the Work
ready for its intended use Design/Builder shall notify Owner
in writing that the Work is substantially complete (except for
items specifically listed by Design/Builder as incomplete) and
request that Owner issue a certificate of Substantial
Completion. Promptly thereafter, Owner and Design/Builder
shall make an inspection of the Work to determine the status
of completion. If Owner does not consider the Work
substantially complete, Owner will notify Design/Builder in
writing giving the reasons therefor. If Owner considers the
Work substantially complete, Owner will prepare and deliver
to Design/Builder a certificate of Substantial Completion
which shall fix the date of Substantial Completion. There
shall be attached to the certificate a list of items to be
completed or corrected before final payment. At the time of
delivery of the certificate of Substantial Completion Owner
will deliver to Design/Builder a written determination as to
division of responsibilities pending final payment between
Owner and Design/Builder with respect to security, operation,
safety, protection of Construction, maintenance, heat, utilities,
insurance and warranties and guarantees.
B. Owner will have the right to exclude
Design/Builder from the Site after the date of Substantial
Completion, but Owner will allow Design/Builder reasonable
access to complete or correct items on the list of items to be
completed.
13.06 Partial Utilization
A. Prior to Substantial Completion of all the
Work, Owner may use or occupy any substantially completed
part of the Construction which (i) has specifically been
identified in the Contract Documents, or (ii) Owner and
Design/Builder 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
Design/ Builder's performance of the remainder of the
Construction, subject to the following:
I. Owner at any time may request
DesigrBBuilder in writing to permit Owner to use or
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occupy any such part of the Construction which Owner
believes to be ready for its intended use and substantially
complete. If Design/Budder agrees that such part of the
Work is substantially complete. Design/Builder 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. Design/Builder at any time may notify
Owner in writing that Design/Builder considers any such
part of the Work ready for its intended use and
substantially complete and reauest Owner to issue a
certificate of Substantial Completion for that part of the
Work. Within a reasonable time after either such
request. Owner and Design/Builder shall make an
inspection of that part of the Work to determine its status
of completion. If Owner does not consider that part of
the Work to be substantially complete_ Owner will notify
Design/Builder in writing giving the reasons therefor. If
Owner considers that part of the Work to be substantially
complete, the provisions of paragraph 13.05 will apply
with respect to certification of Substantial Completion of
that part of the Work and the division of responsibility in
respect thereof and access thereto.
2 No use or ocoppancv of part of the
Construction will be accomplished prior to compliance
with the requirements of paragraph 5.10 regarding
property insurance.
13.07 Final Inspection
A. Upon written notice from Design/Builder that
the entire Work or an agreed portion thereof is complete,
Owner will make a final inspection with Design/Builder and
will notify Design/Builder in writing of all particulars in
which this inspection reveals that the Work is incomplete or
defective. Design/Builder shall immediately take such
measures as are necessary to complete such Work or remedy
such deficiencies.
13.08 Final Payment
A. Application for Payment.
1. After Design/Builder 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, certificates of inspection, record documents
Las provided in paragraph 6.12) and other documents
Design/Builder may make application for final payment
following the procedure for progress payments
2. 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 paragraph 5.04.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.
3. In lieu of such releases or waivers of Liens
specified in paragraph 13.08.A.2 and as approved by
Owner. Design/Builder may furnish receipts or releases
in full and an affidavit of Design/Builder that: (i) the
releases and receipts include all labor, services, material
and equipment for which a Lien could be filed. and 60
all payrolls, material and equipment bills and other
indebtedness connected with the Work for which Owner
or Owners property mialit in any way be responsible
have been paid or otherwise satisfied If and
Subcontractor or Supplier fails to furnish such a release
or receipt in full. Design/Builder may furnish a Bond or
other collateral satisfactory to Owner to indemnify
Owner against any Lien.
4. 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 Proiect manual
B. Final Payment and Acceptance. If Owner is satisfied
that the Work has been completed and Design/Buildees other
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
Design/Builder that the Work is acceptable. Otherwise,
Owner will return the Application to Design/Builder,
indicating in writing the reasons for refusing to process final
payment, in which case DesignBuilder shall make the
necessary corrections and resubmit the Application.
C. Payment Becomes Due. 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 16.05.B_of these General
Conditions
13.09 Final Completion Delayed
A. If, through no fault of Design/Builder, final
completion of the Work is significantly delayed, Owner shall,
upon receipt of DesignBuildees 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 5.0I.A, the
written consent of the surety to the payment of the balance
due for that portion of the Work fully completed and accepted
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shall be submitted by Design/Builder 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 WaiverofClaims
A. The making and acceptance of final payment
will constitute:
1. A waiver of all Claims by Owner against
DesignBuilder. except Claims arising from unsettled
Liens, from defective Construction appearing after final
inspection pursuant to paragraph 13.07. from failure to
comply with the Contract Documents or the terms of any
ssvecial guarantees specified thereim or from
DesignBuildees continuing obligations under the
Contract Documents', and
2. A waiver of all Claims by Design/Builder
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 Design/Builder
which will fix the date on which Work will be resumed.
Design/Builder shall resume the Work on the date so fixed.
Design/Builder 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 Design/Builder makes a
Claim therefor as provided in Article 9.
14.02 Owner May Terminate f@F Gause
A. Upon Tftte occurrence of any one or more of
the following events jwAifies tem4madea feF eause Owner
may terminate this Agreement as provided herein:
1. Design/Builder's persistent failure 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 adjusted from time to time
pursuant to paragraph 6.05).
2. DesignBuildees disregard of Laws or
Regulations of any vublic body having jurisdiction
3. Design/Builder's violation in any substantial
way of provisions of the Contract Documents.
B. If one or more of the events identified in
paragraph 14.02.A occur, Owner may, after giving
Design/Builder (and the surety, if any) seven days' written
notice, terminate the services of Design/Builder, take
possession of any completed Drawings and Specifications
prepared by or for Design/Builder (subject to the
indemnification provisions of paragraph 3.05.A), exclude
Design/Builder from the Site, and take possession of the Work
and of all Design/Builder's tools, appliances, construction
equipment and machinery at the Site and use the same to the
full extent they could be used by Design/Builder (without
liability to Design/Builder for trespass or conversion),
incorporate in the Work all materials and equipment stored at
the Site or for which Owner has paid Design/Builder 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 claims, 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 Design/Builder. If such claims, costs, losses and
damages exceed such unpaid balance, Design/Builder shall
pay the difference to Owner. Such claims. costs, losses and
damages incurred by Owner will be incorporated in a Change
Order. When exercising any rights or remedies under this
paragraph Owner shall not be required to obtain the lowest
price for the Work performed.
C. Notwithstanding paragraph 14.02.11, Design/
Builder`s services will not be terminated if Design/Builder
begins, within seven days of receipt of notice of intent to
terminate, to correct its failure to perform and proceeds
diligently to cure such failure within no more than 30 days of
receipt of said notice.
D. Where DesignBuildees services have been so
terminated by Owner, the termination will not affect any rights
or remedies of Owner against Design/Builder then existing or
which may thereafter accrue. Any retention or payment of
moneys due Design/Builder by Owner will not release
Design/Builder from liability.
14.03 Owner May Terminate for Convenience
A. Upon seven days' written notice to
Design/Builder, Owner may, without cause and without
prejudice to any other right or remedy of Owner, elect to
terminate the Contract. In such case, Design/Builder shall be
paid (without duplication of any items) for:
EJCDC D-700 Staruk" General Conditions of the Coottwt Bet%= Owner and Desilgt/Builder
Copynght,Q2002 National Sociey of Professional Enginom for EJCDC. All rights re ed. Includes City of fort Collins modifications dated 09/2004
32
All Written Amendments and other documents amending, modifying or
supplementing the Contract Documents pursuant to paragraph 3.04.A of the
General Conditions.
2. Specifications as defined in Paragraph 1.0I.A.40 of the General Conditions.
3. Drawings as defined in Paragraph LOLA.18 of the General Conditions.
12.02 The documents listed in paragraph 12.01 above are attached to this Agreement (except as
otherwise expressly noted).
12.03 There are no Contract Documents other than those listed above in this Article 12. The Contract
Documents may only be amended, modified or supplemented as provided in paragraph 3.04.A of the
General Conditions.
12.04 In the case of any irreconcilable ambiguity, inconsistency or conflict between
DESIGNBUILDER's Proposal (Section 12.0I.1)) and the Request for Proposal (Section 12.01.C), the
terms of the Proposal shall be controlling. In the case of any irreconcilable ambiguity, inconsistency or
conflict among the Contract Documents listed in Section 12.01, the documents listed in Section 12.0I X
shall govern, and in the case of any irreconcilable ambiguity, inconsistency or conflict among the
documents listed in Section 12.0 LK, the documents listed in Sections 12.0I.K.1, Section 12.0l.K.2, and
Section 12.01.K.3 shall take precedence, in the order herein listed.
Article 13. MISCELLANEOUS
13.01 The Standard General Conditions of the Contract between Owner and Design/Builder are
referred to herein as the General Conditions.
13.02. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have
the meanings indicated therein.
13.03 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may become due and
moneys that are due may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically stated to the contrary in
any written consent to an assignment no assignment will release or discharge the assignor from
any duty or responsibility under the Contract Documents.
13.04 OWNER and DESIGN/BUILDER each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the Contract
Documents.
13.05. Any provision or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to
9/12/01 Section 00520 Page 6
1. Completed and acceptable Work executed in
accordance with the Contract Documents prior to the
effective date of termination, including fair and
reasonable sums for overhead and profit on such Work:
2. Expenses sustained prior to the effective date
of termination in performing services and furnishing
labor, materials or equipment as required by the Contract
Documents in connection with uncompleted Work, plus
fair and reasonable sums for overhead and profit on such
expenses: and
3. Amounts paid in settlement of terminated
contracts with Subcontractors. Suppliers and others
(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 incurred in connection with termination of
contracts with Subcontractors, Suppliers and others)-. and
4. Reasonable expenses directly attributable to
termination.
B. Except as provided in paragraph 14.03.C,
Design/Builder 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.
14.04 Design/Builder May Stop Work or Terminate
A. If, through no act or fault of DesignBuilder,
the Work is suspended for a period of more than 90 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 Design/Builder any sum finally determined to be due,
then Design/Builder 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, if Owner
has failed for 30 days to pay Design/Builder any sum finally
determined to be due, Design/Builder may upon seven days'
written notice to Owner stop the Work until payment is made
of all such amounts due Design/Builder, including interest
thereon. The provisions of this paragraph 14.04.A are not
intended to preclude Design/Builder from making Claim under
Article 9 for an increase in Contract Price or Contract Times
or otherwise for expenses or damage directly attributable to
Design/Buildees stopping Work as permitted by this
paragraph.
ARTICLE 15— DISPUTE RESOLUTION
15.01 Methods and Procedures
A. Dispute resolution methods and procedures, if any, shall
be as set forth in the Supplementary Conditions. If no such
method and procedure has been set forth, Owner and
Design/Builder 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 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, or if delivered at or sent
by certified mail, postage prepaid, to the last business address
known to the giver of the notice.
16.02 Computation of Times
A. When any period of time is referred to in the
Contract Documents by days, it will be computed to exclude
the first and include the last day of such period. If the last day
of any such period falls on a Saturday or Sunday or on a day
made a legal holiday by the law of the applicable jurisdiction,
such day will be omitted from the computation.
16.03 Cumulative Remedies
A. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto 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:
1. Laws or Regulations: or
2, any special warranty or guarantee: or
3. other provisions of the Contract Documents.
B. The provisions of paragraph 16.03.A 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.
EJCDC D-700 Standard General Conditions of the Contract Between Owner and Dmig✓Builder
Copynght 02002 National Society of Professional Ergin=s for EJCDC. All rights awned. Includes City of Fort Collins modifications dated 09/2004
33
16.04 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 Contract.
16.05 Controlling Law
A.
The laws
of the State of Colorado shall apply to this Agreement,
including but not limited to the following pertinent Colorado
statutes:
1. 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.
2. 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 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
Its pendens is filled with the Owner. At the expiration of such
ninety (90) day period, Owner shall pay to Design/Builder
such moneys and funds as are not the subject of suit and lis
pendens notices, and shall retain only sufficient funds to
insure the payment of judgments which may result from the
suit.
EJCDC JY700 Standard General Conditions of the Contract Between Owner and DesigWBuilder
Copyright 02002 National Soctay of Profcssional Engineus for EJCDC. All rights reserved. Includes City of Fort Collirts ntodifications dated 0912004
34
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950Contract Change Order
00960Application for Payment
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE:
CONTRACTOR:
PROJECT NUMBER:
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost
4. Change in Contract Time:
ORIGINAL CONTRACT COST $ .00
TOTAL APPROVED CHANGE ORDER 0.00
TOTAL PENDING CHANGE ORDER 0.00
TOTAL THIS CHANGE ORDER 0.00
TOTAL % OF THIS CHANGE ORDER
TOTAL C.O.% OF ORIGNINAL CONTRACT
ADJUSTED CONTRACT COST $ 0.00
(Assuming all change orders approved)
ACCEPTED BY: DATE:
Contractor's Representative
ACCEPTED BY: DATE:
Project Manager
REVIEWED BY:
tle:
DATE:
APPROVED BY: DATE:
Title:
APPROVED BY: DATE:
Purchasing Agent over $30,000
cc: City Clerk Contractor
Project File Architect
Engineer Purchasing
9/99 Section 00950 Page 1
APPLICATION FOR PAYMENT
PAGE 1 OF 4
OWNER: City of Fort Collins PROJECT:
APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
ENGINEER: CONTRACTOR:
PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS
Application is made for Payment as shown below in oomection with Contract
NUMBER DATE AMOUNT
The present status of the account for this Contract is as follows:
1
2
Original Contract Amount:
3
Net Change by Change Order.
Current contract Amount:
$0•00
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage:
$0•55
Less Retainage:
Net Change by Change Order $0.00
AMOUNT DUE THIS APPLICATION:
$0•00
CERTIFICATION:
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR Incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
The above Amount Due This Application is requested by the CONTRACTOR.
Date: By:
Payment of the above Amount Due This Application is recommended by the ENGINEER.
Date: By:
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
Date: By:
Payment of the above Amount Due This Application is approved by the OWNER.
Date: By:
CONTRACT AMOUNTS
Bid
Item
Number Description Quantity Units Unit Price Amount
APPLICATION FOR PAYMENT
Work Completed Work Completed
This Month Previous Periods
Qly. Amount City. Amount
Work Completed Stored
To Date Materials
This
Qty. Amount Period
PAGE 2 OF 4
Total
Earned Percent
To Date Billed
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.O0
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0•00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$010
$0.00
$0.00
$0.00
TOTALS $0.00
$0.00
$0.00
$0.00
$0.00
CHANGE ORDERS
APPLICATION FOR PAYMENT
PAGE 3 OF 4
Work Completed
Work Completed
Work Completed Stored
Bid
This Month
Previous Periods
To Date Materials
Total
Item
This
Earned Percent
Number Description Quantity Units
Unit Price Amount
City. Amount
Qty. Amount
Qty. Amount Period
To Date Billed
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
moo
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS CHANGE ORDERS
$0.00
$0.00
$0.00
$0.00
$0.00
PROJECTTOTALS
$0.00
$0.00
$0.00
$0.00
$0.00
STORED MATERIALS SUMMARY
On Hand Received
Item Invoice Previous This
Number Number Description Application Period
PAGE 4 OF 4
Installed On Hand
This This
Period Application
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$O.o0
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$O.OD
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00 $0.00
$0•00 $0.00
BOBCAT RIDGE NATURAL AREA
TRAIL DESIGN AND CONSTRUCTION
EXHIBIT "A"
SCOPE OF WORK
Phase I : Trail Design and Construction
Meet with City staff prior to design of trail to address any initial concerns,
issues, and coordination during process.
2. Flag preliminary alignment for trail in the field.
3. Prepare and submit map of preliminary trail alignment and plan, including
location of proposed new structures (e.g., bridges, gates) for trail that
meets or exceeds USFS Standards for review by City trails team (staff and
citizen board members) and COE (if necessary). Plan should include
description of the trail design (ADA and non-ADA ), including materials;
drawings and/or photos of proposed new structures (e.g., bridges, gates);
description of possible opportunities for using volunteers to construct a
small portion of the trail; approach and need to fell trees; rehabilitation and
restoration plans for disturbed areas; and estimated construction costs
and timeline for review, final approval, and construction.
4. Meet with City trails team in the field to finalize trail alignment and plan.
5. Submit final trail alignment and plan, including final construction costs and
timeline to City staff for approval.
6. Obtain COE approval/permits, if necessary.
7. Construct trail and rehabilitate areas disturbed during construction.
8. Meet with City staff for final approval of trail construction and rehabilitation
of disturbed areas.
9. Provide a final trail location map compatible with the City's GIS system
after trail is completed and construction approved.
Phase II: Connector Trail to the South. and Phase II I Design
Follow Steps 1-6 as in Phase I, with the exception of including USFS staff in
review of trail alignments and plan (Steps 3 and 4). Combine design of
Connector Trail to the South with design of Phase II and complete preliminary
design before beginning Phase III design.
Bobcal Ridge Natural Area
Concepillat bail~ I'lall
Ft-bivaw -'Ml
124 fCC, 0.5
be valid and binding upon OWNER and DESIGN/BUILDER, who agree that the Contract
Documents shall be reformed to replace such stricken provision or part thereof with avalid and
enforceable provision that comes as close as possible to expressing the intention of the stricken
provision.
13.06 The Contract Documents shall constitute public records under the Colorado Public
Records Act, and shall be available for public review upon request, except for the Audited
Financial Statement of DESIGN/BUILDER included in DESIGN/BUILDER'S Proposal.
IN WITNESS WHEREOF, OWNER and DESIGN/BUILDER have signed this
Agreement in duplicate. One counterpart each has been delivered to OWNER and
DESIGNBUILDER. All portions of the Contract Documents have been signed, initiated or
identified by OWNER and DESIGNBUILDER.
This Agreement will be effective on May 24, 2005.
9/12/01 Section 00520 Page 7
Bobcat Ridge Natural Area - Soils Map
Miles
015 0.5
Legend
Map Unit Number. 8011 Name
12-Baer-Red Oubop cornpl*a. 1511 45 p.scanl Nopos
- M. Braoco coarse Sandy loam. 9 b 30 W woof slopes
21. Camna bsm. 3 b 9 W ¢ant slop✓.
® 24. CohnarbrsBmr um cwrplea. 0 to 3 pelnnl slops.
. 25. ComananBarnum corrybx, 3 to 9palanl sbW s
- 30. ElbatMMaan Boma. 5 b 30 Pomen elapse
143. Haploberoes.Reck Outcrop compbr Steep
HaoustoOs. H41y
® 45. NapWslods-Rcck Orfcop conyba Steep
49. Harlon fine •andy loam 1 lo 3 permnt slates,
- 47. Nadan Rne sarMY loam 3 b 9 W runt slap.,
57. kutlq loam. 3 b 9 peranl sbpas
- 58. Nirbay-pumar complex 5 to 20 peranl slopes
- NO Larm9rav41/y sandy loam. 5lo 40aa1com 00;,ct
_ j 74, Nunn clay Nam. 11e 3 m,.M sbpos
75. Nunn clay Nam. 3 to 5 W rcam slopes
- at. Pack fine andy loam. 0 b 1 Wt4anl sb W s
- M. POUdre floe sandy lwm 0 to 1 WroM sbW
B5. Rnrrr firo,ardy loam 1 b 9 W ream slopes
56 PulnerRod ONctop eoWlea 10 m 50 pomer4 vlo"s
- $7. Raoke-Rah Om[IeP cempb.. 25'. 55 paiwal slops,
93. Rock dda.p
95. Sabha loam, 1 to 3 parcont elopes
- W. 5atmto loam. 3to 5 pboenl shnot
k 117 T"ll-Moan comps.,. 5 to X".. slopes
11E. Y4etmor.Bovb-Moen <emplar_Slo 4p Wrc.N slopes
- t t i. YblmereBeyN-Pod Outcrop cerpb., 510 60 paranl sops
EXHIBIT "B"
FEE SCHEDULE
(tee Scheduk
Design Cost Eadmaum
Phase 1
4.5 miles (23,76011) 48" wide
$0.254f
$ 6,940.00
1.0 mile ADA (included above)
1.0 mile singletrack parallel (additional)
no charge
M&Uizatian 10%
lump sum
$ 694.0o
TOTAL PHASE I DESIGN
$ 6,634.00
Ph"* 11
5.7 :miles (30,096 If) MR wide
$033Af
* 9,9a1.68
Mobilization 12%
lump sum
lj 1,191.80
TOTAL PHASE H DESIGN
$IIJ29.48
Phase III
3.3 miles (17,424 M 2-411; wide
$0.354f
$ 6,098.40
Mobilization 12%
lump sum
$ 731.81
TOTAL PHASE III DESIGN
* 6,880.20
South Add -on
0.8 miles (4,2241) 2-4ft wide
$0.2511f
1j 1,8"A0
Mobilization 10%
lump sum
$ 105A0
'.TOTAL PHASE SOUTH DESIGN
* 1,16L"
14.3 bailee (7LW4 N7 Total 2%dI n Esti1 almAMd1M
ConetraCdOn Coat EsHmatea 0lachi1We Construc6011 S WWWO 480 Trail.
Dozer and UJI NZ4 5 Allied Excavator)
Phase 1
3.5 miles (18,480 If) 48" wide
$1.0W
#)!A4,987.20
1.0 mile ADA (52801f) 4(1" wide
$8.2611f
11143,500.00
Mnbilizgrion 10%
lump sum
9 7AML72
TOTAL PHASE I CONSTRUCTION
"4,A86.83
Phase n
6.7 miles (30,000 If) 2-4ft wide
$2.40Af
1<7$580.40
Mobilization 15%
lump sum
S10,8ML50
TOTAL PHASE H CONSTRUCTION
•93,064.96
Phase In
3.3 miles (17,424 If) 2-4ft wide
$2,6Mf
$49,SW46
Mubi[lization 15%
lump sum
$ 7,448.76
TOTAL PHASE III CONSTRUCTION
$57,101.16
South Add -on
0.8 miles (4,224 if) 2-4ft wide
$1.49/If
$ 8,583.76
Mobilization 10%
lump sum
$ +BF9M
TOTAL PHASE SOUTH CONSTRUCTION
III 6,923.14
TOTAL DMON
14.3 miles (76.604111 Total Build
A ESTIMATE
F.a
x+e.431.1A
E268 8a0 4§
Additional Coat Related items Required by RPP898
Hand Construction
(Difficult Terrain for machine))
Switchback Construction
Wooden Bridge Construction
Tree Felling
Reclamation
Gates R fi wide pedestrian)
24" wide
* 2.7&V
NIA
included in aiet4f
4-6 feet wide
$26,fla(af of deekiaff
N/A
Included in costlif
no seed included
* 1.33Af
Provided by City $180.00 each installed
Provided by ATI *MAD each installed,
ATI has developed their price structure and related costs according to factors
involved in all aspects of a trail prcdect. The last eleven years of trail design and
construction has enabled ATI to develop costs fer clients that compete with in-house
operations. ATI eliminako coats related to hiring seasonal trail crews and
additional training and operating expenses. We offer our services based on our
competitive pricing, efficiency, and our increasing trail experience.
The rising coats or fuel and the cost or living does impact our minority owned
business, but not to the extent to raise our prices substantially. ATI has never been
approached to provide details of oust construction factors. ATI has never had a
cident that was not completely satisfied with the quality workaxanahip we provide.
We bass our prices on all of the oonstrucdon cost factors listed below.
Crew Training, Employee Payroll and Payroll Taxes, Crew Lodging
Workmaes Compensation Insurance, General Liability Insurance
Commercial Auto insurance, inland Marine Insurance
Fuel and Oil, Maintenance on Machinery, Machinery and Tools
Licenses and Registrations for Equipment and Trailers
Flagging and Trail Layout Materials
Field Mapping and Map Generation
Accounting and Office Preparations, Billing
Bid Preparation, Photography
Contraet Negotiations, Performance Bonding
Meetings with Clients and USPS
PROPOSAL
Submitted by -
Arrowhead Trails, Inc.
April 13, 2005
For
Bobcat Ridge Natural Area -Trail Design and Construction
RFP: 982
Table of Contents
Project Approach
1
Services Provided
4
Construction Standards
7
Key Personnel and Subcontractors
9
Similar Projects
10
Fee Schedule
11
Design Costs (All Phases)
Construction Costs (All Phases)
Additional Costs
Hand Construction
ADA Construction
Switchback Construction
Wooden Bridge Construction
Tree Felling
Reclamation
Gates
Construction Cost Factors
12
Construction Timeline
13
Safety Record
13
References
14
Technical Drawings
17
Addendum No. 1 and No. 2
20
Project Approach
Arrowhead Trails, Inc.'s appreciates the opportunity to respond to RFP 982, the
Bobcat Ridge Natural Area -Trail Design and Construction Project. This
proposal outlines our team approach, our design & build experience and our trail
building reputation in Colorado. We are very excited with the potential of assisting
the City of Fort Collins in meeting their objectives of creating a high quality,
sustainable trail system in this beautiful natural area.
Arrowhead Trails, Inc. has written and implemented numerous design and build
trail construction contracts across Colorado and the United States. We will work
with the City of Fort Collins to implement this project as efficiently as possible,
warranted by our solid reputation of providing turn -key sustainable trail systems.
Our last two design & build projects were with Cheyenne Mountain State Park
and Douglas County Open Space. They were located in similar topography and
soils to Bobcat Ridge, and are also located along the spectacular Colorado Front
Range. These projects created 27 miles of natural surface, sustainable trails for non -
motorized trail users in Colorado (see portfolio). Please feel free to call Rich Dudley,
Park Manager of Cheyenne Mountain State Park or Cheryl Matthews, Director of
Douglas County Open Space for their experience with our company.
In 2004, ATI completed Sustainable Trail Master Plans for the United States Air
Force Academy (19,000 acres) in Colorado Springs and the Arkansas
Headwaters Recreation Area (150 miles of river and land based recreation
running from Leadville to Canon City). In the past eleven years we have developed
twenty Sustainable Trail Master Plans for a variety of agencies.
ATI is currently working with the City of Boulder Open Space and Mountain
Parks and the City of Louisville Open Space on projects under contract to be
implemented this 2005 Front Range trail season. Our trail construction crew leaves
April 17, 2005 to implement Beavers Bend State Park Trail Master Plan on
scenic, Broken Bow Reservoir in southeastern Oklahoma.
ATI has the entire package that the City of Fort Collins is seeking. ATI has a very
experienced design team, GPS mapping capabilities, and one of the best mechanized
trail construction crews in the nation (100% of us reside in Colorado). Utilizing
ATI's experience on this project will prove to be the most cost effective and efficient
team for the City of Fort Collins to implement the project with in the shortest time
frame possible.
The City of Fort Collins would greatly benefit from Arrowhead Trails, Inc.
experience. We would approach the project with the greatest attitude and skills
available in the industry. We have provided trail design and construction training
to the Trail Care Crews of the International Mountain Bicycling Association, IMBA,
for its first seven years. ATI assisted IMBA in developing a mechanized trail crew
that travels across the country and help secure a donation for a SWECO Trail
Dozer. ATI and IMBA were recently awarded a joint bid from Copper Mountain
Resort to develop a mountain bike destination resort in the next five years to rival
their sister Intra-west Resort in British Columbia, Whistler-Blackcomb.
ATI can easily complete Phase I of the project this summer. The design of the first
4.5 miles of trail should take less than one week. The trails alignment will then be
mapped with a Garmin Etrex GPS unit. Data collected by Arrowhead Trails can be
downloaded into the City of Fort Collins GIS system. Arrowhead Trails Inc. will also
provide the city with a map of the alignment on a 7.5 minute USGS quad map at a
scale from 1:24,000 to 1:8,000 to assist with the staff review process. ATI uses
DeLorme mapping software and SAT 10 aerials photos of Colorado to document our
trail designs. Brochure and trailhead quality maps may be developed at an
additional costs if desired.
After the design approval process, trail construction should take approximately one
month. This leaves plenty of time within the season to begin implementing Phase
II. ATI can propose an appropriate length of ADA trail during the design component
of Phase I to minimize trail tread grades and meet the ADA Accessibilty Guidelines.
We have published an article in the American Trails, Trail Tracks on the Art of
Crushed Stone Trails (included). The need for an adjacent singletrack will be
assessed during the design of Phase I.
Arrowhead Trails, Inc. can work with the City of Fort Collins to implement each
phase of work with flexibility. The City of Fort Collins should continue with its
efforts with the United States Forest Service to conduct the necessary field and
environmental study requirements. ATI understands that USFS studies are time
consuming and can create scheduling difficulties. We feel confident we can work
around any reasonable issues without causing any contract change orders. We can
assist the process greatly by offering a one -day field tour of the proposed trail routes
when they have been flagged to any personnel including: biologist, archaeologist,
hydrologist, park rangers and other related City staff. This often helps the process
immensely when those involved fully understand how the disturbances to the
natural resources will be limited to the four foot wide trail corridor. Our reputation
is deeply rooted in our commitment to protecting natural and cultural resources.
Arrowhead Trails, Inc. will use a cost per unit basis to determine final invoice cost
for the project. ATI will measure final design and trail constructed with an accurate
measuring wheel to determine linear feet. Estimated totals for the construction of
each phase is listed below, but measurements will be made to ensure appropriate
and fair costs to the City of Fort Collins. This will give the contractor flexibility with
the design the city a fair price of goods delivered.
bigger pic would fit now?????
Services Provided
Arrowhead Trails Inc. was incorporated in 1994 to assist agencies, organizations,
and the private sector in developing, and managing sustainable natural surface
trails. We specialize in sustainable, shared use trails that minimize visitor conflicts
and protect our natural and cultural resources.
State-of-the-art machinery, like the SWECO 480 Trail Dozer, mini -excavators and
compact loaders enhance our productivity and decrease your trail construction and
maintenance costs. By providing the full spectrum of trail services from design to
construction ATI eliminates the difficulties and the liability in hiring and training
trail crews.
Arrowhead Trail's slogan is "Your Trail Partner for the 21' Century." Our small
company is family owned and operated by Danna, Tony and Taylor Boone. Our
commitment to protecting natural and cultural resources is the main reason we are
so passionate about designing and developing sustainable trails and our solid
reputation backs this up.
5
We create trails like a sculptor creates art. Our art is to be experienced
aesthetically and kinesthetically by trail users, including hikers, equestrians,
mountain bikers, runners, skiers, and snowshoers.
All trails designed and constructed by Arrowhead Trails, Inc. carry a standard two
year warranty for problems created by reasonable use and reasonable weather
patterns. This warranty does not include impacts fi om any other land use other
than recreational. Trail construction from existing designs carry a standard one
year warranty for problems created by reasonable use and reasonable weather
patterns. ATI only constructs sustainable natural surface trails.
Arrowhead Trails, Inc. appreciates the opportunities and challenges to meet and
exceed the expectations of the City of Fort Collins in the development of a
sustainable, non -motorized, natural surface, trail system the Bobcat Ridge Natural
Area. Our understanding of trail design and the difficulties to be encountered
during the construction in a pristine environment are based on almost 20 years of
Colorado trail construction experience.
Our reputation is built on long-term partnerships with our clients, consistently
exceeding our client's expectations, and our passion for trail building. In ATI's
responses to RFP 982, we have purposefully tried to keep our proposal as clear and
concise as possible and would encourage all proposal reviewers to check out our
website at www.arrowheadtrails.com for any additional company information and
pictures of SWECO built trails.
In the past eleven years Arrowhead Trails, Inc. has designed and built almost
200 miles of sustainable, natural surface, multiple -use trails in Colorado,
Texas, New Mexico, Idaho, Arizona, Nevada, Oklahoma, and South Carolina. Our
satisfied clients include: municipalities, counties, federal agencies, state parks, ski
resorts, land trusts, youth corps, non-profit organizations, family ranches and
farms, river authorities, water managers, and private landowners. We have
written almost 20 Sustainable Trail Master Plans.
We believe our success is due to our philosophy of consistently providing a better
product than our clients expect. Our ultimate goal is to help natural resource
managers develop trail systems that minimize visitors impacts to the natural systems
of the area while still providing an intimate experience with nature for their trail
users. We assist clients at all levels of trail system development and management.
Arrowhead Trails has designed and constructed trails in a variety of environments
including: Alpine, Sub -alpine, Upper and Lower Montane Forests, Rock Outcrop
complexes, Gambel Oak -Mountain Mahogany Shrublands, Ponderosa Pine -
Grasslands, Pinyon -Juniper Forest, Post Oak Savannah, Cross Timbers Hill
Country, Southeastern Piedmont Forest, Sonoran Desert, and various elevations of
riparian plant communities ranging from <1000' to 12,000 feet in elevation.
6
Construction experience has ranged from easy, gentle terrain with sparse
vegetation to steep north facing slopes of Douglas Fir and Aspen. We also have
experience with dry laid stone walls, native timber bridges, puncheons, trail
signage, rock cairns, stone armoring, culvert installation, and various other trail
related structures.
Our references are all current and the primary way we do business, is by
"word of mouth". The main focus of our company is to design and
construct natural surface trails for mountain bikers, hikers and
equestrians in Colorado, the United States and developing countries that
focus on sustainability and non -motorized shared -use.
Highlights of Arrowhead Trails, Inc. 1994-2005:
Designing and constructing almost 200 miles of sustainable, natural surface
trails in Colorado, New Mexico, Texas, Arizona, Idaho, Nevada and South
Carolina, and Oklahoma.
➢ Developing and/or implementing twenty Sustainable Trail Master Plans
➢ Training thousands of volunteers, non -profits, private trail companies, and
government staff in "Sustainable Trail Design & Construction" (including US
Forest Service, Colorado State Parks, International Mountain Bicycling
Association, Colorado Youth Corps Association)
➢ Promoting 21e4 Century technology like the SWECO 480 Trail Dozer
➢ Developing our family's fifth generation cattle ranch into one of Texas' most
successful private Mountain Bike Ranches (The Breaks at Bar H)
➢ Managing Colorado's most successful trail company for eleven years (Additional
information and portfolio available on our website)
OWNER:
CIT FORT 'COLLINS/`'��� �
By: 0:)C �xX L
m s B. O'Neill 11, CPPO, FNIGP
Directo of Purchasing and Risk Management
Date:
Address for giving notices:
PO Box 580
Fort Collins_ CO 80522
APPROV AS TQ FORM:
Assistant City Attorney
9/12/01
DESIGN/BUILDER:
Arrowhead Trails, Inc..
Name-::--Z:>4-"^/,4 Foo.../E
V. P. / 0 W^1eir
Date: 611105
Address for giving notices:
11121 OR ZVO
5/f'L/DID, G a
License No. FE7r/ F41' /ZF59Y6
yEupcp— ..* D 3Stf0
(If DESIGN/BUILDER is a corporation,
attach evidence of authority to sign.)
Section 00520 Page 8
Construction Standards
Arrowhead Trails, Inc. has been instrumental in developing trail design and
construction standards. Colorado State Parks and the International Mountain
Bicycling Association have incorporated our design and construction standards into
their Trail Master Plans, literature, and several published books. Numerous
agencies have utilized these standards in their requests for bid proposals. ATI
revised and developed the following standards based on USFS trail standards and
its own experience working on numerous trail projects.
The City of Fort Collins asked Proposal submitters to address the recommended
trail widths for the Bobcat Ridge Trail Design and Construction project, RFP982.
ATI recommends the construction of 48" wide trail treads to better accommodate
shared -use. Some 24" tread may be recommended in areas with rock outcrops.
In general, the trail alignments closest to parking should be 48" wide and be
constructed with the SWECO 480 trail dozer. Trail alignments farther into the
back -country may need to be narrower, typically 24" wide. The 24" wide trail tread
would be constructed by hand or with a mini -excavator. This design decision can be
made upon the layout of Phase II and Phase III. ATI has constructed many miles of
48" wide SWECO trail in the back -country along steep side slopes.
Trail Standards for the Bobcat Ridge Trail System
Align trails using the natural topography of the land with a rolling contour
design.
>Align trails to ensure that water exits the trail tread often.
2-Rolling grade dips should be the standard water drainage feature.
>Shared -use trails should be constructed with a four foot wide trail tread.
),-Singletrack trails should be constructed with a 24 inch wide trail tread.
i-The average grade of the trail tread should not exceed 10%.
The maximum grade of the trail tread should not exceed 15%.
>Trail grades should be checked with a clinometer.
>Backslopes should be constructed to a 2:1 ratio where possible.
>Trail tread outslopes should be constructed to 5-9%.
Trail tread outslopes should be checked with a digital level.
R
The Downslone of a trail serves as the place where water exits off of the trail tread
surface. Rocks, timbers, and soil positioned higher than the trail tread prevent
water from exiting. The Critical Points above the backslope and downslope need
to be kept rounded to allow for water drainage. Do not line the trail tread with rock
or logs, this practice tends to create paths for water and does not allow for drainage.
List of Mechanized Equipment to be used on the Project:
Year
Make/Model
Type of Equipment
Own/Lease/Rent
2000
SWECO 480
48" wide Trail Dozer
Own
2003
IHI NX-15*
39" wide mini -excavator
Own
2003
Gehl AL-20DX*
39" wide compact loader
Financed
1995
Yamaha 350
42" wide 4x4 ATV
Own
1992
Honda
40" wide 4x4 ATV
Own
2002
Stihl
Chainsaw 036 Pro
Own
1999
Stihl
Chainsaw 09
Own
1999
Stihl
Polesaw HP-75
Own
List of Non -Mechanized Equipment to be used on the Project:
McClouds, pick mattocks, rock bars, axes, shovels, rakes, tine harrow,
loppers, pulaskis, pitch forks & rock bags.
ARROWHEAD TRAILS, INC. S-Corp
11121 County Road 240
Salida, CO 81201
719-539-2817 ATI Office
719-221-1049 Danna's Cell
720-244-7804 Tony's Cell
Officers:
Tony Boone President/Treasurer
Danna Boone Vice-President/Secretary
Crew and Machine Operators:
Taylor Boone, Luke Sustr ich,
Date of Incorporation
10/27/1994
49% Owner
51% Owner
*Arrowhead Trails, Inc. has no branches, subordinate units or divisions.
*Arrowhead Trails, Inc. is also certified as a Colorado Small Business.
*Arrowhead Trails, Inc. is a Minority, Woman Owned Business.
In
Additional Cost Related Items Required by RFP982
Hand Construction
(Difficult Terrain for machine))
Switchback Construction
Wooden Bridge Construction
Tree Felling
Reclamation
Construction Cost Factors
24" wide
n/a
n/a
not including seed
$ 2.75/lf
included in cost/If
$25.00/sf of decking
included in cost/If
$ 1.33/lf
ATI has developed their price structure and related costs according to factors
involved in all aspects of a trail project. The last eleven years of trail design and
construction has enabled ATI to develop costs for clients that compete with in-house
operations. ATI eliminates costs related to hiring seasonal trail crews and
additional training and operating expenses. We offer our services based on our
competitive pricing, efficiency, and our ever increasing trail experience.
The rising costs of fuel and the cost of living does impact our minority owned
business, but not to the extent to raise our prices substantially. We base our prices
on all of the construction cost factors listed below:
Crew Training, Employee Payroll and Payroll Taxes, Crew Lodging
Workman's Compensation Insurance, General Liability Insurance
Commercial Auto Insurance, Inland Marine Insurance
Fuel and Oil, Maintenance on Machinery
Licenses and Registrations for Equipment and Trailers
Flagging and Trail Layout Materials
Field Mapping and Map Generation
Accounting and Office Preparations
Bid Preparation
Contract Negotiations, Performance Bonding
Construction Timeline
Phase I
Phase II
Phase III
South Add -on
Design
summer 2005
summer 2006
summer 2006
summer 2006
Construction
summer 2005
summer 2006
summer 2006-4/07
summer 2006-4/07
I
Safety Record
Arrowhead Trails has reported one minor injury, a sprained thumb, in the past 10
years of operation. ATI completes a safety course with its employees prior to the
beginning of each trail building season. We have also been responsible for training
thousands of volunteers in tool and construction safety.
ATI provided training for CYCA Trail Crewleaders for the past three years. The
crew leaders oversee the trail work performed by eleven youth corps across the
State of Colorado.
For seven years ATI has assisted IMBA with the training and orientation of the
Subaru/IMBA Trail Care Crew. ATI also provides consulting for the Trail Specialist
Program and training/consulting for the IMBA Mechanized Trail Crew which uses a
SWECO Trail Dozer.
Workman's Compensation Rate for the past three years: 4.056, 4.758, 5.725
m
References
Trail Portfolio 2000-2004
ATI has designed and constructed $1M of trails in last five years.
Douglas County Open Space & Natural Resources, Colorado
Cheryl Matthews 303-660-7495 $190,000
Design & Construct Ringtail, Swallowtail and Sharptail Trails (13+ miles)
Specifically designed for equestrians and mountain bikers. Sole provider of trail
management services including: planning, design & layout, budgeting, construction
and maintenance.
Cheyenne Mountain State Park, Colorado State Parks
Rich Dudley 719-633-4110 $1759000
Design and construct 14 miles of trail for new state park designed specifically for
mountain bikers. This park is Colorado State Parks' first non -water, trail based
recreational area. Trails include: the Talon, Sundance, Little Bear, Blackmer Loop,
and others. During the summer of 2003 ATI built a record 20 miles of trail in 20
weeks.
Colorado State Parks, Division of Parks & Natural Resources:
Develop and/or implement Trail Master Plans for the following state park:
Bob Wiig 970-434-6862 $104,750
Arkansas Headwaters Recreation Area Castlewood Canyon State Park
Colorado River State Park Crawford State Park
Eleven Mile State Park Highline State Park
Jackson Lake State Park Mancos State Park
Mueller State Park Ridgway State Park
Rifle Falls State Park Sweitzer Lake
Sylvan Lake State Park Vega State Park
Town of Breckenridge Open Space & Trails, Colorado
Hiedi Anderson 970-547-3110 $77,000
Projects include construction of Whitewater Park Phases I & II, West Moonstone
Trail, Iowa Hill Trail, Shock Hill Trail, Warrior's Mark Trail, Breckenridge Mt.
Village Trail.
City of Boulder Open Space & Mountain Parks, Colorado
Brad Skowronski 303-413-7626 $75,000+
Reconstruct the classic Royal Arch Trail below the Third Flatiron. Provide trail
master planning/consulting services on an on -going basis on numerous Trail Study
Areas: Dowdy Draw, Eldorado Mountain, Marshall Mesa, Southern Grasslands,
Boulder Valley Ranch, and Dome Rock & Elephant Buttresses. (all in progress)
City of Aspen Parks, Colorado
Austin Weiss 970-920-5128 $50,000+
Current projects include: Moore Nordic Trail, Five Trees Trail, William Ranch
Trails. (in progress), Past Projects include construction of the Ajax Trail, Ute
Cemetery Trail, North Star, Barbee Trail, and the Benedict Trail.
15
The Breaks at Bar H Mountain Bike Ranch, Texas
Barbara Hutson 940-995-2832 $50,000
This is Texas's most popular mountain bike ranch and my families ranch where I
grew up. It has been in the family for 138 years and five generations. It is located
outside of Saint Jo, Texas. The Breaks offers 25+ miles of SWECO built singletrack
trails, camping facilities, and solitude an hour and a half from the Dallas-Ft.Worth
Metro Area, designed solely for mountain bikers.
Pole Creek Preserve - Fraser, Colorado
Shannon Gillespie 303-877-2111 $43,000
ATI constructed a six mile, private, multi -use trail system for Pole Creek Preserve
Homeowners Association. Trails were designed specifically for mountain biking and
equestrians.
International Mountain Bicycling Association (IMBA)
Scott Linnenburger 303-545-9011 $429000
(in -kind services & securing SWECO Trail Dozer donation)
For seven years ATI has assisted IMBA with the training and orientation of the
Subaru/IMBA Trail Care Crew. ATI also provides consulting for the Trail Specialist
Program and training/consulting for the E\IBA Mechanized Trail Crew which uses a
SWECO Trail Dozer.
Rocky Mountain Research Station, USFS, Colorado
Bob Dietrick 970-498-2710 $42,000
Trail maintenance of the four mile Diamond Lake Trail in the Indian Peaks
Wilderness consisted of Cairns, log puncheons, rock and log water bars, and reroute
construction without the use of power tools at an elevation of 12,000.
United State Air Force Academy, Colorado
Brian Mihlbachler 719-333-3308 $36,000
Develop Trails Master Plan for 25 miles of trail for the United States Air Force
Academy and the Farish Recreation Area west of Colorado Springs.
Colorado Springs Trails, Open Space & Parks, Colorado
Chris Leiber 719-385-6530 $29,000
Chamberlain Trail - Sections I -III (> one mile) including 90' x 3' stone wall on
Section I. Work also included reclamation, obliteration and closure of social trails.
Willow Springs Homeowner's Association, Colorado
Scott Bowman 303-748-4926 $25,000
The Willow Walk Trail, near Morrison, Colorado, is a two mile, multi -use trail
constructed for the Willow Springs Homeowner's trail system.
16
Skyland Metropolitan District, Crested Butte, Colorado
Jim Murrey 970-349-7411 $25,000
Construction of the private one -mile, Grant Lake Trail consisted of two trail types,
an ADA 48" wide crusher fines trail and a 24" wide natural surface hand -built trail.
Breckenridge Outdoor Education Center, Colorado
Bob Bond 970-453-6422 $17,000
This fully accessible trail system was improved with re -grading and construction of
a 48" wide ADA crusher fines trail around the town reservoir that accesses group
initiatives and ropes course areas for disabled and able bodied participants.
Buffalo Creek Mountain Biking Trails, USFS, Colorado
Scott Dollus 303-275-5610 $9,000
The SWECO 480 dozer was used by ATI to build rolling grade dips along the trail
system to divert water and prevent serious erosion on the trails after the fires.
South Carolina Trails, Long Cane Trails LLC, & USFS
Bill Victor 803-278-6177 $7,700
Trail consulting, design and training on sustainable trail development for Hickory
Knob State Park.
Maryvale Village LLC & Essenterra, Colorado
Laurie Chahbandour 303-715-0481 $6,300
ATI rough cut a two-mile trail for the Colorado Youth Corp to finish to provide
access to USFS lands through a new development.
Summit County Open Space, Colorado
Holly English 970-668-4247 $6,700
A reroute of the Oro Grande Trail and a new access trail were constructed to
continue to allow the public to access USFS lands behind the County landfill.
Colorado Youth Corps Association (CYCA)
Jennifer Althaus 303-825-6246 $5,000
ATI provided training for CYCA Trail Crewleaders for three years. The crew leaders
oversee the trail work performed by eleven youth corps across the State of Colorado.
Town of Vail & USFS, Colorado
Steve Bull 970-827-5715 $4,000.
This one -mile, town connection to the North Trail was rough cut with the SWECO
and finished by the U S Forest Service trail crew.
City of Paris, Texas
Terry Townsend 903-785-7511 $4,000
Sustainable trail design and construction workshops for Public Works Department.
City of Tucson & Pima County Parks, Arizona
Steve Anderson 520-877-6000 $2,500
ATI designed a two-mile trail for S Mountain to allow visitors to climb to the top
without being on the busy summit road. Grades were kept to less than 8%.
17
BASIC TRAIL CROSS-SECTION
Arrowhead Trails, Inc.
Trail Corridor Horizontal
(4-6 feet wide)
Trail Corridor, Vertical
(8-10 feet high)
Natural Surface
Trail Tread Width
(18-48 inches)
Side Slope
Critical
. •' Point
_ (rounded)
M••
Badcslope
(1:1 or greater)
Center Line Trail Tread
Critical (flagged or staked) (outslope 3-5%)
Point
(rounded)
Drawing Devel Traced by
fff}+J Arrowhead ad Trails Inc.
17
SURFACED TRAIL CROSS-SECTION
Arrowhead Trails, Inc.
Trail Horizontal Corridor
(4-8 feet wide)
Trail Vertical Corridor
(8-10 feet high)
Tread Width
(2-6 feet)
Retaining Wall Bench Cut Trail
or Backslope
r(outslope
l Tread
FIatlTrail
3-5%)
xl
3/8" minus Geotextile Fabric
crusher fines center Line (Miraf1 taONS)
(flagged or staked) Trail Tread
5-8" thick (crowning 3%)
Crusher fines must be wetted
to saturation and compacted
with a vibratory roller or plate
compactor when shaping the
outslope and grade dips
Drawing Developed by
J f Arrowhead Tr " B, Inc.
I
Grade Dip
Arrowhead Trails, Inc.
+7
T
\AR AORIIV Q�0
Draw ng Developed by
fff Arrowhead Trails, Inc.
M