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ARROWHEAD - CONTRACT - RFP - 22962 P982 BOBCAT ADDENDUM AND RFP
ADDENDUM No. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: P982 Bobcat Ridge Trail Design and Construction OPENING DATE: 3:00 P.M. (Our Clock) April 13, 2005 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. CHANGE: Bid Opening- 3:00 P.M. (Our Clock) April 13, 2005 NEW TIMELINE: RFP Advertised and Mailed: Friday, February 25, 2005 Pre -proposal Meeting: Thursday, March 24, 2005 Proposal Due Date: Wednesday, April 13, 2005 Evaluation of Proposals: Monday, April 25, 2005 Interviews: Tuesday, May 3, 2005 Contract Negotiations: Tuesday, May 17, 2005 Award of Contract: Thursday, May 19, 2005 Start of Phase I Design: Monday, May 23, 2005 215 Nordlt Mago€t ' tIred • 2"' I,100t- • P,0. Ifox 580 e Fort Uollinx. CO 80,512-0580 • (9?0) 6ota (` 701 221-67t)' www. fceov.com Mahoney Park). Maximum total trail length is approximately 5.7 miles. Preference is for a natural surface trail open all seasons. Trail width would be 2' to 4' (depending on recommendation from design and anticipated use). Elevation varies from approximately 5500-7100 feet. Vegetation type is about 85% forest/shrubland and 15% grassland/high meadow. Soils vary from lower stony or cobbly sandy loams mixed with rock outcrops to upper elevations shallow, gravelly to coarse sandy loams mixed with rock occurring on very steep slopes that exhibit rapid runoff, and are highly erosive (see attached soil map). Any dead, burnt trees with potential to fall on the trail and injure users would need to be felled and moved out of the way of trail construction, but not removed from the site. Some small and larger drainages cross the proposed trail. Preferred method for crossing drainages is a foot bridge or short boardwalk. Project may require COE permits and/or approval. Access is for mountain bikers, hikers, and equestrians; the focus for this trail section is mountain bikes. Trail design may need to accommodate grazing (e.g., gates). Trail contractor will coordinate with the Natural Areas Program Land Manager regarding the grazing/ranching operations during design and construction. Significant historical or pre -historical items may be encountered during trail construction; in those cases, construction in the area would need to be halted temporarily and an archaeological expert (to be provided under separate contract) would need to be contacted immediately. Phase 3: Possibly begin design and construction summer 2006, timing is dependent on the City obtaining an easement from USFS; complete construction by April 2007: Design and construct north trail to Mahoney Park. Total trail length is approximately 3.3 miles. Preference is for a natural surface trail open all seasons. Trail width would be 2' to 4' (depending on recommendation from design and anticipated use). Elevation varies from approximately 5700-6800 feet. Vegetation type is about 95% forest/shrubland and 5% high meadow. Soils are similar to Phase 2 soils (see attached soil map). Any dead, burnt trees with potential to fall on the trail and injure users would need to be felled and moved out of the way of trail construction, but not removed from the site. Some small and larger drainages cross the proposed trail. Preferred method for crossing drainages is foot bridge or short boardwalk. Project could require COE permits and/or approval. Access is for hikers and horses; no mountain bikes will be allowed on this trail. Trail design may need to accommodate grazing (e.g., gates). Trail contractor will coordinate with the Natural Areas Program Land Manager regarding the grazing/ranching operations during design and construction. Significant historical or pre -historical items may be encountered during trail construction; in those cases, construction in the area would need to be halted temporarily and an archaeological expert (to be provided under separate contract) would need to be contacted immediately. Connector to South Add -on: (Possibly add on to Phase 2 or 3, depending on timing of request from neighboring property to the south): Design and construct south il connector trail. Total trail length is approximately 0.8 miles. Preference is for a natural surface trail open all seasons. Trail width would be 2' to 4' (depending on recommendation from design and anticipated use). Elevation varies from approximately 5400-5600 feet. Vegetation type is about 10% forest/sh ru bland and 90% grassland. Soils are loams of the Kirtley-Purner complex (see attached soil map). Unlikely to be any dead, burnt trees with potential to fall on the trail and injure users, but if present would need to be felled and moved out of the way of trail construction, but not removed from the site. Some small and larger drainages cross the proposed trail. Preferred method for crossing drainages is a foot bridge or short boardwalk. Project may require COE permits and/or approval. Access is for hikers, horses, and mountain bikes. Trail design may need to accommodate grazing (e.g., gates). Trail contractor will coordinate with the Natural Areas Program Land Manager regarding the grazing/ranching operations during design and construction. Significant historical or pre -historical items may be encountered during trail construction; in those cases, construction in the area would need to be halted temporarily and an archaeological expert (to be provided under separate contract) would need to be contacted immediately. 2. Scope of Services: The primary tasks for the successful proponent for each phase of trail will be: 1. Work with City staff to determine trail alignment. 2. Prepare draft design and plan for trail that meets or exceeds USFS Standards for review by City, USFS staff (Phase II and III only), and COE (likely all phases). 3. Obtain COE approval/permits as necessary. 4. Provide estimated construction costs and timeline for review, final approval, and construction. 5. Prepare final design and plans for trail construction and restoration. 6. Construct trail and rehabilitate areas disturbed during construction. The specific deliverable products expected of the proposer for each phase includes the following: 1. Final construction design and plan. 2. Estimated construction costs broken down by element (e.g., trail construction by machine, trail construction by hand, ADA trail, switchback construction, wooden bridges, tree felling, rehabilitation, etc.) and total cost. 3. Completed trail that can be open all seasons. 4. Final trail location map compatible with the City's GIS system after trail is completed. The City will supply the Bobcat Ridge Natural Areas Management Plan, as well as GIS layers for the site, including aerial photo base, 20-ft contours, land ownership, fences (in process of developing), and roads (including two -track ranch roads). 5 Proposers should include any suggestions or comments that might be advantageous to the City to consider in terms of efficiencies, issues, processes, or products. The City is firm about completing the Phase1 trail by April 2006. C. TIMELINE RFP Advertised and Mailed: Pre -proposal Meeting: Proposal Due Date: Evaluation of Proposals: Interviews: Contract Negotiations: Award of Contract: Start of Phase I Design: Friday, February 25, 2005 Friday, March 11, 2005 Thursday, March 24, 2005 Tuesday, April 5, 2005 Tuesday, April 18, 2005 Friday, April 29, 2005 Tuesday, May 3, 2005 Monday, May 9, 2005 D. RFP RESPONSE REQUIREMENTS 1. Project approach. 2. Services provided. 3. Proposed Construction Standards that meet or exceed USFS standards. 4. List of key personnel and proposed subcontractors. 5. Description of similar projects performed by contractor. 6. Fee schedule by task: A. Design Phase I Design: Phase II Design: Phase III Design: Connector to South Add -on Design: B. Trail Construction by Necessary Elements. Please include the following: trail construction by machine per square foot, trail construction by hand per square foot, switchback construction per square foot, ADA trail per square foot, wooden bridge per linear foot and width, tree felling per dbh, rehabilitation per square foot). C. Construction cost factors. Establish in detail the factors which will be used in determining the final prices of work on time and material projects OR on negotiated guaranteed maximum price construction contracts. These factors shall be comprehensive in establishing all costs to be applied to direct project labor and materials in determining the construction cost. Commitments shall include: ■ Overhead and profit (combined) margin for general office activities on the base bid cost. ■ Overhead and profit (combined) margin for field office activities on the base bid cost. ■ Markup on subcontractor work by the General Contractor. base bid cost. ■ Markup on subcontractor work by the General Contractor. ■ Markup on materials and equipment on the base bid cost. ■ Markup on project labor or materials to determine the final contract price. ■ Change order markup, including supervision allowance, labor and material markups, and overhead and profit percentages, as a percent of labor and materials cost for any changes in the work following contract award. ■ You MUST submit the above requested information. The selection team will consider other methods of contract negotiations that the firm may have experience with. Firms are encouraged to submit basis for contract negotiation. ■ Your firm is expected and required to have a completely open book policy on all pricing of work. 7. Timeline for start and completion of design and construction for each phase. 8. References. 9. SAFETY RECORD Provide the firm's OSHA reportable accident rate and current workman's compensation insurance multiplier for the last 3 years. Outline your company's safety program and any additional information that would be useful in showing your approach to a safe work site. Unsafe conditions with respect to the public, owner, engineer, and contractor are not an option. 7 E. PROPOSAL EVALUATION CRITERA Weiqhting Factor Criteria Standard 4.0 Scope of Proposal Does the proposal show an understanding of the scope of the project, methodology to be used in the design and construction phases and the results that are desired from the project? Does the design/build team have the capability and experience to design and construct a project of this type and scope? Has the team demonstrated, through previous work, the creativity, technical competence and project excellence to design and construct an exceptional trail system? 3.0 Cost Factors for Do the proposed construction cost factors Design/Build Project compare favorably with industry standards and other firms' construction cost factors? Are the proposed design/build costs reasonable and competitive? 2.0 Construction Do the referenced projects reflect Performance favorably in respect to completion within the contract schedule, cost and number of change orders and claims? 2.0 Assigned Project Does the proposed team have the Team necessary skills and experience to fulfill the requirements of the project? Is the key staff available to do the work? 1.0 Safety Record OSHA Illness/Injury Rate, OSHA Lost Work Day Incidence Rate and Workman's Comp Experience Modification Rate Insurance multiplier. 1.0 Firm Experience Has the firm worked on projects similar in Design/Build scope to this project? Has partnering been used as a basis in design and construction of other projects? Was this work of high quality in nature? 1.0 Motivation Has the firm shown an interest in work and a commitment to the successful completion of the project? Can the target com letion date be met? F. REFERENCE EVALUATION (TOP RANKED TEAM) The Project Manager will check references of the top ranked firms using the following criteria. The evaluation will be labeled Satisfactory/Unsatisfactory. Qualification Standard Overall Performance Would you hire this designer or builder again? Did they have the skills required by the project? Timetable Was the original scope of work completed within the specified time? Were interim deadlines met in a timely manner? Professionalism Was the professional responsive to client needs? Did the professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original scope of work completed within the project budget? Quality Was the project functional upon completion and did it operate properly? Did the project meet or exceed the client objectives and needs? An Evaluation Committee comprised of personnel from any or all of the following departments will evaluate all submitted proposals. Natural Resources Department Purchasing Department Operations Services—PMPD Other designated City or community representatives. N G.CONTRACT THIS AGREEMENT is dated of the day of , 200_ by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter called OWNER) and a [fill in entity form and state of formation] (hereinafter called DESIGN/BUILDER). OWNER AND DESIGN/BUILDER, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK 1.01 DESIGN/BUILDER shall complete all Work as specified or indicated in the Owner- Design/Builder Contract Documents, as set forth in Section 12.01. The Work is generally described as follows: design and construction of a located Article 2. THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as the design and construction of a Article 3. CONTRACT TIMES 3.01 Days to Achieve Substantial Completion and Final Payment The Work will be substantially completed within days after the date when the Contract Times commence to run as provided in paragraph 2.02.A of the General Conditions and completed and ready for final payment in accordance with paragraph 13.08 of the General Conditions within days after the date when the Contract Times commence to run. 3.02 Liquidated Damages A. DESIGN/BUILDER and OWNER recognize that time is of the essence of the Agreement and the OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.01 above, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. The parties also recognize the delays, expenses and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and DESIGN/BUILDER agree that as liquidated damages for delay (but not as a penalty) DESIGN/BUILDER shall pay OWNER Thousand Dollars ($ ,000.00) for each day that expires after the time specified in paragraph 3.01 for Substantial Completion until the Work is substantially complete. 10 Article 4. CONTRACT PRICE 4.01 OWNER shall pay DESIGN/BUILDER for completion of the Work in accordance with the Contract Documents a sum equal to the Cost of the Work plus a DESIGN/BUILDER's Fee for overhead and profit, both of which shall be determined as provided below. Article 5. COST OF THE WORK 5.01 Cost of the Work shall be determined as provided in paragraphs 10.0 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. DESIGN/BUILDER'S FEE 6.01 The DESIGN/BUILDER's Fee shall be determined as follows: A. A fixed fee of $ which shall be subject to increases or decreases for changes in the Work as provided in paragraph 8.01 below. B. No fee shall be paid for costs listed in paragraph 10.01.13 of the General Conditions. C. DESIGN/BUILDER guarantees that the maximum amount payable by OWNER in accordance with this paragraph 6.01 as a percentage fee will not exceed $ subject to increases or decreases for changes in the Work as provided in paragraph 8.01 below. Article 7. GUARANTEED MAXIMUM PRICE 7.01 DESIGN/BUILDER guarantees that the maximum obligation of OWNER for the sum of the Cost of the Work plus the DESIGN/BUILDER's Fee will not exceed $ (the "GMP") subject to increases or decreases for changes in the Work. Any unused contingency shall be shared as provided in Paragraph 7.02. 7.02 In the event that the Cost of the Work plus the DESIGN/BUILDER'S Fee shall be less than the GMP, as adjusted by Change Orders, the resulting Savings shall be shared by the OWNER and the DESIGN/BUILDER 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. 11 Article 8. CHANGES IN THE WORK 8.01 The amount of any increases or decreases in the DESIGN/BUILDER'S Fee or in any Guaranteed Maximum Price or Fee which results from a Change Order shall be set forth in the applicable Change Order subject to the following: A. Any increase or decrease in the DESIGN/BUILDER's Fee resulting from net additions or decreases in the Cost of the Work shall be determined in accordance with paragraph 11.01.0 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 DESIGN/BUILDER shall submit and OWNER will process Applications for Payment in accordance with Article 13 of the General Conditions. Applications for Payment will indicate the amount of the DESIGN/BUILDER's Fee then payable. A. Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of DESIGN/BUILDER's Applications for Payment, on or about the 15th day of each month during performance of the Work as provided in paragraphs 9.0I.A. I and A.2 below. All such payments will be subject to the limitations of any Guaranteed Maximum Price or DESIGN/BUILDER'S Fee and will be measured by the acceptable Schedule of Values established in paragraph 2.06 of the General Conditions (and in the case of Unit Price Work based on the number of units completed). For Cost of Work: Progress payments on account of the Cost of the Work will be made as follows: a. Prior to Substantial Completion, in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as OWNER may withhold in accordance with paragraph 13.03.13 of the General Conditions. (1) 90 percent of Cost of the Work completed (with the balance being retainage). If the Work has been 50% completed as determined by OWNER, and if the character and progress of the Work have been satisfactory to OWNER, OWNER may detennine 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 12 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 13.03.13 of the General Conditions. 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 DESIGN/BUILDER'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 12.0l .A through J but excluding the documents described in paragraph 12.01.K and the other related data identified in the Request for Proposals. B. DESIGN/BUILDER 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, perfonnance 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. 13 Bobcat Ridge Trail Design and Construction Questions 1. If we need to visit the site other than this afternoon, can we do so before the proposals are due? Yes, but you must contact Karen Manci (970-221-6310) so that she can notify Natural Areas rangers and other staff that you will be visiting the site on a specific day for a specific time period. 2. What type of licensing is required for this job? None that we are aware of. 3. Bonding for different phases. Example: In Phase I for the first year is design and construction added together and bonded that year? Then you have Phase 11 price; will that be bonded later or at the same time as Phase I? Each phase will have its own contract and the awarded Trail Contractor will be required to provide payment and performance bonds with each phase of work. 4. Is Cultural Survey independent of this RFP? Yes. City will be hiring separate personnel/contractor for this, but Trail Contractor needs to notify City if an obvious pre -historical or historical artifact is encountered in the field during the design or construction phase so the cultural professionals can be brought in. 5. Is the ADA standard need to be the standard grade used for hard surface trails? Ideally, the standard would be ADA grade for hard surfaces, but that may not be possible due to terrain, destruction of habitat to meet grade, or costs to City and the Trail Contractor may have to propose a more challenging grade. We are really looking for a Trail Contractor that can provide expertise and recommendations in this area for our particular situation on Phase I. 6. Will improvements to the county road be done by others? Yes. That is not a part of the Trails RFP. 7. Will ATV access be allowed? Yes. The ranchers that are currently leasing the site use ATV's on and off -roads and pick-up trucks on the roads. 8. Is Phase 2 and 3 Forest Service Ease ment/CategoricaI Exclusion the responsibility of the Trails Contractor? No. City Staff is working with the Forest Service to obtain the Easement/Categorical Exclusion. F. DESIGN/BUILDER has correlated the information known to DESIGN/BUILDER, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. G. DESIGN/BUILDER has given OWNER written notice of all conflicts, errors, ambiguities or discrepancies that DESIGN/BUILDER has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to DESIGN/BUILDER, and the Contract Documents and the written resolution thereofby OWNER is acceptable to DESIGN/BUILDER, 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 DESIGN/BUILDER'S records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to the Cost of Work and DESIGN/BUILDER'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 , inclusive). B. Exhibits to this Agreement (pages to , inclusive). C. OWNER's Request for Proposal No. P_, along with Conceptual Documents identified therein. D. DESIGN/BUILDER's Proposal in Response to OWNER's Request for Proposal No. P E. Notices to Proceed. F. Performance, payment, and other Bonds, identified as Section 00600 and consisting of `pages. G. Standard General Conditions of the Contract Between Owner and Design/Builder (pages one to thirty-four, inclusive). 14 H. Supplementary Conditions (pages to , inclusive). I. Addenda numbers through inclusive. J. Other Documentation submitted by DESIGN/BUILDER prior to Notice of Award (pages to , inclusive). K. The following, which may be delivered, prepared or issued after the Effective Date of this Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04.A of the General Conditions. 2. Specifications as defined in Paragraph 1.0l.A.40 of the General Conditions. 3. Drawings as defined in Paragraph 1.01.A.18 of the General Conditions. 12.02 The documents listed in paragraph 12.01 above are attached to this Agreement (except as otherwise expressly noted). 12.03 There are no Contract Documents other than those listed above in this Article 12. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04.A of the General Conditions. 12.04 In the case of any irreconcilable ambiguity, inconsistency or conflict between DESIGN/BUILDER'S Proposal (Section 12.01.13) and the Request for Proposal (Section 12.0l.C), the terms of the Proposal shall be controlling. In the case of any irreconcilable ambiguity, inconsistency or conflict among the Contract Documents listed in Section 12.01, the documents listed in Section 12.0I X shall govern, and in the case of any irreconcilable ambiguity, inconsistency or conflict among the documents listed in Section 12.01.K, the documents listed in Sections 12.01.K.1, Section 12.01.K.2, and Section 12.0LK.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 15 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 be valid and binding upon OWNER and DESIGN/BUILDER, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 13.06 The Contract Documents shall constitute public records under the Colorado Public Records Act, and shall be available for public review upon request, except for the Audited Financial Statement of DESIGN/BUILDER included in DESIGN/BUILDER'S Proposal. IN WITNESS WHEREOF, OWNER and DESIGN/BUILDER have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and DESIGN/BUILDER. All portions of the Contract Documents have been signed, initiated or identified by OWNER and DESIGN/BUILDER. This Agreement will be effective on 200_. 16 OWNER: CITY OF FORT COLLINS DESIGN/BUILDER: 10 IIn Darin Atteberry City Manager James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: ATTEST: City Clerk Address for giving notices: PO Box 580 Fort Collins, CO 80522 APPROVED AS TO FORM: Assistant City Attorney By:_ Name: Title: Date: [CORPORATE SEAL] ATTEST: Address for giving notices: License No. (If DESIGN/BUILDER is a corporation, attach evidence of authority to sign.) 17 Designated Representative: Name: Title: Address: Phone: Facsimile: Designated Representative: Name: Title: Address: Phone: Facsimile: ATTACHMENTS: 1. Conceptual Trails Plan 2. Soils Map 3. EJCDC (which will become part of the Agreement) 19 Bobvil [tire, Natural Area Cunceptuji -traits Plan 1 Z4 ct%c - 11 0.15 1, NN" Bobcat Ridge Natural Area - Soils Map Miles 0.25 0.5 21 Legend Map Unit Number, Soil Name 12, Baller-Rock Outcrop complex. 15 to 45 percent slopes ® 20. Breece coarse sandy loam, 9 to 30 percent slopes 21, Camera loam, 3 to 9 percent slopes 24. Connerton-Barnum complex, 0 to 3 percent slopes 25, Conn. rton- Barnum complex. 3 to 9 percent slopes ® 30, Elbeth-Moen hams. 5 to 30 percent slopes Aa1F' 43. Haploborolls-Rock Outcrop complex, Steep 44. Haplustolls. Hilly 45. Haplustolls-Rock Outcrop complex. Steep 46. Harlan fine sandy loam, 1 to 3 percent slopes 47. Harlan fine sandy loam. 3 to 9 percent slopes 57, Kirtlay loam. 3 to 9 percent slopes 58. Kirtlay-Purner complex. 5 to 20 percent slopes 60, Lenin gravelly sandy loam, 5 to 40 percent slopes ^e na ate- J 74. Nunn clay loam. 1 to 3 percent slopes 75. Nunn clay loam, 3 to 5 percent slopes 81. Paoli fine sandy loam. 0 to 1 percent slopes +` 84, Poudre fine sandy loam. 0 to 1 percent slope 85, Purner fine sandy loam. 1 to 9 percent slopes 86, Purner-Rock Outcrop complex, 10 to 50 percent slopes ® 87. Ratake-Rock Outcrop complex. 25 to 55 percent slopes 93. Rock Outcrop 95. Satanta loam, 1 to 3 percent slopes 96, Satanta loam, 3 to 5 percent slopes 112, Trag-Moen complex. 5 to 30 percent slopes 116. Wetmore -Boyle -Moen complex. 5 to 40 percent slopes 117, Wetmore -Boyle -Rock Outcrop complex. 5 to 60 percent slopes 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 A C National Society of Professional Engineers < Professional Engineers in Private Practice ASCE' American Society of Civil Engineers 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 E.ICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright a)2002 National Society of Professional Engineers for GICDC All rights reserved. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design Builder Copyright 51'�2002 National Society of Professional Engineers for EJC'DC. All rights reserved. Bobcat Ridge Trail Design and Construction Questions (cont.) 9. Does the Forest Service have their design standards on their Website? The U.S. Forest Service has cooperated with the U.S. Department of Transportation to produce some very useful trail construction publications. These are available on the DOT WEBsite: http://www.fhwa.dot.pov/environment/rectrails/trailpub htm. Also attached to this addendum is the "TRAILS MANAGEMENT HANDBOOK" received from Roosevelt NF staff. 10. Is Trails Contractor responsible for contacts/permits with the Corps of Engineers? Are they aware of the project? Trails Contractor is responsible for contacting Corps of Engineers and obtaining any necessary permits/approvals. Contact person is Terry McKee, U. S. Army Corps of Engineers, Denver Regulatory Office, 9307 South Wadsworth Blvd., Littleton, CO 80128- 6901, Phone (303) 979-4120. The City has not contacted Terry regarding the Bobcat Ridge Trails Project. 11. Will there be neighborhood reviews? What is involved in Natural Resources Advisory Board (NRAB) reviews? The neighbors, general public, and NRAB have commented on the conceptual trail plan through the development of the Bobcat Ridge Natural Area Management Plan. Natural Areas staff and the Trails Committee of the NRAB will review the layout and design of the trail, which will include a field visit with the Trails Contractor for each phase, once the trail has been staked out in the field. Natural Areas staff has final approval of the trail location; NRAB provides comments to staff. 12. Do foot bridges need to accommodate vehicle use? No, but they need to accommodate horses 13. What is the anticipated trail use and size? The RFP lists the use types for each phase (e.g., hikers, equestrians, bikers). The parking lot will be designed for 25 cars and 6 horse trailers, with a possible expansion of the parking lot to 50 cars in the future; there will be some additional use by neighbors accessing the site, but not a lot. Trail Contractors need to submit opinions of design based on their experience with trail use/size given this information. 14. We do not normally estimate trail costs by square footage. Would be better for us to provide a cost per linear foot for a 2', 4', 5', and ADA trail instead. Change costs from per square foot to per lineal foot. 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 ©2002 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 FIC'D(D-700 Standaid Cenral Conditions of the Contract Between Owner and Des ign'Builder ('npyright n 2002 National Society of Professional Engineers for EI('DC'. All rights reserved. TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY.................................................................................................................... 1 1.01 Defined Terms....................................................................................................................................................................... 1 1.02 Terminologv..........................................................................................................................................................................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 ne.. e of-------Itogymen Use of Design Materials...................................................................................................................... 6 3.06 Electronic Data...................................................................................................................................................................... 7 ARTICLE 4 - AVAILABILITY OF LANDS• DIFFFRr�T6 SITIE SUBSURFACE AND PHYSICAL CONDITIONS• REFERENCE POINTS; HAZARDOUS ENVIRONMENTAL CONDITIONS............................................................................... 7 4.01 Availability of Lands............................................................................................................................................................. 7 4.02 n:F o_: c:.o Q,..,a:.:,.. Subsurface and Physical Conditions............................................................................................. 7 4.03 Reference Points.................................................................................................................................................................... 9 4.04 Hazardous Enviremnertal Condition at one Asbestos PCBs Petroleum Hazardous Waste or Radioactive Material....... 10 ARTICLE5 - BONDS AND INSURANCE.................................................................................................................................... 10 5.01 Performance. Payment and Other Bonds............................................................................................................................. 11 5.02 Licensed Sureties and Insurers............................................................................................................................................ I 1 5.03 Certificates of Insurance...................................................................................................................................................... 11 5.04 Design/Builder's Liability Insurance.................................................................................................................................... 11 5.05 Owner's Liability Insurance................................................................................................................................................. 12 5.06 Yffoperiv 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...............................................................................................................6.6.................. 15 6.05 Progress Schedule................................................................................................................................................................ 16 6.06 Concerning Subcontractors Suppliers and Others.............................................................................................4...............4 16 6.07 Patent Fees and Royalties...............................................................................................................................4.4...........4...... 16 6.08 Permits..........................................................................................................................................................4.6.................... 17 6.09 Laws or Regulations....................................................................................................................................4.4........4.4.......... 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.............................................................................................................................4.............4.............. 18 6.15 Hazard Communication Programs...............................................................................................................6.............6......... 18 6.16 Emergencies...............................................................................................................................................4.............4.4........ 18 6.17 Submittals............................................................................................................................................................................19 6.18 Continuing the Work..... ........... 4 ....................................... 4 ......... 4.4 ....................... 4.4 ............ 4.4 ............ 6 ......... 4.4 ............. 4.4 .... 19 6.19 Post -Construction Phase... ...................................... 6 ............. 4 ........ ............. 4.4 ........... 4.6 ............ 6.6 ...................... 4 ............... 19 6.20 Design/Builder's General Warranty and Guarantee................................................................................4.4.......................... 19 F_ICDC D-700 Standard General Conditions of the Contract Between Owner and Design Builder ('opyright� 2002 National Society of PrntessionaI Engineers for EKDC. All rights reserved. Includes City of Fort Collins modifications dated 09.2004 6.21 Indemnification.................................................................................................................................................................... 19 6.22 Survival of Obligations ............... ......... ............. ...... ............ ..................................................................... ....... .... .... ....... ..._.20 ARTICLE 7 - 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............................................................................................................................................................................. 21 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................................................................................................................................................................ 22 9.06 Effect of Change Orders_......................................................_...................._....................._..............._......................_...... 23 ARTICLE 10 - COST OF THE WORK: CASH ALLOWANCES; UNIT PRICE WORK............................................................ 23 10.01 Cost of the Work............................................................................................................................................................... 23 10.02 Cash Allowances............................................................................................................................................................... 25 10.03 Unit Prices......................................................................................................................................................................... 25 ARTICLE I 1 - 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 Design/Builder's Warranty ofTitle....................................................................................................................................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 Mav 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 ARTICLE 15 - DISPUTE RESOLUTION...................................................................................................................................... 33 ARTICLE16 -MISCELLANEOUS ............................................................................................................................................... 33 16.01 Giving Notice.................................................................................................................................................................... 33 16.02 ComDutation of Times .......................................................................................................................................................33 E.ICDC D-700 Standard General Conditions of the Contract Between Owner and Desiga/Builder Copyright h72002 National Society of Professional Engineers for E.ICDC. All rights ieserved. Includes City of Fort Collins modifications dated 09.'2004 16.03 Cumulative Remedies........................................................................................................................................................ 33 16,04 Survival of Obligations...................................................................................................................................................... 34 16.05 Controlling Law................................................................................................................................................................. 34 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design%Builder C'.opyright tit2002 National Society of Professional Engineers for E3CDC. All rights reserved. Includes City of Fort Collins modifications dated 092004 STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGN/BUILDER ARTICLE 1- 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 opening 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 moment, 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-Anvand 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 Design/Builder specifically to discharge its duties under the Contract. Documents. C-.ICDC D-700 standard General Conditions of the Contract Between Owner and Design/Builder Copyright v2002 National society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 1 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; Claims, but 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. Legal 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 - Polychlorinated biphenyls. 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. Regular Working Hours- 7:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise specified in the Contract Documents. E.ICDC D-700 standard General Conditions of the Contract Between Owner and Design Builder Copyright n �2002 Notional Society of Professional Engineers tar EICDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 2 36. Request for Proposals - The document prepared by or for Owner specifying and describing Owner's objectives and the procedure to be followed in preparing and submitting a Proposal and awarding a contract. 37. 'Resident Project Representative -The authorized representative of Owner who may be assigned to the Site or any part thereof. 37a. Samples - Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work 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 furnish any of the following services or materials: electricity, Gases, steam, licLuid petroleum Products, telephone or other communications, cable television, 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: EICDC D-700 Standard General Conditions of the Contract Between Owner and DesigldBoilder Copyright (,)2002 National Society of Professional Engineers for EICDC. All rights reserved. Includes City of Fort Collins modifications dated 09,2004 3 1. The word "day" 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 it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to Owner's final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion) 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 equipment 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 equipment, 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-known technical or constriction 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, Design/Builder 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 agreed to i writing by ll.J:ner and Pesigr �BuildeY rite Contr"ae Timeninetieth a,ill s e to latef than the�tie a fte func �r the last day for reeeipt of the Proposal Rr the thirtieth day aLie« the E ff etiye Date of the Agreement, .. hieheyer date : earlier. 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 Design/Builder may discover and shall obtain a written interpretation or clarification from Owner before proceeding with any Work affected thereby; however, Design/Builder shall not be liable to Owner for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Design/Builder knew or reasonably should have known thereof. 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 Dreliminary 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 EICDC D-700 Standard General Conditions of the Contract Between Owner and Desiga/Builder Copyright a)2002 National Society or Professional Engineers for EICDC. All rights reserved Includes City of Fort Collins modifications dated 092004 4 detail to serve as the basis for progress payments 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 performance- C. Evidence oflnsurance: Before any Work at the Site is started, Design/Builder and Owner shall each dediver to the- «ehase and maintain in @Fla ce with ArtiGle c shall deliver to Owner certificates of insurance (and other evidence of insurance requested by Owner) which Design/Builder is ree wired 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.B, 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 DesignBuilder, Owner and others as appropriate to review for acceptability the schedules submitted in accordance with paragraph 2.04.13. 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 2.04.13. 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 responsibility for the progress schedule, far sequencing, scheduling or progress of the Work nor interfere with nor relieve Design/Builder from Design/Builder's full responsibilitv therefor. 2. Design/Builder's 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. EXDC D-700 Standard General Conditions of the Contract Between Owner and Design%Builder Copyright a�2002 National Socie(y of Professional Engineers for E1CDC'. All rights reserved. Includes City of Fort Collins modifications dated 092004 5 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 implication, shall mean the latest standard, specification, manual, code, or Laws or Regulations in effect on the last day for receipt of Proposals except as may be otherwise specifically stated in the Contract Documents. 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 authorityto o supervise or direct the furnishing or performance of the Work or any duty or authoritv 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 6.17.13. 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 Regulation). 3. In the event of conflicting or ambi uous provisions within the Contract Documents, specifications will take precedence over the drawings and addenda will take precedence over both. Notwithstanding the foregoing, the more specific provision will take precedence over the less specific; the more stringent will take precedence over the less stringent; the more expensive item will take precedence over the less expensive. On all drawings, figures take precedence over scaled dimensions. Scaling of dimensions, if done, is done at the Design/Builder's own risk. C. If, during the performance of the Work, Design/Builder discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to inparagraph 3.03.13, Design/Builder shall report it to Owner in writing at once, and Design/Builder shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.16) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04.A; provided, however, that Design/Builder shall not be liable to Owner for failure to report any such conflict, error, ambiguity, or discrepancy unless Design/Builder knew or reasonabiv 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: I. Owner's approval of required Submittals (pursuant to paragraph 6.17.B); 2. A Work Change Directive; 3. A Change Order; 4. A Field Order; 5. A formal Written Amendment. 3.05 Reuse of Doeume Use of DK, Materials A. All documents including Drawings and Specifications prepared or hlrnished 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 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Desigti Builder Copyright a>2002 National Society of hofessionaI Engineers for E.ICDC. All rights reserved Includes City of Fort Collins modifications dated 09/2004 6 Bobcat Ridge Trail Design and Construction Questions (cont.) 15. We do not estimate costs of tree felling for user safety by dbh; we use cost of tree felling per mile of trail to achieve safety standards. Change costs from per tree to per lineal mile. 16. Do you need a GIS compatible trail alignment for more than just the final, as built trail? No, just the final needs to be GIS compatible, but you'll need to have some type of map showing the proposed "flagged out" trail to present to staff and the NRAB. 17. Normally, the cost for a switchback is per switchback. Is that what you want for this RFP? We will not know the total number of switchbacks necessary until the design is completed. Please provide the cost per switchback. 18. For stream crossings, you state that you do not want culverts, which are much less expensive than bridges. Is that true? Yes. Our preference is for bridges. Some of our staff is opposed to culverts, but other alternatives can be proposed for staff review. 19. For stream crossings, what hydraulic model do you want us to use? For example, ability to pass a 20-year flood? We want you to use your expertise with these types of trail crossings in similar types of drainages. We did not anticipate that you would be doing any complex hydraulic modeling and do not have a specific year flood flow. 20. Because this project could possibly be extended (e.g., if it takes longer than anticipated to get the Forest Service Easement), will there be an inflation index added above the estimate that we provide today in 2005? If contract is delayed by the Owner one year beyond the finish date, the cost extension may use the Denver -Boulder CPI as a guide. 21. Do you have a current grazing plan? No. We will be hiring a Land Manager in April and one of his first duties will be to develop a grazing plan for Bobcat Ridge Natural Area. For your proposal, you need to provide a cost per gate, assuming, for now, that it will be necessary to have some gates that allow users to pass through cattle fences. Then the Trail Contractor will have to work with the Land Manager on the design for the trail incorporating proposed grazing plan. 22. Can the draft Bobcat Ridge Natural Area Management Plan be made available to us now? Yes, attached to this addendum is the "draft Bobcat Ridge Natural Area Management Plan ". adaptation will entitle Design/Builder to further compensation at rates to be agreed upon by Owner and Design/Builder. The Owner shall have unlimited rights to copy and use in connection with the Project all Design Materials, including the right to use same on the Proiect at no additional cost to the Owner, regardless of degree of completion, provided that said services performed have been fully paid for as required by the terms of this Agreement. The Design/Builder agrees to and does herby grant to the Owner and any assignee or successor of the Owner as owner of the Project 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 Design/Builder, as part 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 Design/Builder, 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 expert'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; DIFFERING SIDE 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 FJCDC D-700 Standard General Conditions of the Contact Between owner and Desigty Builder Copyright ai2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09'2004 7 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 Differing Site Conditions Subsurface and Physical Conditions 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/Builder'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 Design/Builder 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 Design/BuilderAuthorized; Technical Data: Design/Builder may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Request for Proposals or in these Supplementary Conditions. Except for such reliance on such "technical data", Design/Builder may not rely upon or make any claim against Owner, with respect to: (i) the completeness of such reports and drawings for Design/Builder's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Design/Builder and safety precautions and programs incident thereto, or (ii) other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or (iii) any Design/Builder interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. C. Notice of Differing Subsurface or Physical Conditions: If Design/Builder believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 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 4.02.13 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; E.ICDC D-700 Standard General Conditions of the Contract Between owner and Desigo fluilder Copyright cV2002 National Society of Professional Engineers for E.ICDC. All lights rese wed. Includes City of Fort Collins modifications dated 092004 8 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. 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: I . 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 E.ICDC D-700 Standard General Conditions of the Contract Between Owner and DesigniBuilder Copyright fl92002 National Society of Professional Engineers for E.ICDC, All rights reserved Includes City of Fort Collins modifications dated 09,2004 9 unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, Design/Builder may make a claim therefor as provided in Articles 10 and 11. However, Owner shall not be liable to Design/Builder for any claims, costs, losses or damages incurred or sustained by Design/Builder on or in connection with any other project or anticipated project. 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 8.0l.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 Environmental Condition at Site 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 responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site unless such substance or material should have been ascertained by Design/Builder in accordance with paragraph 4.02.0 5 OWNER shall not be responsible for any such materials brought to the site, managed, stored, or disposed of by Design/Builder Subcontractors, Suppliers, or anyone else for whom Design/Builder is responsible.. 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 belief 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 EICDC D-700 Standard General Conditions of the Contract Between Owner and Desigirutalder Copyright (�)2002 National Society of Professional Engineers for E.1CDC. All rights reserved. Includes City of Fort Collins modifications dated 09,2004 10 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 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/Builder's 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 5.0 LB and 5.02, Design/Builder shall within twenty ten 10 days thereafter substitute another Bond and surety, both of which shall comply with the requirementse f paragraph-s 5.01�-or.13 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. n_,,.ner shall deliver to r,esign/Builde_ with ,.opie., to o..c additional insured indicated in the Supplementary Coed eeftifip—ales r insuranoe (and other evidenee f. nsurane requested by De..igub/Bui de. , aiiy the_ additional red) whieh Owner is requifed to purehase and maintain. 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/Builder's 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: 1. Claims under workers' compensation, disability benefits and other similar employee benefit acts; 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Design/Builder's employees; 3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Design/Builder's employees; 4. Claims for damages insured by reasonably available personal injury 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 person for any other reason; 5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. E.ICDC D-700 Standard General Conditions of the Conuict Between Owner and DesigrVBuilder Copyright (� )2002 National Society of Professional Engineers for E.ICDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 11 B. The policies of insurance required by paragraph 5.04.A shall: 1. With respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, 5.04 B.3 and-5--.04-.G (subiect 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 who shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, and employees, agents, and other consultants and subcontractors of each and anv of all such additional insureds, and the insurance afforded to these additional insureds shall rovide primary coverage for all claims covered therebv; 2. Include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 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.I and 5.04.A.2: Coverage A Statutory limits; Coverage B -- $100,000/ $100,000/ $500.000. 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.B.3: This policy will include completed operations coverage / product liability coverage with limits of $1,000,000 combined single limits (CSL). This policy shall also include an Umbrella Excess Liability as follows: General liability and automobile liability insurance in an amount not less than $1,000,000 per occurrence in excess of the above stated primary limits. For paragraph 5.02.C: The Professional Liability Errors & Omissions policy will have limits of $5,000,000. 3. Include completed operations insurance: certificates of insurance furnished by the Design/Builder pursuant to paragraph 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 years after final payment (and Design/Builder shall furnish Owner and each other additional insured indicated in the Supplementary 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. DesiQn/Builder's Professional Liability Errors & Omissions Insurance. Design/Builder shall purchase and maintain such Professional Liability Errors & Omissions insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims which may arise out of or result from Design/Builder's performance and furnishing of the Work and Design/Builder's other obligations under the Contract Documents, whether it is to be performed or furnished by Design/Builder, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them maybe 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 Rreperty Builders Risk Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property 4. Include contractual liability insurance covering insurance upon the Construction at the Site in the amount of the Design/Builder' full replacement cost thereof (subject to such deductible amounts 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 as may be provided in the Supplementary Conditions or required by Laws or Regulations). This insurance will: I. Include the interests of Owner, Owner's Consultant, Design/Builder, Subcontractors, and an other ther individuals or entities indicated in the Supplementary Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each EICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright (1)2002 National Society of Professional Engineers for E.ICDC. All rights reserved. Includes City of Foil Collins modifications dated 09: 2004 12 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 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 approved 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 payment is 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 insurance 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 Design/Builder, 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 borne 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 purchaser's 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 Design/Builder 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: EJCDC D-700 Standard General Conditions of the Conti act Between Owner and Design Builder Copyright fn2002 National Society of Professional Engineers for E.ICDC All rights reserved. Includes City of Fort Collins modifications dated 09/2004 13 I. Loss due to business interruption, loss ofuse, or other consequential loss extending beyond direct physical loss or damage to Owner's property caused by, arising of or resulting from fire or other peril whether or not insured by Owner; and 2. Loss or damage to the completed Project 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 Project or part thereof by Owner during partial utilization pursuant to paragraph 13.06, after Substantial 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 5.07.13 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 5.08.13. 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 and if required :. Writing bT'-any party=in interest, Owner as dueia;y�g;�.. bond fortheroperpefg_., .anee,.e 91;o.,h dut: -ems: 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Pesig;%ceder has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by thean-other pai4j Design/Builder in accordance with Article 5 on the basis of their not complying with the Contract Documents, the objecting pai4y Owner shall so notify the ather par'T Design/Builder in writing within ten fifteen (15) days after receipt of the certificates (or other evidence requested) required by paragraph 2.04.C. Owner and n ..m :ue_ hall , eh :�ena�t�n:reeerr�sn:�ern.+.rsn+e++ar. 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 Project and review available data; 2. Advise Owner as to the necessity of Owner's providing or obtaining from others additional reports, data, L-.ICDC D-700 Standard General Conditions of the Contract Between Owner and Design'Builder Copyright b02002 National Society of Proressional Engineers for EICDC, All rights reserved. Includes City of Fort Collins modifications dated 09!2004 14 or services of the types provided in Para ra h 8.0l .A.6.a-g and assist Owner in obtaining such reports, data, or services; 3. Identify and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Proiect designed or specified by Design/Builder with whom consultation is to be undertaken in connection with the Project; 4. Obtain such additional geotechnical and related information which it deems necessary for performance of the Work; 5. On the basis of the Conceptual Documents and Design/Builder's Proposal, prepare preliminary design documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Proiect; 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.B. C. Final Design Phase. After written acceptance by Owner of the preliminary design phase documents Design/Builder shall: 1. On the basis of the accepted preliminary Design Phase documents, prepare final Drawings showing the scope, extent, and character of the Construction to be performed and furnished by Design/Builder and Specifications (which will be prepared, where appropriate, in general conformance with the sixteen division format of the Construction Specifications Institute); 2. Provide technical criteria, written descriptions and design data required for obtaining approvals of such governmental authorities as have jurisdiction to review or approve the final design of the Project, and assist Owner in consultations with appropriate authorities; 3. Furnish the above documents, Drawings, and Specifications to and review them with Owner within the 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 the 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 rRegular wWorking hHours, and Design/Builder will not permit overtime work or the performance of Construction on Saturday, Sunday or any ILegal #Holiday without Owner's written consent,.,.hish vil' Hot �e ^ ^^^^I t" withheld. Design/Builder shall submit requests to Owner no less than 48 hours in advance of any Work to be performed on Saturday, Sunday, Legal Holidays, or outside Regular Working Hours. 6.04 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Design/Builder shall furnish or cause to be furnished and assume full responsibility for materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the 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 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Desigm Builder Copyright cp2002 National Society of Professional Engineers for EJCDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 15 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 furnish 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 (or Milestones). Such adjustments will conform generally to the progress schedule then in effect, and will comply with any provisions of the Contract Documents applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 11.02. Such adjustments 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. Design/Builder shall perform not less than 20 percent of the Work with its own forces (that is. without subcontracting). The 20percent 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 Design/Builder is responsible for Design/Builder's 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 any 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 Design/Builder. 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. Whenever alay sue' agreement ;s with a StibcontraeteF Of supplierAd., .--as.aa ••,7,J: «;,.nal :.. ed on •�,nzne prepvi7 insurance .,:aed in paragraph c 06 the agreement between the Dosig JB_uJ1 er andthe Subeentraoter or Supplier will ,. r.tain p fayisions whereby the C..bee..traoter or Supplier waives all p. favisions rr�=err= Y».......... .....r...,�......, ..b......,, _. .,..... ...... ........ ».... quhs.R itr otAr,; of saph and any of them) fee all losses n damages a sed b e of the perils or paiiNp,, „f l..sq a red b5 such ... beie., and an other propeAy in.,..ranoe appl:cable to the as y-rn�cr� anon-nl�prr�no,�sv-ra-.� Work. if the insurers on any sueh polReies regtfire separate �AqliveF 4)n.,.. to be signed by any Subee traeter or e..ppl er De..iga43uilder will obtain the same. 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 E.1CDC D-700 Standard General Conditions of the Contract Between Owner and Desigmti Builder Copyright h72002 National Society of Professional Engineers for UCDC. All rights reserved. Includes City of Fort Collins modifications dated 09: 2004 16 Bobcat Ridge Trail Design and Construction Questions (cont.) 23. Will the site be open before the trail is completed? The site will not open until Phase 1 trail is completed. The public will not be able to access Phase 2 or 3 areas until those trails are completed, so there shouldn't be any conflicts with public users during construction of any of the phases. 24. What are the hours/days of the week that may be worked on the site? You need to provide what hours/days of week you'll be working in your proposal. You should keep in mind noise consideration for the close neighbors for a portion of the Phase / trails. 25. Does 80% of the labor really need to be Colorado residents? Yes. 26. Is an engineers stamp needed for the design? No. The design does not need to be approved by either the City or County Planning Department. 27. Can we have a campsite on the property for our workers? No, that will not be allowed. There are private campsites available in nearby Loveland that are not far from the site. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 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 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 AAgreement. Design/Builder shall pay all charges of utility owners for connections to the Work, and Design/Builder shall pay fees as provided in the Supplemental Conditions. Owner related 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 the Design/Builder shall neither pay nor include in his Proposal, sales and use taxes on those building and construction materials physically incorporated into the project. Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver, 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 damaee 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. EICDC D-700 Standard General Conditions of the Contract Between Owner and Design Builder Copyright (02002 National Society of Professional Engineers for FJCDC. All rights reserved. Includes City of Fort Collins moditications dated 092004 17 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 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 an 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 equipment to be incorporated therein, whether in storage on or off the Site: and 3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation, or replacement in the course of construction. B. 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. Design/Builder 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. E.ICDC D-700 Standard General Conditions of the Contract Between Owner and Des'ignBuilder Copyright 11;2002 National Society of Professional Engineers for E.ICDC. Ali rights reserved. Includes City effort Collins modifications dated W2004 is 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. 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 refining and adjusting 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. Design/Builder warrants and guarantees to Owner that all Constructien Work will be in accordance with the Contract Documents and will not be defective. Design/Builder's 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 Design/Builder, 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 anv 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 occupancy of the Work or any part thereof by Owner; E1CDC D-700 Standard General Conditions of the Contract Belweea Owner and Design/Budder Copyright P i2002 National Society of Professional Engineers tot E.IC DC. All rights reserved, htcludes City of Fort Collins modifications dated 092004 19 sg• 5. Any acceptance by Owner or any failure to do 6. Any review and approval of a Submittal: 7. Any inspection, test or approval by others: or 8. Any correction of defective G'�cm�i 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 Go..stpaetio n 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 onlyto the extent and is caused in whole or in part by any negligent act or omission of Design/Builder, 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 party 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 6.2 LA 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 Design/Builder rior 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 E.ICDC D-700 Standard General Conditions of the Contract Between Owner and Desigm'Builder Copyright 1)2002 National Society of Professional Engineers for E]CDC. All rights reserved. Includes City of Fort Collins modifications dated 09 2004 20 deficiencies in such other work 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 responsibilities 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: 1. 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 agreed upon; 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 Design/Builder that sufficient funds are available and committed for the entire cost of the Proiect. 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 4.0 LA; 6. Furnish to Design/Builder, as required for performance of Design/Builder's Services the following, all of which Design/Builder 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; Property descriptions; d. Zoning, deed, and other land use restrictions; 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 subject 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. E1CDC D-700 Standard General Conditions of the Contract Between Owner and Design�Builde Copyright (E)2002 National Society of Professional Engineers for E.ICDC. All rights reserved. Includes City of roil Collins modifications dated 09f2004 21 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. Owners 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 withiri the general scope of the Contract 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 9.01.A or other occurrence for which the Contract Documents provide that such adjustment(s) may be made, a Claim may be made therefor. Written notice of intent to make such a Claim shall be submitted to the other party promptly and in no event more than 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 9.03.13. 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 9.03.13 and 9.03.0 may be extended by mutual agreement. 9.04 Execution of Change Orders A. Owner and Design/Builder 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 Owner's correction of defective Construction or Work under paragraph 12.09 or (iii) agreed to by the parties; and 2. Changes in the Contract Price or Contract Times which are agreed to by the parties, including anv undisputed sum or amount of time for Work actually performed in accordance with a Work Change 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 Work and adhere to the progress schedule as provided in paragraph 6.18. EICDC D-700 Standaid General Conditions of the Contract Between Owner and DesigtiBui Ider Copyright t02002 National Society of Protessioual Engineers for EICDC. All rights reserved. Includes City of FortCollins modifications dated 09,2004 22 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 employees in the direct employ of Design/Builder in the performance of the Work under schedules of iob classifications agreed upon by Owner and DesignlBuilder. 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 ineluide-,bQ: Abe limited 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 an`t -men benefits, bonuses, sielE—leas, _,—Mti9i; and holiday paj applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or 11-egal hHolidays, shall be included in the above to the extent authorized by Owner. b. Such employees shall also include engineers, engineering technicians, architects, and others provid- ing Design Professional Services. For purposes of this paragraph 10.01.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 incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Design/Builder unless Owner deposits funds with Design/Builder with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and 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 10.0I.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 Design/Builder's 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 furnished under a Design Subagreement. 5. Costs of special consultants (including but not limited to testing laboratories, survevors, attorneys, and accountants) employed for services specifically related to the Work. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright 02002 National Society of Professional Engineers for EICDC. All rights reserved. Includes City of Fort Collins modifications dated 09.'2004 23 6. Supplemental costs including the following items: a. The proportion of necessary transportation, 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 Design/Builder 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/Builder's 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/Builder's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 10.01.A.1, all of which are to be considered administrative costs covered by the Design/Builder's fee. 2. Expenses of Design/Builder's principal and branch offices other than Design/Builder's office at the Site. 3. Any part of Design/Builder's capital expenses, including interest on Design/Builder's capital employed for the Work and charges against 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 10.0I.A. C. Design/Builder's Fee. When all the Work is performed on the basis of cost-plus, Design/Builder's fee shall be as set E.ICDC D-700 Standard General Conditions of the Contract Between Owner and Design'Builder Copyright (1)2002 National Society of Professional Engineers for B.ICDC. All rights reserved. Includes City of Fort Collins modifications dated 09:2004 24 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 10.01.A 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, Design/Builder's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Design/Builder on account of Work covered by allowances, and the Contract Price shall be 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 Design/Builder differs materially and significantly from the estimated quantity of such item indicated in the Contract Documents; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Design/Builder 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 right to add or delete items of the Work or change quantities at Owner's sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twenty-fivepercent 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: 1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 10.03); or 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.01.C.2); or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and agreement E_ICDC D-700 Standard General Conditions of the Contract Between Owner and Design Builder Copyright n)2002 National Society of Professional Engineers for E.ICDC. All rights reserved. Includes City of Fort Collins modifications dated 09 2004 25 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 Design/Builder's Fee for overhead and profit (determined as provided in paragraph 11.01.C1. 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 upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under paragraphs 10.0l.A.l.a and 10.0l.A.2, the Design/Builder's fee shall be 45 three percent; b. For costs incurred under paragraph 10.0l.A.3 10.0l.A.4, 10.0l.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 11.01.C.I and 11.01.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 10.0l.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 Design/Builder'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 1 1.0I.C.2.a through 11.0I.C.2.d, inclusive. f. No fee shall be payable on the basis of costs itemized under paragraphs 10.01.A.5, 10.0l.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 Design/Builder'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/Builder'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 Design/Builder, 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 Design/Builder's sole and exclusive remedy for the delays described in this Paragraph 11.02.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 DesignBuilder. EJC'DC D-700 Standard General Conditions of the Contract Between owner and DestgNBuilder Copyright n02002 National Society of Professional Engineers for EJCDC'. All rights reserved. Includes City of Fort Collins modifications dated 09'2004 26 City of Fort Collins Administrative Services Purchasing Division CITY OF FORT COLLINS ADDENDUM No. 1 P-982 BOBCAT RIDGE NATURAL AREA TRAIL DESIGN & CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS Description of proposal P-982 Bobcat Ridge Natural Area Trail Design & Construction OPENING DATE: Opening Date Changed to April 6, 2005, 3:00p.m. (Our Clock) To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. C. TIMELINE RFP Advertised and Mailed Pre -proposal Meeting: Proposal Due Date: Evaluation of Proposals: Interviews: Contract Negotiations: Award of Contract: Start of Phase I Design: Friday, February 25, 2005 Thursday, March 24, 2005 Wednesday, April 6, 2005 Monday, April 18, 2005 Tuesday, April 26, 2005 Tuesday, May 10, 2005 Thursday, May 12, 2005 Monday, May 16, 2005 If you have any questions please contact John Stephen, CPPO, Senior Buyer, at 970-221-6777. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 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/Builder's Site safety procedures and programs so that they may comply therewith as applicable. 12.03 Tests and Inspections A. If the Contract Documents or Laws or Regulations of any public body having jurisdiction require any part of the Eenstruetien 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 shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's acceptance of materials or equipment to be incorporated in the 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 12.04.13 below shall be paid as provided in said paragraph 12.04.B; 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/Builder's expense. B. If Owner considers it necessary or advisable that covered Construction be observed by Owner or inspected or tested by tiers, 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 claims, costs, losses and damages caused by, arising out of, or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or 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. 12.05 Owner May Stop Construction or Work A. If Construction or Work is defective, or Design/Builder fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform Construction or Work in such a way that the completed Genstpaotien 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 surety or other party. EJCDC'. D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright a)2002 National Society of Professional Engineers for E.IC'DC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 27 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, Design/Builder shall promptly, as directed, either correct all defective Construction or Work, whether 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/Builder shall bear all direct, indirect, and consequential costs of such correction, replacement and/or removal (including but not limited to all claims, costs, losses and damages caused by, arising out of, or resulting from such correction, replacement, and/or removal, and fees and charges of engineers, architects, attorneys and other professionals 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 Design/Builder. 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 areasonable 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 Design/Builder, 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 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, Owners 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 E.ICDC D-700 Standard General Conditions or the Contract Between Owner and DesigtUBuilder Copyright a)2002 National Society of Professional Engineers for E.ICDC. All rights reserved. Includes City of Fort Collins modifications dated 09; 2004 28 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 Design/Builder 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 Design/Builder's 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 farm, 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 beingprocessed 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 Design/Builder. 2. If Owner should fail to pay Design/Builder at the time the payment of any amount becomes due, except 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. EICDC D-700 Standard General Conditions of the Contact Between Owner and Design/Builder Copyright a;2002 National Society of Professional Engineers for EICDC. All rights reserved. Includes City of Fort Collins modifications dated 092004 29 B. Reduction in or Refusal to Make Payment. Ownermay 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 Change Order; or 3. Owner has been required to correct defective Construction or complete Work in accordance with aragraph 12.09.A; or 4. Owner has actual knowledge of the occurrence of any of the events enumerated in paragraphs 13.03.13.1 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 Design/Builder's 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. Design/Builder 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: 1. Owner at any time may request Design/Builder in writing to permit Owner to use or occupy any such part of the Construction which Owner believes to be ready for its intended use and substantially complete. If Design/Builder 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 request Owner to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable EICDC D-700 Standard General Conditions of the Coiniact Between Owner and Design/Builder Copyright co2002 National Society of Professional Engineers for EICDC All rights reserved. Includes City of Foil Collins modifications dated 09'2004 30 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 occupancy of part of the Construction will be accomplished prior to compliance with the requirements of Para rah 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 (as 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; (iii) 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 (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, 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/Builder's 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 Design/Builder 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 Design/Builder's final Application for Payment, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.0l .A, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by 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 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. A waiver of all Claims by Owner against Design/Builder, except Claims arising from unsettled Liens, from defective Construction appearing after final inspection EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright (02002 National Society of Professional Engineers for E1CDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 31 pursuant to paragraph 13.07, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Design/Builder's 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 for use A. Upon Tthe occurrence of any one or more of the following events justifies telimination &r ,..,,,s Owner may terminate this Agreement as provided herein: I . Desigrr/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. Design/Builder's disregard of Laws or Regulations of any public 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 14.02.13, 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 Design/Builder's 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: 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 E.ICDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright C2002 National Society of Professional Engineers for E.ICDC. All rights reserved. Includes City of Foil Collins modifications dated 092004 32 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 Design/Builder, 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/guilder 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 terns 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/Builder's 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. 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 „e6erdanre with tl e'. :: cr.tie , e .cthe u_,.:eGt The laws of E1CDC D-700 Standard General Conditions of the Contract Between Owner and Design'Builder Copyright (,)2002 National Society of Professional Engineers for EICDC. All rights reserved. Includes City of Fort Collins modifications dated 09,2004 33 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 lis pendens is filled with the Owner. At the expiration of such ninety (90) day period, Owner shall pay to Design/Builder such moneys and funds as are not the subject of suit and lis pendens notices, and shall retain only sufficient funds to insure the payment of judgments which may result from the suit. E.ICDC D-700 Standard General Conditions of the Contract Between Owner and Design'Builder Copyright 02002 National Society of Professional Engineers for E.ICDC. All rights reserved. Includes City of Fort Collins modifications dated 09'2004 34 SECTION 00800 SUPPLEMENTARY CONDITIONS SC-4 Differing Site Condition si Subsurface and Physical Conditions ADD the following language in Section 4, Paragraph A.1, Subsurface Conditions: ADD the following language in Section 4, Paragraph A.2.a. Physical Conditions: SC-5 Bonds and Insurance ADD the following language in Section 5.03 Paragraph A.1 Certificates of Insurance Additional Insureds: ADD the following language in Section 5.06 Paragraph A.1-P44op ty Builders Risk Insurance 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). Desian/Builder shall be responsible for the first $10 000 of any insurable loss under this policy. This insurance will: SC-8 Changes in Work ADD the following Paragraph to ARTICLE 8, Paragraph 8.05.13 8.05.B Resident Project Representative The Resident Project Representative deals in matters pertaining to the work. Any such dealings will be with or through the Design/Builder. Dealings with subcontractors will only be through or with the full knowledge and approval of the Design/Builder. Duties and Responsibilities of the Resident Project Representative are: Attend meetings with the Design/Builder such as preconstruction conferences, progress meetings and otherjob conferences. Serve as Owners liaison with Design/Builder working principally through Design/Builders superintendent to assist the Design/Builder in obtaining from OWNER additional details or information, when required, for proper execution of the Work. Advise the Design/Builder of the commencement of any Work pertaining to a Shop Drawing, data, or sample submission which does not meet the Contract Documents. Conduct on -site observations of the Work in progress in determining that the Work is proceeding in accordance with the Contract Documents. Report to the Design/Builders superintendent whenever the Resident Project Representative believes that the Work is unsatisfactory, faulty or defective, does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspections, tests or approvals required to be made; and advise the Owners Representative and Design/Builder when he believes work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project. Consider and evaluate Design/Builder suggestions for modification in Drawings or Specifications and report these recommendations to Owners Representative. Maintain at the Resident Project Representative office orderly files concerning correspondence, reports of job conferences, Shop Drawings, data, and samples, reproductions or original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional drawings issued subsequent to the execution of the Agreement, Design/Builder clarifications and interpretations of the Contract Documents, progress reports and other project documents. Keep a diary, daily report form, or log book, recording hours on the job site, weather conditions, data relative to questions of work directive changes, Change Orders, or changed conditions, list of job site visitors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Report immediately to Owners Representative the occurrence of any accident Review application for payment with Design/Builder for compliance with the established procedure for their submission and will submit to the Owners Representative. Conduct final inspection with the Design/Builder and Owners Representative observe that all items on the final inspection list have been corrected or completed and make recommendations to Owners Representative concerning acceptance. The Resident Project Representative shall not: Authorize any deviations from the Contract Documents or accept any substitute materials or equipment. Exceed limitations of Resident Project Representative authority as set forth in the Contract Documents. Undertake any of the responsibilities of the Design/Builder, Subcontractors, or Design/Builders superintendent. Advise on, or issue directions relative to, or assume control over A any aspect of the means, methods, techniques, sequences or procedures for construction unless such is specifically called for in the Contract Documents. Advise on or issue directions regarding or assume control over safety precautions and programs in connection with the Work. Accept Shop Drawings, data, or samples submittals from anyone other than the Design/Buildei REQUEST FOR PROPOSAL P-982 BOBCAT RIDGE NATURAL AREA -TRAIL DESIGN AND CONSTRUCTION The City of Fort Collins is seeking qualifications and the best possible combination of design and construction services for the Trail Design and Construction for Bobcat Ridge Natural Area. Written proposals, six (6) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason Avenue, Fort Collins, Colorado 80521. Proposals will be received before 3:OOpm (our clock) March 24, 2005, Proposal No. P 982. The City desires that proposing team/s (or members) have experience on trail projects of similar scope and size, and have had some experience on design -build projects within the last five years. No telephone communications regarding the scope of the project will be answered. City of Fort Collins' staff will not hold individual meetings with any prospective proposers. Questions concerning the scope of the proposal must be submitted in writing by March 16, 2005 and directed to John Stephen, CPPO, Senior Buyer by e-mail at jstephen(cDfcgov.com or 970-221-6777. 1. A pre -proposal meeting will be held on March 11, 2005, at 10:OOam, at 215 North Mason Street in the Community Room. It is HIGHLY ADVISABLE that all proposers plan to attend. A tour of the site will follow. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, Q ames B. O'Neill II, CPPO, FNIGP r of Purchasing & Risk Management 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 10.01.A and 10.01.11, 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 Design/Builder's costs for unloading and handling on the Site, labor, installation costs overhead profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional pavment on account of any of the foregoing will be valid B. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Design/Builder on account of Work covered by allowances, and the Contract Price shall be 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 corresponding adjustment with respect to any other item of Work• and 3. Design/Builder 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 right to add or delete items of the Work or change quantities at Owner's sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twenty-five percent of the estimated quantity 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: 1. Where the Work involved is covered by unit prices contained in the Contract Documents by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 10 03)• or 2. Where the Work involved is not covered by unit Prices contained in the Contract Documents by a mutually agreed payment basis including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11 01 C 2)• or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and agreement E.ICDC D-700 Standard General Conditions of the Contract Between Owner and Desigiv Builder Copyright v2002 National Society of Professional Engineers for E.ICDC. All rights reserved. Includes City of Fort Collins modifications dated 09/2004 25 P-982 BOBCAT RIDGE NATURAL AREA -TRAIL DESIGN AND CONSTRUCTION A. Project Description 1. General Information Bobcat Ridge Natural Area, located at 8429 West County Road 32C, Loveland, Colorado,encompasses 2,600 acres of foothills grassland, shrubland, and ponderosa pine/Douglas fir forest. The site is located west of Masonville, Colorado, and ranges from 5000- to 7200-foot elevations. Portions of the site are adjacent to Roosevelt National Forest. There are also three separate in -holdings totaling 160 acres owned and managed by the U.S. Forest Service (USFS). The Bobcat Fire of 2000 burned about 2/3 of the forest on the site. Currently, Bobcat Ridge Natural Area is leased for cattle grazing and crop production (hay and alfalfa) and contains four steep, degraded ranch roads that run from lower to higher elevation. The site supports a diversity of wildlife species, including elk, mule deer, bobcat, mountain lion, black bear, turkey, blue grouse, coyote, red-tailed hawk, golden eagle, and rattlesnake. Bobcat Ridge also contains several known historical and pre- historical sites, including tipi rings. Approximately 16 miles of hiking, biking and horseback riding trails will need to be constructed over the next 2-3 years. In some areas, portions of two -track ranch roads may be suitable for trail construction. Two trail sections from lower to higher elevations will require easements from the USFS. Easements have not been obtained as of February 2005 and will require an Environment Assessment that will likely delay design and construction of those trail sections until summer 2006 or later. The City of Fort Collins is requesting that qualified trail contractors submit a description of qualifications, key persons, references, a general approach to the project, detailed scope of services, estimate of costs and a time schedule (by task) for design and construction of trails at Bobcat Ridge Natural Area. 2. Review Requirements Design of all trails will be reviewed and approved by the City of Fort Collins Natural Areas Program staff and its citizen board (Natural Resources Advisory Board). As a condition of granting an easement, the USFS will likely require full review and approval of the plans for trails that cross USFS lands. All trails must meet or exceed USFS standards. 3. Mitigation Measures The USFS will likely require mitigation of visual disturbance caused by trail construction, including visually unobtrusive associated structures (e.g., footbridges), minimal cut and fill work, and active revegetation of disturbed areas. The Environmental Assessment, to be completed under separate contract by Tatanka Historical Associates, Inc., which is required for the portions of the trails that cross USFS land could alter the conceptually planned routes. 2 B. Project Specifics 1. Background Documents\Existing Conditions The City of Fort Collins has prepared a management plan for Bobcat Ridge Natural Area and a conceptual trail plan (see attached map). Both the management plan and conceptual trail plan have been reviewed by the public, adjacent landowners, Colorado Division of Wildlife, and the Natural Resources Advisory Board. The conceptual trail plan currently includes three phases: Phase 1: Begin design spring 2005; complete construction by April 2006: Design and construct the valley loop trail. Total trail length is approximately 4.5 miles. Preference is for a natural surface trail open all seasons. If grades allow, approximately a 1-mile section of the trail would be constructed to ADA trail standards (crusher fines or other suitable material at ADA grades); this section of trail may require a parallel trail for mountain bikers and equestrians (depending on the trail surface material used and design recommendations). Trail width would be 2' to 5' (depending on recommendation from design and anticipated use). Elevation varies from approximately 5440-5680 feet. Vegetation type is about 30% forest/shrubland and 70% grassland. Soils found in the valley bottom are primarily loams of the Kirtley-Purner complex and Satanta series; fine sandy loams and other minor series are mixed throughout (see attached soils map). Slopes range from nearly level to strongly sloping with slow to rapid runoff. Valley soils present few limitations with regards to recreational uses, however engineering designs for trails, structures, or other improvements may need to be made to account for high, shrink - swell potential, corrosiveness and general low strength of heavy -textured soils. Any dead, burnt trees with potential to fall on the trail and injure users would need to be felled and moved out of the way of trail construction, but not removed from the site. Numerous small and some larger drainages cross the proposed trail. Preferred method for crossing drainages is a foot bridge or short boardwalk. Access will be for hikers, mountain bikers, and equestrians. Project could require Army Corps of Engineers (COE) permits and/or approval. Trail design will need to accommodate livestock grazing (e.g., gates). Trail contractor will coordinate with the Natural Areas Program Land Manager regarding the grazing/ranching operations during design and construction. Significant historical or pre -historical artifacts may be encountered during trail construction; in those cases, construction in the area would need to be halted temporarily and an archaeological expert,Tatanka Historical Associates, Inc. under separate contract with the City, would need to be contacted immediately. Phase 2: Possibly begin design and construction summer 2006; timing is dependent on the City obtaining an easement from USFS: Design and construct the south trail to high point (Ginny Trail, Logger Trail, or some modification, to high point above 3