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HomeMy WebLinkAboutRFP - P1113 TRAIL DESIGN AND CONSTRUCTION FOR SOAPSTONE AND BOBCAT NATURAL AREAS (2)Collins Financial services Purchasing Division 215 N Mason St 2 " Floor PO Box 580 Fart Collins CO 80522 970 221 6775 970 221 6707 (cgov com/purchasing REQUEST FOR PROPOSAL P1113 TRAIL DESIGN AND CONSTRUCTION AT SOAPSTONE PRAIRIE & BOBCAT RIDGE NATURAL AREA 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 Soapstone Prairie Natural Area and Bobcat Ridge Natural Area Written proposals six (6) copies will be received at the City of Fort Collins Purchasing Division 215 North Mason Ave Fort Collins Colorado 80524 Proposals will be received before 3 00 pm (our clock) March 19 2008 Proposal No P 1113 The City desires that proposing team/s (or members) have experience on trail protects of similar scope and size and have had some experience on design -build protects within the last five years City of Fort Collins staff will not hold individual meetings with any prospective proposers No telephone communications regarding the scope of the protect will be answered Questions concerning the scope of the proposal must be submitted in writing by March 10 2008 and directed to Jim Miller Protect Manager by e-mail at imiller(cr�fcgov com Questions regarding the RFP process should be directed to John Stephen CPPO Senior Buyer by e-mail at Istephen(-fcgov com or 970-221-6777 A pre -proposal meeting will be held on March 4 2008 at noon at 215 North Mason Street Room 2A A site visit to Bobcat Natural Area (open to the public) will follow that meeting and expect to spend about 3 hours at the site On March 5 2008 a site visit will be held for the Soapstone Prairie Natural Area (not open to the public) starting at 9 00 am at the site and expect to be on site the entire day It is HIGHLY ADVISABLE that all proposers plan to attend, since the City will not be able to show the properties any other time in detail All access to Soapstone is currently not open to the public A copy of the Proposal may be obtained as follows 1 Download the Proposal/Bid from the BuySpeed Webpage www fcgov com/eorocurement 2 Come by Purchasing at 215 North Mason St 2nd floor Fort Collins and request a copy of the Bid The City of Fort Collins is subject to public information laws which permit access to most records and documents Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible Proposals may not be marked Proprietary in their entirety Information considered proprietary is limited to material treated as confidential in the normal conduct of business trade secrets discount information and individual product or where renewal Is a way of life SOAPSTONE NATURAL AREA TRAILS PHASES /� N PHASE i \\/ / -14 miles ROAD NA BOUNDARY 0 4eao vein o m m Additionally 3 500 feet of ADA crusher fine trail will be built at Bobcat Ridge in the existing Valley Loop Trail system Phase II trail construction will consist of approximately 23 miles of 24 — 48 natural surface trail at Soapstone Prairie Much but not all of these trails will be following existing two -track roads The City of Fort Collins is requesting that qualified trail contractors submit a description of qualifications key personnel references a general approach to the protect detailed scope of services estimate of costs and a work schedule (by task) for design and construction of trails at Soapstone Prairie Natural Area and Bobcat Ridge Natural Area 10 B Project Specifics Details of Phases Phase I — Soaastone Prairie Lindenmeier/Roman Loop trails Design and construct these two loop trails for a total length of approximately 8 miles Preference is for a 12 — 24 natural surface trail open all seasons (Begin final design spring 2008 construction 75% complete by December 2008 100% by end of April 2009) Elevation varies from about 6 500 feet at the parking lot to 7 000 feet at the highest point in the loop system Vegetation type is mostly mountain mahogany shrubland and soils are thin and rocky Slopes range from gently to strongly sloping with slow to rapid runoff Consideration will need to be taken in both design and construction to minimize the effects of erosion under these conditions The western loop will be for hikers only and the eastern will be both hike and bike Horses will be excluded from this part of the site Approximately 1 600 feet of trail would be constructed to ADA trail standards (5% maximum grade 36 wide with periodic pullouts crusher fines or other suitable material) Elevation gain is approximately 80 feet N Phase 1 Lindenmeier/Roman Loops Existing Road�N�' Hike Hike/Bike 1 6001t ADA Parking Lot 11 Northwest Connection to Red Mountain Design and construct the Northwest Connection to Red Mountain Total trail length is approximately 1 2 miles Preference is for a 24 — 48 natural surface trail open all seasons (Begin final design spring 2008 complete construction by December 2008) Elevation varies from about 6 760 feet to 7 200 feet Vegetation type is mostly mountain mahogany shrubland and soils are thin and rocky Slopes range from gently to strongly sloping with slow to rapid runoff Consideration will need to be taken in both design and construction to minimize the effects of erosion under these conditions Trail will be multi -use and will ultimately connect to Larimer County trails on both ends N Phase I Northwest Connection to Red Mountain Red Mountain soapstone Open Space Boundary Existing Roads Soapstone Prairie Trail Natural Area 0 36 iB0 IIto zlt0 I 12 Southwest Loop System Design and construct the Southwest Loop System Total trail length is approximately 4 5 miles Preference is for a 24 — 48 natural surface trail open all seasons (Begin final design spring 2008 complete construction by April 2009) Elevation varies from about 6 140 feet at the south parking lot to 6 300 feet The proposed trail passes through mostly open rolling shortgrass prairie with about 150 feet of elevation change Soils vary from deep to thin and rocky Slopes are generally gently sloping with slow to medium runoff Consideration will need to be taken in both design and construction to minimize the effects of erosion under these conditions Trail will be multi -use and will ultimately connect to Larimer County trails at its west end (m Phase ll) 13 Phase I — Bobcat Ridge Bobcat Ridge Natural Area ADA Addition Approximately 3 500 feet of existing trail on the Valley Loop Trail will be converted to 48 wide crusher fines at ADA grades Most of the existing grades are already adequate Approximately 500 feet may need to be re-routed to attain appropriate grades (Begin final design spring 2008 complete construction by December 2008) N A Phase 1 Bobcat Ridge Natural Area I 1 Existing crusher Proposed crusher \ <� 3 500 R /� County road \/ � c v � i 5 0 5 Z 4 e W CR 32C l 0 005 01 02 03 04 Miles 14 N A Phase II — Soapstone Prairie Phase II will consist of up to approximately 23 miles of 24 — 48 natural surface trail Much but not all of these trails will be following existing two -track roads West Connection Approximately 3 5 miles of trail to connect the Southwest Loop with the Northwest connector to Red Mountain About half of this will be using existing two -track The rest will be new trail built 48 wide possibly to resemble existing two -track road (Begin design spring 2008 complete construction by December 2009 ) Elevation vanes from 6 300 to 7 200 feet Vegetation type is mostly mountain mahogany shrubland and sods are thin and rocky Slopes range from gently to strongly sloping with slow to rapid runoff Consideration will need to be taken in both design and construction to minimize the effects of erosion under these conditions SW Connector 2 — 3 miles 24 - 48 new construction (May be performed by City/County crews If included in contract begin design 2009 complete construction 2010 ) Elevation varies from 6 200 to 6 600 feet Vegetation type is mostly mountain mahogany shrubland and soils are thin and rocky Slopes range from gently to strongly sloping with slow to rapid runoff Consideration will need to be taken in both design and construction to minimize the effects of erosion under these conditions SOAPSTONE NATURAL AREA TRAILS PHASE 11 West Connections 15 North Road The —5 mile long North Road will connect the East Loop system and the Lindenmeier/Roman Loop Trails to the Red Mountain Open Space trails Most of the existing North Road is adequate for trail use but one or two short sections may need to be constructed (Begin design spring 2008 complete construction by December 2009) Elevation vanes from 6 500 to 7 200 feet Vegetation type is mountain mahogany shrubland and rolling shortgrass prairie Soils are thin and rocky to deep loose sand in the drainages Slopes range from gently to strongly sloping with slow to rapid runoff Consideration will need to be taken in both design and construction to minimize the effects of erosion under these conditions SOAPSTONE NATURAL AREA TRAILS PHASEII North Road ` N PHASE 1 \ /^ -smiles ROAD \\ V North Road / �\ `\ NA BOUNDARY 16 East Loop System These trails will for the most part follow existing two -track ranch roads with a small amount of new construction The anticipated use is primarily equestrian and bicycle (Begin design spring 2008 complete construction by December 2009) Elevation varies from 6 000 to 6 500 feet The proposed trail passes through mostly open rolling shortgrass prairie Soils vary from deep to thin and rocky Slopes are generally gently sloping with slow to medium runoff Consideration will need to be taken in both design and construction to minimize the effects of erosion under these conditions SOAPSTONE NATURAL AREA TRAILS PHASE II East Loop BOUNDARY V \ East Loop, /\ PHASE I \ /\ ROAD VV 13 mi \/ � \/ � v \ Re routes 1 6 mt IM 17 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 101 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 201 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 301 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 IN Article 4 CONTRACT PRICE 401 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 501 Cost of the Work shall be determined as provided in paragraphs 10 01 A and B of the General Conditions, but, in addition to any limitations therein set forth, it shall not include costs in excess of any Guaranteed Maximum Contract Price as set forth in Article 7 hereof Article 6 DESIGN/BUILDER'S FEE 6 01 The 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 B 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 701 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 702 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 Article 8 CHANGES IN THE WORK 801 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 19 service pricing Summary price information may not be designated as proprietary as such information may be carried forward into other public documents All provisions of any contract resulting from this request for proposal will be public information 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 J e O Neill II CPPO FNIGP rec r of Purchasing & Risk Management 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 C 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 Retamage OWNER shall make progress payments on account of the Contract Price on the basis of DESIGN/BUILDER'S Applications for Payment, on or about the 15th day of each month during performance of the Work as provided in paragraphs 9 01 A 1 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 B of the General Conditions (1) 90 percent of Cost of the Work completed (with the balance being retamage) If the Work has been 50% completed as determined by OWNER, and if the character and progress of the Work have been satisfactory to OWNER, OWNER may determine that as long as the character and progress of the Work remain satisfactory, there will be no additional retamage 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 retamage) of the cost of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 13 02 A of the General Conditions) b Upon Substantial Completion, in an amount sufficient to increase total payments to DESIGN/BUILDER to 95 percent of the Contract Price (with the 20 balance being retainage), less such amounts as OWNER shall determine that OWNER may withhold, in accordance with paragraph 13 03 B of the General Conditions 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 1001 DESIGN/BUILDER makes the following representations A DESIGN/BUILDER has examined and carefully studied the Contract Documents (including the Addenda) listed in paragraphs 12 01 A through J but excluding the documents described in paragraph 12 01 K and the other related data identified in the Request for Proposals B 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, performance or furnishing of the Work D DESIGN/BUILDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site which have been made available by OWNER E DESIGN/BUILDER is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents F DESIGN/BUILDER has correlated the information known to 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 21 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 thereof by 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 l l ACCOUNTING RECORDS 11 0 DESIGN/BUILDER shall keep such full and detailed accounts as may be necessary for proper financial management under the Contract Documents with respect to all materials, equipment and labor entering into the Work The accounting methods shall be satisfactory to OWNER OWNER shall be afforded reasonable access to all of DESIGN/BUILDER s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to the Cost of Work and DESIGN/BUILDER s Fee DESIGN/BUILDER shall preserve all such documents for a period of three years after final payment by OWNER Article 12 CONTRACT DOCUMENTS 12 01 The Contract Documents which comprise the entire agreement between OWNER and DESIGN/BUILDER concerning the Work consist of the following A This Agreement (pages 1 to , 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) 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) 22 K The following, which may be delivered, prepared or issued after the Effective Date of this Agreement and are not attached hereto 1 All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3 04 A of the General Conditions 2 Specifications as defined in Paragraph 101 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 D) and the Request for Proposal (Section 12 01 C), the terms of the Proposal shall be controlling In the case of any irreconcilable ambiguity, inconsistency or conflict among the Contract Documents listed in Section 12 01, the documents listed in Section 12 01 K shall govern, and in the case of any irreconcilable ambiguity, inconsistency or conflict among the documents listed in Section 12 01 K, the documents listed in Sections 12 01 K 1, Section 12 01 K 2, and Section 12 01 K 3 shall take precedence, in the order herein listed Article 13 MISCELLANEOUS 13 01 The Standard General Conditions of the Contract Between Owner and Design/Builder are referred to herein as the General Conditions 13 02 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated therein 13 03 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents 13 04 OWNER and DESIGN/BUILDER each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents 23 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 ill 24 OWNER CITY OF FORT COLLINS By Dann Atteberry City Manager DESIGN/BUILDER By By_ James B O Neill II, CPPO, FNIGP Name Director of Purchasing and Risk Management Title _ Date ATTEST City Clerk Address for giving notices PO Box 580 Fort Collins, CO 80522 APPROVED AS TO FORM Assistant City Attorney Designated Representative Name Title Address Phone Facsimile Date (CORPORATE SEAL] ATTEST Address for giving notices License No (If DESIGN/BUILDER is a corporation, attach evidence of authority to sign ) Designated Representative 1►"44Z Title Address Phone Facsimile 25 00410 Proposal Bond 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660Consent of Surety 00670 Application for Exemption Certificate 1 KNOW ALL MEN BY THESE as Principal, and Surety, are hereby held Collins, Colorado, as OWN the payment of which, well severally bind ourselves, SECTION 00410 PROPOSAL BOND PRESENTS that we, the undersigned as and firmly bound unto ER, in the sum of $ and truly to be made, we successors, and assigns the City of Fort for hereby jointly and THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Proposal and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, NOW THEREFORE, (a) If said Proposal shall be rejected, or (b) If said Proposal shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Proposal) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Proposal, then this obligation shall be void otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Proposal and said Surety does hereby waive notice of any such extension Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER 7/96 Section 00410 Page 1 IN WITNESS WHEREOF, the Principal and t their hands and seals this day of _ of them as are corporations have caused hereto affixed and these presents to officers, the day and year first set forth PRINCIPAL Name Address By Title ATTEST By (SEAL) 7/96 Section 00410 Page 2 M ie Surety have hereunto set , 20 , and such their corporate seals to be be signed by their proper above Title SURETY (SEAL) SECTION 00610 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the 'Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER , in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of 20_, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void otherwise to remain in full force and effect 7/96 Section 00610 Page 1 General Information Soapstone Prairie Natural Area encompasses 18 728 acres of shortgrass prairie foothills shrubland cliffs and rock outcrops wetlands springs and prairie streams It is part of the Meadow Springs regional conservation focus area and an essential piece of the Laramie Foothills Mountains to Plains Project through which numerous partners are working to conserve nearly 200 000 acres of habitat working landscape and wildlife corridor between the Front Range and the High Plains The site is located approximately 25 miles north of Fort Collins and is bordered on the west by Lanmer County s Red Mountain Open Space and on the north by the City of Cheyenne s Cheyenne Ridge Most of the eastern boundary is adjacent to the City of Fort Collins Utilities Meadow Springs Ranch The south edge is bordered by private properties Elevations on the site range from 6 000 feet on the eastern edge to 7 200 on the western boundary with the Red Mountain property Bobcat Ridge Natural Area 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 5 000- to 7 200-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 1 Scope of Services The primary tasks for the Contractor for each phase of trail will be • Work with City staff to finalize trail alignment • Prepare draft design and plan for trail for review by City • Provide estimated construction costs and timeline for review final approval and construction • Prepare final design and plans for trail construction and rehabilitation • Construct trail and rehabilitate areas disturbed during construction by or before the deadlines outlined in this RFP • City shall provide portable toilets at each equipment staging area • Awarded contractor must provide payment and performance bonds and The specific deliverable products expected of the Contractor for each phase includes the following • Final construction design and plan • Estimated construction costs broken down by element (e g trail construction by machine trail construction by hand ADA trail switchback construction wooden bridges rehabilitation etc ) and total cost • Completed trail that can be open during all seasons • Final trail location map compatible with the City s GIS system after each trail is completed The City can supply the Soapstone Prairie and Bobcat Ridge Natural Areas Management Plans as well as GIS layers for the sites including aerial photo base 20-ft contours land ownership and roads (including two -track ranch roads) 2/9/00 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this day of , 20 IN PRESENCE OF Principal (Title) (Address) (Corporate Seal) IN PRESENCE OF Other Partners By By IN PRESENCE OF Surety By By (Address) (Surety Seal) NOTE Date of Bond must not be prior to date of Agreement If CONTRACTOR is Partnership, all partners should execute Bond 7/96 Section 00610 Page 2 SECTION 00615 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that (Firm) (Address) (an Individual), referred to as the (a Partnership), (a Corporation), Principal and Bond No hereinafter (Firm) (Address) hereinafter referred to as 'the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void otherwise to remain in full force and effect 7/96 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this day of , 20 IN PRESENCE OF (Corporate Seal) IN PRESENCE OF IN PRESENCE OF (Surety Seal) NOTE Principal By (Title) (Address) Other Partners Surety By By (Address) Date of Bond must not be prior to date of Agreement If CONTRACTOR is Partnership, all partners should execute Bond 7/96 Section 00615 Page 2 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Insurance 7/96 Section 00630 Page I Certificate of SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE PROJECT OR SPECIFIED PART SHALL LOCATION Fort Collins, Colorado INCLUDE OWNER Citv of Fort Collins CONTRACTOR CONTRACT DATE The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date A tentative list of items to be completed or corrected is appended hereto This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents ENGINEER DATE AUTHORIZED REPRESENTATIVE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated By CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12 01 a m , on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below CITY OF FORT COLLINS, COLORADO By OWNER AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO Gentlemen 20 You are hereby notified that on the day of , 20 the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date Sincerely, OWNER City of Fort Collins By Title ATTEST Title 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO City of Fort Collins, Colorado (OWNER) FROM PROJECT (CONTRACTOR) 1 The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project 2 In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U S C A 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project 3 The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project 4 The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from 7/96 Section 00650 Page 1 any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims 5 The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project Signed this day of , 20 CONTRACTOR M Title ATTEST Secretary STATE OF COLORADO ) )ss COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20 , by Witness my hand and official seal My Commission Expires Notary Public 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR PROJECT CONTRACT DATE In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for on bond of (Surety) hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) MM ATTACH Power of Attorney Attorney(s)-in-Fact and Certificate of Authority of 7/96 Section 00670 Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE OR 0172 (t M8) COLORADO DEPARTMENT OF REVENUE OENVER 2416 , EN)C 8 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Purstiantto Statute Sedan 39 26114(1)(a)QW tin unr wars iu rwc con ra The exemption certificate for which you are applying must be used only fort he purpose of purchasing construction and building materials for the exempt project described below This exemption does not Include or apply to the purchase or rental of equip ment supplies and materials which are purchased rented or consumed by the contractor and which do not become part of t he structure highway road street or other pub cworks awned and used by the exempt organization Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law Aseparate certificate is required for each contract Subcontractors will not be issued Certificates of Exemption by the Department of Revenue It is the responsibility of the prime contractor to issue certificates to each of the subcontractors (See reverse stle) FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED R1 so WrVAccourt No to be asagned byDPeriod89 0170750 (999)$0 00 CONTRACTOR INFORMATION Trade name pd a ap u m Mailing address yState Zip)Contact arson Mail address a era Employera idennficabon Number Iod amouniforyour conlVai ^'b B tlpF mb d w Fh ld 9t � t m x EXEMPTIONMtFORMATION COt'"eateormact"OW"msntpaya{t)Wandfyingtheconb=figperti" aM (4)eorNalnMg slgrxrttxas of cortt wwgpa tin "UMbe attMftd Name of exempt organza on ass awn on con ac amp organon s za number 98 Address of exemp organization iy to ip nncipal con c a exemp organza ion -(give nnapa con ac s to ?phone number hysicallocation o pro)ecls to actual address enapplicable and Cites and/or County (ies) where projects located) Sc d tl r Y con tNN t rt d t Etmr d °^ Y mmPl 1 d t l dedare under penalty of perjury in the second degree Met the statements made in this application are true and complete to the best of my knorWedge ignature or owner partner or corporate o ter Tire o corporate OthCeF Dow DO NOT WRITE BELOW THIS LINE Section 00670 Page 1 4 REVIEW AND ASSESSMENT Design of all trails will be reviewed and approved by the City of Fort Collins Natural Areas Program The City of Fort Collins will require mitigation of visual disturbance caused by trail construction including visually unobtrusive associated structures (e g footbridges) minimal cut and fill work and active rehabilitation of disturbed areas Professional firms will be evaluated on the following criteria These criteria will be the basis for review of the written proposals and interview session The rating scale shall be from 1 to 5 with 1 being a poor rating 3 being an average rating and 5 being an outstanding rating WEIGHTING FACTOR QUALIFICATION STANDARD Does the proposal show an understanding of the protect 20 Scope of objective methodology to be used and results that are desired Proposal from the project? Do the persons who will be working on the project have the 20 Assigned necessary skills? Are sufficient people of the requisite skills Personnel assigned to the project? Can the work be completed in the necessary time? Can the 1 0 Availability target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? Is the firm interested and are they capable of doing the work in 1 0 Motivation the required time frame? Do the proposed cost and work hours compare favorably with 20 Cost and the project Manager's estimate? Are the work hours Work Hours presented reasonable for the effort required in each project task orphase? Firm Capability Does the firm have the support capabilities the assigned 2 0 personnel require? Has the firm done previous projects of this type and scope? 2/9/00 Special Notice Contractors who have completed this application in the past please note the following changes in procedure The Department will no longer issue individual Certificates of exam ption to subcontractors Only prime contrac tors will receive a Contractors Exemption Certificate on exempt projects Upon receipt of the Certificate the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractors name and address and signing it The original Certificate should always be retained by the prime contractor Copes of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor s place of business for a minimum of three years and be available for inspection in the event of an audit Once an 89# has been assigned to you please use the next five numbers following it for any applications submitted for future projects This should be your permanent number For instance if you were assigned 89 12345-0001 every application submitted thereafter should contain 89 12345 on the application The succeed ing numbers will be issued by the Department of Revenue DO NOT enter what you believe to be the next in sequence as this may delay processing of your application Section 00670 Page 2 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 —_ National Society of��� A C E C JpProlessional Engineers American Society t Professional Engineers in Private Practice 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 EJCDC D 700 Standard General COMA,.. oflhe Contract Between Owner and DmgdBudder Copynght is22002 National Society of Pmfesstoml Engineers for EJCDC All nghls reserved EICDC D-000 Staidard General Cnildition5 of the Contmcl Between Owner and DesigNBuilder Copynght U2002 National Society of Professional Engineers for EICDC All nghts reserved 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 to 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 Ktng 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 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design, Builder Copynght C2002 National Society of Professional Engineers for EJCDC All nbhts reserved TABLE OF CONTENTS ARTICLE 1 — DEFINITIONS AND TERMINOLOGY 1 01 Defined Terms 102 Terminology ARTICLE 2 — PRELIMINARY MATTERS 201 Delivery of Bonds 202 Commencement of Contract Times. Notice to Proceed 203 Starting the Work 204 Before Starting the Work 205 Initial Conference 206 Imtial Acceptance of Schedules ARTICLE 3 — CONTRACT DOCUMENTS INTENT. AMENDING REUSE 3 01 Intent 302 Reference Standards 303 Resolving Discrepancies 304 Amending and Supplementing Contract Documents 305 Meuse-e€Becuxtents Use of Design Materials 306 Electronic Data ARTICLE 4 — AVAILABILITY OF LANDS, DIFF€RFNG-SITE SUBSURFACE AND PHYSICAL CONDITIONS I I 3 4 4 4 4 4 4 5 5 5 5 5 6 6 7 REFERENCE POINTS. HAZARDOUS ENVIRONMENTAL CONDITIONS 7 4 01 Availability of Lands 7 4 02 Differine Site Conditions Subsurface and Phvsical Conditions 7 4 03 Reference Points 9 4 04 Asbestos PCBs Petroleum Hazardous Waste or Radioactive Material 10 ARTICLE 5 — BONDS AND INSURANCE 10 5 01 Performance. Payment and Other Bonds 11 5 02 Licensed Sureties and Insurers 11 5 03 Certificates of Insurance 11 5 04 Design/Builder s Liability Insurance 11 5 05 Owner s Liability Insurance 12 5 06 nz E� y 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 14 601 Design Professional Services 14 602 Supervision and Superintendence of Construction 15 603 Labor, Working Hours 15 604 Services Materials and Equipment 15 605 Progress Schedule 16 606 Concerning Subcontractors Suppliers and Others 16 607 Patent Fees and Royalties 16 608 Permits 17 609 Laws or Regulations 17 610 Taxes 17 6 11 Use of Site and Other Area 17 6 12 Record Documents 18 6 13 Safety and Protection 18 6 14 Safety Representative 18 6 15 Hazard Communication Programs 18 6 16 Emergencies 18 617 Submittals 19 618 Continuing the Work 19 6 19 Post Construction Phase 19 620 Desian/Builder s General Warranty and Guarantee 19 621 Indemnification 19 FJCDC DJ00 Standard General Conditions of the Contact Between Owner and DesigNBwlder Cupyn6hr(02002 National Society of Professional Engineers for E)CDC All n6hts reserved Includes City of Fort Collins nadrficauons dated 09/2004 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 21 801 General 21 8 02 Insurance 21 8 03 Limitations on Owners Responsibilities 21 8 04 Undisclosed Hazardous Environmental Condition 22 805 Resident Project Representation 22 806 Owners Consultant 22 ARTICLE 9 — CHANGES IN THE WORK, CLAIMS 22 901 Authonzed 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 22 906 Effect of Chance 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 Pnces 25 ARTICLE I I — CHANGE OF CONTRACT PRICE, CHANGE OF CONTRACT TIMES 25 11 01 Change of Contract Pnce 25 11 02 Change of Contract Tunes 26 ARTICLE 12 — TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION OR WORK 27 1201 Notice of Defects 27 12 02 Access to Construction 27 1203 Tests and Inspections 27 1204 Uncovenng Construction 27 1205 Owner May Stop Construction or Work 28 1206 Correction or Removal of Defective Construction or Work 28 12 07 Correction Period 28 1208 Acceptance of Defective Construction 28 1209 Owner May Correct Defective Construction or Work 28 12 10 No Limitation 29 ARTICLE 13 — PAYMENTS TO DESIGN/BUILDER AND COMPLETION 29 1301 Schedule of Values 29 13 02 Application for Progress Payment 29 13 03 Review of Applications for Progress Payments 29 1304 Design/Builder s Warranty of Title 30 13 05 Substantial Completion 30 1306 Partial Utilization 30 1307 Final Inspection 31 1308 Final Payment 31 13 09 Final Completion Delayeed 31 13 10 Waiver of Claims 32 ARTICLE 14 — SUSPENSION OF WORK AND TERMINATION 32 14 01 Owner May Suspend Work 32 14 02 Owner May Tenninate for Cause 32 14 03 Owner May Terminate for Convenience 32 1404 Design/Builder May Stop Work or Terminate 33 ARTICLE 15 — DISPUTE RESOLUTION 33 ARTICLE 16 —MISCELLANEOUS 33 16 01 Giving Notice 33 16 02 Computation of Times 33 16 03 Cumulative Remedles 33 16 04 Survival of Obligations 34 EJCDC D 700 Standard General Conditions of the Contract Between Owner and Design/Budder Copynght (02002 Nahoral Society of Pmkssional Engineers for ECDC All rights reserved [ncludes City of Fort Collins d a 1 dated 09 2004 16 05 Controlling Law 34 EICDC D 700 Standard General CondltLOna of the Contract Between Owruer and DeslgNBmlder Copyn6ht cra2002 National Society ofPmfessiooal Engineers for EICDC All nghts reserved Includes Cdy of Fort Collins modifications dated 09/2004 STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGN/BUILDER ARTICLE 1- DEFINITIONS AND TERMINOLOGY 101 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 pnor 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 Desugn/Builder coveting the Work 3 Application for Payment - The form which is to be used by Design/Builder m 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 thud party is not a claim 8 Conceptual Documents - The drawings and specifications and/or other graphic or written materials criteria and information concerting 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 6) to achieve Substantial Completion, and (if) to complete the Work so that it is ready for final payment, as evidenced by Owner s Representative s written recommendation for final payment, and in accordance with paragraph 13 08 15 Desien/Budder - The individual or entity with whom Owner has entered into the Agreement 15a Design Materials - Any and all documents, shop drawings, electronic information data plans drawings, sketches, illustrations specifications descriptions, models and other information developed prepared, fumished, 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 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 FJCDC D 700 Sta datd General Condnwas of the Contact Between Owner and DesigNBu lder Copyright 02002 National Society of Professional Engineea for EJCDC All nghts reserved Includes City of Fort Collins aoddrcations dated 09/2004 1 and required to be performed by licensed design professionals as well as other services provided by or for licensed design professionals during Bidding/Negotiatmg 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 PCB s 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 Leval Holtdays - 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 rim and on which Design/Builder shall start to perform the Work 28 Owner - The individual or entity with whom Design/Budder 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 am to 6 00 p m , Monday through Friday, unless otherwise specified in the Contract Documents 36 Request for Proposals - The document prepared by or for Owner specifying and describing Owner s 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 egumment 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 ut deed 38 Schedule of Values - A schedule prepared by Design/Builder and acceptable to Owner indicating that FJCDC D-700 Standard General Conditions of the Contract Between owner and Design/Builder Copyright (02002 National Society of Professional Engineers for EJCDC All nghts reserved Includes City of Fort Collins rtadifications dated 09/2004 2 portion of the Contract Price to be paid for each major component of the Work 38a Shoo 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 Itgmd 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 102 Terminology A Intent of Certain Terms or Adjectives 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 Owners 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 egupment 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 out into use or olace in final Position said services, materials or equipment or equipment complete and ready for intended use 5 The words perform or provide when used m connection with services materials or equipment EJCDC D-700 Standard General Condmons ofthe Contract Between Owner and DesigNBudder Copyright c22002 National Soc¢ty of Pmfessioral Engineers for EJCDC All ni,h[s reserved Includes City of Fort Collins modifications dated 09/2004 3 Applicants should feel free during the selection process to provide 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 Soapstone Prairie Phase1 trails by April 2009 and the Bobcat Ridge Phase I trail by December 2008 Completing Phase 2 trails earlier than required would be helpful 2 TIMELINE RFP Advertised and E-Mailed February27 2007 Pre -proposal Meeting March 4 at Noon and March 5 all day Proposal Due Date March 19 2008 Interviews Week of March 24`" Award of Contract Approximately March 31 Start of Phase I Design Immediately upon signing of agreement 3 RFP RESPONSE REQUIREMENTS • Protect approach • Services provided • Proposed Construction Standards that meet or exceed USFS standards • List of key personnel and proposed subcontractors • Description of similar projects performed by contractor • Fee schedule by task o Phase I Design and Construction (by Necessary Elements e g trail construction by machine per foot trail construction by hand per foot switchback construction per foot ADA trail per foot wooden bridge per linear foot and width rehabilitation per square foot) o Phase II Design and Construction (by Necessary Elements (e g trail construction by machine per foot trail construction by hand per foot switchback construction per foot wooden bridge per linear foot and width rehabilitation per square foot) • Timeline for start and completion of design and construction for each phase • References • Please submit changes (if any) to the agreement in writing with the RFP response 2/9/00 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 construction Industry or trade meaning are used in the Contract Documents in accordance with that meaning ARTICLE 2 - PRELIMINARY MATTERS 2 01 Delivery of Bonds A When Design/Builder delivers the executed Agreements to Owner 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 in , wating by Owner Pr...., sal eF the tlurtieth day after 1, Effeetive Date 441, 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/Builders Review of Contract Documents Before undertaking each part of the Work Design/Bmlder 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 I A preliminary Progress schedule indicating the times (numbers of days or dates) for starring and completing the various stages of the Work, including any Milestones specified in the Contract Documents, 2 A preliminary schedule of Submittals which will list each required Submittal and the times for submitting, reviewing and processing each Submittal, in no case will a schedule be acceptable which allows less than seven (7) calendar days for each review by owner 3 A preliminary Schedule of Values for all of the Work which will include quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress 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 protection estimating that portion of the Contract Price to be due during each month of performance C Evidence of Insurance Before any Work at the Site is started Design/Builder and Owoef shall each deliver to the, sthp'r rt-f.cate of . e as red b "ter-eaFasFaih 5-shall deliver to Owner certificates of insurance (and other evidence of insurance requested by Owner) which Design/Builder is required to purchase and maintain in accordance with Article 5 - Bonds and Insurance 2 05 Initial Conference A Within twenty days after the Contract Times start to run Design/Builder will arrange a conference attended by Owner and Design/Builder and others as appropriate to establish a working understanding among the parties as to the Work and to discuss the design concepts schedules referred to in paragraph 2 04 B procedures for handling Submittals processing Applications for Payment maintaining required records items required pursuant to paragraph 8 01 A 6 and other matters EJCDC D-700 standard General Conditions of the Contact Between Owner and Design Builder Copynbht (c)2002 National Society of I Miessimal Engineers for EJCDC All rights reserved Includes City of Fort Collins modifications dated 09/2004 4 2 06 Initial Acceptance of Schedules A At least ten days before submission of the first Application for Payment (unless otherwise provided in the Contract Documents) Design/Builder will arrange a conference attended by Design/Builder Owner and others as appropriate to review for acceptability the schedules submitted in accordance with paragraph 2 04 B Unless otherwise provided in the Contract Documents, before any work at the site begins, a conference attended by Deswri/Builder, Owner s Representative and others as designated by Owner will be held to review for acceptability to Owner as provided herem the schedules submitted in accordance with paragraph 2 04 B Design/Builder shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to Design/Builder until the acceptable schedules are submitted to Owner 1 The progress schedule will be acceptable to Owner if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times Such acceptance will not impose on Owner responsibility for the progress schedule for sequencing, scheduling or progress of the Work nor interfere with nor relieve Design/Builder from Design/Builder s full responsibility therefor 2 Design/Builders schedule of Submittals will be acceptable to Owner if it provides a workable arrangement for reviewing and processing the required Submittals 3 Design/Builders 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 301 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 I 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/Bmlder, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to Owner any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents 3 03 Resolving Discrepancies A In the event of a discrepancy between the Conceptual Documents on the one hand and the Proposal or Drawings or Specifications on the other hand the Conceptual Documents will control except when Owner has approved a Submittal pursuant to paragraph 6 17 B B Except as otherwise specifically stated in the Contract Documents the provisions of the Contract Documents shall take precedence in resolving any conflict EICDC D 900 Standard General Conditmns of the Contract Between Owner and DestgNBuilder Copyright 02002 National Society of Professional Engineers for FJCDC All ribins reserved Includes City of For: Collins modifications dated 092004 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 ambiguous provisions within the Contract Documents, specifications will take precedence over the drawings and addenda will take precedence over both Notwithstanding the foregomg, 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, eror, 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 an Supplier referred to in paragraph 3 03 B 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, eror, ambiguity, or discrepancy unless Design/Builder knew or reasonably should have known thereof 3 04 Amending and Supplementing Contract Documents A The Contract Documents may be amended to provide for additions deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways 1 Owners approval of required Submittals (pursuant to paragraph 6 17 B), 2 A Work Chanute Directive, 3 A Change Order, 4 A Field Order, 5 A formal Written Amendment 3 05 Reuse of Doeinnents Use of Design Materials A All documents including Drawings and Specifications prepared or furnished by Design/Builder pursuant to this Agreement are for Design/Builder s own use and Design/Builder shall retain an ownership and property interest therein whether or not the Project is completed Owner may make and retain copies for information and reference in connection with the use and occupancy of the Project by Owner and others However such documents are not intended or represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project Any reuse or any continued use after any termination without written verification or adaptation by Design/Builder for the specific purpose intended will be at Owners 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 ansing out of or resulting therefrom Any such venfication or adaptation will entitle Design/Builder to further compensation at rates to be agreed upon by Owner and DesignBuilder 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 Pro ect 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 DesumBuilder hereby assigns outright and exclusively to the Owner all copyrights in the design appearance of the Protect The Design/Builder, as part of its agreements with any Subcontractor or consultant will secure such license and use nghts 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 EJCDC D 700 Standard General Conditions of the Contract Between Owner and DesigNBudder Copyright c92002 National Society of PmfesalorNI Engineers for EICDC All rights reserved Includes City of Fort Collins modifications dated 09/2004 6 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 fiunished only for the convenience of the receiving party Any conclusion or information obtained or derived from such electronic files will be at the users 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 tern 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 SITE 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 casements 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 Owners 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 Owners interest therein as necessary for giving notice of or filing a mechanics hen 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 402 Dliffering Site Candition 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 (u) 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 E7CDC D-700 Surahirl General CorMrt�ons of the Cataract Between Owner and DesigNBuilder Copynght V2002 National Society of Professional Engineers for EJCDC All nghu reserved Includes City of Fort Collins modifications dated 09/2004 7 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/Budder Authorized Technical Data Design/Builder may rely upon the general accuracy of the technical data contained in such reports and drawings but such reports and drawings are not Contract Documents Such technical data is identified in the Request for Proposals or in these Supplementary Conditions Except for such reliance on such technical data Design/Builder may not rely upon or make any claim against Owner with respect to (i) the completeness of such reports and drawings for Design/Builder s purposes including but not limited to any aspects of the means methods techniques sequences and procedures of construction to be employed by Design/Builder and safety precautions and programs incident thereto or (it) other data interpretations opinions and information contained in such reports or shown or indicated in such drawings or (in) any Design/Builder interpretation of or conclusion drawn from any technical data or any such data interpretations opinions or information C Nonce 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 B is materially inaccurate or 2 is of such a nature as to require a change in the Contract Documents or 3 differs materially from that shown or indicated in the Contract Documents or 4 is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents or 5 is of such a nature as to reasonably be suspected of containing or constituting Asbestos PCBs Petroleum Hazardous Waste or Radioactive Material or such other substances or materials that may result in significant damage or injury or require compliance with specifically applicable regulatory requirements unless confirmation of the absence of such condition has previously been provided then Design/Builder shall immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6 16) notify Owner in writing about such condition Design/Builder shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so D Owners 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 1 such condition must meet any one of more of the categories described in paragraph 4 02 C 2 a change in the Contract Documents pursuant to paragraph 4 02 E will not be an automatice authorization of EJCDC D 700 Standard General Condrtmns ofthe Contact Between Owm and Design/Builder Copyright 02002 Nahonal Somety ofEmfessa,nal Engineers for EICDC All nghts mserved Includes C ty of Fort Collins nadifications dated WNW 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 C 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 Tunes 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 616) identify the owner of such Underground Facility and give written notice to that owner and to Owner Owner will promptly review the Underground Facility and determine the extent if any to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility If Owner concludes that a change in the Contract Documents is required a Work Change Directive or a Change Order will be issued as provided in Article 9 to reflect and document such consequences During such time Design/Builder shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6 12 Design/Builder may be allowed an increase in the Contract Price or an extension of the Contract Times or both to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that Design/Builder did not know of and could not reasonably have been expected to be aware of or to have anticipated If Owner and Design/Builder are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times Design/Builder may make a claim therefor as provided in Articles 10 and 11 However Owner shall not be liable to Design/Builder for any claims costs losses or damages incurred or sustained by Design/Builder on or in connection with any other project or anticipated project 4 03 Reference Points A Design/Builder shall be responsible for laying out the Work and shall protect and preserve the reference points and property monuments established by Owner pursuant to paragraph 8 01 A 6 e and shall make no changes or relocations without the prior written approval of Owner Design/Builder shall report to Owner whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel EICDC D 700 standard General Coriddmns of the Contract Between Owmr and DestgNBudder CoPynght (02002 Nahonal Society of Pmfesstonal Engineers for EJCDC All nghts reserved Includes Gty of Fort Collttn modifications dated 09/2004 9 4 04 HAARMOUS Environmental Condition at 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 C 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 (it) 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 (m) 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 Owners 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 (in) was not created by Design/Builder or by anyone for whom Design/Builder is responsible Nothing in this paragraph 4 04 E shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual s or entity s own negligence F To the fullest extent permitted by Laws or Regulations Design/Builder shall indemnify and hold harmless Owner Owner s Consultant and the officers directors partners employees agents other consultants and subcontractors of each and any of them from and against all claims costs losses and damages (including but not limited to all fees and charges of engineers architects attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from such Hazardous Environmental Condition created by Design/Builder or anyone for whom Design/Builder is responsible Nothing in this paragraph 4 04 F 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 fumish 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 famish such other Bonds as are required by the Contract Documents EJCDC D 700 Standard General Condatons of the Contract Between Owner and DesigdBu alder Copyright 02002 National Society of Professtmul Engineers for EJCDC All n6hts reserved Includes Gay of Fort Colima modtfieattons dated 09/2004 10 B All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies as published in Circular 570 by the Audit Staff Bureau of Government Financial Operations U S Department of the Treasury All Bonds signed by an agent must be accompanied by a certified copy of such agent s authority to act C If the surety on any Bond furnished by Design/Builder is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5 01 B and 5 02 Design/Builder shall within twenty ten 10 days thereafter substitute another Bond and surety both of which shell e mply with 4i e requifements of Ye eb-vY hs ` 01 n a 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 503 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 Qvme- shall eel„ eF with vi.e to e l, eeadditional ,.,1,,, ,. ea the e_le Conditions eeEa e .ulder or a athe,. additional insured) h 1, is required to puEehase and maintain 5 04 Design/Budder'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 anse out of or result from Design/Builders 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 m occupational sickness or disease, or death of Design/Builder s employees, 3 Claims for damaees 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 (u) 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 into or death of any person or property damage ansing out of the ownership, maintenance or use of any motor vehicle 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-5-04-9 (subiect to any customary exclusion m respect of professional liability) include as additional insureds Owner and Owners Consultants and any other persons or entities indicated in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors partners and employees agents and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby, 2 Include at least the specific coverages and be written for not less than the limits of liability 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 E1CDC D 700 Standard General Condrhons of the Contract Between Owner and Design Builder Copyright 02002 Nanmal Sociely ofpmfessional Engineers for E1CDC All nghls reserved Includes City of Fort Collins modifications dated 09 2004 11 For paragraphs 5 04 A l 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 imits For paragraph 5 02 C The Professional Liability Errors & Omissions policy will have limits of $5,000,000 3 Include completed operations insurance, 4 Include contractual liability insurance covering Design/Builder 5 Contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days pnor written notice has been given to Owner and each other additional insured indicated in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance Famished by the Design/Builder pursuant to paragraph 5 03 will so rovide 6 Remain in effect at least until final payment and at all times thereafter when Design/Builder may be correcting, removing or replacing defective CORShllctiOn 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 Desum/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 Design/Budder s Professional Liabiity Errors & Omissions Insurance Design/Builder shall Purchase and maintain such Professional Liability Errors & Omissions insurance as is appropnate 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 may be liable 5 05 Owner's Liability Insurance A In addition to the insurance required to be provided by Design/Builder under paragraph 5 04 Owner at Owners option may purchase and maintain at Owners expense Owners own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents 5 06 FrepeFty Builders Risk Insurance A Unless otherwise provided in the Supplementary Conditions Owner shall purchase and maintain property insurance upon the Construction at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws or Regulations) This insurance will 1 Include the interests of Owner, Owner's Consultant, Design/Builder, Subcontractors, and any other individuals or entities indicated in the Supplementary Conditions, and the officers, directors partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured 2 Be written on a Builders Risk all risk or open venl 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) EJCDC D 700 Staadard General Condrnons fthe Contract Between Owner and DesigNBudder Copyright 02002 National Society off'rofessional Engineers for EJCDC Alinghtsresemcd Includes City of Fort Collins moddicatlons dated 09/2004 12 4 Cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to beiniz 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 entitles 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 home by Design/Builder Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts each may purchase and maintain it at the 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 Owners 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 entitles indicated in the Supplementary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued B Owner waives all rights against Design/Builder Subcontractors and Suppliers and the officers directors employees and agents of any of them for 1 Loss due to business interruption, loss of use or other consequential loss extending beyond direct physical loss or damage to Owners property caused by, arising out of or resulting from fire or other penl whether or not insured by Owner, and 2 Loss or damage to the completed Protect 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 Protect or part thereof by Owner during partial utilization pursuant to paragraph 1306, 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 B 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 Owners Consultant and the officers directors partners employees agents and other consultants and subcontractors of each and any of them FJCDC D 700 Standard General Condit ons of the Contract Between Owner and DesigNBwlder Copynght02002 National Societyuf PMfesslonal Engineers for EJCDC Alinghtsmserved Includes Gay of Fort Collins modifications dated W2004 13 Reference evaluation (Top Ranked Firm) The protect Manager will check references using the following criteria The evaluation rankings will be labeled Satisfactory/Unsatisfactory QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness 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? Job Knowledge a) If a study did it meet the Scope of Work? b) If Professional administered a construction contract was the protect functional upon completion and did it operate properly? Were problems corrected quickly and effectively? A Project Description Soapstone Prairie Soapstone Prairie Natural Area encompasses 18 728 acres of shortgrass prairie foothills shrubland cliffs and rock outcrops wetlands springs and prairie streams It is part of the Meadow Springs regional conservation focus area and an essential piece of the Laramie Foothills Mountains to Plains Project through which numerous partners are working to conserve nearly 200 000 acres of habitat working landscape and wildlife corridor between the Front Range and the High Plains M 5 08 Receipt and Application of Insurance Proceeds A Any insured loss under the policies of insurance required by paragraph 5 06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds as their interests may appear subject to the requirements of any applicable mortgage clause and of paragraph 5 08 B Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach If no other special agreement is reached the damaged Construction shall be repaired or replaced the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order B Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owners 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 re gpd, iAffitffigg by __ party in interest n..me__. as _Da..,_.._..__...1_,_ _n_ 1. a F 5 09 Acceptance of Bonds and Insurance, Option to Replace A If either Owner or BesigWRaildee has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other paFP} Design/Builder in accordance with Article 5 on the basis of their not complying with the Contract Documents the ebjesting Owner shall so notify the�rr�- other paDesign/Builder in writing within ten fifteen (15) days after receipt of the certificates (or other evidence requested) required by paragraph 2 04 C Owner --aft e shall eaeh provide IfifoFffintion in respect of ins .re_eeprovided a h other Feasonab!5' request if either party does not pitfeliase a maratain at' sf the Bonds and rasoranee wed of such by the Courtlier Poeurrie_... ,oh p shall notify the a Part), in 'ATI41fig F sueh failure to ptweGase PROF to l e start 9 the ll FarIF o of such failure to maintain h r,�.o m.r-o..enge-.the ,r required remedy the other _ mayelee. to obtain equivalent n__d_ expense of the party 3A4io was supposed to provide seveFage and a Change nude shall L issued adjust 1. GerifFacti-riee aewrdirigl 510 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 nonce 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 Prehminary Design Phase After the Contract Times commence to run Design/Builder shall 1 Consult with Owner to understand Owners requirements for the Proiect and review available data. 2 Advise Owner as to the necessity of Owners providing or obtaining from others additional reports data or services of the types provided in paragrap 8 01 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 Protect designed or specified by Desurn/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 Concentual Documents and Design/Builders Proposal prepare preliminary design documents consisting of final design criteria preliminary drawings, outline specifications, and written descriptions of the Protect. 6 Furnish the preliminary design documents to and review them with Owner within the times indicated EICDC D 700 Standard Gene.] Condmons ofthe Contract Between Owner and Design/Builder Copyright CO2002 National Society of Professional Engineers for EJCDC All rights reserved Includes Cty of Fort Collins modifications dated 09/2004 14 in the schedules described in paragraphs 2 06 A l 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 goventmental authorities as have iunsdiction to review or approve the final design of the Protect 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 £Regular wWorking lCours and Design/Builder will not permit overtime work or the performance of Construction on Saturday Sunday or any Legal hHoliday without Owners written consent �-�li�-will not be unreasenably 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 to the offices of the Purchasing and Risk Management Division or the city Clerk s office 2 Cement Restrictions City of Fort Collins Resolution 91 121 requires that suppliers and producers of cement or products containing cement certify that the cement was not made in cement kilns that burn hazardous waste as a fuel B All materials and equipment incorporated into the Work shall be of good quality and new except as otherwise provided in the Contract Documents All warranties and guarantees specifically called for by the Contract Documents shall expressly run to the benefit of Owner If reasonably required by Owner Design/Builder shall fumtsh 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 EJCDC D-700 standard General Conditions of the Contract Between Owrar and Destgn/Builder Copyright (02002 National society of f'rofessioral Engineers for EICDC All nghts reserved includes City of Fort C011ns modifications dated 09/2004 15 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 l 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 cnlly 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 1102 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 20 percent requirement shall refer to the Work the value of which totals not less than 20 percent of the Contract Price B Design/Builder shall be fully responsible to Owner for all acts and omissions of the Subcontractors Suppliers and other individuals or entities performing or furnishing any of the Work just as Design/Builder is responsible for Design/Builders 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 Deslen/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 perfornung or famishing 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 er any s..eh agFeement is with tasuFed on the prepe" instwenee provided to paragraph 5-06- the ag eement between the DesignEBu lder and the gubeefftFacte of Supplier waives all fights against Ovmef ...surwac (and their eff?eerc d:reeterc parlaells effil3leyees agents and other eensultants and subseentfaeteFs of earh and- pr :ye:.j insuranee appiteable to the MradE if the insurefs any .,.1..., heies _eq a separate waiver V.._ms; t b signe 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 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) ansing 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 EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design/Builder Copyright t92002 Nahmld Socwty of Professional Engineers for FJCDC All ribhts reserved Includes City of Fort Collins modifications dated M2004 16 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 608 Permits A Unless otherwise provided in the Contract Documents Design/Builder shall obtain and pay for all necessary permits licenses and approvals of governmental authorities having jurisdiction over the Work Owner shall assist Design/Builder when necessary in obtaining such permits licenses and approvals Design/Builder shall pay all governmental charges and inspection fees necessary for the performance of the Work which are applicable on the last day for receipt of Proposals or on the effective date of the Agreement Design/Builder shall pay all charges of utility owners for connections to the Work and DesiWBuilder shall pay fees as provided in the Supplemental Conditions 9wuer shall "Y all GhffgeSy owners -moo.--oor.ta.-oasts related thereto- 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/Builders 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 Desien/Builder shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to the Site and other areas permitted by Laws or Regulations and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment Design/Builder shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas resulting from the performance of the Work 2 Should any claim be made by any such owner or occupant because of the performance of Work Design/Builder shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law 3 To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner, Owner's Consultants and anyone 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 attorney 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 anv other party indemnified hereunder to the extent caused by or based upon DesumBuilders Performance of the Construction FJCDC D-700 Standard General Condmons of the Contact Between Owner and DesigavBuilder Copyright (02002 Natrorul Society of Professional Engineers for EICDC All nbhts reserved Includes City of FortCollins modifications dated 09/2004 17 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 matenals 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 onginal 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 pnor 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 613 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 m 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) 614 Safety Representative A Design/Builder shall designate a qualified and expenenced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs 6 15 Hazard Communication Programs A Design/Builder shall be responsible for coordinating any exchange of matenal 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 616 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 EJCDC D-700 Standard General Condmons fthe Contract Between Owner and DesrgNBuilder Copyright 02002 Natural Society of Professional Engineers for EJCDC All nghts reserved Includes City of Fort Collins modifications dated 09/2004 18 6 20 Design/Builder's General Warranty and Guarantee 617 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 Owners 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 Owners 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 Owners 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 Owners attention to each such variation and Owner has given written approval C Construction prior to Owners 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 adiusting of any equipment or system 2 Assist Owner in training staff to operate and maintain the Work 3 Assist Owner in developing systems and procedures for control of the operation and maintenance of and record keeping for the Work A Design/Builder warrants and guarantees to Owner that all GensWuetien 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 Destgn/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/Builders 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/Builders obligation to perform the Work in accordance with the Contract Documents I Observations by Owner, 2 The making of any progress or final payment 3 The issuance of a certificate of Substantial Completion or any navment by Owner to Desimi/Builder under the Contract Documents, 4 Use or occupancy of the Work or any part thereof by Owner, sS 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 Ce>istEusnen Work by Owner 6 21 Indemnification A To the fullest extent permitted by Laws or Regulations Design/Builder shall indemnify and hold harmless Owner Owners 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 EJCDC D-700 standard General Condrttons of the Contract Between Ownerand DesigreBmlder Copyright 02002 National Society of Professional Engineers for FJCDC All rights reserved Includes City of Fort Collin modifications dated 09/2004 19 professionals and all court or arbitration or other dispute resolution costs) ansing out of or resulting from the performance of Genstmolaett 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 -giant 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 hability 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 Owners 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 21 A shall not be limited in any way by any limitation on the amount or type of damages compensation or benefits payable by or for Design/Builder or any such Subcontractor Supplier or other individual or entity under workers compensation acts disability benefit acts or other employee benefit acts C The indemnification obligations of Design/Builder under paragraph 6 21 A shall not extend to the liability of Owner's Consultant and their officers directors partners employees agents other consultants and subcontractors ansing out of the preparation or approval of maps drawings opinions reports surveys designs or specifications 6 22 Survival of Obligations A All representations, indemmfications warranties and guarantees made inrequired 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 Owners 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 I Written notice thereof will be given to Design/Builder onor to starting any such other work and 2 Design/Builder may make a Claim therefor as provided in Article 9 if Desilm/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 Owners 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/Builders Work depends upon work performed or services provided by others under this Article 7 Design/Builder shall inspect such other work and appropriate instruments of service and promptly report to Owner in writing any delays defects or deficiencies in such other work or services that render it unavailable or unsuitable for the proper execution and results of Design/Builders 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 EICDC D 700 Standard General Conditions of the Contact lic vicen Owner acid DesigNBuilder Copyright 02002 National Society of Professional Engineers for EICDC All rights reserved Includes City of Fort Collins modifications dated 09/2004 20 7 02 Coordination A If Owner intends to contract with others for the performance of other work on the Project at the Site the following will be set forth in Supplementary Conditions 1 The individual or entity who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified 2 The specific matters to be covered by such authority and responsibility will be itemized, and 3 The extent of such authority and responsi bihties 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 Protect including any that may be raised by Design/Builder, 3 If requested in writing by DeslimBudder, furntsh reasonable evidence satisfactory to Design/Builder that sufficient funds are available and committed for the entire cost of the Protect Unless such reasonable evidence is furnished, Desinn/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. 5 Furnish the Site as set forth in paragrWh 401A 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 perfortrimg services under this Agreement Environmental assessment and impact statements b Property boundary easement right of way topographic and utility surveys Property descriptions Zoning deed and other land use re strictions e Engineering surveys to establish reference points for design and construction which in Owner s judgment are necessary to enable Design/Builder to proceed with the Work f Assistance to Design/Builder in filing documents required to obtain necessary permits licenses and approvals of governmental authorities having jurisdiction over the Project g Permits licenses and approvals of government authorities Owner is specifically required to obtain by the Contract Documents and h All subsurface data at or contiguous to the Site which Owner may have obtained 7 Review Submittals subiect to Owner review pursuant to paragraph 6 17 A, and 8 Provide information known to or in the possession of Owner relating to the presence of materials and substances at the Site which could create a Hazardous Environmental Condition 8 02 Insurance A Owner s responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in Article 5 8 03 Linutations on Owner s Responsibilities 4 Make payments to Design/Builder Promptly A The Owner shall not supervise direct or have when they are due as provided in paragraph 13 03 and control or authority over nor be responsible for 1313 08 Design/Builder s means methods techniques sequences or procedures of construction or the safety precautions and EJCDC D-700 Standard General Conditions of the Contact Between Owner and Design/Balder Copyright 02002 National Society of Professional Engineers for EJCDC All nghts reserved Includes City of Fart Collins modifications dated 09/2004 21 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/Builders failure to perform the Work in accordance with the Contract Documents 8 04 Undisclosed Hazardous Environmental Condition A Owners 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 04 805 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 Aqthin the general seepe of h CentEae 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 1204 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 B This decision will be final and binding unless the claiming party gives notice of intention to exercise its rights under Article 15 within 30 days of receipt of the decision and exercises such rights within 30 days of giving the notice of intent D Time Limit Extension The time limits of paragraphs 9 03 B and 9 03 C 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 (il ordered by Owner pursuant to paragraph 9 01, (u) 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 (tit) agreed to by the parties, and 2 Changes in the Contract Price or Contract Times which are agreed to by the parties including any undisputed sum or amount of time for Work actually performed in accordance with a Work 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 18 905 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 EICDC D 700 Standard General Conditions of the Conlracl Between owner and DesigNBudder Copyright 02002 National Society of Professrorul Engineers for EICDC All nghis reserved Includes Gty of FortCollins mo&ficanons dated 092004 22 applicable Bond will be adjusted to reflect the effect of any such change 9 06 Effect of Chance 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 B I Payroll costs for employees in the direct employ of Desim/Builder in the performance of the Work under schedules of iob classifications agreed upon by Owner and Design/Builder a Such employees shall include without limitation superintendents foremen and other personnel employed full time at the Site Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work Payroll costs shall nielude but net -be 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 and renrenient benefits holiday pa applicable thereto The expenses of performing Work after regular working hours on Saturday Sunday or ILegal 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 providing 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 incornorated in the Work, including costs of transportation and storage thereof, and Suoollers' field services required in connection therewith All cash discounts shall accrue to Design/Builder unless Owner deposits funds with Deslen/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 Desum/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 01 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 Subcontractors 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 subiect 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, surveyors attorneys and EJCDC D-700 Standard General Condit.. of the Contract Between Owner and DesigNBuilder Copyright C92002 National Society of Professional Engineers for EICDC All nbhts reserved Includes City of Fort Collins modifications dated 09/2004 23 The site is located approximately 25 miles north of Fort Collins and is bordered on the west by Lanmer County s Red Mountain Open Space and on the north by the City of Cheyenne s Cheyenne Ridge Most of the eastern boundary is adjacent to the City of Fort Collins Utilities Meadow Springs Ranch The south edge is bordered by private properties Elevations on the site range from 6 000 feet on the eastern edge to 7 200 on the western boundary with the Red Mountain property Research conducted by the City of Fort Collins Natural Areas Program staff Colorado Natural Heritage Program Rocky Mountain Bird Observatory and other organizations has noted that Soapstone Prairie is home to globally rare ecosystems and prairie grasslands that offer high quality critical habitat for wildlife including pronghorn swift fox black -tailed prairie dogs and mule deer Soapstone Prairie is also one of the last places in Colorado where elk still venture out onto the plains The land supports more than 130 species of birds including nesting golden eagles and burrowing owls prairie falcons ferruginous hawks long -billed curlews and mountain plovers An amazing array of wetland and riparian systems including marshes seeps springs and streams support the federally threatened Colorado butterfly plant and other imperiled plant species Areas of gnarled and aged junipers centuries -old ponderosa pines and even a relict stand of aspen are found in western sections of the property Culturally Soapstone Prairie is rich in human history dating back thousands of years The most significant cultural feature on Soapstone Prairie is the Lindenmeier Archaeological Site a National Historic Landmark Recognized worldwide as one of the most well-preserved and extensive Folsom occupations in the American West the history of the Lindenmeier Archaeological Site dates back over 12 000 years This site was excavated in the 1930 s by the Smithsonian Institution and the Colorado Museum of Natural History (now known as the Denver Museum of Nature and Science) and many of the artifacts collected at that time are archived and on display at the City of Fort Collins Museum The majority of the collection is at the Smithsonian Institution and a smaller collection is housed at the Denver Museum of Nature and Science In addition archaeological surveys conducted in the summers of 2006 and 2007 by researchers from Colorado State and Southern Methodist Universities documented numerous sites of other cultural interest on the property Currently Soapstone Prairie Natural Area is leased for cattle grazing Pedestrian use on open space lands is a staple recreation and many natural areas are designated as on -trail only to help protect sensitive resources Because of its large size sensitive ecosystems critical wildlife habitats important cultural and archaeological sites and easily eroded geological features Soapstone Prairie will also be designated as an on -trail only natural area In addition on -trail only use allows for cultural resources to remain in place and for the unique opportunity to interpret these features within the landscape in which they occur The City of Fort Collins has prepared a management plan for Soapstone Prairie Natural Area and a conceptual trail plan (see map Page 3) Both the management plan and conceptual trail plan have been reviewed by the public adjacent landowners Colorado Division of Wildlife and the City of Fort Collins Land Conservation Stewardship Board The conceptual trail plan for Soapstone Prairie currently includes two phases accountants) emploved for services specifically related to the Work 6 Supplemental costs including the following items a The proportion of necessary transports tion travel and subsistence expenses of Design/Builders 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 abovel 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/Builders officers executives principals (of partnerships and sole propnetorships) 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/Builders 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/Builders fee 2 Expenses of Design/Bwlder s principal and branch offices other than Design/Builders office at the Site 3 Any part of Design/Builder s capital expenses including interest on Design/Builders 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 01 A E1CDC D 700 Standard General Conditions ofthe Contract Between Owra,rand Design/Builder Copyright C92002 National Society of Pmfessu nal Engineers for E1CDC All nghts reserved Includes Gty of Fort Collins modifications dated 09/2004 24 C Design/Builders Fee When all the Work is performed on the basis of cost plus Design/Builder s fee shall be as set forth in the Agreement When the value of the Work covered by a Change Order is determined on the basis of Cost of the Work Design/Builder s fee shall be determined as set forth in paragraph 11 01 C D Documentation Whenever the cost of any Work is to be determined pursuant to paragraph 10 01 A and 10 01 B 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 I 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 Desum/Builder differs materially and significantly from the estimated quantity of such item indicated in the Contract Documents 2 there is no correspondmg admstment 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 Desien/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 lone 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 1101 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 ones to the quantities of the items involved (subject to the provisions of paragraph 1003),o 2 Where the Work involved is not covered by unit pnces contained in the Contract Documents by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit E7CDC D 700 Standard General Conditions of the Contract Between Owner and Design Builder Copyright (12002 National Society of Protbssioral Engineers for EJCDC All nghts reserved Includes City of Pon Collins modifications dated 092004 25 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 to a lump sum is not reached under paragraph 11 01 B 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 C) C Design/Builder s Fee The Design/Builder s fee for overhead and profit on Change Orders shall be determined as follows 1 A mutually acceptable fixed fee, or 2 If a fixed fee is not agreed 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 01 A 1 a and 10 01 A 2 the Design/Builder's fee shall be 43 three percent It For costs incurred under paragraph 1001A3 1001A4 1001A5 and 1001A6 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 1 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 01 A 1 and 10 01 A 2 and that any higher tier Subcontractor and Design/Builder will each be paid a fee e€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 1101 C 2 a through 11 01 C 2 d inclusive f No fee shall be payable on the basis of costs itemized under paragraphs 10 01 A 5. 10 01 A 6, or 10 01 B 1102 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/Builders 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 Tunes 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 1102 C EICDC D-700 Standard General Conditions of the Contact Between Owner and Design/Builder Copynght 02002 National Society of Professional Engineers for EJCDC All rights reserved Includes City of Fort Collins modifications dated 09/2004 26 E Owner and Owner s Consultant shall not be liable to Design/Builder for any claims costs losses or damages (including but not limited to all fees and charges of engineers architects attorneys and other professionals and all court or arbitration or other dispute resolution costs) sustained by Design/Builder on or in connection with any other project or anticipated project F Design/Builder shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Design/Builder Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Design/Builder ARTICLE 12 — TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION OR WORK 12 01 Notice of Defects A Owner shall give Design/Builder prompt written notice of all defective Construction or Work of which Owner has actual knowledge All defective Construction or Work may be rejected corrected or accepted as provided in this Article 12 12 02 Access to Construction A Owner Owners 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 Constnaetten 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/ Budder shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections tests or approvals required for Owners 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/Builders 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 (it) costs incurred in connection with tests or inspections conducted pursuant to paragraph 12 04 B below shall be paid as provided in said paragraph 12 04 B and (in) 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 Owners 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 others Design/Builder at Owner s request shall uncover expose or otherwise make available for observation inspection or testing as Owner may require that portion of the Construction in question furnishing all necessary labor material and equipment If it is found that such Construction is defective Design/Builder shall pay all 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 EJCDC D-700 Standard General Condniona of the Contract Between Owaerand Des gNBunlder Copyright 02002 National Society of Professional Engineers for EJCDC All nghts reserved includes Cny of FortColhnv modifications dated 09/2004 27 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 Eensttustten 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 tlus right for the benefit of Design/Builder or any surety or other party 12 06 Correction or Removal of Defective Construction or Work A Owner will have authority to disapprove or reject defective Construction or Work and will have authority to require special inspection or testing of the Construction or Work whether or not the Construction or Work is fabricated installed or completed If required by Owner 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 (1) 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 (it) 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, ansing 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 Owners evaluation of and determination to accept such defective Construction or Work If any such acceptance occurs prior to final payment a Change Order will be issued incorporating the necessary revisions in the Contract Documents and Owner shall be entitled to an appropriate decrease in the Contract Price reflecting the diminished value of the Construction or Work so accepted If the parties are unable to agree as to the amount thereof Owner may make a Claim therefor as provided in Article 9 If the acceptance occurs after final payment an appropriate amount will be paid by Design/Builder to Owner 12 09 Owner May Correct Defective Construction or Work A If Design/Builder fails within a reasonable time after written notice from Owner to correct defective Construction or Work or to remove and replace rejected Construction or Work as required by Owner in accordance with paragraphs 12 06 A or 12 07 A or if Design/Builder fails to perform the Construction or Work in accordance with the Contract Documents or if Design/Builder fails to comply with any other provision of the Contract Documents Owner may after seven days written notice to 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 EICDC D 700 Stendavl General Condnions of the Contract Between Owner and Design, Builder Copyn6ht (02002 National Society of Pmfessioiul Engineers for FJCDC All rights reserved Includes City of FortCollins modifications dated 09/2004 28 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 Owners 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 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 Owners 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 vend 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 DesiWBmlder 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 Proceedmgs 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 DESIGNBUILDER 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 Bmlder and other arrangements to protect Owners 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/Builders legitimate obligations associated with prior Applications for Payment C The amount of retainage with respect to progress payments will be as stipulated in the Agreement D Any funds that are withheld by Owner shall not be subject to substitution by Design/Builder with securities or any arrangements involving an escrow or custodianship By executing the Application for Payment form Design/Builder expressly waives lus right to the benefits of Colorado Revised Statutes Section 24 91 101 et seq 13 03 Review of Applications for Progress Payments A Procedure Progress payments shall be made by the Owner to the Design/Builder according to the following procedure 1 Owner will, within ten days of receipt of each Application for Payment, either indicate in writing its acceptance of the Application and state that the Application is being processed for payment, or return the Application to Design/Builder indicating in writing its reasons for refusing to accept the Application Not more than ten days after accepting such Application the amount will become due and when due will be paid by Owner to 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 EJCDC D 700 Standard General CondNoos of the Contract Between Ownerand Design, Builder Copyright c(02002 National Society of Professrmral Engineers for FJCDC All nt,hts reserved Includes City of Fort Collins modifications dated 09/2004 29 Desten/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 marl 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 Protect by Owner shall constitute an acceptance of any Work not in accordance with the Contract Documents B Reduction in or Refusal to Make Payment Owner may refuse to make the whale 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 paragraph 12 09 A, or 4 Owner has actual knowledge of the occurrence of any of the events enumerated in paragraphs 13 03 B 1 through 13 03 B 3 inclusive, or paragraphs 14 02 A 1 through 14 02 A 3 inclusive, or 5 Claims have been made against Owner on account of 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 (it) 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 FJCDC 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 modifications dated 09 2004 30 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 Desiwi/Builder at any time may notify Owner in writing that Desien/Builder considers anv 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 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 hart of the Work to be substantially complete, Owner will notify Desivi /Builder in writing giving the reasons therefor If Owner considers that part of the Work to be substantially comolete, 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 m respect thereof and access thereto 2 No use or occupancy of cart of the Construction will be accomplished pnor to compliance with the requirements of paragraph 5 10 re arg dine 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 operatmg 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, (u) consent of the surety, if any, to final Payment and (n) complete and legally effective releases or waivers (satisfactory to Owner) of all Liens ansing 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 (1) the releases and receipts include all labor, services, material and equmment for which a Lien could be filed, and (ti) all pavrolls, material and equmment 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 ftimish 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/Budder, subject to paragraph 16 05 A 1 and 16 05 A 2 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/Builders 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 retamage stipulated in the Agreement and if Bonds have been furnished as required in paragraph 5 01 A the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by 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 EJCDC D 700 Stadatd General Conditions of the Contact Between owner and DesrgNBwlder Copyright 02002 Nata red Society ofEm&ssrortal Engineers for EICDC All nt,hts reserved Includes City of Fort Collins tnodificanoris dated 092004 31 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 ansmg from unsettled Liens, from defective Construction anpeanng after final inspection pursuant to paragraph 13 07, from failure to comply with the Contract Documents or the terms of any special guarantees specified therem, or from Desum/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 €eF Caase A Upon Tthe occurrence of any one or more of the following events jus0fies tofmifiation feF eauqe Owner may terminate this Agreement as Provided herein 1 Desilm/Builders oersistent failure to Derform 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 ursuant to Paragraph 6 0 2 Design/Builders disregard of Laws or Regulations of any public body having iunsdiction 3 Design/Builders 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 DesignBuilder (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 B 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 Dnor to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work FJCDC D 700 Standard General Conditions of the Contract Between Owner and Design, Bwider Copyright 02002 National Soc cry of Professional Engineers for EICDC All rights reserved includes City of Fort Collins modifications dated 09/2004 32 2 Expenses sustained prior to the effective date of termination in performing services and fiunishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses, and 3 Amounts paid in settlement of terminated contracts with Subcontractors, Suppliers and others (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs incurred in connection with termination of contracts with Subcontractors, Suppliers and others), and 4 Reasonable expenses directly attributable to termination B Except as provided in paragraph 14 03 C Design/Builder shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination 14 04 Design/Builder May Stop Work or Terminate A If through no act or fault of 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/Builder any sum finally determined to be due then Design/Builder may upon seven days written notice to Owner and provided Owner does not remedy such suspension or failure within that time terminate the Agreement and recover from Owner payment on the same terms as provided in paragraph 14 03 A In lieu of terminating the Agreement and without prejudice to any other right or remedy if Owner has faded 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/Builders stopping Work as permitted by this paragraph ARTICLE 15 — DISPUTE RESOLUTION 15 01 Methods and Procedures A Dispute resolution methods and procedures if any shall be as set forth in the Supplementary Conditions If no such method and procedure has been set forth Owner and Design/Builder may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute ARTICLE 16 — MISCELLANEOUS 16 01 Giving Notice A Whenever any provision of the Contract Documents requires the giving of written notice it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended or if delivered at or sent by certified mail postage prepaid to the last business address known to the giver of the notice 16 02 Computation of Times A When any period of time is referred to in the Contract Documents by days it will be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction such day will be omitted from the computation 16 03 Cumulative Remedies A The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to and are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by 1 Laws or Regulations, or 2 any special warranty or guarantee, or 3 other provisions of the Contract Documents B The provisions of paragraph 16 03 A will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty obligation right and remedy to which they apply EJCDC D 700 Standard General Conditions ofthe Contact Between Owner and DestgNnudder Copyright (02002 National Society of Professional Eng nears for EJCDC All righta reserved Includes City of Fort Contra aodtficarona dated 09/2004 33 Phase I has three separate trail systems located in different areas of Soapstone Prairie Natural Area The trails will consist of four types of trails ADA hike hike/bike and all - use There will be no motorized use trails Trail construction may need to accommodate livestock grazing (e g fences 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 (to be provided under separate contract) would need to be contacted immediately The following map indicates the conceptual trails plan at full build -out including approximately 39 miles of public access trails Actual locations of some trails will differ from the conceptual trail map below — final trail locations will be determined as crews work to find suitable terrain scenic view points and appropriate accessibility Hiking opportunities will be available on all trails mountain biking will be available on all but the western loop near the Lindenmeier site parking area and equestrians will have access to most trails in the southern two-thirds of the property A portion of trail at the Lindenmeier Site will be 100% ADA compliant Trail construction will be phased in over time 16 04 Survival of Obligations A All representations indemnifications warranties and guarantees made in required by or given in accordance with the Contract Documents as well as all continuing obligations indicated in the Contract Documents will survive final payment completion and acceptance of the Work and termination or completion of the Contract 16 05 Controlling Law A ateeeFdance .wth the la of the plaeo of the n_E...et The laws of the State of Colorado shall apply to this Agreement including but not limited to the following pertinent Colorado statutes 1 Colorado Revised Statutes (CRS 8 17 101) requires that Colorado labor be employed to perform the work to the extent of not less than 80 percent (80%) of each type or class of labor in the several classifications of skilled and common labor employed on the project Colorado labor means any person who is a bona fide resident of the State of Colorado at the time of employment without discrimination as to race color creed age religion or sex 2 If a claim is filed Owner is required by law (CRS 38 26 107) to withhold from all payments to Design/Builder sufficient funds to insure the payment of all claims for labor materials team hire sustenance provisions provender or other supplies used or consumed by Design/Builder or his Subcontractors in or about the performance of the work Such funds must be withheld until said claims have been paid or such claims as filed have been withdrawn such payment or withdrawn to be evidenced by filing with Owner a receipt in full or an order for withdrawal in writing and signed by the person filing such a claim or his duly authorized agents or assigns Such funds shall not be withheld longer than ninety (90) days following the date fixed for final settlement as published in a public newspaper in accordance with the law unless an action is commenced within that time to enforce such unpaid claim and a notice of 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 E1CDC D-700 Standard General Conditions of the Contract Between owner and DesigNBudder Copyright C(02002 National Society of Professional Engineers for E1CDC All rights reserved Includes City of Fort Collins rt idficationa dated 09/2004 34 SECTION 00800 SUPPLEMENTARY CONDITIONS SC 4 Diffefing Site Conditions 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 oflnsurance Additional Insureds ADD the following language in Section 5 06 Paragraph A I PreReBuilders 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) Design/Builder shall be responsible for the fast $10,000 of any insurable loss under this op lice This insurance will SC 8 Changes in Work ADD the following Paragraph to ARTICLE 8 Paragraph 8 05 B 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 other job 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 7/96 Section 00800 Page 1 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 ofjob 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/Builder 7/96 Section 00800 Page 2 Bobcat Ridae Bobcat Ridge Natural Area 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 5 000- to 7 200-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 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 tips rings Approximately 16 miles of hiking biking and horseback riding trails were built in 2006 and 2007 and are open to public use The 4-mile Valley Loop Trail is all -use with approximately 0 25 miles in crusher fine surface From the point where the crusher fine ends to the historic homestead cabin the trail grades are at or near ADA standards This portion of the trail will be converted to crusher fines Contract Phases Phase I of trail construction will consist of approximately 14 miles of 24 — 48 natural surface trail at Soapstone Prairie This work will include two loops from the future north parking lot in the vicinity of the Lmdenmeier Site/ Roman Cabin area a connection from the northwest corner of Soapstone Prairie Natural Area to Red Mountain Open Space and a loop trail from the south parking lot W