03_C800 Supplementary Conditions_2023.pdf

EJCDC® C-800, Supplementary Conditions of the Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Definitions and Terminology

Article 2— Preliminary Matters

Article 3— Contract documents: inetent, requirements

Article 4— Commencement and Progress of the Work

Article 5— Site, Subsurface and Physical Conditions, Hazardous Environmental Conditions

Article 6— Bonds and Insurance

Article 7— Contractor’s responsibilities

Article 8— Other Work at the Site

Article 9— Owner’s responsibilities

Article 10— Engineer’s Status During Construction

Article 11— Changes to the Contract

Article 12— Claims

Article 13— Cost of Work; Allowances, Unit Price Work

Article 14— Tests and Inspections; Correction, Removal, or Accceptance of Defective Work

Article 15— Payments to Contractor, Set Offs; Completions; Correction Period

Article 16— Suspension of Work and Termination

Article 17— Final Resolutions of disputes

Article 18— Miscellaneous

Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT

These Supplementary Conditions amend or supplement EJCDC® C-700, Standard General Conditions of the Construction Contract (2018). The General Conditions remain in full force and effect except as amended.

The terms used in these Supplementary Conditions have the meanings stated in the General Conditions.

Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof.

The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added—for example, “Paragraph SC-4.05.”

ARTICLE 1—DEFINITIONS AND TERMINOLOGY

No Supplementary Conditions in this Article.

ARTICLE 2—PRELIMINARY MATTERS

2.02 Copies of Documents

SC-2.02 Amend the first sentence of Paragraph 2.02.A. to read as follows:

“Owner shall furnish to Contractor two printed copies of the Contract Documents (including one fully signed counterpart of the Agreement), and one in electronic portable document format (PDF).”

2.06 Electronic Transmittals

SC-2.06 Add the following new paragraphs immediately after Paragraph 2.06.C:

“D. Any electronic files provided to the contractor which are not part of the contract documents, including AutoCAD .dwg files, are provided for the sole use of the Contractor.

Owner and Engineer assume no responsibility for the accuracy or completeness of files, and any reuse of such electronic data for any purpose shall be at the at Recipient’s sole risk. In the case of any discrepancies or defects in the files, the hard copy files shall govern.”

ARTICLE 3—CONTRACT DOCUMENTS: INETENT, REQUIREMENTS

No Supplementary Conditions in this Article.

ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK

4.03 Reference Points

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SC-4.03 Add the following language to the end of paragraph 4.03A:

“Contractor shall be responsible for all construction survey, staking, and layout under the construction surveying item. Any land monuments destroyed or moved by the Contractor shall be reset by a registered Colorado land surveyor at the Contractor’s expense.”

4.05 Delays in Contractor’s Progress

SC-4.05 Amend Paragraph 4.05.C by adding the following subparagraphs:

“5. Weather-Related Delays

a. If “abnormal weather conditions” as set forth in Paragraph 4.05.C.2 of the General Conditions are the basis for a request for an equitable adjustment in the Contract Times, such request must be documented by data substantiating each of the following: 1) that weather conditions were abnormal for the period of time in which the delay occurred, 2) that such weather conditions could not have been reasonably anticipated, and 3) that such weather conditions had an adverse effect on the Work as scheduled.

b. The existence of abnormal weather conditions will be determined on a month-by-month basis in accordance with the following:

1) Every workday on which the following conditions exist will be considered a “bad weather day”:

i) Total precipitation (as rain equivalent) occurring between 7:00 p.m. on the preceding day (regardless of whether such preceding day is a workday) through 7:00 p.m. on the workday in question equals or exceeds 0.50 inches of precipitation (as rain equivalent, based on the snow/rain conversion of 8 inches snow/1 inch of rain equivalent.

2) Determination of actual bad weather days during performance of the Work will be based on the weather records measured and recorded by the nearest weather monitoring station or by engineer’s daily reports.

3) In each month, every bad weather day exceeding seven days per month will be considered as “abnormal weather conditions.” The existence of abnormal weather conditions will not relieve Contractor of the obligation to demonstrate and document that delays caused by abnormal weather are specific to the planned work activities or that such activities thus delayed were on Contractor’s then-current Progress Schedule’s critical path for the Project.

c. Abnormal weather conditions may give rise to an adjustment in contract time.

Abnormal weather conditions will not give rise to an adjustment in contract cost.”

ARTICLE 5—SITE, SUBSURFACE AND PHYSICAL CONDITIONS, HAZARDOUS ENVIRONMENTAL

CONDITIONS

5.02 Use of Site and Other Areas

SC-5.02 Add the following language to the end of paragraph 5.02.A.1:

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

“The Contractor is responsible for obtaining any storage or staging areas that cannot be located on the Site or easements. The Contractor shall provide copies of agreements with the owners of the property where these activities are taking place.”

5.03 Subsurface and Physical Conditions

SC-5.03 Add the following new paragraphs immediately after Paragraph 5.03.D:

“E. The following table lists the reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data, and specifically identifies the Technical Data in the report upon which Contractor may rely: [If there are no such reports, so indicate in the table.]

Report Title Date of Report Technical Data None [Identify Technical Data]

F. The following table lists the drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data, and specifically identifies the Technical Data upon which Contractor may rely: [If there are no such drawings, so indicate in the table.]

Drawings Title Date of Drawings Technical Data

G. Contractor may examine copies of reports and drawings identified in SC-5.03.E and SC-5.03.F that were not included with the Bidding Documents at 1095 Airport Road, Breckenridge, CO 80424 during regular business hours, or may request copies from Engineer.”

5.05 Underground Facilities

SC-5.03 Add the following new paragraph immediately after Paragraph 5.05.A.5

“6. “The plans and contract documents may not show all existing utilities and the Town does not warranty the accuracy of any utility locations and mapping. The Town assumes no liability for any utilities not shown on the contract documents or shown incorrectly on any documents. It is the Contractor’s sole responsibility to verify all utility locations before beginning the work. Major utility companies service Breckenridge are as follows:

Water – Town of Breckenridge Water Division

Wastewater – Upper Blue Sanitation District Electric and Gas – Xcel Energy

Telecommunication – Xfinity, Lumen, and Allo Communications (Breck 9600)”

5.06 Hazardous Environmental Conditions

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

SC-5.06 Add the following new paragraphs immediately after Paragraph 5.06.A.3:

“4. The following table lists the reports known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, and the Technical Data (if any) upon which Contractor may rely: [If there are no such reports, so indicate in the table]

Report Title Date of Report Technical Data

5. The following table lists the drawings known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, and Technical Data (if any) contained in such Drawings upon which Contractor may rely: [If there are no such drawings, so indicate in the table]”

Drawings Title Date of Drawings Technical Data None

ARTICLE 6—BONDS AND INSURANCE

6.01 Performance, Payment, and Other Bonds

SC-6.01 Add the following paragraphs immediately after Paragraph 6.01.A:

“1. Performance and Payment Bonds shall comply with the requirements of Section 38-21- 106, C.R.S. These bonds shall remain in effect for two years after substantial completion.

2. Required Performance Bond Form: The performance bond that Contractor furnishes will be in the form of EJCDC® C-610, Performance Bond (2010, 2013, or 2018 edition).

3. Required Payment Bond Form: The payment bond that Contractor furnishes will be in the form of EJCDC® C-615, Payment Bond (2010, 2013, or 2018 edition).”

SC-6.01 Add the following paragraphs immediately after Paragraph 6.01.B:

“1. The correction period specified as one year after the date of Substantial Completion in Paragraph 15.08.A of the General Conditions is hereby revised to be two years after Substantial Completion. The performance and payment bond shall stay in full effect and warranty the repair of any defects for a period of two years. During the warranty period, the Contractor shall guarantee the work to be free from all defects and replace all defective work at no cost to the Town.”

SC-6.01 Add the following sentence at the end of Paragraph 6.01C:

“All bonds are subject to the approval of Owner’s counsel.”

6.03 Contractor’s Insurance

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

SC-6.03 Supplement Paragraph 6.03 with the following provisions after Paragraph 6.03.C:

“E. Workers’ Compensation and Employer’s Liability: Contractor shall purchase and maintain workers’ compensation and employer’s liability insurance, including, as applicable, United States Longshoreman and Harbor Workers’ Compensation Act, Jones Act, stop-gap employer’s liability coverage for monopolistic states, and foreign voluntary workers’ compensation (from available sources, notwithstanding the jurisdictional requirement of Paragraph 6.02.B of the General Conditions).

Workers’ Compensation and Related Policies Policy limits of not less than:

Workers’ Compensation State Statutory Applicable Federal (e.g., Longshoreman’s) Statutory Foreign voluntary workers’ compensation (employer’s responsibility coverage), if applicable

Statutory

Jones Act (if applicable) Bodily injury by accident—each accident N/A Bodily injury by disease—aggregate N/A Employer’s Liability Each accident $500,000 Each employee $500,000 Policy limit $500,000 Stop-gap Liability Coverage For work performed in monopolistic states, stop-gap liability coverage must be endorsed to either the worker’s compensation or commercial general liability policy with a minimum limit of:

F. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against claims for:

1. damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees,

2. damages insured by reasonably available personal injury liability coverage, and

3. damages because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom.

G. Commercial General Liability—Form and Content: Contractor’s commercial liability policy must be written on a 1996 (or later) Insurance Services Organization, Inc. (ISO) commercial general liability form (occurrence form) and include the following coverages and endorsements:

1. Products and completed operations coverage.

a. Such insurance must be maintained for three years after final payment.

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b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter.

2. Blanket contractual liability coverage, including but not limited to coverage of Contractor’s contractual indemnity obligations in Paragraph 7.18.

3. Severability of interests and no insured-versus-insured or cross-liability exclusions.

4. Underground, explosion, and collapse coverage.

5. Personal injury coverage.

6. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together). If Contractor demonstrates to Owner that the specified ISO endorsements are not commercially available, then Contractor may satisfy this requirement by providing equivalent endorsements.

7. For design professional additional insureds, ISO Endorsement CG 20 32 07 04 “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent.

H. Commercial General Liability—Excluded Content: The commercial general liability insurance policy, including its coverages, endorsements, and incorporated provisions, must not include any of the following:

1. Any modification of the standard definition of “insured contract” (except to delete the railroad protective liability exclusion if Contractor is required to indemnify a railroad or others with respect to Work within 50 feet of railroad property).

2. Any exclusion for water intrusion or water damage.

3. Any provisions resulting in the erosion of insurance limits by defense costs other than those already incorporated in ISO form CG 00 01.

4. Any exclusion of coverage relating to earth subsidence or movement.

5. Any exclusion for the insured’s vicarious liability, strict liability, or statutory liability (other than worker’s compensation).

6. Any limitation or exclusion based on the nature of Contractor’s work.

7. Any professional liability exclusion broader in effect than the most recent edition of ISO form CG 22 79.

I. Commercial General Liability—Minimum Policy Limits

Commercial General Liability Policy limits of not less than:

General Aggregate $1,000,000 Products—Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Bodily Injury and Property Damage—Each Occurrence $1,000,000

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J. Automobile Liability: Contractor shall purchase and maintain automobile liability insurance for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy must be written on an occurrence basis.

Automobile Liability Policy limits of not less than:

Bodily Injury Each Person $ 500,000 Each Accident $500,000 Property Damage Each Accident $500,000 [or] Combined Single Limit Combined Single Limit (Bodily Injury and Property Damage)

K. Contractor’s Professional Liability Insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance must cover negligent acts, errors, or omissions in the performance of professional design or related services by the insured or others for whom the insured is legally liable. The insurance must be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. The retroactive date on the policy must pre-date the commencement of furnishing services on the Project.”

Contractor’s Professional Liability Policy limits of not less than:

Each Claim $1,000,000 Annual Aggregate $1,000,000

6.04 Builder’s Risk and Other Property Insurance

SC-6.04 Supplement Paragraph 6.04 of the General Conditions with the following provisions:

F. Builder’s Risk Requirements: The builder’s risk insurance must:

1. be written on a builder’s risk “all risk” policy form that at a minimum includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment stored and in transit, and must not exclude the coverage of the following risks: fire; windstorm; hail; flood; earthquake, volcanic activity, and other earth movement; lightning; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke;

theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; and water damage (other than that caused by flood).

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

a. Such policy will include an exception that results in coverage for ensuing losses from physical damage or loss with respect to any defective workmanship, methods, design, or materials exclusions.

b. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake, volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk policies, by endorsement or otherwise, such insurance will be provided through other insurance policies acceptable to Owner and Contractor.

2. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract;

and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures.

3. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of contractors, engineers, and architects).

4. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier).

5. extend to cover damage or loss to insured property while in transit.

6. allow for the waiver of the insurer’s subrogation rights, as set forth in this Contract.

7. allow for partial occupancy or use by Owner by endorsement, and without cancellation or lapse of coverage.

8. include performance/hot testing and start-up, if applicable.

9. be maintained in effect until the Work is complete, as set forth in Paragraph 15.06.D of the General Conditions, or until written confirmation of Owner’s procurement of property insurance following Substantial Completion, whichever occurs first.

10 include as named insureds the Owner, Contractor, Subcontractors (of every tier), and any other individuals or entities required by this Contract to be insured under such builder’s risk policy. For purposes of Paragraphs 6.04, 6.05, and 6.06 of the General Conditions, and this and all other corresponding Supplementary Conditions, the parties required to be insured will be referred to collectively as “insureds.”

ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES

7.03 Labor; Working Hours

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SC-7.03 Delete Paragraph 7.03.C in its entirety and insert the following in its place:

“1. Work at the Site shall be performed between the hours of seven o’clock (7:00) A.M. and seven o’clock (7:00) P.M. Monday through Friday (except holidays), unless the Contractor obtains written consent from the Engineer to do the Work earlier or later than the stated hours, or on a weekend or holiday. Owner's holidays are: New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas Eve, and Christmas Day.”

7.09 Permits

SC-7.09 Add the following new paragraphs immediately after 7.09A:

“B. Contractor shall obtain a Town of Breckenridge Business License and shall maintain license throughout the project. Contractor shall also ensure that all subcontractors obtain a Town of Breckenridge Business License. Contractor shall also complete the Town of Breckenridge’s vendor form listing all subcontractors and vendors used on project.

C. Contractor shall obtain a Town of Breckenridge Right-of-Way Permit and shall maintain license throughout the project. Contractor shall meet all conditions and requirements of Right-of-Way Permit.”

7.10 Taxes

SC-7.10 Delete Paragraph 7.10.A in its entirety and insert the following in its place:

“A. Owner is a tax exempt entity. No sales or use tax shall be required to be paid by Contractor on material used in the performance of the work.”

7.18 Indemnification

SC-7.18 Delete Paragraph 7.18 in its entirety and insert the following in its place:

“7.18 Indemnification

A. To the fullest extent permitted by law, and in accordance with Section 13-50.5-102, C.R.S., Contractor shall indemnify and hold Owner, its officers, employees, and insurers, harmless from and against all liability, claims, and demands brought or asserted against Owner by a third party (a party who is not a party to the Contract) on account of injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, whether alleged, adjudicated, or otherwise, related to or in any manner connected with the Contract, to the extent that such injury, loss, or damage is caused by Contractor’s negligence or other fault, or the negligence or other fault of Contractor’s employees, agents, representatives, subcontractors, suppliers, or anyone else for whose acts Contractor is liable under applicable law. Contractor is not required to provide indemnification under this Section to the extent such liability, claim, or demand arises through the negligence or other fault of Owner, its officers, employees, or agents. As used in this Section, the term “fault” includes, but is not limited to, an intentional or willful wrongful act, or a breach of the Contract.

B. This indemnity provision is to be interpreted to require Contractor to indemnify and hold Owner harmless only to the extent and for an amount represented by the degree or percentage of negligence or other fault attributable to Contractor, or Contractor’s

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employees, agents, representatives, subcontractors, suppliers, or others for whose acts Contractor is liable under applicable law.

C. To the extent indemnification is required under this Section, Contractor shall reimburse Owner for all costs and expenses of litigation incurred by Owner related to the matter for which indemnification is required, including, but not limited to, court costs, expert witness fees, and reasonable attorney’s fees.

D. The extent of Contractor’s obligation to indemnify and hold Owner harmless under this Section shall be determined only after Contractor’s liability or fault has been determined by adjudication, alternative dispute resolution (if permitted by the Contract), or is otherwise resolved by mutual agreement between Contractor and Owner.

E. This indemnity provision applies only with respect to claims brought or asserted against Owner by third parties, and not to claims only between Contractor and Owner.

F. Owner’s officers, employees, and insurers are third party beneficiaries of this Section in accordance with its terms. However, any amendment, modification, or termination executed by Owner and Contractor is binding upon Owner’s officers, employees, and insurers.

G. All indemnity obligations required by the Contract shall survive the completion or termination of the Contract, and shall be fully enforceable thereafter, subject to any applicable statute of limitation.”

SC-7.20 Add the following paragraphs immediately after 7.19:

“7.20 Meetings. Contractor shall attend pre-construction meeting, pre-paving meetings, environmental pre-construction meetings, weekly progress meeting, and other meetings as determined by the Town. Contractor shall also attend Town inspections and site visits as needed throughout the project.

7.21 Mobilization. A site for a construction staging area and office is the Contractor’s responsibility. All temporary utilities will be the responsibility of the Contractor. A chemical toilet of suitable type shall be provided and maintained by the Contract at all times. All costs of mobilization and demobilization of equipment, materials, personnel, and other costs shall be included in the mobilization unit cost.

7.22 Removal. The contractor shall dispose of and remove all excess dirt, waste materials, and trash from the site. Removal of excess dirt shall be included in excavation item. Removal of waste and trash shall be included in the mobilization unit cost.”

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ARTICLE 8—OTHER WORK AT THE SITE

No Supplementary Conditions in this Article.

ARTICLE 9—OWNER’S RESPONSIBILITIES

No Supplementary Conditions in this Article.

ARTICLE 10—ENGINEER’S STATUS DURING CONSTRUCTION

10.03 Visits to Site

SC-10.02 Add the following language at the end of paragraph 10.02A:

“The Engineer may provide more continuous observation, but is not required to do so.”

10.03 Resident Project Representative

SC-10.03 Add the following new paragraphs immediately after Paragraph 10.03.B:

“C. The Resident Project Representative (RPR) will be Engineer's representative at the Site. RPR's dealings in matters pertaining to the Work in general will be with Engineer and Contractor.

RPR's dealings with Subcontractors will only be through or with the full knowledge or approval of Contractor. The RPR will:

1. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings (but not including Contractor’s safety meetings), and as appropriate prepare and circulate copies of minutes thereof.

2. Safety Compliance: Comply with Site safety programs, as they apply to RPR, and if required to do so by such safety programs, receive safety training specifically related to RPR’s own personal safety while at the Site.

3. Liaison

a. Serve as Engineer’s liaison with Contractor. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents.

b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-Site operations.

c. Assist in obtaining from Owner additional details or information, when required for Contractor’s proper execution of the Work.

4. Review of Work; Defective Work

a. Conduct on-Site observations of the Work to assist Engineer in determining, to the extent set forth in Paragraph 10.02, if the Work is in general proceeding in accordance with the Contract Documents.

b. Observe whether any Work in place appears to be defective.

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c. Observe whether any Work in place should be uncovered for observation, or requires special testing, inspection or approval.

5. Inspections and Tests

a. Observe Contractor-arranged inspections required by Laws and Regulations, including but not limited to those performed by public or other agencies having jurisdiction over the Work.

b. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work.

6. Payment Requests: Review Applications for Payment with Contractor.

7. Completion

a. Participate in Engineer’s visits regarding Substantial Completion.

b. Assist in the preparation of a punch list of items to be completed or corrected.

c. Participate in Engineer’s visit to the Site in the company of Owner and Contractor regarding completion of the Work, and prepare a final punch list of items to be completed or corrected by Contractor.

d. Observe whether items on the final punch list have been completed or corrected.

D. The RPR will not:

1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items).

2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents.

3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers.

4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction.

5 Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor.

6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer.

7. Authorize Owner to occupy the Project in whole or in part.”

ARTICLE 11—CHANGES TO THE CONTRACT

Add the following paragraphs after Paragraph 11.01:

“D. Pursuant to Section 24-91-103.6(2), C.R.S., Owner hereby states that:

1. The money which has been appropriated by the Town Council of the Town of Breckenridge for the work required under this Contract is equal to or in excess of the contract amount;

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2. No change order, as defined in Section 24-101-301(2), C.R.S., or other form of order or directive by the Owner requiring additional compensable work to be performed by Contractor, which work causes the aggregate amount payable under this Contract to exceed the amount appropriated for this original Contract, may be issued unless Contractor is given written assurance by the Owner that lawful appropriations to cover the costs of the additional work have been made and the appropriations are available prior to performance of the additional work or unless such work is covered by a remedy-granting provision in this Contract;

3. If the Owner directs the Contractor in writing to perform additional work under this Contract the Owner will reimburse the Contractor for its costs incurred in the performance of such additional work on a periodic basis until a change order for such additional work is finalized. For the purposes of this Section, “periodic basis” means monthly, unless payments to the Contractor are required to be made on some other basis under this Contract, in which event payments due to the Contractor under this Section shall be made on the same basis as other payments are required to be made to Contractor under this Contract. The periodic reimbursement due to Contractor under this Section shall not be made until the Contractor has submitted to the Owner an estimate of the anticipated cost of performing such additional work (including anticipated profit and overhead on the additional work if payment for such additional work will not be made on a fixed price basis) ,and such estimate has been approved by the Owner; and

4. If the work or services to be provided by Contractor are to be phased over a period of years, the provisions of this Subsection 1 of this Section apply only to the initial annual appropriation made by the Town Council of the Town of Breckenridge, and Contractor shall be notified by Owner of each subsequent annual appropriation as they occur.”

Add the following paragraphs after Paragraph 11.02 B:

“C. For any change order work to be paid by Lump Sum or Unit Price, Owner may request Contractor to submit a written change order proposal form stating quantities and costs of materials, labor, equipment, overhead, profit and all other costs. Rates shall be justified using the EquipmentWatch Rental Rate Blue Book or other sources acceptable to the Town Engineer and Contractor. Town Engineer shall review all submitted costs and approve if costs submitted are reasonable and consistent with contract unit costs, Rental Blue Book Rates, and other sources of construction industry costs.

D. The contractor shall perform unforeseen work, for which there is no price included in the contract, whenever the extra work is necessary or desirable for contract completion. This work shall be performed in accordance with the Contract and as directed, and will be paid for as provided under Article 11.”

ARTICLE 12—CLAIMS

No Supplementary Conditions in this Article.

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ARTICLE 13—COST OF WORK; ALLOWANCES, UNIT PRICE WORK

13.01 Cost of the Work

SC-13.01 Supplement Paragraph 13.01.B.5.c.(2) by adding the following sentence:

“The equipment rental rate book that governs the included costs for the rental of machinery and equipment owned by Contractor (or a related entity) under the Cost of the Work provisions of this Contract is the most current edition of the Rental Rate Blue Book.”

SC-13.01 Supplement Paragraph 13.01.C.2 by adding the following definition of small tools and hand tools:

“a. For purposes of this paragraph, “small tools and hand tools” means any tool or equipment whose current price if it were purchased new at retail would be less than $500. “

13.03 Unit Price Work

SC-13.03 Delete Paragraph 13.03.E in its entirety and insert the following in its place:

“E. Adjustments in Unit Price

1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if:

a. the extended price of a particular item of Unit Price Work amounts to ten percent or more of the Contract Price (based on estimated quantities at the time of Contract formation) and the variation in the quantity of that particular item of Unit Price Work actually furnished or performed by Contractor differs by more than twenty-five percent from the estimated quantity of such item indicated in the Agreement; and

b. Contractor’s unit costs to perform the item of Unit Price Work have changed materially and significantly as a result of the quantity change.

2. The adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in Contractor’s costs to perform such other Work, such that the resulting overall change in Contract Price is equitable to Owner and Contractor.

3. Adjusted unit prices will apply to all units of that item.”

SC-13.03 Add the following paragraph immediately after Paragraph 13.03.E:

“F. Measurement and Payment

1. Unit bid prices, as quoted in the bid schedule, shall constitute full compensation for all materials, labor, equipment, rentals, permits, overhead, profit, incidentals, risk, loss, damage, and all other items of work and expense required for the complete construction of each pay item per the plans specifications. Any items or like item not specifically mentioned as a bid item is considered incidental to the project and all costs associated with these items must be included in the listed bid items. Work or material

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

that are essential to the work, but for which there no pay items, will not be measured and paid for separately, but shall be included in other items of work.

2. Unless otherwise specified in the bid and contract documents, all bid items shall be paid by Engineer and Contractor measuring the completed work and paying the quantity measured.

3. Only work shown in the plans and specifications, or approved through a change order, will be paid. Additional work completed by the contractor, but not approved by Engineer, shall not be paid. Work outside the limits shown in the plans and specifications shall not be paid.

4. “Removal” items shall be measured prior to beginning “removal” work.

5. Contractor shall measure all items daily which cannot be measured after the completion of the work. Contractor shall submit an itemized list of work with backup data no less than weekly for the Engineer’s Review.

6. All pay applications shall include backup data showing Contractor’s measurements for verification by Engineer.

7. Bid items paid by area quantity (SF, SY, ACRE) shall be measured by square dimensions using mean length and mean width.

8. Bid items paid by volume quantity (CF, CY) shall be measured using the mean length and mean width to calculate area. The volume will then be calculated by multiplying the area measured by the thickness shown in the plans and specifications. Any additional depth/thickness installed, but not shown in the plans, will not be paid.

9. Bid items paid by Ton shall be paid by adding weight tickets obtained from the Contractor which measured material weights using certified scales at the source of the material.

10. Bid items paid by time (Hour, Day) shall be measured daily by Contractor and an itemized list of work shall be submitted to Engineer no less than weekly for Engineer’s review.

11. Bid items paid by lump sum or each shall include all items specified in the bid item description, as well as any expenses not listed but necessary for the completion of the work. Bid items paid be each shall be measured by counting the final number of items completed.

12. Bid items paid by linear dimension shall be paid by measuring the linear dimension at the item centerline.

ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCCEPTANCE OF DEFECTIVE

WORK

No Supplementary Conditions in this Article.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 15—PAYMENTS TO CONTRACTOR, SET OFFS; COMPLETIONS; CORRECTION PERIOD

15.01 Progress Payments

SC-15.01 Add the following language before Paragraph 15.01A:

“15.01 Progress Payments Progress payments shall be made in accordance with the provisions and requirements of Article 91 of Title 24, C.R.S. To the extent there is any conflict between Article 91 of Title 24, C.R.S. and the remainder of this Paragraph 15.01, Article 91 of Title 24, C.R.S. shall control.”

15.06 Final Payment

SC-15.06 Add the following language before Paragraph 15.01A:

“15.06 Final Payment Final payment shall be subject to the provisions and requirements of Section 38-26-107, C.R.S. To the extent there is any conflict between Section 38-26-107, C.R.S. and the remainder of this Paragraph 15.06, Section 38-26-107, C.R.S. shall control.”

15.08 Correction Period

SC-15.08 Add the following new Paragraph 15.08.G:

“G. The correction period specified as one year after the date of Substantial Completion in Paragraph 15.08.A of the General Conditions is hereby revised to be the number of years set forth in SC-6.01.B.1; or if no such revision has been made in SC-6.01.B, then the correction period is hereby specified to be two years after Substantial Completion.”

15.08 Correction Period

SC-15.08 Delete Paragraph 15.08.E in its entirety and replace with the following:

“Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of two years after such correction or removal and replacement has been satisfactorily completed.”

ARTICLE 16—SUSPENSION OF WORK AND TERMINATION

No Supplementary Conditions in this Article.

ARTICLE 17—FINAL RESOLUTIONS OF DISPUTES

No Supplementary Conditions in this Article.

ARTICLE 18—MISCELLANEOUS

18.01 Giving Notice

SC-18.01 Delete Paragraph 18.01 in its entirety and insert the following in its place:

“18.01 Notices

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

A. All notices required or permitted under this Contract shall be given by registered or certified mail, return receipt requested, postage prepaid, or by hand or commercial carrier delivery, or by telecopies directed as follows:

If intended for Owner, to:

Town of Breckenridge P.O. Box 168 150 Ski Hill Road Breckenridge, Colorado 80424 Attn: Rick G. Holman, Town Manager Telecopier number: (970)547-3104 Telephone number: (970)453-2251 with a copy in each case (which shall not constitute notice) to:

Kirsten Crawford 150 Ski Hill Road P.O. Box 168 Breckenridge, CO 80424 Telecopier number: (970)547-3104 Telephone number: (970)547-3117

If intended for Contractor, to:

[INSERT]

Telephone number: ________________ Telecopier number: ________________

Any notice delivered by mail shall be effective on the third business day after the same is deposited in any post office or postal box regularly maintained by the United States postal service. Any notice delivered by telecopier shall be effective upon receipt if concurrently with sending by telecopier receipt is confirmed orally by telephone and a copy of the notice is sent by certified mail, return receipt requested, on the same day to that intended recipient. Any notice delivered by hand or commercial carrier shall be effective upon actual receipt. Either party, by notice given as above, may change the address to which future notices may be sent. E-mail is not a valid means of delivering notice under this Contract.”

18.07 Controlling Law

SC-18.07 Delete Paragraph 18.07 in its entirety and insert the following in its place:

“18.07 Controlling Law

A. This Contract shall be interpreted in all respects in accordance with the laws of the State of Colorado, without regard to principles of conflicts of laws.”

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

18.11 Annual Appropriation

SC-18.11 Add the following paragraphs after Paragraph 18.10:

“18.11 Annual Appropriation

A. Notwithstanding anything herein contained to the contrary, the Owner’s obligations under this Contract are expressly subject to an annual appropriation being made by the Town Council of the Town of Breckenridge, Colorado in an amount sufficient to allow Owner to perform its obligations hereunder. If sufficient funds are not appropriated for the payment of sums due to Architect under this Contract, this Contract may be terminated by either party without penalty; provided, however, that such termination shall be treated as being for Owner’s convenience as provided in Paragraph 16.03. The Owner’s obligations under this Contract are not a general obligation indebtedness or multiple year direct or indirect debt or other financial obligation whatsoever within the meaning of the Constitution or laws of the State of Colorado.”

18.12 No Adverse Construction

A. Both parties acknowledge having had the opportunity to participate in the drafting of this Contract. This Contract shall not be construed against either party based upon authorship.

18.13 Attorneys Fees

A. If any action is brought in a court of law by either party to this Contract concerning the enforcement, interpretation or construction of this Contract, the prevailing party, either at trial or upon appeal, shall be entitled to reasonable attorney’s fees, as well as costs, including expert witness’ fees, incurred in the prosecution or defense of such action.

18.14 Venue; Waiver of Jury Trial

A. Venue for any legal action arising out of this Contract shall be proper only in Summit County, Colorado.

B. BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL IN ACTION TO ENFORCE,

INTERPRET OR CONSTRUE THIS CONTRACT.

18.15 Contractor Will Not Discriminate

A. Contractor agrees that it: (i) will not discriminate against any employee or applicant for employment because of race, color, creed, sex, sexual orientation, religion, national origin, or disability; (ii) will insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, sex, sexual orientation, religion, national origin, or disability; and (iii) will in all solicitations or advertisements for employees to be engaged in the performance of services under this Contract state that all qualified applicants will receive consideration for employment without regard to their race, color, creed, sex, sexual orientation, religion, national origin, or disability. Contractor shall further comply with all applicable federal, state, and local laws, rules and regulations.

Contractor shall indemnify the Town from any and all liability arising from Contractor’s failure to comply with all applicable laws or regulations.

18.16 Judicial Determination of Authority to Indemnify

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

A. Owner reserves the right to seek a judicial determination as to whether Owner has the authority under the Colorado Constitution to provide indemnification required under this Contract.

18.17 Third Party Beneficiaries

A. Except as provided in Section 7.18F, there are no third party beneficiaries of this Contract.

18.18 Terminology

A. Wherever applicable, the pronouns in this Contract designating the masculine or neuter shall equally apply to all genders. Furthermore, wherever applicable within this Contract, the singular shall include the plural, and the plural shall include the singular.

18.19 Authority

A. The individuals executing this Contract on behalf of each of the parties have all requisite powers and authority to cause the party for whom they have signed to enter into this Contract and to bind such party to fully perform its obligations as set forth in this Contract.

18.20 Keep Jobs in Colorado Act of 2013

A. This Contract IS subject to the provisions of the “Keep Jobs In Colorado Act of 2013,” (Section 8-17-101, et seq., C.R.S.). Contractor shall familiarize itself with and shall comply with the requirements of such law and the rules and regulations of the Colorado Department of Labor and Employment that apply to such law. Information concerning the law and the rules and regulations may be found at www.colorado.gov/cdle/labor.

Contractor understands that the law and the rules and regulations require that the Contractor employ not less than 80% Colorado labor to perform the work of the Contract unless a waiver of this requirement is granted by Owner pursuant to the law.”

http://www.colorado.gov/cdle/labor