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HomeMy WebLinkAbout 19-53 Communication Constr-Engineering-PD Fiber OpticRESOLUTION 19-53 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND COMMUNICATION CONSTRUCTION & ENGINEERING, INC., REGARDING CONSTRUCTION OF THE POLICE STATION FIBER OPTIC LINE PROJECT WHEREAS, the Town of Firestone is in need of construction services for its Police Station Fiber Optic Line Project ("Project"); and WHEREAS, Communication Construction &Engineering, Inc., has the skill and experience to perform the required services for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, The Agreement between the Town of Firestone and Communication Construction & Engineering, Inc., for construction of the Police Station Fiber Optic Line Project is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 26th day of June, 2019. AT EST: Leah Vanarsdall, Town Cleric AS TO FORM: "Town Attorney .y (Y ".C6 0) i ��` ��.elar, Mayor ' THIS AGREEMENT is by and between Town of Firestone ("Owner") and Communication Construction � En ineerin ,Inc, ("Contractor"), Owner and Contractor hereby agree as follows: 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The contract provides for the installation of a dedicated fiber Intranet between the Firestone Town Hall and the new Police Department and Municipal Court Building. The improvements include installation of conduit and single mode fiber between the buildings. The approximate distance of this project is 13,000 feet, Several locations along the proposed routes will require directional bores. Selected contractor will coordinate final alignment and extent of directional boring with design engineer and Town of Firestone prior to commencement of installation. 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Police Station Fiber Optic Line Project �• 3.01 The Project has been designed by Colorado Civil Group Inc. (Engineer), which is to act as Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents, � ., 4.01 Time of the Essence A, All time limits for Milestones, if any, Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.2 Days to Achieve Substantial Completion and Final Payr»enl This project will be completed by the substantial and September 23, 2019 and October 7, 2019 respectively. `2019 CCG Section 00520 02/11/19 Agreement Construction Documents -Addendum ai Page t of 1 final completion dates of Work can be planned as �� 0668.0189.02 - - �� ,-'" Town of Firestone �f�G �r' ✓ Fiber Optic Line Project 4.3 needed and desired by the selected contractor in order to meet their needs and schedules as long as the completion dates set forth are maintained. United Power, Black Hills Energy, Comcast, and Century Link may be installing new utilities along a portion of the same alignment on the west side of Park Avenue. The new Police Station will be under construction during this work. This work shall be coordinated with the Police Station Construction Manager (FCI Constructors Inc.), the utility companies, and the Town of Firestone. Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner one thousand four hundred dollars ($1,400.00) for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner one thousand four hundred dollars ($1,400.00) for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment. 5.1 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01 A below: A, For all Work, at the prices stated in the Contractor's Bid, attached hereto as an exhibit. 6.1 Submittal and Processing of Payments A. Contractor shall submit Applications far Payment General Conditions. Applications for Payment provided in the General Conditions, 6.2 Progress Payments; Retainage in accordance with Article 14 of the will be processed by Engineer as A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 4`^ Wednesday of each month, for the previous months work, during performance of the Work as provided in Paragraph 6.02 A 1 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07 A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. =2019 CCG Section 00520 _ 02/11/19 Agreement Construction Documents -Addendum #1 Page 2 of 1 ✓/ 0668.0189.02 Town of Firestone Fiber Optic Line Project 1. Prior to Substantial Completion, progress payments will be made 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 Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions. a. 90 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 90 percent of cost of materials and (with the balance being retainage), equipment not incorporated in the Work B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02 B 5 of the General Conditions and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.3 Final Payment A, Upan final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. 7.1 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 1_0 percent per annum. ARTICLE 8 —CONTRACTOR'S REPRESENTA►TIONS 8.1 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cast, progress and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating �2019 CCG Section 00520 0668.0189.02 02/11l19 Agreement Town of Firestone Construction Documents -Addendum #11 Page � of 1 /r Fiber Optic line Project to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-4.02 of the Supplementary Conditions as containing reliable "technical data", and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph SC406 of the Supplementary Conditions as containing reliable "technical data". E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site - related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations and documents on (1) the cost, progress and performance of the Work; (2) the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in Paragraph 8.01 E above, Contractor does not consider that further examinations, investigations, explorations, tests, studies or data are necessary for the performance of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, G. Contractor 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, H, Contractor has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J, Contractor shall perform no less than 50% of the work with their own forces. ARTICLE 9 —CONTRACT DOCUMENTS 9.1 Contents A, The Contract Documents consist of the following: 1. This Agreement (pages 1 to 7, inclusive), 2. Performance bond. 3. Payment bond. 4. General Conditions. 5. Supplemontary Conditions. a2019 CCG Section 00520 02/11/19 Agreement Construction Documents -Addendum #1 Page 4 of 1 0668.0189.02 Town of Firestone Fiber Optic Line Project 6, Specifications as listed in the table of contents of the Project Manual. i, Drawings with each sheet bearing the following general title and number of sheets (shown in parenthesis): "Police Station Fiber Optic Line Project" (10 Sheets) 8. Addenda (numbers i to 9, inclusive). 9. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid. b. Documentation submitted by Contractor prior to Notice of Award. 10. The following which may be delivered ar issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice #o Proceed. b. Work Change Directives. c. Change Orders. t3. The documents listed in Paragraph 9.01 A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified or supplemented as provided in Paragraph 3.04 of the General Conditions, 10.1 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.2 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract 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, 10.3 Successors and Assigns `2019 CCG Sec4ibn 00520 9 0668.0189.Q2 02r11r19 Agreement G f Town of Firestone Construction Documents -Addendum #1 Page 5 of 1 �� Fiber Optic Line Project A. Owner and Contractor 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, 10.4 Severabiiity A. 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 Contractor, 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. Contractor's Certifrcations A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2, "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract, IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on 14L JQ ) OWNER: CONTRACTOR Town of Firestone By: By: Title: _Mayor Title: (If Gontr 2019 CCG Section 00520 02/11/19 Aareememi Construction Documents -Addendum #1 Page G of 1 is a corporation, a partnership or 0668.0189 02 Tnwn eif Fire elnnn Fiber Optic Line Project Attest: Title: Towns Address for giving notices: 151 Grant Avenue P.O. Box 100 Firestone, CO 80520 a joint venture, attach sign.) Attest: Title: 0 Address for giving notice nce�f authority to `2019 CCG Section OQ520 0668.0189.02 02/11/19 Agreement Town of Firestone Construction Documents -Addendum #1 Page % of 1I j Fiber Optic Line Project 5, Construction Manager at Risk has considered the Information known to Construction Manager at Risk itself, and to Construction Subcontractors and Project Design Professionals that Construction Manager at Risk has selected as of the Effective Date; Information commonly known to design professionals, Construction Manager at Risks, and contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site -related reports and drawings (if any) identified in the Contract Documents or otherwise made available to Construction Manager at Risk, with respect to the effect of such Information, observations, and documents on (a) the cost, progress, and performance of the Works (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Construction Manager at Risks and (c) Construction Manager at Risk's safety precautions and programs, 6. Based on the information and observations referred to in the preceding paragraph, Construction Manager at Risk agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary prior to entry into the Contract at the Contract Price, subject to the Contract Times, 7. Construction Manager at Risk 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, 8. Construction Manager at Risk has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Construction Manager at Risk has discovered in the Contract Documents, and the written response from Owner is acceptable to Construction Manager at Risk. 9. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conons for performance and furnishing of the Work. 10. Construction Manager at Risk's entry into this Contract constitutes an incontrovertible representation by Construction Manager at Risk that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents, 7, 01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 6 ,inclusive). 2, Performance Bond: NOT USED. 3. Payment Bond: NOT USED, 4. Other Bonds: NOT USED, 5. General Conditions (pages 1 to 64 ,inclusive). 6. Supplementary Conditions (pages 1 to 6 ,inclusive). 7. Addenda a. Addendum 1 (pages 1 to 4 ,inclusive), 8, Construction Manager at Risk's Design Phase Services Proposal. 9. The following which may be delivered or Issued on or after the Effective Date of the Contract and are not attached hereto: FRSTN-0305 Page - 4 Construction Set —June 2019 Based on: EJCDC® D-520, Agreement Between Owner and Construction Manager at Risk on the Basis of a Stipulated Price. Copyright ©2D16 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Note: This document was developed based on EJCDC Standard Form Design and Construction Related Documents and has been modified as necessary. EJCDC retains all proprietary rights to these documents. ARTICLE 4 — PAYMENT PROCEDURES 9.01 Submittal and Processing of Payments A. Construction Manager at Risk shall submit Applications for Payment in accordance with Article 14 of the General Conditions, Owner will process Applications for Payment as provided in the General Conditions. 4.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Construction Manager at Risk's Applications for Payment on or about the 20th day of each month during performance of the Work as provided in Paragraph 4.02.A.I below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. B. NOT USED. C. NOT USED. 1. 03 Final Payment A. Upon final completion and acceptance of the Work In accordance with Paragraph 14.06 of the General Conditions, Owner shall pay the remainder of the Contract Price, ARTICLE 5 — INTEREST 5.01 Interest Rate A. All amounts not paid when due shall bear interest at the rate of 1.0 percent per annum, or if applicable at the rate stated in a governing prompt payment statute. ARTICLE 6 — CONSTRUCTION MANAGER AT RISK'S REPRESENTATIONS 6.01 Representations A. Construction Manager at Risk makes the following representations for Owner's reliance: 1. Construction Manager at Risk has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. 2. Construction Manager at Risk has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work, 3. Construction Manager at Risk is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Construction Manager at Risk has carefully studied all: (a) reports of explorations and tests of subsurface conditions at or adjacent to the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, If any, that Owner has identified or made available to Construction Manager at Risk, especially with respect to Technical Data in such reports and drawings, and (b) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site, that Owner has identified or made available to Construction Manager at Risk, especially with respect to Technical Data in such reports and drawings. FRSTN-0305 Page - 3 Construction Set —June 2019 Based on: EJCDC® D-520, Agreement Between Owner and Construction Manager at Risk on the Basis of a Stipulated Price. Copyright ©2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Note: This document was developed based on EJCDC Standard Form Design and Construction Related Documents and has been modified as necessary, EJCDC retains all proprietary rights to these documents, a. Presentation of material and equipment unit cost, quantities, and estimation assumptions. b. Presentation of labor costs and estimation assumptions. c. Presentation of a list of subcontractors and suppliers. 4. Using the 80% design documents, develop Guaranteed Maximum Price (GMPI Proposal (in accordance with the Contract Documents requirements), the minimum requirements include, a. Presentation of material and equipment unit cost, quantities, and estimation assumptions. b. Presentation of labor costs and estimation assumptions. c. Presentation of a list of subcontractors and suppliers. 5. Project Management Plan shall at a minimum include; a. Personnel, communication, permitting, and procurement plans. b. Project schedule. c. Cost Analysis and work breakdown structure. d. Risk register. ARTICLE 2 —CONTRACT TIMES 2, Ol Time of the Essence A. All time limits for Construction Manager at Risk's attainment of Milestones, if any, Substantial Completion, and completion and readiness for final payment, as stated in the Contract, are of the essence of the Contract. 2.02 Contract Times: Dates A. NOT USED, 2.02 Contract Times: Days A. Construction Manager at Risk will substantially complete the Work before December 31, 2019. B. NOT USED, 2.03 Liquidated Damages A. NOT USED, 3, 01 Stipulated Sums A. Owner shall pay Construction Manager at Risk for completion of the Scope of Work in accordance with the Contract Documents following baseline quantities (time and material not - to -exceed) at the hourly rates and man-hour estimates stated in Construction Manager at Risk's Proposal, attached hereto as an exhibit. B. NOT USED, 3.02 Changes /n Contract Price Based on Cost of the Wark A. NOT USED, B. NOT USED, FRSTN-0305 Page - 2 Construction Set —June 2019 Based on; EJCDC® D-520, Agreement Between Owner and Construction Manager at Risk on the Basis of a Stipulated Price. Copyright ©2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Note; This document was developed based on EJCDC Standard Form Design and Construction Related Documents and has been modified as necessary. EJCDC retains all proprietary rights to these documents. � � .., s � ' � � • � • . � � , . t � . . �, THIS AGREEMENT is by and between Town of Firestone ("Owner', and Integrated Water Services ("Construction Manager at Risk'. - • • �j Project: St. Vrain Water Treatment Plant Contract: St. Vrain Water Treatment Plant ("Contract's Engineer: Owner has retained Alan Plummer Associates, Inc. ("Engineer") for the performance of professional engineering services under this Contract. Owner and Construction Manager at Risk further agree as follows: ARTICLE 1—THE VI/OR6C 1.01 General Description of Work A. The Construction Manager at Risk shall participate in the design phase of the proposed project which is described by the following: 1. The proposed Project includes construction of a new greenfield water treatment facility (WTF) to treat alluvial and future surface water sources to provide potable water for municipal supply. The WTF processes will include pretreatment using flocculation and sedimentation, filtration using pressurized ultraflitration (UF) followed by reverse osmosis (RO) and disinfection using chlorination. Multiple chemical feed systems are required to support these processes. 2. Phase 1 design flow is 1.5 million gallons per day (MGD) with multiple equipment components sized and planned for a future Phase 2 expansion to 5 MGD. The OF system has been pre -procured by the Town of Firestone; the procurement contract with the Seller, Evoqua, will be assigned to the Contractor. The RO system has not been pre -procured and will be selected by the Contractor with Engineer approval. 3. Site infrastructure will include ground raw water storage. tanks, yard piping, dewatering system, RO reject holding tank, connection to water, sanitary, and dry utilities, parking and driveway areas. The proposed plant building is approximately 21,000 square feet with tilt up concrete walls and double tee roof. Multiple below grade concrete basins are proposed inside the plant footprint. 1.02 Scope of Work A. Construction Manager at Rlsk shall perform all activities below and necessary to complete the work: 1. Attend monthly, one -hour progress meetings via on -site or conference call. 2. Weekly review design documents; provide constructability reviews. 3. Using the 60% design documents, develop a Price Proposal (in accordance with the Contract Documents requirements); the minimum requirements include: FRSTN-0305 Page - 1 Construction Set —June 2019 Based on: EJCDC® D-520, Agreement Between Owner and Construction Manager at Risk on the Basis of a Stipulated Price. Copyright ©2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Note: This document was developed based on E)CDC Standard Form Design and Construction Related Documents and has been modified as necessary. EJCDC retains all proprietary rights to these documents, ,� �q�-�� a. Work Change Directives. b. Change Orders. c. Record Drawings and Record Specifications 10. Other Exhibits to this Agreement (enumerated as follows), a. Conceptual Drawings, material and equipment cut sheets and specifications. b. Proposal and Preliminary Technical Equipment Package, B. The documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 7, D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions, ARTICLE 8 — MISCELLANEOUS 8.01 Terms A. Terms used in this Agreement will have the meanings stated In the General Conditions and Supplementary Conditions, 8, 02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests In the Contract will be binding on the other party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is 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. 8.03 Successors and Assigns A. Owner and Construction Manager at Risk each binds itself, its successors, assigns, and legal representatives to the other party hereto, and Its successors, assigns, and legal representatives, in respect to all covenants, agreements, and obligations contained In the Contract. 8, 04 Severability A. Any provision or part of the Contract held to be vold 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 Construction Manager at Risk, who agree that the Contract 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. 8,05 Construction Manager at Risks Certifications A. Construction Manager at Risk certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8,05, 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; FRSTN-0305 Page - 5 Construction Set —June 2019 Based on; EJCDC® D-520, Agreement Between Owner and Construction Manager at Risk on the Basis of a Stipulated Price. Copyright ©2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Note; This document was developed based on EJCDC Standard Form Design and Construction Related Documents and has been modified as necessary. EJCDC retains all proprietary rights to these documents. 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 8.06 Other Provis/ons A. NOT USED. IN WITNESS WHEREOF, Owner and Construction Manager at Risk have signed this Agreement. This Agreement will be effective on `__ 1 � ,� ��,{__�.��� (which is the Effective Date of the Contract). i OWNER: Town of Firestone By: Name: Title: TOWN Address for giving notices: 151 Grant Avenue •9P 0 jr Orb [!f Owner Js a corporation, partnership, or LLC, attach evidence of authority to sign, If Owner is a public body, attach evidence of authority to sign and reso/udon or other documents authorizing execution of this Agreement.] MANAGER AT RISK: Name: off Thomas Title: VP [IfConstrucdon Manager at Rlsk is a corporation, parfiership, LLC, orajolnt venture, attach evidence of author to sign. In the case of a joint venture, expand the signature section to accommodate execution of the Agreement by an authorized representative of each joint venture.] Attest. Title: Secretary Address for giving notices: PO Box 774565 Steamboat Springs, CO 80477 NOTf(S) TO USER: Use in those states or otherjuNsdictions where licensing is applicable or required. FRSTN-0305 Page - 6 Construction Set —June 2019 Based on; E]CDC® D-520, Agreement Between Owner and Construction Manager at Risk on the Basis of a Stipulated Price. Copyright ©2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Note: This document was developed based on EJCDC Standard Form Design and Construction Related Documents and has been modified as necessary. EJCDC retains all proprietary rights to these documents.