Attachment C3

RFP-MS-65122

COLORADO SPRINGS UTILITIES

SC-4 Task Order Supplemental Conditions and Alterations

Contract Number 20xxxxxxx Exhibit A1

The following contract alterations are incorporated to enable the use of specific Task Orders to authorize and direct the specific Work to be performed hereunder, within the scope and description set forth in the referenced contract agreement, including all exhibits or attachments thereto and in accordance with the supplemental terms and conditions set forth below. The heading of this contract is hereby revised to reflect “CONTRACT AGREEMENT ON THE BASIS OF A STIPULATED PRICE AND TASK ORDER. For purposes of these Supplemental Conditions and Alterations only (hereafter, this “Supplement”), and not any other Contract Documents, any CONTRACTOR, ENGINEER, ARCHITECT or DESIGN/BUILDER identified as a party to the above-referenced Contract shall be referred to as “CONTRACTOR.”

Part I – Contract Agreement Alterations

  1. Scope of Work
  2. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents and as the parties may mutually agree upon in a Task Order substantially in the form attached hereto as Exhibit A2 (“Task Order”). Such Work shall be performed as outlinedherein.

(a)Each Task Order authorized as part of this Contract shall be prepared in accordance with OWNER form F0-09727 and shall specify the parts of the Work and the schedule for their completion thathas been mutually agreed in writing to beperformed.

(b)OWNER does not guarantee that CONTRACTOR will perform any or all of the Work described in the Statement of Work and/or the Agreement. CONTRACTOR shall only perform that part of the Work that is stated on specific Task Orders that have been validly and duly executed by OWNER.

(c)If the Agreement calls for a project description, the Project for which the Work under the Contract Documents may be the whole or only a part will be described in the Task Order.

  1. Contract Times
  2. The Work will be substantially completed in accordance with the Task Order.
  3. Contract Price
  4. OWNER shall pay CONTRACTOR the sum(s) set forth on the Task Order for completion of the Work in accordance with the Contract Documents.
  5. If the Agreement provides for Progress Payments, Applications for Payment shall be made in accordance with the Agreement and as provided for in each Task Order. As a minimum, CONTRACTOR must provide anApplication for Paymentand other supporting data as required by the Agreement (such as Schedule of Values or number of units completed)for each Task Order.
  6. Invoicing and Payment
  7. In addition to the requirements of the Agreement, the CONTRACTOR shall comply with any specific invoicing requirements in accordance with each Task Order issued hereunder. As a minimum, CONTRACTOR must identify invoices byboth Task Order and Contract Number.

Part II – General Conditions Alterations

  1. Definitions and Terminology

Wherever used in the Agreement (unless noted otherwise), the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

Agreement – The written contract between OWNER and CONTRACTOR covering the Work; including, but not limited to, Task Order(s) entered into by the parties.

Change Order – A written order, issued on or after the Effective Date of the Task Order(s) and as otherwise defined in the General Conditions of the Contract.

Contract Documents – For the purposes of this Supplement, this includes the definition stated in the General Conditions of the Contract, except that ”…issued on or after the Effective Date of the Agreement” shall now mean, “… issued on or after the Effective Date of the Task Order(s)”.

Contract Times –The numbers of days or the dates stated in the Task Order(s) (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment.

CONTRACTOR – Theindividual or entity with whom OWNER has entered into the Agreement (as set forth above, this may include an ENGINEER, ARCHITECT or DESIGN/BUILDER).

Effective Date of the Task Order(s) – The date indicated in the Task Order(s) on which it becomes effective, but if no such date is indicated it means the date on which the Task Order(s) is signed and delivered by the last of the two parties to sign and deliver.

Task Order(s) – A written instrument which is evidence of the agreement between OWNER and CONTRACTORdirecting CONTRACTOR to actually perform some or all of the Work, substantially in the form of Task Order form F04-09727.

Work Change Directive – For purposes of this Supplement, a written directive to CONTRACTOR, issued on or after the Effective Date of the Task Order(s) and as otherwise defined in the General Conditions of the Contract.

  1. Delivery of Bonds
  2. When CONTRACTOR delivers the executed Task Order(s) (including changes to such Task Orders) to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with the Agreement.
  3. Commencement of Contract Times; Notice to Proceed
  4. The Contract Times will commence to run in accordance with the Task Order(s) 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 30 days after the Effective Date of the Task Order(s). In no event will the Contract Times commence to run later than the thirtieth day after the Effective Date of the Task Order(s).
  5. Preliminary Schedules Before Starting Construction
  6. If the Agreement requires delivery of preliminary schedules by CONTRACTOR, such schedules shall be due no later than ten days after the Effective Date of the Task Order.
  7. Contractor’s Responsibilities Concerning Subcontractors, Suppliers and Others
  8. If the Agreement involves submittal of supplier lists, “… submitted… prior to the Effective Date of the Agreement” shall mean “… submitted… prior to the Effective Date of the Task Order(s)”.
  9. Contractor’s Responsibilities Concerning Permits
  10. If the agreement involves CONTRACTOR responsibilities related to permits, “... the Effective Date of the Agreement” shall mean “…the Effective Date of the Task Order(s)”.

T08-00076 (01/2007)Page A1-1(OE, OEC, D/B)

Attachment C3

RFP-MS-65122

COLORADO SPRINGS UTILITIES

SC-4 Task Order Supplemental Conditions and Alterations

Supplement to Contract 20xxxxxxx

Exhibit A2

Task Order (FormF0-09727)

T08-00076 (01/2007)Page A2-1(OE, OEC, D/B)