Swinerton BCSIS High Peaks CMGC Amendment No.1 GMP.pdf (271 KB)

FIRST AMENDMENT TO CONSTRUCTION MANAGEMENT/GENERAL CONTRACTOR AGREEMENT for BCSIS / HIGH PEAK ES THIS FIRST AMENDMENT TO CONSTRUCTION MANAGEMENT/GENERAL CONTRACTOR AGREEMENT (the “First Amendment”) is made and entered into effective as of the 18th day of November, 2025, and is attached to and forms a part of the Construction Management/General Contractor Agreement (“Agreement”) by and between Boulder Valley School District No. RE-2 (“Owner”) and Swinerton Builders (“CM/GC”) in connection with the Project (as defined in the Agreement). RECITALS WHEREAS, pursuant to a request for proposals, the Owner selected the CM/GC to serve as the Construction Manager/General Contractor for the Project and the parties executed the Agreement; and WHEREAS, Section 6.1 of the Agreement provides that when the design, plans and specifications of the Project are sufficiently complete to make the final cost estimate and subcontractor bids have been received, the CM/GC will fix a Guaranteed Maximum Price, guaranteeing the cost to the Owner for the Cost of the Work and the CM/GC’s Fees. NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants and provisions contained herein, the Parties agree as follows: ARTICLE 1 GUARANTEED MAXIMUM PRICE 1.1 In accordance with Section 6.1 of the Agreement, Owner and CM/GC hereby establish a Guaranteed Maximum Price (“GMP”) for the Project which is in addition to the Preconstruction Phase fee and includes the CM/GC’s Fee as defined in Article 7.0 of the Agreement and the Cost of the Work as defined in Article 8.0 of the Agreement. The GMP for the Project is One million one hundred twenty-three thousand three hundred twenty-three dollars and 00/100 ($1,123,323.00). CM/GC guarantees the GMP subject only to modification for changes in the Work as provided in the General Contract Conditions (Article 23.00 Changes in the Work) and for additional costs arising from delays caused by the Owner or the Architect. The GMP is based upon the following documents, all of which documents are attached hereto or specifically listed in the attachments hereto, and are hereby made a part of and incorporated into this First Amendment and the Agreement:

2022 Bond Program GMP Amendment

1.1.1 A schedule of the list of drawing, specifications, and addenda as signed and dated by the Architect and CM/GC, including a schedule of Requests for Information asked and answered (Exhibit A); 1.1.2

A list of assumptions and clarifications made in preparing the GMP (Exhibit B);

1.1.3 An itemization of the GMP (Exhibit C) broken down by detail and accompanied by supporting documentation (including, for example, bids and estimating takeoff sheets) which includes but is not limited to the following: 1.1.3.1 All prices received for every item bid before the establishment of the GMP and a total of such bids; 1.1.3.2

The maximum cost of all work to be self-performed by the CM/GC;

1.1.3.3

The CM/GC’s Construction Phase Fee and Design Phase Fee;

1.1.3.4 The General Condition Costs, itemized and with supporting documentation and information in accordance with Section 8.2.1 of the Agreement; 1.1.3.5 The installation cost of items to be procured by Owner and assigned to CM/GC for installation; 1.1.3.6 Cost of Work performed by subcontractors and a list of subcontractors with their respect license numbers; 1.1.3.7 CM/GC GMP Contingency, in accordance with Section 8.2.4 of the Agreement and Article 3 of this First Amendment. 1.1.4 A revised Contract Time Schedule, pursuant to Section 5.3 of the Agreement, listing delivery schedule with summary milestone delivery items, itemized breakdown of Work scope, and submittal due dates with responsible party (Exhibit D). This Project shall have two (2) Phases of completion as set forth in the Contract Time Schedule. 1.1.5

CM/GC Insurance Certificates (Exhibit E)

1.1.6

CM/GC Performance Bond (Exhibit F)

1.1.7

CM/GC Labor and Materials Payment Bond (Exhibit G)

1.1.8

Alternate Prices (Exhibit H)

1.1.9

Unit Prices (Exhibit I)

1.1.10 Allowances (Exhibit J) 1.1.11 Loaded Hourly Labor Rate Schedule (Exhibit K) –Not Applicable; Billable rates not permitted per this agreement.

2022 Bond Program GMP Amendment

1.1.12 Equipment Rental Rate Schedule (Exhibit L) 1.1.13 General Conditions of the Contract with Safety Addendum (Exhibit M) 1.1.14 Schedule of Values (Exhibit N) 1.1.15 Boulder Valley School District Asbestos Management Plan Contractor Responsibility form (Exhibit O) 1.1.16 List of all salaried staff to be charged to the Cost of the Work as established in the Agreement (Exhibit P) ARTICLE 2 FINAL COMPLETION 2.1 CM/GC shall achieve sufficient completion of the work and obtain a Temporary Certificate of Occupancy, no later than August 1, 2026. 2.2 The date of Final Completion established by this First Amendment is September 30, 2026 ARTICLE 3 CM/GC CONTINGENCY 3.1 The GMP includes a contingency for the CM/GC’s-use to cover those costs considered reimbursable as the Cost of the Work but not included in a Change Order (“CM/GC Contingency”). Cost overruns in excess of the amount of the CM/GC Contingency will be borne by the CM/GC, unless the GMP is adjusted pursuant to the terms of the Agreement. 3.2 The CM/GC shall advise the Architect and the Owner in writing prior to applying a part of the CM/GC Contingency to an item within the Cost of Work. Owner shall issue written approval to CM/GC for application of the amount from the CM/GC Contingency. The CM/GC shall fully document the change on its copy of the Construction Documents that will become part of the record documents. 3.3 The CM/GC shall maintain a complete CM/GC Contingency log in Trimble Unity Construct (e-Builder) detailing the expenditure of funds from the CM/GC Contingency as defined in the Construction Management /General Contractor Agreement. ARTICLE 4 OWNER DIRECT MATERIAL/EQUIPMENT PURCHASE 4.1 Owner, being exempt from sales tax, reserves the right to make direct purchases of various construction equipment, materials and/or supplies. Such purchases shall be referred to as “OwnerPurchased Materials” for which Owner shall hold full title. 4.2 Where Subcontractors’ bids include pricing for equipment, materials and/or supplies in their bid and Owner exercises its right to purchase, the price of such purchases shall be administered on a deductive Change Order basis.

2022 Bond Program GMP Amendment

4.3 CM/GC shall, at the time of submission of the preliminary Schedule of Values, submit a description of materials, equipment and supplies for consideration as Owner-Purchased Materials. Owner shall notify CM/GC of the items Owner shall directly purchase. 4.4 Owner shall purchase such items and make delivery arrangements to the Project jobsite. CM/GC or its authorized Subcontractor shall visually inspect deliveries of Owner-Purchased Materials to: (1) verify that delivered items conform to the Specifications; (2) verify the accuracy of the delivery ticket or bill of lading; and (3) assess whether delivered items are patently defective. If CM/GC discovers, upon visual inspection, defects or non-conformities in the Owner-Purchased Materials, CM/GC shall not utilize such non-conforming or defective items in the Work and shall promptly notify the vendor of the condition in order to pursue repair or replacement without undue delay or interruption to the Project. CM/GC shall submit to Owner at the next weekly meeting the original of delivery tickets and bills of lading for Owner-Purchased Materials. 4.5 Owner-Purchased Materials shall be stored at the Project jobsite as a bailment for the mutual benefit of Owner and CM/GC. Owner shall be deemed the bailor and CM/GC bailee of OwnerPurchased Materials. Insurance purchased and maintained by CM/GC shall be sufficient to protect against any loss or damage to such Owner-Purchased Materials and shall cover the full value of such Materials not yet incorporated into the Project from the date Owner takes title. Owner shall receive all proceeds derived from all claims against insurer to pay for repair or replacement as a result of damage, loss or destruction. Owner-Purchased Materials shall be considered returned to the Owner for purposes of this bailment at such time as they are incorporated into, or consumed in the process of, the Project. Remainder or salvage Owner-Purchased Materials shall be stored or removed from the jobsite by CM/GC or authorized Subcontractor at Owner’s direction. 4.6 Owner’s exercise of its right to make direct purchases, as provided for herein, shall not relieve CM/GC or its Subcontractor of any obligation required pursuant to the contract for performance of Work, other than elimination of the obligation to make direct payments to vendors of OwnerPurchased Materials.

ARTICLE 5 MISCELLANEOUS 5.1 Except as amended or modified by this First Amendment, the Agreement is hereby ratified and confirmed and all other terms of the Agreement shall remain in full force and effect, unaltered and unchanged by this First Amendment. 5.2 This First Amendment may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. For purposes of executing this First Amendment, facsimile or scanned signatures shall be as valid as the original. ARTICLE 6 LIQUIDATED DAMAGES

2022 Bond Program GMP Amendment

CM/GC understands and agrees that the completion of each Phase of the Work within the time provided is an essential feature of this Agreement and that the Owner will sustain substantial damages, the amount of which is not possible to accurately determine at this time, if the Work is not so completed. The Contractor, therefore, agrees to proceed with due diligence, taking all precautions and making all necessary arrangements to ensure the completion of the work within the prescribed time for each Phase. The Contractor further agrees that his failure to finally and fully complete each Phase of the Work within the time allowed shall be considered as a breach of the Agreement and entitle the Owner to collect liquidated damages for the delay in completion of such Phase the sum of One Thousand Dollars ($1,000.00) per calendar day. ARTICLE 7 ALLOWANCES If applicable, allowances might be carried in the GMP to cover costs considered reimbursable as the Cost of the Work. The CM/GC shall advise the Architect and the Owner in writing prior to applying a part of the Allowance to an item within the Cost of Work. Owner shall issue written approval to CM/GC for application of the amount from the Allowance. The CM/GC shall maintain a complete Allowance Log detailing the expenditure of funds. Upon final acceptance of the project by Owner, any amounts remaining in the Allowance shall be deducted from final payment to, or any monies due, CM/GC. [Signature page follows on next page]

2022 Bond Program GMP Amendment

IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written and shall extend to and bind the parties, their successors, assigns, and personal representatives. CONTRACTOR:

OWNER:

Swinerton Builders

BOULDER VALLEY SCHOOL DISTRICT RE-2

Legal Name of Contracting Entity

Signature of Authorized Officer

Nicole Rajpal, President, Board of Education

Mandy Larson, PE Printed Name of Signatory

Laura Shafer, Board Secretary (if needed)

6890 W 52nd Ave Street Address

Rob Anderson EdD, Superintendent Digitally signed by Kris Stoppenhagen DN: C=US, E=kris.stoppenhagen@bvsd.org,

Arvada, CO 80002 City, State, Zip Code

Stoppenhagen Kris Stoppenhagen CN=Kris Reason: I have reviewed this document Date: 2025.11.06 15:56:25-07'00'

Kris Stoppenhagen, Executive Director of Bond Planning & Construction

Kathleen Sullivan, Legal Review

2022 Bond Program GMP Amendment

FIRST AMENDMENT TO CONSTRUCTION MANAGEMENT/GENERAL CONTRACTOR AGREEMENT EXHIBIT LIST Exhibit A:

Drawings, specifications and documents used to prepare GMP

Exhibit B:

Assumptions and clarifications made in preparing GMP

Exhibit C:

Itemization of GMP

Exhibit D:

Contract Time Schedule

Exhibit E:

Insurance Certificates

Exhibit F:

Performance Bond

Exhibit G:

Labor and Materials Payment Bond

Exhibit H:

Alternate Prices

Exhibit I:

Unit Prices

Exhibit J:

Allowances

Exhibit K: Loaded Hourly Labor Rate Schedule - Not Applicable; Billable rates not permitted per this agreement. Exhibit L:

Equipment Rental Rate Schedule

Exhibit M:

General Conditions of the Contract with Safety Addendum

Exhibit N:

Schedule of Values

Exhibit O:

Boulder Valley School District Asbestos Management Plan Contractor Responsibility form

Exhibit P:

List of all salaried staff to be charged to the Cost of the Work as established in the Agreement

2022 Bond Program GMP Amendment